Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION

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

Vol. 159 WASHINGTON, TUESDAY, OCTOBER 29, 2013 No. 152 House of Representatives The House met at 10 a.m. and was former regimes on one side and the antiquated, and highly statist econo- called to order by the Speaker pro tem- stultifying religious rule on the other. mies in the 21st century. Since the pore (Mr. COLLINS of New York). Faced with these daunting realities, ouster of Ben Ali and Mubarak, I have f the Obama administration may be in pushed for the creation of enterprise the midst of a strategic reevaluation of funds and other nimble vehicles that DESIGNATION OF SPEAKER PRO our role in the region—one that is far will allow us to direct resources at spe- TEMPORE more modest in ambition, more tem- cific sectors that can help to drive eco- The SPEAKER pro tempore laid be- pered in expectation, and certainly nomic growth, as well as improve the fore the House the following commu- more reliant on the use of its diplo- quality of life for ordinary people. nication from the Speaker: matic, not military, resources. In coming years, these economies WASHINGTON, DC, This new approach stands in stark will need to produce sufficient jobs and October 29, 2013. contrast to the effort by the George W. wealth to both sustain workers and I hereby appoint the Honorable CHRIS COL- Bush administration to deliver a ‘‘free- their families and to provide the eco- LINS to act as Speaker pro tempore on this dom agenda’’—sometimes through the nomic conditions for sustainable polit- day. barrel of a gun—that would bring de- ical stability. But that cannot be an JOHN A. BOEHNER, mocracy to a region that has known excuse to put off political reform now, Speaker of the House of Representatives. mostly misrule. That doctrine, or its because capital flows will not resume f application, proved entirely unwork- until investors have some confidence MORNING-HOUR DEBATE able, as the societies freed of their au- that their money is safe. thoritarian shackles had nothing upon The experience of both Egypt and Tu- The SPEAKER pro tempore. Pursu- which to build. This is a lesson we may nisia serve to reinforce the inchoate ant to the order of the House of Janu- be bitterly learning in Libya as well. nature of their political transitions. ary 3, 2013, the Chair will now recog- These setbacks and the realization Both countries emerged from their re- nize Members from lists submitted by that democracy building is a genera- spective revolutions with energized the majority and minority leaders for tional undertaking must not lead us to Islamist movements that were able to morning-hour debate. disengage from the region. The forces triumph over less well-organized sec- The Chair will alternate recognition freed by the Arab Spring will not be ular parties—in large measure because between the parties, with each party contained, and I still believe they can the old governments had atomized limited to 1 hour and each Member lead hundreds of millions of people to their opposition and left political other than the majority and minority more representative forms of govern- Islamist governments as the only via- leaders and the minority whip limited ment, more economic opportunity, and, ble alternative. In both countries, this to 5 minutes each, but in no event shall we must hope, more tranquility and experiment failed as a result of over- debate continue beyond 11:50 a.m. peace within their borders. reaching and a misreading of the peo- f The United States needs to help build ple’s wishes—a development that institutions capable of supporting a should ease the fears of those who saw BUILDING A NEW MIDDLE EAST— transition in the Arab world in three a ‘‘green wave’’ sweeping across the THE WORK OF A GENERATION dimensions: political, economic, and Middle East. The SPEAKER pro tempore. The civil society. Unmet economic needs The dysfunction in both Cairo and Chair recognizes the gentleman from are the most pressing. At its heart, the Tunis, and the Egyptian military de- California (Mr. SCHIFF) for 5 minutes. Arab Spring is the expression of dis- posing of President Mohammed Morsi Mr. SCHIFF. Mr. Speaker, for nearly content of millions of idle, young in a coup, are a reminder that a demo- 3 years, the Arab Middle East, an enor- Arabs, who have seen the economic op- cratic outcome is never assured or to mous arc stretching from the Atlantic portunities that the outside world of- be assumed. The United States must to the Indian Ocean, has been in tur- fers, but whose own economic realities stand ready to assist Arab nations with moil. Restive millions, frustrated by a are plagued by stagnation, mismanage- the long-term institution-building and lack of economic opportunity, repres- ment, and cronyism. political spadework that are necessary sive politics, and a social structure The cure is not outright assistance, preconditions for democracy. often at odds with modernity, have which will do little to unleash or oc- In Tunisia, which is small, relatively taken to the streets demanding change. cupy long-term energies of Arab youth. prosperous, and not nearly as divided Their revolution hangs in the balance It is investment that will allow this as some of its larger neighbors, pros- with the entrenched interests of the generation of Arabs to drag inefficient, pects for a peaceful transition and

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

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VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6832 CONGRESSIONAL RECORD — HOUSE October 29, 2013 transfer of power from the current AFGHANISTAN ica. To send over $600 billion to Af- Islamist government to a technocratic The SPEAKER pro tempore. The ghanistan to build roads, schools, and government that would oversee elec- Chair recognizes the gentleman from utility plants so the Taliban can blow tions are alive, if not entirely well. But North Carolina (Mr. JONES) for 5 min- them up makes no sense. while a framework for the installation utes. It is time for little girls like these of a caretaker government remains, Mr. JONES. Mr. Speaker, at this two to have their daddies at home and squabbling between the Islamists and point in our Nation’s history, I believe not in a coffin. the secular opposition has slowed the both parties will acknowledge that we [From the Daily Trojan, Oct. 7, 2013] process and reintroduced uncertainty have major economic issues facing our AFGHANISTAN WAR MUST END IMMEDIATELY into Tunisia’s fragile politics. country. As Congress just recently (By Jayel Aheram) came to a temporary resolution which Yesterday marked the 12 year anniversary Political institution-building and of the war in Afghanistan. Americans have creating a culture of good governance raised the debt ceiling by $230 billion, it is incredible to me that we still grown weary of the drawn-out conflict’s un- will require targeted assistance, train- defined goals and increasingly unsustainable ing programs, and a lot of patience. found $30 billion in aid to send to Af- financial costs. According to a CBS News Egypt and Tunisia may be a mess now ghanistan and $1.6 billion in aid to send poll, support for the war in Afghanistan but 10 years from now will not be the to Pakistan. plummeted last year to its lowest with only Mr. Speaker, at a time when America same as they are today, and we can 1 in 4 Americans agreeing that the United is drowning in debt, this is completely States is doing the right thing. President play a role in helping to shape that fu- unacceptable. And even more impor- Barack Obama responded to this political re- ture. tant than the money are the American ality when he announced last February that Think of some of the other countries lives that have been lost—six in the ‘‘by the end of next year, our war in Afghani- that have democratized in recent years stan will be over.’’ But will there really be time the government was shut down an end to the Afghanistan war? in Eastern Europe, Asia, and Latin and one the weekend after. There were three ends to the war in Iraq: America. The transitions have not been As we work to fix our national prob- The first was in May 2003, when President quick or smooth, and many of them are lems, we should be wise enough to fol- George W. Bush announced, ‘‘Mission accom- still ongoing. Amid the euphoria that low the lead of the nations who have plished,’’ in an infamous speech aboard the accompanied the collapse of the Com- interfered in Afghanistan before us— USS Abraham Lincoln just two months after munist bloc in Eastern Europe, we England and Russia are only two exam- the invasion of Iraq. The second was in Sep- tember 2010, when ‘‘combat troops’’ silently were tempted to believe we were all ples—and stop wasting lives and money crossed the Iraqi border into Kuwait, an witnesses to the ‘‘end of history,’’ as on a country that will never change. event Obama’s MSNBC boosters were breath- one academic put it. History tells us that it is time to bring lessly proclaimed as the triumphant ‘‘End of The reality has been far messier vestiges of our troops home. the Iraq War.’’ The third was in December I want to thank ABC News for their 2011, when the Iraqi parliament refused to communist oppression still remain throughout effort each Sunday morning during grant further immunity to U.S. troops be- the former Soviet Union and the Warsaw Pact. ‘‘This Week with George Stephan- yond 2011, finally forcing to U.S. troops’ These experiences hold an important lesson opoulos’’ to faithfully list the names of withdrawal from Iraq. If Iraq had three ‘‘end of wars,’’ how many will there be in Afghani- for the Arab states—that persistence pays and the Americans who have been killed in stan? According to the Washington Post, a that democracy is possible, even where it had Afghanistan, just as they did during few thousand U.S. combat troops will likely not existed previously. The United States must the Iraq war. It is with sadness that I remain in Afghanistan beyond 2014 to train support these transitions, and we must be will- report that they have added seven and advise security forces. Despite this ing to use financial inducements and other le- names to this list over the last 3 promise by Obama of the war’s end, Amer- vers to steer their political development in a weeks. ican presence in Afghanistan will merely add Mr. Speaker, on the poster beside me to the grim death toll after 2014. direction that will best serve the Arab peoples According to Los Angeles Times, an Amer- and preserve regional and global peace. The are the faces of two little girls, Steph- ican service member was killed last week in partial cutoff of military aid to Egypt and the anie and Eden, whose father, Sergeant an ‘‘insider attack’’—incidents where Afghan broader conversation it has sparked about Kevin Balduf, from Camp Lejeune Ma- allies attack the U.S. troops who train them. how best to configure assistance may presage rine Base, which is in my district, was This recent event follows another from the a new diplomatic strategy that is less reliant killed in Afghanistan. He and Colonel weekend before in which three U.S. troops on military relationships devoted to the status Palmer, from Cherry Point Marine Air were killed. According to NATO, in 2011 and Station, also in my district, were try- 2012, 97 coalition members were killed by quo and more supportive of civil society, eco- their Afghan counterparts in these insider nomic and political reform. ing to train the Afghans to be police- attacks. Even as the United States shifts its men. One of the trainees turned their This leads to the third area where the role from combat to advisory and training, pistol on Palmer and Balduf and killed United States can play an important role—in deaths from insider attacks will most likely both of them. So these little girls are continue. Taliban leaders, including Mullah trying to support the transition of Arab civil so- standing at Arlington Cemetery with Muhammad Omar, have urged their sympa- ciety from one that was imposed from above their mom holding their hands. thizers and members to continue to infil- to one driven primarily by the needs and inter- Perhaps more disheartening is the trate the security forces and kill American ests of its people. Free expression, women’s fact that two of the most recent deaths trainers and Afghan trainees. empowerment and respect for minority groups Bob Dreyfuss wrote in The Nation that in Afghanistan also were an example of are essential to the growth of democracy. Fo- military commanders believe in an ‘‘insur- Afghans that we were trying to train cusing assistance to groups in these areas gent math’’—that is, for every civilian the killing Americans. We were just trying U.S. military kills, 20 insurgents take their can help to broaden the constituency for to help them. place. Approximately 6,841 civilians have change and also give the young and dis- Mr. Speaker, a few weeks ago, I been killed since the beginning of the Af- affected an alternative to jihad. spoke on the floor about an article I ghanistan war. Using this ‘‘insurgent math,’’ Today’s Arab twentysomethings face even read, entitled, ‘‘The Forgotten War’’ by that would mean the U.S. military has cre- greater challenges than the Europeans of ated more than 120,000 insurgents who con- Ann Jones. I also will submit an article tinue to threaten the lives of U.S. troops and 1990s. But President George H.W. Bush and written by an Iraq war veteran named Afghans loyal to the Karzai regime. These his successor, Bill Clinton, both understood Jayel Aheram, who now attends the newly created insurgents have empowered that the investment in Eastern Europe was University of Southern California, the Taliban as evidenced by a recent article one that would pay dividends for decades. which is entitled, ‘‘Afghanistan War by the Associated Press, which reported that They were right and it has. I believe that we Must End Immediately.’’ Both of these Taliban fighters have started an insurgent have a similar opportunity to help the Arab articles hold the same conclusion: the campaign of regaining lost territories as for- people. It will take longer and there will be set- war in Afghanistan is a misuse of eign troops depart. After 12 long years, $600 billion spent, more than 2,000 military backs. But the alternative is to watch a gen- American youth, American money, and deaths, 6,000 civilian deaths and tens of thou- eration succumb to despair—a despair that is American military power. sands of lives irrevocably altered, when will likely to have negative consequences for us It is time for the Congress of the Americans muster the political will and and for our allies. I prefer to bet on hope and United States to face the fact that we courage to end America’s longest war? Re- work for change. have our own problems here in Amer- naming the war is not progress, it is not

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6833 peace and it will certainly not stop Amer- acy of Sandy is one of action and not within the reach of all Americans ican deaths. despair and procrastination. health plans that they could choose ac- f f cording to their own individual needs of their own families, that they could HURRICANE SANDY 1-YEAR COLLAPSE OF AMERICAN HEALTH own and that they could control, but ANNIVERSARY CARE this package has never passed the The SPEAKER pro tempore. The The SPEAKER pro tempore. The House, and it is high time that it did. Chair recognizes the gentlewoman from Chair recognizes the gentleman from It extends the same tax breaks we California (Ms. MATSUI) for 5 minutes. California (Mr. MCCLINTOCK) for 5 min- currently give to companies to employ- Ms. MATSUI. Mr. Speaker, as a mem- utes. ees so they can afford to buy their own ber of SEEC, the House Sustainable Mr. MCCLINTOCK. Mr. Speaker, over health care, again, according to their Energy and Environment Coalition, I the past few weeks, it has become obvi- own needs. rise today to recognize the 1-year anni- ous that we are watching nothing less It expands Health Savings Accounts versary of Superstorm Sandy. Today, than the collapse of the American so people can meet their needs with we remember those who lost their lives health care system. Millions of Ameri- pretax income. during this catastrophe and salute cans are losing their health plans and It restores to people the freedom to those who continue the rebuilding ef- set adrift into a dysfunctional system shop across State lines to find the best forts. where they cannot find comparable af- policies to suit their needs. One year ago, Sandy ravaged the east fordable policies. It restores flexibility so that health coast, producing devastating floods and Few are signing up on the plans can accommodate people with widespread power outages, disrupting ObamaCare exchanges. How few, we preexisting conditions while expanding cellular phone networks and transit don’t know. Because the numbers are risk pools to provide for those condi- systems. As a whole, the region suf- so embarrassing, the administration tions. fered over $65 billion in economic refuses to report them. There are pub- It attacks cost drivers like medical losses. Families lost their homes, their lished reports that some 80 percent of liability law that are making health precious mementos, and reminders of the signups are pushed into the Med- care unaffordable. their daily lives. Communities lost icaid system, which is itself nearing It restores pricing flexibility to plans their businesses. Tragically, some indi- functional collapse as doctors simply so that a healthy young person can viduals lost their lives. opt out. Those who are able to keep again purchase catastrophic insurance While the east coast was the primary their health plans are seeing their for next to nothing. victim of Sandy, extreme weather rates skyrocket to unaffordable ex- It takes the best of the American knows no boundaries and other com- tremes. Those few who can find afford- health care system, preserves it, and munities around the country are not able policies often discover they are corrects its flaws. immune from suffering the same fate. losing their doctors. Now, I realize the Senate is likely to Floods, hurricanes, wildfires, and bury this reform as it has so many, but b 1015 droughts are becoming all too common, it is important that the House pass it all too intense, and all too costly. Many employers are dropping their so the American people can see that These events will continue to wreak employee health plans or reducing sal- there is still hope to save what was economic havoc and uproot families, aries or cutting back on work hours or once the finest health care system in unless we take meaningful action to laying off workers while trying to cope the world and that it can be again as address climate change. with increased costs. A constituent of soon as this fever dream of ObamaCare In California, climate change is in- mine reports her employer cut her sal- finally breaks. creasing the frequency of extreme heat ary 23 percent as it tries to cope with We have just been through a govern- and prolonged drought, placing mil- ObamaCare costs. ment shutdown because Democrats re- lions of Californians at greater risk of The ObamaCare Web site is a monu- fused to even consider delaying the public health threats such as heat-re- ment to governmental incompetence. ObamaCare train wreck. They got their lated sickness, forest fires, and water This is a Web site designed to sell a way, and that train wreck is now upon scarcity. single product that has been under de- us. I believe, in coming months, the At home, my constituents live under velopment for more than 3 years at a American people will recognize the ur- the constant threat of flooding, which taxpayer cost of more than $600 mil- gent warnings that the Republicans is why I work relentlessly to strength- lion—more than was spent developing tried so desperately to convey, and en our levees and upgrade our infra- Facebook or Twitter—and it does not they will be looking for a way out. We structure. If extreme weather caused a work. need to blaze that trail now. levee to be breached in Sacramento, But that is not the big problem. For that reason, I ask the House the damage would be similar to that The big problem is that, today, there leadership to bring the Republican experienced in New Orleans. are fewer people with health insur- health care reforms to the floor, to get Mr. Speaker, events like Sandy can ance—apparently, a lot fewer than be- them to the Senate, and then let the happen anywhere. They don’t just fore this program began less than 1 American people decide. threaten the coasts, but all commu- month ago. This is the disaster that Mr. Speaker, freedom works. It is nities in all States. Events like Sandy Republicans tried to prevent or at least time we put it back to work. can happen at any time—and are hap- to delay, but that disaster is now un- f pening with alarming frequency. This folding before our eyes with dire con- was not an isolated event that happens sequences for millions of Americans. PERSONALIZE YOUR CARE ACT OF every decade. With all its flaws, the American 2013 We cannot continue to sit back and health care system was the finest in The SPEAKER pro tempore. The wait for the next disaster to happen be- the world. It was the most innovative, Chair recognizes the gentleman from fore we take action. The time to act is the most advanced, the most adapt- Oregon (Mr. BLUMENAUER) for 5 min- not a year from now, not a month from able, and the most responsive to the in- utes. now, not even a day from now. The dividual needs of patients, and now we Mr. BLUMENAUER. Mr. Speaker, I time to act is today. are losing it. started my day with my friend and col- We must implement preventative The one question I keep hearing is: league Dr. PHIL ROE, a Republican Con- measures to make our communities Well, what do the Republicans propose? gressman from Tennessee. We met with more resilient and be proactive in ad- In fact, Republicans have had a com- representatives from the American dressing climate change, the root cause prehensive alternative for years. Academy of Hospice and Palliative of extreme weather events. Only then Spearheaded by Dr. TOM PRICE of Geor- Medicine. These dedicated profes- will we be able to safeguard the coun- gia and Dr. PHIL ROE of Tennessee and sionals deal with helping patients and try from the destructive effects of ex- sponsored by the Republican Study their families contend with some of the treme weather and ensure that the leg- Committee, this package would bring most difficult circumstances any of us

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6834 CONGRESSIONAL RECORD — HOUSE October 29, 2013 will ever face: loved ones in pain with Mr. POE of Texas. Mr. Speaker: The right of the people to be secure in difficult medical conditions at the end The administration puts forward a false their persons, houses, papers, and effects of life. choice between the liberties we cherish and against unreasonable searches and seizures, We were discussing legislation that the security we provide. No more illegal shall not be violated, and no warrants shall issue but upon probable cause, supported by Dr. ROE and I have cosponsored—the wiretapping of citizens, no more ignoring the law when it is convenient—that is not who oath or affirmation, and particularly de- Personalize Your Care Act of 2013, H.R. scribing the place to be searched and the per- 1173. we are. That is not what is necessary to defeat the terrorists. We will again set an ex- sons or things to be seized. Despite widespread agreement in ample for the world that the law is not sub- The Fourth Amendment specifically principle that individuals should be ject to the whims of stubborn rulers and that prohibits government from seizing the fully involved with decisions related to justice is not arbitrary. This administration whole haystack to find the one needle. their health care, too often, this is not acts like violating civil liberties is the way Mr. Speaker, the American people to enhance our own security. It is not. the reality. Most adults have not com- have lost trust in government. It is pleted an advanced directive. If docu- Mr. Speaker, those were the words of time for Congress to intervene to pre- ments are completed, they are not reg- Senator Barack Obama in 2007. vent the invasion of privacy by govern- ularly revisited and can be difficult to That was then. This is now. ment against the citizens. The Federal The NSA, the National Spy Agency, locate when needed. Because these Government must stop redlining the as I call it, is continuing its stealth in- issues are difficult to discuss, often Fourth Amendment. trusion into the lives of not only Amer- surrogates feel ill-prepared to interpret According to an administration offi- icans but of foreign leaders as well, their loved ones’ written wishes. These cial, the President did not sign off on whom Senator Obama once talked shortcomings leave families and health this stuff, and was unaware of the about. The NSA has been caught eaves- care proxies faced with the burden of depth of the surveillance of foreign dropping on the Germans, the French, determining their loved ones’ wishes in leaders. and now new reports say 60 million the midst of crisis, adding greater Who did sign off? phone calls in Spain were monitored by stress and anxiety. Mr. Speaker, is there a shadow gov- One of the great misconceptions the NSA. ernment in America that operates out- about advanced care planning is that it A bit more history about the NSA side the law, outside the knowledge of is a onetime event. Attempting to plan and its spying: the administration? for all of the possibilities in a single The Department of Justice stealthily Sort of spooky, isn’t it, Mr. Speaker? document or within a single conversa- seized information from 20 different Technology may change, but the tion is both overwhelming and impos- Associated Press phone lines, including Constitution does not. We can have se- sible. For advanced care planning to be some in the U.S. Capitol—right up curity but not at the cost of losing in- successful, it must become less about there. The Department of Justice dividual freedom because, to quote the legal documentation and more about stealthily seized phone records of Fox constitutional law professor: facilitating ongoing communication News reporter James Rosen, of his par- about the future care wishes among in- ents and of several Fox News phone There should be no choice between the lib- lines. In the month of January of 2013 erties we cherish and the security we pro- dividuals, their health care providers vide. and their families. alone, 125 billion phone calls were mon- This approach recognizes that docu- itored worldwide, and at least 3 billion And that’s just the way it is. ments like advance directives and phy- of them were phone calls in America. f The NSA stealthily seized from sician orders for life-sustaining treat- TRADE AND KOREA ment are not the end but the means— Verizon Business Network Services the tools—for documenting care pref- millions of telephone records, includ- The SPEAKER pro tempore. The erences based on informed decisions ing the locations, numbers and times of Chair recognizes the gentlewoman from that incorporate an individual’s values, domestic calls. A secret government Ohio (Ms. KAPTUR) for 5 minutes. personal goals and current cir- program called PRISM allowed the Ms. KAPTUR. Mr. Speaker, Politico cumstance. This process not only pro- NSA to search photos, emails and docu- recently reported that U.S. Trade Rep- vides higher quality care but personal- ments from computers at Apple, resentative Michael Froman is pressing ized care. This is the right time to em- Google and Microsoft, among many for another trade bill as soon as pos- brace this simple, commonsense re- other Internet sources. sible. This one is called the Trans-Pa- form. NSA and the Snoop and Spy Caucus cific Partnership (TPP), to be signed I stepped out of a hearing going on in say this spying on Americans and our with Asian Pacific countries, about a Ways and Means about the Affordable allies is necessary to catch the terror- dozen of them. But whether it is the Care Act, which has basically become a ists. They even claim terrorist attacks Obama administration, the Bush I or contest, an ongoing soap opera, not an have been prevented. If this is true, Bush II administration or the Clinton effort to fix the expensive health care show the evidence. Prove it. Where are administration, the executive branch system that too often delivers medi- the terrorists who supposedly have continues to push the same old failed ocre results. Instead, it is used as a po- been thwarted by these surveillance trade model that puts foreign involve- litical tug of war. The Personalize tendencies? ment and multinational interests Your Care Act is a way out of this cul- Even if it is true, which I doubt, it ahead of America’s workers and Amer- de-sac. It is a way that we can come to- still violates the law. In my opinion, it ica’s businesses. In fact, these deals gether to empower families, to know violates the PATRIOT Act. The PA- have cost America millions and mil- what they face, to understand their TRIOT Act doesn’t allow for this non- lions of jobs as our trade deficit con- choices, to make their wishes known, sense. It violates the constitutional tinues to get worse. and to assure their wishes are re- right of privacy, Mr. Speaker. It vio- This TPP proposal is particularly spected. lates the Fourth Amendment and the disturbing as a new trade deal. Be- I strongly urge my colleagues to join right of persons to be secure in their cause, if you look at the results of the Dr. ROE and me to cosponsor H.R. 1173, homes, papers and effects without gov- first Obama administration trade deal, the Personalize Your Care Act, and to ernment intrusion. Government cannot the Korean deal, you will see the proof work with us to guarantee this impor- use the old Soviet-style, dragnet ap- is in the pudding that things didn’t get tant protection for all American fami- proach, hoping to catch a big fish while better with our economy, they actually lies. also catching the endangered species of got worse. We were told with the Ko- f freedom. rean free trade deal that America Those who argue otherwise say they would create 70,000 jobs here at home. NSA AND THE SNOOP AND SPY must seize the whole haystack to find Guess what? CAUCUS the needle in the haystack. Mr. Speak- The fact is, in reality, with the Ko- The SPEAKER pro tempore. The er, that is exactly what is prevented in rean free trade deal, America has lost Chair recognizes the gentleman from the Fourth Amendment. I would like to another 40,000 jobs as a result of that Texas (Mr. POE) for 5 minutes. quote the Fourth Amendment: agreement alone. That is about 4,000

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6835 jobs lost each month because of the Ko- GOVERNMENT GLITCHES have to wonder about what the future rean free trade deal. The SPEAKER pro tempore. The holds. From the missed deadlines, We were promised with the Korean Chair recognizes the gentleman from delays, and special waivers to, now, deal that our economy would grow Pennsylvania (Mr. THOMPSON) for 5 Web site crashes and Americans losing through increased exports by $10 bil- minutes. the plans they have, the outcomes we lion to $11 billion. Mr. THOMPSON of Pennsylvania. are encountering with this law are Guess what? Mr. Speaker, the American people have completely unacceptable. Mr. Speaker, it is time for the admin- In reality, U.S. exports to Korea have become all too accustomed to govern- istration to delay and fix all these ment glitches, which result largely actually declined by roughly $800 mil- glitches that are so evident in the Af- from government that has grown too lion since the agreement took effect. fordable Care Act. It is time for the large, too bureaucratic, and too dif- Yes, that is a 20 percent decline. That Obama administration to do the right translates into lost jobs and lost in- ficult to navigate. thing. The American people deserve as Every day, with a dedicated and com- come. much. America was told that if we signed passionate staff, I assist constituents f the Korean trade agreement that, actu- in navigating the frustrating and chal- ally, our trade deficit would shrink. lenging bureaucracy of the Federal IN CELEBRATION OF DIWALI Government. On a daily basis, we at- The SPEAKER pro tempore. The tempt to problem-solve issues that b 1030 Chair recognizes the gentleman from citizens face when seeking resolution California (Mr. HONDA) for 5 minutes. Well, guess what, the month the Ko- on issues with Federal agencies, agen- Mr. HONDA. Mr. Speaker, let me just rean trade agreement took effect, the cies such as the Internal Revenue Serv- be a little uplifting today. U.S. trade deficit with Korea was $564 ice, the Environmental Protection I rise today to wish my friends and billion. It has nearly tripled to $1.6 bil- Agency, Veterans Affairs, or FEMA, colleagues a happy Diwali. Diwali is lion, adding to the sea of red trade-def- just to name a few. this Sunday, November 3, and it sig- icit ink and more lost jobs. The frustrations and difficulties cre- nifies the start of the lunar new year. We were told that America would ac- ated as unintended consequences of the The festival of Diwali is a rich cultural tually level the playing field in the Affordable Care Act have dramatically history. It celebrates the victory of field of automotive trade if we passed expanded how large and damaging gov- good over evil, light over darkness, and the Korean free trade deal. I didn’t ernment glitches can be. The Web site knowledge over ignorance. vote for it. But guess what? Since the glitches are just icing on the cake; for Diwali is one of the biggest festivals Korean agreement took effect, U.S. ex- over the last several years, the broken for Hindus, celebrated with great en- ports of motor vehicles to Korea have promises have continued to mount. One thusiasm and happiness. The festival is gone up monthly by, guess what, how of the more glaring broken promises celebrated for 5 continuous days, where much—44 cars—44 cars. That is it. At was reported yesterday when Ameri- the third day is celebrated as the main the same time, guess how many more cans found out they won’t be able to Diwali festival or Festival of Lights. cars the Koreans are shipping in here keep the plan they have, despite what This holiday commemorates Lord per month—20,000. All told, Korea has the President has been telling us. Rama’s return from 14 years of exile after defeating the demon King Ravan. imported more than 1.5 million motor Yesterday, NBC News aired a report Different colorful varieties of fire- vehicles to the United States since the that sources involved in the Affordable Care Act have admitted that: works are always associated with this agreement took effect. festival. People shoot firecrackers to Meanwhile, America has only ex- Fifty to 75 percent of the 14 million consumers who buy their insurance individually drive away evil spirits. On this auspi- ported 34,000 cars—only 34,000. That is a cious day, people light up diyas lamps 44 to one advantage on Korea’s side. can expect to receive a ‘‘cancelation’’ letter or the equivalent over the next year because and candles all around their house. That doesn’t sound like an agreement their existing policies don’t meet the stand- These lamps are kept on during the that is working to me. Why model the ards mandated by the new health care law. night and people clean their houses to new TPP on that agreement. The Ko- One expert was reported as predicting welcome Lakshmi, the goddess of rean deal isn’t working. that number could reach as high as 80 wealth, into their homes. Lakshmi is The sad thing is the American people percent. All of the four NBC sources said to bring prosperity and happiness have been told the same free-trade said that many of those forced to buy to people in the new year. agreement lies for the past quarter pricier new policies will experience During Diwali, all the celebrants century. All the lies that are contained ‘‘sticker shock.’’ wear new clothes and share sweets and in them have resulted in a sea of red While millions of Americans are snacks with family members and ink that is costing us jobs. It is no sur- being shocked by cancelation letters friends. They perform the ceremonial Puja in the evening and seek divine prise America has amassed a $17 tril- for their health insurance, the Obama blessings from Lakshmi. The festival of lion budget deficit when you have a $9 administration has known of this gov- Diwali is never complete without the trillion accumulated trade deficit over ernment glitch for at least 3 years. exchange of gifts. People present the last 25 years. Too much of our eco- Mr. Speaker, the so-called Affordable Diwali gifts to all near and dear ones. nomic powerhouse has been traded Care Act has been anything but afford- away. Diwali is an official holiday in India, able. Prices continue to rise on insur- Nepal, Sri Lanka, Myanmar, Mauri- Mr. Speaker, it is time for Congress ance premiums, and the cost of care to stop these bad trade deals. Focus on tius, Guyana, Trinidad and Tobago, nationally continues to go up. Suriname, Malaysia, Singapore, and creating jobs inside our country. I call Mr. Speaker, this law was intended on Republican leaders to sideline the Fiji. This holiday is one of the most to expand access and quality. Yet in important holidays in Indian culture Trans-Pacific Partnership deal and Pennsylvania, children are being forced bring up my bill H.R. 192, the Bal- and a time for families to reunite and out of the Children’s Health Insurance enjoy one another’s company. ancing Trade Act, as a start. Program, commonly known as PA I ask my colleagues to join me in the This legislation would require the ad- CHIP, and into medical assistance. celebration of Diwali, the Festival of ministration to outline actions to bal- CHIP is serving our kids adequately Lights. Happy Diwali. ance the trade deficit with every single through commercial products that are f country with which we have a trade widely accepted by physicians. It is deficit—including Korea—country by low-cost, market-based health insur- HONORING GEORGE BERRY, SR. country. America can then again begin ance coverage. Moving these kids onto The SPEAKER pro tempore. The to create jobs in this country at a level Medicaid has the potential to dramati- Chair recognizes the gentleman from that the American people expect—to cally limit access to care. Mississippi (Mr. HARPER) for 5 minutes. yield a vibrant economy here at Given the mounting evidence of Mr. HARPER. Mr. Speaker, I rise home—and grow our middle class for- glitches in ObamaCare’s rollout, af- today to recognize the craftsmanship ward, not backward. fordability, and individual choice, you of George Berry, Sr.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6836 CONGRESSIONAL RECORD — HOUSE October 29, 2013 George’s life has been dedicated to His carved wood sculptures are on ex- PLEDGE OF ALLEGIANCE woodcarving. This interest began at a hibit in a number of museums, includ- The SPEAKER. Will the gentleman young age and developed into a lifelong ing the Old Capital Museum in Jack- from Illinois (Mr. QUIGLEY) come for- pursuit. His artwork displays a passion son, Mississippi, and the Museum of ward and lead the House in the Pledge for nature, particularly the wildlife of Natural Science. of Allegiance. Mississippi. George has been featured in many na- Mr. QUIGLEY led the Pledge of Alle- George has not only been committed tional and regional publications, such giance as follows: to his art, but also to sharing his gifts as Southern Living and Mississippi I pledge allegiance to the Flag of the through teaching. He has become an Outdoors. These many accolades are a United States of America, and to the Repub- important fixture within the local art testament to this gifted artist. lic for which it stands, one nation under God, community in Mississippi, and he has So again, on behalf of the House of indivisible, with liberty and justice for all. been recognized both within this com- Representatives, I would like to con- f munity and outside of it with several gratulate and recognize Mr. George MESSAGE FROM THE SENATE distinguished awards. Through his pas- Berry, Sr. on his achievements as both sion for art and education, George an artist and as a teacher. For more A message from the Senate by Ms. Berry, Sr. has made a tremendous im- than 50 years, George has used his God- Curtis, one of its clerks, announced pact on many Mississippians and oth- given gift as a skillful craftsman to that the Senate has passed a bill of the ers throughout this country. make beautiful pieces of art. Today, he following title in which the concur- George was born in Vinita, Okla- continues to graciously share his rence of the House is requested: homa; and at the age of 6, George was knowledge and skill with many others. S. 893. An act to provide for an increase, ef- taught woodcarving by his father. He fective December 1, 2013, in the rates of com- f moved to Mississippi in 1972 to teach pensation for veterans with service-con- industrial arts at the Piney Woods RECESS nected disabilities and the rates of depend- ency and indemnity compensation for the School, a historically African Amer- The SPEAKER pro tempore. Pursu- survivors of certain disabled veterans, and ican boarding school located in Rankin ant to clause 12(a) of rule I, the Chair for other purposes. County, Mississippi. A year later, he declares the House in recess until noon f became a charter member of the today. WELCOMING REVEREND JACK Craftsmen’s Guild of Mississippi, a pro- Accordingly (at 10 o’clock and 42 HIBBS gram created to promote folk art with- minutes a.m.), the House stood in rein the State. cess. The SPEAKER. Without objection, After retiring from Piney Woods in the gentleman from California (Mr. f 1984, George Berry has dedicated a ma- GARY G. MILLER) is recognized for 1 jority of his time to woodcarving. Even b 1200 minute. so, he continues to spend a great deal AFTER RECESS There was no objection. of his time teaching others. George Mr. GARY G. MILLER of California. teaches weekly classes for the Mis- The recess having expired, the House Mr. Speaker, it is my honor to have my sissippi Craftsmen’s Guild and fre- was called to order by the Speaker at good friend and my pastor, Jack Hibbs, quently instructs students at the Alli- noon. here with us today to give the opening son Wells School of Arts and Crafts in f prayer. He is a senior pastor with Calvary Canton, Mississippi. Additionally, he PRAYER has taught at the John C. Campbell Chapel Chino Hills. He has an incred- Folk School in Brasstown, North Caro- Reverend Jack Hibbs, Calvary Chapel ible mission going on in California. lina. Chino Hills Church, Chino, California, Plus, he has a global ministry going on George Berry’s preference in style is offered the following prayer: the radio. He does an amazing job in reflected in his large body of work. His Almighty God and Father, if it be preaching God’s word, and I am glad to realistic depictions of nature are the Your will that we be revived as a Na- have him here with us today. constant theme in his artwork. In par- tion, hear my prayer. I ask You to f ticular, many of his wood pieces rep- make us a thankful people, that we ANNOUNCEMENT BY THE SPEAKER resent Mississippi wildlife with works would bless You, the author of abun- PRO TEMPORE such as catfish, deer, and hunting dogs. dant mercies. Beautiful sculptures of leaves and birds Enable us to display our gratitude for The SPEAKER pro tempore (Mr. are other staples of his artwork. His all Your goodness by endeavoring to YODER). The Chair will entertain 15 fur- skillful craft is a demonstration of the fear and obey You. Bless us with Your ther requests for 1-minute speeches on grace and rustic beauty that is found wisdom in this House, success in our each side of the aisle. in nature. battles, and let our prosperity be tem- f This Mississippi craftsman has been pered with generosity. CONSTITUENTS CONCERNED recognized with many awards and hon- We pray that You would keep the ABOUT OBAMACARE ors. George Berry received a Folk Art- United States in Your holy protection, ist Fellowship from the Mississippi that You would incline our hearts to (Mr. WILSON of South Carolina Arts Commission in 1999. In 2002, he cultivate a spirit of peace and obedi- asked and was given permission to ad- was presented with the prestigious ence to both You and Your govern- dress the House for 1 minute and to re- Governor’s Award for Excellence in the ment, and that You would cause us to vise and extend his remarks.) Mr. WILSON of South Carolina. Mr. Arts. The Craftsmen’s Guild of Mis- do justly and to love mercy and to Speaker, constituents living across sissippi awarded him with their Life- walk humbly in that love that is char- South Carolina’s Second Congressional time Achievement Award in 2009. On acteristic of Your Son, the author of District have communicated very sin- October 18 of this year, I had the privi- our blessed faith. cere concerns about the implementa- lege of speaking at the celebration of Grant us this prayer through Jesus tion of ObamaCare. the opening of the George Berry, Sr. Christ our Lord. Sarah from North Augusta writes: Gallery of the Craftsmen’s Guild of Amen. People should not be punished because Mississippi, joining hundreds of family f they grow old. One day, we will all be in and friends in honoring George. THE JOURNAL their shoes . . . It is preposterous that the In addition to these awards, George government will be the one to tell doctors Berry’s work has been on display at The SPEAKER. The Chair has exam- what to charge for their services and what several major festivals, including the ined the Journal of the last day’s pro- services can be provided. Mississippi Arts Festival, Festival USA ceedings and announces to the House Justin from Columbia writes: on the Strand, the Festival of Pennsyl- his approval thereof. The full implementation of ObamaCare vania Folklife Bicentennial, and the Pursuant to clause 1, rule I, the Jour- will be a disaster for America and the Amer- Mississippi pavilion at the world’s fair. nal stands approved. ican people. Not only is it a direct assault on

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6837 our freedom, but it also puts the government discrimination and persecution in An honor student at Smyrna High in the middle of our health care decisions; it areas of their lives that we often take School, Elizabeth is exceptionally well- increases costs, and it will inevitably lead to for granted. In an ethnic cleansing rounded. She is ranked in the top 10 a single-payer system. campaign, Stalin uprooted and reset- percent of her class as well as of her As the rollout of ObamaCare con- tled Ahiska Turks to central Asia from JROTC grade. In addition to her serv- tinues to fail, Congress must act to ad- their ancestral lands in Georgia in 1944. ice through JROTC, Elizabeth volun- dress this problem now before it is too Unable to return, they have since been teers to give back to the community. late and before every American family perennial refugees in Central Asia and Elizabeth is one of six Bronze Cross re- falls victim to this unworkable law Russia. cipients, competing against cadets which destroys jobs. This is the reality of Putin’s Russia: from more than 200 schools for this In conclusion, God bless our troops, in Russia, people are routinely and se- great honor. Last month, Elizabeth and we will never forget September the verely discriminated against, tortured, was presented with the award at the 11th in the global war on terrorism. even killed, and are economically and Rutherford County Board of Education f financially repressed. meeting. UKRAINE’S 80TH ANNIVERSARY OF When given the freedom to chase the Elizabeth hopes to attend Vanderbilt MAN-MADE FAMINE AND GENO- American Dream, these same Ahiska University to study medicine and to CIDE Turks have fulfilled their potential in one day join Doctors without Borders. I less than a decade. I will let my col- wish her the best of luck in her future (Mr. QUIGLEY asked and was given leagues make their own determinations endeavors, and I know she will con- permission to address the House for 1 about which nation is exceptional. tinue to make our Fourth District minute and to revise and extend his re- f proud. marks.) f Mr. QUIGLEY. Mr. Speaker, I rise THE AFFORDABLE CARE ACT—A today to commemorate the 80th anni- WINNER FOR SENIORS PRESERVE THE FOOD STAMP versary of Ukraine’s man-made famine (Mr. COURTNEY asked and was PROGRAM and genocide. given permission to address the House (Mr. KILDEE asked and was given The ‘‘Great Man-made Famine’’ was for 1 minute and to revise and extend permission to address the House for 1 executed under Joseph Stalin’s Com- his remarks.) minute.) munist rule in an effort to eradicate Mr. COURTNEY. Mr. Speaker, the Mr. KILDEE. Mr. Speaker, this week, Ukrainian culture, education, and so- government announced yesterday good unfortunately, food stamps will be cut cial institutions. Under Stalin’s re- news for seniors: their Medicare part B by $5 billion. We expected that. What is gime, the Ukrainian people were premiums for 2014 will go up zero dol- worse is that even deeper cuts could stripped of their land and grain and lars and zero cents. It will stay at $104 follow. were herded onto collective farms per month. This is now the third year Conferees start negotiating a farm where they were eventually left to in a row that CMS Medicare part B pre- bill this week, and billions of dollars in starve to death. What was once the miums have defied the trustees’ pre- cuts—in fact, $40 billion—have been ‘‘breadbasket of Europe’’ became home dictions and have come in lower than proposed by Republicans in the House, to a forced famine that ultimately projected. It also defies the relentless which is 10 times the number of cuts took the lives of over 6 million inno- campaign of misinformation that sen- passed in the bipartisan bill in the Sen- cent men, women, and children. iors have been subjected to that their ate. But Stalin’s attempt to squelch the Medicare part B premiums are going to Since I have been here in Congress, I spirit and history of the Ukrainian peo- go up. have talked to dozens of people in my ple failed. Just on Friday, I was at a senior fair district who have come up to me and This Friday, the Ukrainian National where a woman showed me a chain said, Thank you for fighting to pre- Museum in Chicago will remember email that read that Medicare part B serve the food stamp program. I have those whose lives were taken by this premiums for 2014 were going up to $247 never told anybody, they say, but I re- man-made genocide. The museum will a month—just a viral infection that ceived food stamps at one point in my also, justifiably, celebrate the strong has been out there and that I have been life, so thank you for fighting. and vibrant people in the nation of confronted with at senior centers over I am afraid that many Members of Ukraine that thrives today. and over again. The facts are that they Congress simply don’t know what it is f are going up zero. Medicare Advantage like to be poor in America. These are premiums have stabilized. Medicare real people—real human beings. The PUTIN OPPRESSION OF AHISKA part B premiums have stabilized. Pre- cuts that we contemplate here are not TURKS scription drug costs have gone down numbers on a piece of paper but are (Mr. KINZINGER of Illinois asked because of closing the doughnut hole. cuts that would literally take food out and was given permission to address In every respect, the Affordable Care of the mouths of people who are hun- the House for 1 minute and to revise Act since it passed in 2010 has been a gry. and extend his remarks.) winner for seniors, and it has helped This is wrong. It cannot stand. I urge Mr. KINZINGER of Illinois. Mr. strengthen the solvency of the pro- my colleagues to fight to preserve this Speaker, I was stunned to see Russian gram. Again, Medicare part B pre- important program. President Vladimir Putin disparage miums are going up zero for 2014. f American exceptionalism a few weeks f ago. Simply put, Mr. Putin’s human FALSE PROMISES rights record leaves much to be de- LEGION OF VALOR BRONZE CROSS (Mr. HARRIS asked and was given sired, including his treatment of RECIPIENT permission to address the House for 1 Ahiska Turks. A distinct minority, (Mr. DESJARLAIS asked and was minute and to revise and extend his re- they are severely persecuted by top given permission to address the House marks.) Russian authorities in Putin’s govern- for 1 minute and to revise and extend Mr. HARRIS. Mr. Speaker, another ment solely for their ethnicity and re- his remarks.) day goes by, and the ObamaCare train ligion. Mr. DESJARLAIS. Mr. Speaker, I rise wreck continues. During Mr. Putin’s first term, the today to commend an exceptional In 2009, President Obama promised, If State Department designated Ahiska young leader from Rutherford County you like your health care plan, you can Turks as a group of special humani- in Tennessee’s Fourth District. Eliza- keep it. It still promises that on the tarian concern. Since then, 12,000 beth Ethridge recently received the Le- White House Web site and on the Turks have resettled in America, in- gion of Valor Bronze Cross for leader- healthcare.gov Web site if and when cluding many in Illinois and in my dis- ship, a testament to her strong work you can get on that Web site. trict. However, 80,000 Ahiska Turks re- ethic and dedication to her Junior Mr. Speaker, when are these false main in Russia, and they routinely face ROTC battalion. promises going to end? What do I say

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6838 CONGRESSIONAL RECORD — HOUSE October 29, 2013 to Gail in Maryland who wrote me received cancelation letters than have Code less burdensome and changes to this? enrolled so far through all of the Af- our entitlement programs to ensure I have been informed by Blue Cross & Blue fordable Care Act exchanges. that they are working as they should Shield of Maryland that I cannot keep my The Affordable Care Act has proven for future generations. current coverage and will have to choose a to be anything but. It is time for the American families know that they new policy. . . . I have to change my cov- President and my Democratic col- cannot spend limitlessly and never pay erage and pay 53 percent more in premiums leagues to work with us to suspend this their bills. Our Federal Government for coverage that is not as good. My husband flawed law and to work to fix it. We should not be any different, and it is and I . . . will now have to pay at least $330 more per month for less coverage. have to find a better way to deliver the time to break our bad spending habits. reforms people really need because this f Gail and her family will lose the plan law isn’t working. they like and will have to pay almost f THE AFFORDABLE CARE ACT IS $4,000 more per year for a plan that de- WORKING livers less. b 1215 Mr. Speaker, American families de- (Ms. HAHN asked and was given per- serve better than false promises. SUPPORT OUR VETERANS mission to address the House for 1 minute.) f (Mr. HIGGINS asked and was given permission to address the House for 1 Ms. HAHN. Mr. Speaker, the Afford- BUILDING A BETTER BUDGET minute.) able Care Act is more than a Web site; (Mr. VEASEY asked and was given Mr. HIGGINS. Mr. Speaker, this it is affordable, quality health insur- permission to address the House for 1 week the House will consider a number ance made available to everyone. minute and to revise and extend his re- of bills to honor and support our vet- While my friends on the other side of marks.) erans. the aisle like to keep talking about bad Mr. VEASEY. Mr. Speaker, I want to These are good bills, but they are not stories, there are some good stories talk to you today about the impor- enough. A good and grateful Nation about the Affordable Care Act, and I tance of responsible budget-making in would also make sure a strong commit- have one of them. It is Sarah and Joe, our government. Budgets are moral ment is made to helping our veterans parents of two small children from Los documents that reflect our priorities as find work when they return home. Angeles, who have been working very a Nation. For the sake of our economy, Mr. Speaker, the current unemploy- hard every day to provide for their this Congress must turn back from the ment rate for post-9/11 veterans is 10 family while they were paying a high current brinksmanship and obstruc- percent; and among young veterans be- health care premium every month. tion, and must return to the practice of tween the ages of 18 and 24, it is 22 per- Just last month, they were paying negotiation and compromise. cent. This is unacceptable. We owe it $1,259 a month for COBRA. Last week, The proposed budget and across-the- to our veterans to support programs they got on the exchange, and they en- board spending cuts to domestic pro- like the not-for-profit Helmets to rolled in a Blue Cross Silver 70 plan grams are continuing to slam families, Hardhats, which partners with the De- and are now paying more than $400 less children, seniors, veterans, and persons partment of Defense, American busi- a month—less a month. Sarah shared with disabilities in the congressional nesses, and organized labor to help re- with us: district that I represent. Impacts to turning veterans prepare for work in We are a family of four with two young Texas include $9 billion in cuts to the construction trades. kids. Regular access to doctors is a must for SNAP benefits over 10 years, almost $32 We must also be sure that veterans us. billion in cuts to health care for Texas have the ability to get the educational This plan does that. seniors, and the loss of over 5,000 jobs benefits they have earned without The recent problems people have en- for our Texas educators. being constrained by deadline, as my countered on the Web site are unac- We should focus on improving our legislation, the Veterans Educational ceptable, and they are being fixed. education, on strengthening old infra- Flexibility Act, would do. Let’s not allow these temporary structure, on investing in advanced do- Along with the commitment to na- glitches to overshadow the life-chang- mestic manufacturing, and in paving tion-building right here at home, we ing benefits that the Affordable Care the way for the future. can create good American jobs that Act is bringing to millions of American Let’s show the American people that can’t be outsourced and give back to families like Sarah and Joe. compromise and negotiation are not a those who have served our Nation. f thing of the past and that Washington f can work together on their behalf. As BUREAUCRATS, NOT PATIENTS, elected leaders, we owe it to the Amer- DEBT AND SPENDING ARE THE FOCUS ican people to do the jobs we were sent (Mr. HOLDING asked and was given (Ms. FOXX asked and was given per- here to do. permission to address the House for 1 mission to address the House for 1 f minute and to revise and extend his re- minute.) marks.) Ms. FOXX. Mr. Speaker, people want IF YOU LIKE YOUR HEALTH PLAN, Mr. HOLDING. Mr. Speaker, just a to be able to trust their President. YOU CAN’T KEEP IT week after the debt ceiling was sus- When he said: If you like your plan, (Mr. MESSER asked and was given pended, the Federal Government added you can keep your plan, many Ameri- permission to address the House for 1 $375 billion in new debt. Without a cans believed him. But keeping the in- minute.) limit on spending until mid-February, surance you liked was never a real pos- Mr. MESSER. Mr. Speaker, ‘‘If you the Federal Government continues to sibility under ObamaCare. like your health plan, you will be able borrow more than it takes in and spend By design, the law requires every sin- to keep your health plan.’’ at an outrageous rate. gle new health plan and any existing That is what the President said in The fact is, Mr. Speaker, at a spend- plan that has been altered over the 2009, but now NBC News is reporting ing rate of $375 billion a week, U.S. past 3 years to satisfy the one-size-fits- that this administration knew for at debt would be over $22 trillion by the all requirements of Washington’s cen- least 3 years that that wasn’t true. next debt ceiling deadline. This is un- tral planners. That means millions of Now millions of hardworking Ameri- acceptable and unsustainable. Americans are losing their current cov- cans in the individual market will not Mr. Speaker, the reason we have erage, even though many liked their be able to keep their plans even if they found ourselves in a fiscal rut is be- plans—plans that were tailored to work like them. People across the Nation are cause of outrageous, frivolous govern- for them—that meet their specific experiencing sticker shock as they re- ment spending. We have to come to the needs and fit into their family budgets. ceive cancelation letters from their in- table and do more to cut spending in Unsurprisingly, though, when pla- surers and see their monthly premiums the next debt deal. This includes com- cating bureaucrats is the rule, patients rise up to 400 percent. More people have prehensive tax reform to make our Tax certainly can’t be the focus.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6839 The President did say: If you like UNIVERSITY OF NEVADA, LAS OBAMACARE your plan, you can keep your plan, but VEGAS (Mr. ROHRABACHER asked and was he simultaneously championed a law (Ms. TITUS asked and was given per- given permission to address the House that replaced custom care with cookie- mission to address the House for 1 for 1 minute and to revise and extend cutter care. minute.) his remarks.) Millions are being booted from their Ms. TITUS. Mr. Speaker, the annual Mr. ROHRABACHER. Mr. Speaker, I health plans as a result. Battle for Nevada between the Univer- hope that the American people have f sity of Nevada, Las Vegas, and the Uni- fully understood what has been going SUPERSTORM SANDY 1-YEAR versity of Nevada, Reno, is not just a on here for the last 6 weeks. The Republicans offered what? The ANNIVERSARY football game played once a year; it is Republicans offered to delay (Mrs. CAROLYN B. MALONEY of a time-honored tradition that reflects the best of Nevada’s sports rivalries. ObamaCare as a compromise position New York asked and was given permis- in order to have the continuing resolu- The victor not only wins bragging sion to address the House for 1 minute.) tion to keep our government going. rights for a year, but also the coveted Mrs. CAROLYN B. MALONEY of New That compromise was rejected. We Fremont Cannon, which is painted in York. Mr. Speaker, 1 year ago today, were called all kinds of names, and the winning school’s colors. New York City and the entire eastern then we were told we were the ones seaboard were ravaged by Superstorm For 8 long years, Reno has claimed that closed down government. Sandy. Entire communities were shat- these spoils. But this past Saturday, Take a look at what has happened. tered, families were torn apart, and after a great game between Nevada’s ObamaCare, this disaster that is taking lives were lost. two outstanding universities, UNLV place, the glitches, all of the problems, In New York City, the water level celebrated its first victory against the we know now ObamaCare wasn’t even was so high it was covering cars. The Wolf Pack since 2004 and the long-an- ready. The President and the country Nation’s largest and busiest mass tran- ticipated return of Fremont Cannon to needed the extra time in order to per- sit system closed down for the first Las Vegas. fect ObamaCare, but he would rather time in a century; 81⁄2 million people Congratulations to UNLV’s coach, have closed it down—our government— lost their power and some still do not Bobby Hauck, and all the Rebels for rather than reach a compromise with have it returned; and 125 Americans their 27–22 victory against UNR. You the House of Representatives. lost their lives. have made southern Nevada proud. That is what this is all about. We had The gratitude I feel for all those who As part of a friendly wager placed on arrogance on the part of our Chief Ex- helped their friends and neighbors is the game and in honor of Make a Dif- ecutive unwilling to negotiate with the hard to express. There were a great ference Day, my colleague, MARK House. What was the House offering? number of heroes and heroines, and we AMODEI from Nevada’s Second District, Time to delay ObamaCare so it could sorely needed them. and I will be performing a community work. On the Federal level, with the sup- service project wearing Rebels red. Now the American people have not port of this body, FEMA has approved Go Rebels. only suffered a closure, but now are suffering from an ObamaCare that is over $3.2 billion in funding for emer- f gency work and over $1.4 billion in as- not ready to be launched. sistance to over 182,000 survivors. The SUPERSTORM SANDY 1-YEAR The SPEAKER pro tempore. The Small Business Administration has ap- ANNIVERSARY Chair will remind Members to refrain proved $2.4 billion in low-interest from engaging in personalities toward (Ms. HANABUSA asked and was the President. loans. The National Flood Insurance given permission to address the House Program has provided more than $7.9 for 1 minute.) f billion to policyholders. Ms. HANABUSA. Mr. Speaker, as a CONGRATULATING ASTRONAUT I would like to thank all of my col- Member of the House Sustainable En- RICK MASTRACCHIO leagues and all those who stepped up to ergy and Environment Coalition, I rise (Ms. ESTY asked and was given per- help during these difficult times. New today to recognize the 1-year anniver- mission to address the House for 1 York and others are deeply grateful. sary of Superstorm Sandy and remem- minute.) f ber those who tragically lost their Ms. ESTY. Mr. Speaker, I rise today OBAMACARE ROLLOUT III lives, as well as those continuing to re- to offer my congratulations and support to Astronaut Rick Mastracchio of (Mr. WALBERG asked and was given build from that destruction. NASA’s best and brightest and a proud permission to address the House for 1 In the year since Superstorm Sandy ravaged the east coast, communities son of Waterbury, Connecticut. minute.) Astronaut Mastracchio and two col- Mr. WALBERG. Mr. Speaker, over across the Nation have suffered leagues will launch on a mission to the and over and over again, the President through new extreme droughts, storms, International Space Station on Novem- told the American people: If you like wildfires, and flooding. My home State of Hawaii is incred- ber 6, bringing along a package of your health plan, you can keep it. trackable geocaching tags from Water- If that were true, why then is Kaiser ibly vulnerable to the effects of climate change. As you can imagine, a bury Elementary students. Health News reporting that ‘‘health He will spend 6 months on the ISS, plans are sending hundreds of thou- sea level rise is a real threat and concern for us. Earlier this year, Honolulu conduct several hundred experiments, sands of cancelation letters to people and return to Earth in May. who buy their own coverage’’? The Kai- joined more than 70 other U.S. communities asking for the President to cut Astronaut Mastracchio attended ser report goes on to say that some Crosby High School and received his consumers are now being forced to greenhouse gas emissions that are driving climate change and increasing Ha- bachelor of science degree in electrical ‘‘buy more costly policies.’’ engineering and computer science from waii’s risk of extreme weather events If folks turn to the government for the University of Connecticut. and sea level rise. help—if they go to healthcare.gov— He is a veteran of three space flights, they will be met with so many bugs When I was in the Hawaii Legisla- having logged nearly 40 days in space. and glitches as to make signing up al- ture, I am proud to say that we passed He continues to be an inspiration for most impossible. a bill, and were one of the first States, students back home in Connecticut and Mr. Speaker, this is simply not fair. to address the greenhouse gas emis- around the world. Nor is it fair that the President wants sions. We wish him the best of luck and a to find people who can’t sign up using As we reflect on this somber anniver- safe journey. sary, I remain committed to ensuring his own faulty Web site. f House Republicans want to promote the people of Hawaii have the resources fair solutions that create more jobs for to prepare, respond, and recover from OBAMACARE ROLLOUT I all Americans. That is how we are devastation. We must all remember it (Mr. CONAWAY asked and was given going to get our economy growing. is climate change. permission to address the House for 1

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6840 CONGRESSIONAL RECORD — HOUSE October 29, 2013 minute and to revise and extend his re- OBAMACARE ROLLOUT cause of the real impacts of climate marks.) (Mr. SESSIONS asked and was given change. Mr. CONAWAY. Mr. Speaker, just permission to address the House for 1 f how unworkable is the Affordable Care minute.) LET THE AFFORDABLE CARE ACT Act, or the ‘‘Unaffordable Care Act,’’ as Mr. SESSIONS. Mr. Speaker, more WORK FOR FAMILIES I am often corrected back home in Dis- and more news continues to come to (Ms. DELAURO asked and was given trict 11? light about the poor workmanship that permission to address the House for 1 Let’s take a look at some recent went into the Obama administration’s minute and to revise and extend her re- headlines about the launch of the new Web site for ObamaCare. It is a prob- marks.) Web site: lem and it is a mistake, and Americans Ms. DELAURO. Mr. Speaker, I want The Orlando Sentinel called it a ‘‘hit- are dealing with it all across America. to share a letter I received from a con- or-miss proposition.’’ The Associated Press reports that folks stituent of mine named Mary Ann from CNN said: in the administration ‘‘saw red flags Milford, Connecticut. She is suffering Americans are still having a tough time. for months,’’ and The Washington Post from cancer, and she wrote to me dur- Wow, what an understatement. said that bureaucrats insisted on plow- ing the recent Republican government Yes, we all know about how the ing ahead despite this known failure shutdown. She wrote: ObamaCare Web site—built with tax- that would lie ahead. payer dollars—is riddled with glitches. So, Mr. Speaker, we would ask a I’m attaching a picture I snapped of the statement I received from my insurance But is a bad Web site the only prob- question: Why are the American people company regarding my chemotherapy treat- lem Americans face? Not by a long going to be required to be in a health ment of the month of July, which was one shot. care system other than the one that treatment. How about those premiums that are they chose? And the answer is because Over $110,000. shooting up all over America for af- President Obama and Democrats I’m grateful I have insurance right now, fordable health care? passed a law years ago that is some- but it’s COBRA. It is expensive, and it runs Last month’s mediocre jobs reports thing that the American people do not out in 18 months. If the Affordable Care Act show our economy is still struggling, want and were misled into. Premiums is not in place in 18 months, I will never be and higher insurance costs will not are skyrocketing, and some insurers able to get insurance or treatment. help hardworking Americans solve are kicking people off their plan that This is real for me. It is life or death for those problems. they were on entirely. me, and I am grateful that President Obama This is not what we were promised, Mr. Speaker, Republicans have a plan is not willing to negotiate with my life as this Nation is held hostage by political ter- but it is exactly what we are getting for the future, and it allows people to rorists. under the Unaffordable Care Act. have their own doctor, their own insur- Mr. Speaker, I receive calls and let- ance company, and to make their own ters like this every single week. The f decisions. Affordable Care Act is already making f b 1230 a profound difference for individuals CLIMATE CHANGE and their families. Those on the other CONGRATULATING LINDENWOOD side of the aisle who talk about it is (Mr. PERLMUTTER asked and was not necessary, they have health insur- UNIVERSITY-BELLEVILLE ON given permission to address the House 10TH ANNIVERSARY ance. They have it. for 1 minute.) Why is it that this body goes on to (Mr. ENYART asked and was given Mr. PERLMUTTER. Mr. Speaker, as say ‘‘no’’ to health insurance for mil- permission to address the House for 1 a member of the House Sustainable En- lions of Americans who are out there? minute.) ergy and Environmental Coalition, I This body needs to stop partisan polit- Mr. ENYART. Mr. Speaker, I rise in rise today to recognize the 1-year anni- ical games and let the Affordable Care support of the 10th anniversary of versary of Superstorm Sandy and re- Act work for families. It is a matter of Lindenwood University’s campus in member those who tragically lost their life or death. Belleville, Illinois. lives as well as those continuing to re- f On November 3, 2003, Lindenwood ac- build from the destruction. quired the 22-acre site at the old Belle- My constituents in Colorado under- CLIMATE CHANGE ville West High School. Fifty-two stu- stand the pain that comes with ex- (Mrs. DAVIS of California asked and dents enrolled in evening classes that treme weather events, having recently was given permission to address the semester. In the decade since, suffered from devastating and historic House for 1 minute.) Lindenwood University-Belleville has flooding and fires. The flooding killed Mrs. DAVIS of California. Mr. Speak- grown into a strong and vibrant insti- nine people, damaged or destroyed al- er, as a member of the House Sustain- tution that contributes much to the most 18,000 homes and businesses able Energy and Environment Coali- richness of Belleville and to the higher across the State, damage to our roads tion, I rise today to recognize the 1- education choices of southern Illinois. and bridges is estimated to be $450 mil- year anniversary of Superstorm Sandy Today, Lindenwood has over 1,000 full- lion, and our cities and counties saw and to remember those who tragically time students enrolled in a wide range over $170 million in infrastructure lost their lives, their homes, and so of academic programs, with hundreds damage. much of the communities that they more in graduate, continuing edu- Yet floods were not the only severe knew. cation, and specialized programs. weather events in Colorado this year. The storm’s crippling impacts still This past spring, I had the high honor Numerous wildfires and droughts dam- persist up and down the east coast. of addressing graduates at aged and destroyed property and crops While we cannot blame climate change Lindenwood’s first commencement ex- and took lives. for any one event, all of these natural ercises. I quoted Lindenwood Univer- I applaud the President for putting disasters taken together are undeni- sity’s mission statement to provide forth his climate action plan in an ef- able evidence of a looming man-made programs ‘‘leading to the development fort to implement meaningful policies disaster. of the whole person—an educated, re- that are slowing the effects of climate My constituents in California are sponsible citizen of a global commu- change. Congress should take further also struggling to deal with climate nity.’’ action to minimize the impacts of change. In my State, 12 of the 20 most In its first decade, Lindenwood has these natural disasters and to better damaging wildfires occurred in the last done just that. I congratulate understand our weather patterns. 10 years, and crops have been deci- Lindenwood University-Belleville on We will and we must work together mated due to rising temperatures and its 10th anniversary and wish the en- to rebuild stronger and smarter to bet- water scarcity. tire campus community much contin- ter prepare for future natural disasters We need to ask ourselves: What have ued success. that are becoming all too common be- we learned from Sandy? What have we

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6841 learned from other disasters, and what (2) shall be in order only on the legislative nonbank entities. Such a change to can we do to prevent the next one? day of Tuesday, October 29, 2013, or the legis- current business models would create This problem has no party. There is lative day of Wednesday, October 30, 2013; unnecessary instability in domestic no more personal or more compelling and markets and potentially restrict access issue. Climate change is a human prob- (b) a joint resolution under such section shall be debatable for one hour equally di- to these important financial instru- lem, with the direst of consequences. It vided and controlled by the proponent and an ments. Federal Reserve Chairman Ben is time to put aside our partisan dif- opponent. Bernanke has said that such a move ferences and start working together to SEC. 4. On any legislative day during the would ‘‘weaken both financial stability address these issues. period from October 31, 2013, through Novem- and strong prudential regulation.’’ f ber 11, 2013— H.R. 992 would allow banks and their (a) the Journal of the proceedings of the customers to keep the majority of PROVIDING FOR CONSIDERATION previous day shall be considered as approved; OF H.R. 992, SWAPS REGULATORY (b) the Chair may at any time declare the swaps transactions in-house and pre- IMPROVEMENT ACT, AND PRO- House adjourned to meet at a date and time, vent needless financial instability. Ad- VIDING FOR CONSIDERATION OF within the limits of clause 4, section 5, arti- ditionally, it is important to note that, H.R. 2374, RETAIL INVESTOR PRO- cle I of the Constitution, to be announced by despite what my colleagues on the TECTION ACT the Chair in declaring the adjournment. other side of the aisle may say, this SEC. 5. The Speaker may appoint Members legislation only permits traditional Mr. SESSIONS. Mr. Speaker, by di- to perform the duties of the Chair for the du- swaps to continue under the current rection of the Committee on Rules, I ration of the period addressed by section 4 of operating structure. All structured call up House Resolution 391 and ask this resolution as though under clause 8(a) of rule I. swaps, such as an asset-backed security for its immediate consideration. and other riskier investment vehicles, The Clerk read the resolution, as fol- The SPEAKER pro tempore. The gen- will be required to be housed in lows: tleman from Texas is recognized for 1 nonbank entities. I believe this legisla- H. RES. 391 hour. tion represents commonsense ideas Resolved, That upon the adoption of this Mr. SESSIONS. Mr. Speaker, for the that allow for greater financial flexi- resolution it shall be in order to consider in purpose of debate only, I yield the cus- bility for consumers while ensuring the House the bill (H.R. 992) to amend provi- tomary 30 minutes to my friend, the that investors are not subject to un- sions in section 716 of the Dodd-Frank Wall gentleman from Boulder, Colorado (Mr. Street Reform and Consumer Protection Act necessary risk. POLIS), pending which I yield myself relating to Federal assistance for swaps enti- such time as I may consume. During ties. All points of order against consider- b 1245 ation of the bill are waived. The bill shall be consideration of this resolution, all considered as read. All points of order time yielded is for the purpose of de- The second bill, H.R. 2374, the Retail against provisions in the bill are waived. The bate only. Investor Protection Act, aims to pre- previous question shall be considered as or- GENERAL LEAVE vent potentially conflicting and costly dered on the bill to final passage without in- Mr. SESSIONS. Mr. Speaker, I ask definitions of fiduciary standards from tervening motion except: (1) one hour of de- being applied to broker-dealers and bate equally divided among and controlled unanimous consent that all Members by the chair and ranking minority member may have 5 legislative days to revise other financial service professionals. of the Committee on Agriculture and the and extend their remarks. Currently, the Department of Labor is chair and ranking minority member of the The SPEAKER pro tempore. Is there in the final stages of drafting a new Committee on Financial Services; (2) one objection to the request of the gen- definition of fiduciary standards for motion to recommit. tleman from Texas? broker-dealers under the Employee Re- SEC. 2. Upon adoption of this resolution it There was no objection. tirement Income Security Act known shall be in order to consider in the House the Mr. SESSIONS. Mr. Speaker, H. Res. as ERISA. This new requirement would bill (H.R. 2374) to amend the Securities Ex- change Act of 1934 to provide protections for 391 provides a structured rule for con- dramatically change a longstanding retail customers, and for other purposes. All sideration of H.R. 2374 and a closed rule business model and potentially dimin- points of order against consideration of the for consideration of H.R. 992. However, ish the ability of everyday Americans bill are waived. In lieu of the amendment in I think it is important to note that to access quality investment advice, the nature of a substitute recommended by H.R. 992 is a closed rule by default be- meaning, the broker that they choose. the Committee on Financial Services now cause the Rules Committee did not re- At the same time, the Securities and printed in the bill, an amendment in the na- ceive any amendments despite Mem- Exchange Commission, known as the ture of a substitute consisting of the text of bers having ample time to submit SEC, is considering adopting its own Rules Committee Print 113-23 shall be considered as adopted. The bill, as amended, them. So we made sure that, in the in- uniform fiduciary standard for broker- shall be considered as read. All points of terest of time, we are going to move dealers pursuant to the Frank-Dodd order against provisions in the bill, as forward on this important legislation. Act. H.R. 2374 would prevent the De- amended, are waived. The previous question Mr. Speaker, today’s bills are tech- partment of Labor from issuing any shall be considered as ordered on the bill, as nical in nature, but each carries very new fiduciary standards before the SEC amended, and on any further amendment important policy implications designed finalizes its new rule. In other words, thereto, to final passage without intervening to strengthen our Nation’s financial we would like for them to work to- motion except: (1) one hour of debate equally services industry while simultaneously gether. This delay would prevent the divided and controlled by the chair and ranking minority member of the Committee on protecting consumers and providing two agencies from promulgating dif- Financial Services; (2) the further amend- more certainty for our economy. ferent and conflicting definitions that ment printed in the report of the Committee First, H.R. 992, the Swaps Regulatory could prove difficult, if not impossible, on Rules accompanying this resolution, if of- Improvement Act, amends section 716 for many financial service profes- fered by Representative George Miller of of the Dodd-Frank Act to provide sionals to adhere to. Such a change in California or his designee, which shall be in banks and their customers the flexi- current business practices is a solution order without intervention of any point of bility to effectively manage risk bet- in search of a problem. Current suit- order, shall be considered as read, shall be ter. ability standards applied to broker- separately debatable for 20 minutes equally divided and controlled by the proponent and Today, many banks and bank cus- dealers did not play a role in the finan- an opponent, and shall not be subject to a de- tomers, such as utility companies and cial crisis of 2008, and Congress should mand for division of the question; and (3) one agricultural co-ops, use swaps as an ef- not force American families to have to motion to recommit with or without instruc- fective means to manage their busi- pay more not only for legal definitions tions. nesses and to operate their cash flows they do not need, but against their own SEC. 3. Notwithstanding section 1002 of the in a safe and practical manner. Unfor- common sense. Continuing Appropriations Act, 2014— tunately, section 716 of the Dodd-Frank Today, millions of Americans who (a) a motion to proceed under such section— Act would require banks and their cus- save for retirement take advantage of (1) may be offered even if the committee to tomers to shift these practices out of many affordable investment options which a joint resolution has been referred the traditional bank model and place that broker-dealers provide. Changing has not reported or been discharged; and them in newly created, capitalized, fiduciary standards for broker-dealers

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6842 CONGRESSIONAL RECORD — HOUSE October 29, 2013 would increase costs and decrease ac- make our financial system more sus- ican people expect and demand a min- cess to important investment tools, es- ceptible to systemic risk and reduce imum 40-hour workweek from the peo- pecially for low- and middle-income our international competitiveness, ac- ple that they hire to represent them families. I believe that H.R. 2374, as cording to former Chairman Bernanke. here in Washington, and I think most brought to the Rules Committee by the I am confident that this bill will pass people in this country have more than chairman of the Financial Services with a strong bipartisan coalition and 19 days that they have to work in No- Committee, the Honorable JEB HEN- does represent important work that vember and December. That is 2 full SARLING from Dallas, Texas, provides this body will do. months, November and December. Yet, the certainty and flexibility that The underlying bill, H.R. 992, also en- we only have 19 days over that 2-month Americans need for retirement and to sures that federally backed financial period that this body will be in session. plan for their future and for their own institutions can continue to conduct Yet, there are critical issues that the children’s education while promoting a risk-mitigation efforts that serve com- American people are demanding that safe and equitable marketplace. mercial and hedging needs of their cus- we act on. As an example, today is the I urge my colleagues to vote ‘‘yes’’ tomers, while still prohibiting dan- 302nd day of 2013 that we have failed to on the rule and ‘‘yes’’ on the under- gerous swaps that contributed to our bring to the floor a comprehensive im- lying legislation. economic collapse. I am pleased to join migration reform bill. Time is running I reserve the balance of my time. my colleagues from across the aisle in short, and the need for a comprehen- Mr. POLIS. Mr. Speaker, I thank the making this important fix, rather than sive immigration overhaul is growing gentleman from Texas for yielding me repealing the law entirely. every day. Even the United States Sen- the customary 30 minutes, and I yield I wish, Mr. Speaker, that the ap- ate, hardly an institution that is prized myself such time as I may consume. proach to ObamaCare and the Afford- for the speed with which it moves, has Mr. Speaker, I rise in opposition to able Care Act was more analogous to passed comprehensive immigration re- the rule, which is a closed rule for H.R. this approach that we are having with form with more than a two-thirds ma- 992, the Swaps Regulatory Improve- Dodd-Frank. I think many of us who jority. ment Act. It only makes in order one supported Dodd-Frank agree there are Now, I am proud to be a part of a coa- amendment for H.R. 2374, the Retail In- a number of changes that need to be lition of House Members, a bipartisan vestor Protection Act, and it would made. coalition, that has introduced a bill allow for this political game that we As far as I know, in the history of very similar to the Senate bill that has like to play which is called the ‘‘vote this institution, there has never been a replaced some of the border security on the disapproval of raising the debt perfect piece of legislation passed. It is language with House border security ceiling,’’ which I will talk about a lit- regularly routine to have cleanup bills language, H.R. 15, the Border Security, tle bit more later. that improve and build upon what has Economic Opportunity, and Immigra- What I truly object to here is the been done. I wish that we could get tion Modernization Act. This bill would way that this body, this House, is only there with the Affordable Care Act. I create jobs, reduce our budget deficit, meeting for one full day this week. We am a cosponsor of a number of bills include a pathway to citizenship, unite came in yesterday evening around 6:30 that I think would improve the Afford- families. It would help reflect our val- p.m. We are meeting today and, it is able Care Act. I know that my col- ues as Americans in our immigration my understanding, for about half the leagues from across the aisle are as laws, grow the economy, create jobs for day tomorrow. Most people in this well. Americans here at home, and finally country, Mr. Speaker, work a solid 40- I think it is time to get past this dis- get real about enforcing our immigra- hour workweek. I don’t know why cussion of trying to repeal ObamaCare tion laws. Members of Congress in this House, the and instead get to a discussion of: How Do you realize, Mr. Speaker, there expectations would somehow be they do we make it work for our country? are over 10 million people in this coun- work 10, 12, 15 hours a week, call it a How do we make health care work for try illegally? When are we going to get week, and go home, when there are our country? How do we make health serious about enforcing our laws and many important things that we could care affordable for our country and not making a mockery of them? This be doing. build upon the successes of the Afford- Nation is a Nation based on the rule of Don’t get me wrong, Mr. Speaker. able Care Act and address the short- law. H.R. 15 reflects that commitment, What we are talking about today—and comings of the Affordable Care Act? as does the Senate immigration bill. It I agree with some of the bills under This rule also makes in order H.R. is time that we fix our broken immi- this rule and I disagree with others—is 2374, the Retail Investor Protection gration system rather than go home on an honest day’s work. We are dis- Act, which addresses pending a Wednesday and meet for 19 days in a cussing and debating important bills. rulemakings at both the Department of 63-day period. Would that we were having these kinds Labor and the Securities and Exchange This is a bipartisan bill, H.R. 15. We of discussions for 5 days a week rather Commission regarding the new fidu- have been joined by several Repub- than 1 day a week, Mr. Speaker. ciary standards of care. Again, while licans—Representative DENHAM, Rep- While I disagree with this approach the merits of this legislation are up for resentative ROS-LEHTINEN. We encour- to getting very little work done that is debate, under this rule the House ma- age my colleagues, and I certainly in- important to the people of this coun- jority only allowed consideration of vite my friend and colleague from try, this bill does make in order H.R. one amendment for the two underlying Texas, to join us as cosponsors of this 992, which I support. I think this bill is bills. Instead, it is sending us home bill that will allow us to create en- common sense. It modifies a revision of early with half a day of work tomor- forcement, a pathway to citizenship, the Dodd-Frank bill, which many, in- row, Wednesday, rather than staying grow jobs, and finally resolve our bro- cluding many of the bill’s authors, like through the week and allowing further ken immigration system. former Representative Barney Frank discussion of additional amendments Mr. Speaker, perhaps I am being and Federal Reserve Chairman Ben and other important topics, like re- paranoid, but it appears to me that Bernanke, regard as problematic. It placing our broken immigration sys- perhaps leadership—Mr. Speaker, lead- corrects that. tem with one that works for our coun- ership, as you know, controls what we Many economists and regulators try. vote on here on the floor of the House. have noted that, without this legisla- More disappointingly, the light work- Leadership, of course, being my col- tion, it is quite likely that certain load this week of a day and a half is league, Mr. CANTOR from Virginia, and swaps activity could be pushed out emblematic of how the next 2 months my colleague, Mr. BOEHNER from Ohio. from the heavily regulated bank insti- are calendared for this House of Rep- Perhaps, Mr. Speaker, they fear that tutions, having the opposite effect of resentatives. There are only 19 days this bill would pass if it was brought to what many of us wanted to accomplish left of work for this House before the the floor. Yes, Mr. Speaker, this bill with the Dodd-Frank bill and increas- end of the year. The House is only in would pass if it was brought to the ing costs to financial institutions. In session for 21⁄2 days before we recess in floor of the House. Twenty-nine Repub- fact, if we don’t pass this bill, it could a week. Again, I think that the Amer- licans have already publicly expressed

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6843 support for a pathway to citizenship. and don’t speak the language of. We here illegally who have committed Many more Republicans, Mr. Speaker, would be denying them the ability to crimes, not just the civil violation of have privately expressed support for a be legally in the only country they being here illegally, we join with our pathway to citizenship. It should hard- know, to make our country stronger. Republican colleagues in seeking de- ly take courage to do so. Over 70 per- That is action. The majority party portation and punishment. cent of the American people have ex- took action on an amendment. They Whether somebody is here legally or pressed support for a pathway to citi- passed the amendment to undo the de- illegally, whether they have paperwork zenship. ferred action program, but I refuse to or not, if they ever commit a crime Regrettably, the only action that believe that that is the action that that harms our community, we have no this House has taken on immigration Speaker BOEHNER had in mind when he sympathy for them, and we seek their has been one vote, which voted to undo said he wants to move forward and fix full punishment under the law. the deferred action program for child- our broken immigration system. Re- But how can you enforce or punish hood arrivals. It voted to deport gardless of what we do with the people when you create a whole new DREAMers. Yes, the House of Rep- DREAMers, that is only a small part of class of criminals? resentatives actually voted to do that. our broken immigration system. We can barely punish the criminals Fortunately, it didn’t happen. The we have. We already incarcerate more b 1300 Democrats control the Senate and people, as a percentage of our popu- stopped it. The President likely would There are many adults that are lation, than any other Western indus- have vetoed it. It is his program that working illegally in this country be- trialized nation. Clearly, incarcerating he started in the absence of this body cause we refuse to enforce or fix our and deporting more not only is not the acting. By the way, in the absence of immigration laws; and that will con- answer, but would be a tremendous the House of Representatives taking on tinue unless this House of Representa- burden to the American taxpayer. immigration reform, I hope the Presi- tives chooses to change that. Each deportation, Mr. Speaker, costs dent expands deferred action. What The American people, Mr. Speaker, over $10,000 of your money. Over other tools does he have at his disposal are fed up. That is why enormous ma- $10,000. Is that the solution? to address our immigration system if jorities of Democrats and Republicans, Or should we make sure that people this body, the law-making body, re- of Independents, of men, of women, of who are working here pay taxes? fuses to actually solve the immigration every single breakdown that you have Would you rather pay, Mr. Speaker, issue? If this body refuses to solve the of the American people want to see the $10,000, or would you rather accept immigration issue, the number of peo- House of Representatives fix our bro- their checks to make sure that they ple here illegally will only increase, ken immigration system, would like to are paying their fair share to reduce and this body, the House of Represent- see us pass the bill, H.R. 15, here in the our budget deficit and reduce the tax atives, and the majority, the Repub- House of Representatives, a bipartisan burden on everybody else, to the tune lican Party, who won’t allow us to vote bill ready for the floor today and ready of over $200 billion, which is how much, on H.R. 15, will be responsible for more to be passed into law. according to the scoring of the Senate illegal immigration and having more The House majority needs to move a bill, comprehensive immigration re- people here illegally if we do not act bill to the floor that includes an earned form will reduce our deficit? now. pathway to citizenship, border secu- And we will be happy to work with Mr. Speaker, just this week, nearly rity, enforcement of our laws, meets the Republican majority to use that 600 conservative supporters of immi- the needs of the businesses, the tech- $200 billion to reduce the individual tax gration reform will storm Capitol Hill nology sector, the agriculture sector, rate. It is an issue that I have talked from the faith community, the busi- other important sectors that rely on an about with my colleague from Texas ness community, the law enforcement immigrant workforce. (Mr. SESSIONS). We would love to bring community. An unprecedented coali- And, yes, we can count the votes, Mr. down those marginal rates. Instead of tion will be meeting with Republican Speaker. We can help Majority Whip 39.6 percent, let’s get them down to 38, members, and is meeting with Repub- MCCARTHY with his job. The votes for a 35, I think, you know, however low we lican members, demanding that they pathway to citizenship, I am proud to can get them and bring down rates for take action. We are talking about report back to my colleague from everybody else as well. Partnership for a New American Econ- Texas, who I know is a member of Re- Mr. SESSIONS. Will the gentleman omy; the Bibles, Badges, and Business publican leadership, and my good col- yield? coalition for immigration reform; league, Mr. SESSIONS, we can report Mr. POLIS. I will address the ques- FWD.us; strong support from the tech- back, and you can report back to Ma- tion to my good colleague and friend nology and business community; and jority Whip MCCARTHY that at least 29 from Texas. We might be able to use the U.S. Chamber of Commerce, Mr. House Republicans have publicly en- the $200 billion in immigration reform Speaker. dorsed the pathway to citizenship as a to bring down the individual or cor- Regrettably, the only immigration component of immigration reform, the porate tax rate. I will be happy to pose amendment that has passed this House principles that are included in H.R. 15 that question to my good friend. has been to deport DREAMers. Again, in the Senate bill, and many more Re- I yield to the gentleman from Texas. thankfully, it didn’t happen. The Sen- publicans have privately committed Mr. SESSIONS. I will answer the ate and President were able to stop it. their support. question quickly. We believe there That is the only idea so far that has Yet we are hearing more and more should be no more than a 25 percent been proposed and, sadly, tragically, about counterproductive measures that tax on any American for paying their accepted by this body for dealing with might be brought to the House. For in- taxes. DREAMers. We are talking about stance, I have heard that there might Mr. POLIS. Reclaiming my time, and young people who grew up in this coun- be an effort to introduce the so-called in that mix of the pay-fors might be try, have been through American SAFE Act in an immigration package, immigration reform. That won’t get us schools, football teams, cheerleaders, which would, essentially, turn undocu- fully there. That is $200 billion, and I prom, got good grades, played by every mented immigrants into criminals would have to see the scoring on get- rule they knew. They were brought overnight, creating an enforcement ting it down to 25; but that is a pay-for here when they were 2 years old, 5 challenge. that I think would have support from years old. Frequently, they don’t even If we can’t enforce our current laws, my side of the aisle. There are other speak another language. They want to can you imagine trying to enforce a set pay-fors that would as well. get back to our country if only we will of laws where there are 10 million or 15 Now, we are not willing to do this if let them. Yet, this House voted to million criminals in our country? it is going to increase the deficit, as we eliminate the program that allows Now, it is important also to distin- have talked about. If we just bring them to work in this country. It in- guish, Mr. Speaker, when we look at down tax rates for the people and that stead would deport them back to a our immigrant detention centers, and goes to the deficit, I think there would country they don’t know anybody in we are talking about people who are be problems on both sides of the aisle.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6844 CONGRESSIONAL RECORD — HOUSE October 29, 2013 But if we can offset it with spending It is time, Mr. Speaker. Frankly, it is would know who they are and we would cuts, if we can offset it with immigra- past time. H.R. 15 improves border se- transform them from a great member tion reform, if we can offset it by get- curity, interior enforcement, resolves of another country to a proud Amer- ting rid of loopholes for the oil and gas the issue of the 11 million people who ican. industry, I think we have a good, bipar- are here illegally, improves our legal What we want to make sure is that tisan way to discuss bringing down tax immigration system. we measure twice and saw once, and rates for all Americans going forward. The bill makes sure that the Depart- that is really what the Republican Immigration needs to reflect our val- ment of Homeland Security develops a Party is trying to do. ues as Americans. It needs to bring comprehensive plan to protect our Mr. POLIS. Will the gentleman people out of the shadows, enforce our southern border, a plan that has passed yield? laws, be good for American business, be unanimously by the House Homeland Mr. SESSIONS. I will not. The gen- good for labor, create jobs, and help Security Committee, Democrats and tleman had 18 minutes to get his mes- make America more competitive. Republicans joining together to actu- sage out, and I am going to take my Let me talk briefly, Mr. Speaker, ally get serious about our border secu- few minutes to get this out. about the overwhelming public support rity. And with great respect to the gen- for immigration reform. Take my The American people are calling out tleman from Colorado, I do recognize home State of Colorado as an example. for this body to take the moral high not only his heart, but his brain is en- More than three-quarters of Coloradans road, the economically beneficial path, gaged in trying to make sure that we support comprehensive immigration for Democrats and Republicans to work work together; that we do it on a bipar- reform with a pathway to citizenship together to bring a comprehensive im- tisan basis; that we see the future of for the people already here. migration reform bill to the House be- hardworking people who are in this country; but that we also recognize In California, there have been a num- fore the end of the year. ber of polls. In the 21st District, rep- So I can’t support this rule today, that there must be a chance to protect resented by my friend and colleague, Mr. Speaker. I can’t support a rule that this country and not give constitu- Representative VALADAO, 77 percent of sends us home on Wednesday of a work- tional rights and the hard work in this country away, as the Senate bill does, voters support the Senate immigration week. I can’t support a rule that only gives it away, rather than having an bill, H.R. 15, comprehensive immigra- gives us 19 more legislative days before earned citizenship to where people then tion reform. the end of the year. In the 22nd District in California, Mr. Speaker, I would love to be able have a chance to make our country represented by my friend and col- stronger. to support a rule here on the floor of league, Mr. NUNES, over 74 percent sup- It is a big debate, and the gentleman the House. And if my colleague from port H.R. 15-style legislation. is most eloquent in his enunciation of Texas and my colleagues on the Rules Let’s move to Nevada. In the Second support of pushing all of us together. I Committee are willing to bring forward District of Nevada, represented by my stand with him. But we will keep work- a rule, bring forward H.R. 15 Thursday, friend, Mr. AMODEI, 72 percent, Mr. ing until we get it right. Speaker, of voters support comprehen- bring it forward next week, I will be We will, once again, measure three sive immigration reform. happy to stand here and proudly sup- times and saw once. In the Third District of Nevada, rep- port that rule. Mr. Speaker, I yield 5 minutes to the resented by my colleague, Mr. HECK, But until we reach that time, I will gentleman from Bowling Green, Ken- over 74 percent. have to voice my opposition to the tucky (Mr. GUTHRIE), a member of the I can go on and on; the point being, rule. Energy and Commerce Committee. Mr. Speaker, that the American people Mr. Speaker, I reserve the balance of Mr. GUTHRIE. Mr. Speaker, I thank are demanding action of this body. my time. the chairman for yielding time to H.R. 15 is simply common sense. In- Mr. SESSIONS. Mr. Speaker, I appre- speak on an important issue that the stead of going home after 1 day of ciate the dialogue that the gentleman Retail Investor Protection Act address- work, let’s bring it to the floor on from Colorado is having. In fact, I es. Thursday, then pass it on Friday, Mr. have, for a long period of time, not Employee Stock Ownership Plans Speaker. Let’s get it done. Common only understood the plight of those provide good jobs and secure retire- sense. who are perhaps in this country as un- ments in my home State, the Common- If the House majority is serious documented people, but also I under- wealth of Kentucky, and across the Na- about bolstering innovation, growing stood the plight of people who are try- tion. In fact, ESOPs had fewer layoffs our economy, reducing our deficit, ing to get a job in this country, Ameri- during the recession than other busi- bringing down taxes, increasing pros- cans who are trying to find work. nesses. perity for all Americans, a pro-growth And there are lots of things that we I have been joined by two dozen col- agenda that they frequently lend lip should have done on this. I would re- leagues, from both sides of the aisle, on service to, then put this immigration mind the gentleman that for 4 years a bill to prevent the Department of reform bill on the floor, and let the the Democrat majority had this front Labor from imposing the fiduciary House work its will. It will pass. and center as a promise that they standard on appraisers of ESOP stock. We can attract investment and entre- would accomplish, and the Republican IRS law today requires that ESOPs preneurs and encourage them to create majority now is attempting to work get an independent appraisal in order American jobs, reduce our deficit, through this issue. to determine the value of the stock. On bring down the tax burden and, guess We have had working groups. We the other hand, fiduciaries are, by defi- what, help restore integrity to our en- have had Members who are very serious nition, not independent. Any rule that titlement programs, help make sure about how we work on a bipartisan would define ESOP appraisers as fidu- that people are paying in to Social Se- basis; and I know the gentleman, Mr. ciaries would create a conflict with the curity and Medicare, and that they are POLIS, has been not only aware of that, IRS regulations; and by creating con- solvent. We can accomplish that this but also understands the intricacies. flicting duties for appraisers, any De- week. Or, you know, if you really want We need to be able to understand partment of Labor rules in this area to go home on Wednesday of this week, that there are still very dangerous peo- would substantially increase the cost let’s come back next week, instead of ple in this country, and the Senate bill of ESOPs and, in fact, could regulate taking next week off, and we will pass did not even get close to understanding them out of existence. immigration reform then. who is in this country that is dan- DOL’s proposal would add costs to all I will be happy, and many Members gerous, some 30,000 people who are spe- parties and encourage needless litiga- from my side of the aisle would be cial interest aliens who this govern- tion time and again. DOL has failed to happy, to cancel vacation plans for ment is watching. They would sneak sufficiently document the problems next week to come back and pass im- right underneath the wire toward citi- with ESOPs that they claim they are migration reform; and I would encour- zenship; that normally a person who trying to remedy. age my colleague from Texas to en- comes into this country would have to This is simply another example of courage his leadership to do that. go through a background check, and we this administration overreaching and

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6845 creating unnecessary burdens on busi- proval or endorsement of the U.S. De- ulatory mandates without proving they ness leaders for providing a great serv- partment of Labor’s proposed fiduciary are needed to correct harm in the mar- ice to their employees. rule. In fact, since 2011, I have voiced ketplace. I call it, in some ways, a job I am pleased to stand in support of concerns about how the proposed protection. the rule and the underlying bill today changes to the definition of ‘‘fidu- They want to do good. I am not im- because, if enacted, this bill will help ciary’’ might lead to a reduction in fi- plying that the government employees protect ESOPs in the near term. By nancial education and access to invest- are not hardworking, strong individ- barring DOL from finalizing a rule on ment advice. uals. But many times, they are looking fiduciaries until after the SEC has The SPEAKER pro tempore. The at their own job, and they are saying, acted, this bill will provide some tem- time of the gentleman has expired. What do I need to do to make sure that porary protection for ESOPs and their Mr. POLIS. I yield the gentleman an we are ‘‘doing something?’’—at the ex- appraisers. additional 30 seconds. pense, many times, of the ones that are We must continue to defend business Mr. HOLT. Americans are not well having to live with what they are leaders and their employees from pro- prepared for retirement. I have long be- doing. fessional regulators whose ill-consid- lieved that the more investment advice So as I look into this today, I want to ered and counterproductive proposals available to employees the better. thank the gentlewoman from Missouri are making it more difficult for hard- They need more advice, not less; more for putting forward legislation to en- working Americans to achieve the encouragement to invest, not less. sure that families in my district and American Dream. I look forward to continuing to work across the Nation are not harmed as And we have been working with both with the Secretary of Labor to craft a they strive to pay for their kids’ col- sides of the aisle; and this party, the rule to allow more Americans, not lege or invest for the future. Republican Party, on this side of the fewer Americans, to be better prepared, Our Republican majority is working aisle wants to make sure Americans not less prepared, for retirement. on bills like this that remove these have the opportunity to achieve the I thank the gentleman from Colorado kinds of issues. The SEC must explore American Dream. This bill does that; for the time. all other options before moving to a fi- and, therefore, I support the rule and Mr. SESSIONS. Mr. Speaker, I am duciary standard for brokers and deal- the underlying bill. pleased to now yield 4 minutes to the ers. Anything less is a disservice, real- b 1315 distinguished gentleman from Gaines- ly, to the individuals the SEC is supposed to protect. Mr. POLIS. Mr. Speaker, I am proud ville, Georgia, Congressman COLLINS, a member of the Oversight and Govern- But before I go, one of the things to yield 2 minutes to the gentleman that I have advocated for in my short ment Reform Committee. from New Jersey (Mr. HOLT), my time here is that Congress has to take friend. Mr. COLLINS of Georgia. Mr. Speak- er, as I come here today, one of the back its article I authority. We have Mr. HOLT. Mr. Speaker, I want to got to get into our oversight. Passing things that I have been listening to— join my friend from Colorado in la- bills and leaving it to a nameless, face- and my friend from across the aisle, menting the lack of legislative action less executive agency is not what we from Colorado, we talk about things on immigration and so many other need to be doing. When need be, Con- and substantive issues. issues. gress needs to be doing things like this, I have been in three committee hear- I am sure the gentleman doesn’t where we come in and say, No, let’s ings this morning, and a lot of it was want to leave the impression that take a break. Let’s slow down. Is this going across the aisle, working on Members of Congress do nothing when really what the law intended? Is this issues that work. we are not actually in session. How- really what the law meant? Is this One of the things that just concerned ever, the lack of number of days in ses- what we are supposed to be doing? sion, the small number of days in ses- me as I was listening to this as well is Congress has a constitutional role. sion, is really symptomatic of the prob- that the Republican majority is work- We have got to take that back. I think lem. It is an unwillingness to deal with ing toward finding solutions for bad what we are doing here today—and I the great issues of the day, be they im- bills. Now that doesn’t mean that ev- think having exchanges across the migration, appropriations and funding erything is delay, as it was just ex- aisle, whether it be today or tomorrow for government activities, reauthor- plained. But when you find something or next week, when I will be back home izing the Elementary and Secondary that is wrong, from where I am at, you actually working and talking to people Education Act to replace No Child Left fix it. and preparing for what really right Behind, providing workplace training Mr. POLIS. Will the gentleman yield now is crushing in our area, the imple- and job creation, the transportation for a moment? mentation of the health care legisla- legislation and nutrition programs. Mr. COLLINS of Georgia. I will yield tion is what we are getting—these are It is worth pointing out that only at the end. the kinds of things that we need to be now—I mean right now, we are about I rise in support of the rule and the talking about. When we do that, then to lose 13 percent in the SNAP pro- underlying bills, especially H.R. 2374. we have real dialogue. We have real so- gram, the food stamp program. For all You know, I rise because we must con- lutions. But Congress has got to take of those reasons, we should be working tinue to look at this regulatory beast. back its article I authority. We have here in the Chamber and in committee It is strangling, really, what I feel let it go for years. and elsewhere. American business and families are This is a small part. Even what my Mr. Speaker, I rise today in opposi- struggling with, the very same issues friend from Colorado is talking about, tion to the so-called Retail Investor that really are across the aisle. these are issues that need to be de- Protection Act, which is one more at- I have Democrat friends. I have Re- bated. We are debating. tempt to delay and derail implementa- publican friends. The bottom line, The Judiciary Committee, on which I tion of the Dodd-Frank Wall Street Re- when it comes to business, is that busi- sit, has taken up several of these kinds form law. The financial crisis should be ness has always been about making a of issues, and we did it this morning all the evidence we need to know that profit, money. The gentleman under- under patents and all kinds of things. stronger, not weaker, enforcement; stands that. The gentlemen and ladies This is what matters to the American tougher, not weaker, regulations are on this side understand this. people. They want to see us work. They necessary. We have got to get into a position in want to see us be a part of it and not Dodd-Frank is the law of the land. which the Federal Government is out just simply here talking to the cam- Yet, as with ObamaCare, the Repub- of the way, except in the areas where it eras and talking to each other. We lican agenda consists only of delay and needs to be, so that businesses can have really got to be out listening and repeal, with no solutions to, in this flourish and businesses can thrive. I be- working our committees and doing case, prevent a future economic melt- lieve this is what we are looking at things back home so that they under- down. today. stand that as well. I want to be clear that, in voting The Federal agencies too often move So when I look at this, I look at this against this bill, I am not stating ap- forward with new and burdensome reg- as something powerful to move forward

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6846 CONGRESSIONAL RECORD — HOUSE October 29, 2013 on. I look at it as something that is a debt ceiling increase that was required field, Illinois, Congressman HULTGREN, good rule. It is a good underlying bill. by the very vote we made. That is just a member of the Committee on Finan- The SPEAKER pro tempore. The not a stand-up way for a country to op- cial Services and one of the cosponsors time of the gentleman has expired. erate. We pay our bills. and lead sponsors of the bills that are Mr. SESSIONS. I yield the gentleman The idea that we would have a de- on the floor today. an additional 1 minute. bate, as we did in this Congress, where Mr. HULTGREN. I thank the gen- Mr. COLLINS of Georgia. I appre- the premise of that debate was that it tleman from Texas, Chairman SES- ciate the chairman yielding. was actually an acceptable outcome SIONS, so much for your work. I want to This Republican majority was work- that we would stiff our creditors, that thank the entire Rules Committee for ing in a bipartisan manner, giving us we wouldn’t pay the mortgage, that we your important work as well. the ability to work like this. These are might forsake the 1 million veterans Mr. Speaker, we have before us today bipartisan pieces that we understand. who are coming home from Iraq and a couple of deserving bills that redirect So I did promise, and I am good to Afghanistan and not provide to them cumbersome and burdensome Federal my word. I yield to the gentleman from the services that we have all promised, regulation and, for a change, put cus- Colorado. that is just not right. tomers first. Mr. POLIS. I appreciate the gen- The damage we did with the debt I am particularly interested in the tleman from Georgia, and I appreciate ceiling debate and the threat to default fate of H.R. 992, the Swaps Regulatory his words, that there is a lot of impor- was enormous both in August of 2011 Improvement Act. I introduced this bill tant work going on. Committees are and in October of 2013. in the 113th Congress and want to meeting. You mentioned the Judiciary In August of 2011, consumer con- thank my bipartisan cosponsors Rep- Committee working on patents. It is a fidence dropped to a 31-year low. The resentative JIM HIMES and, also from very important issue. third quarter gross domestic product the Agriculture Committee, Represent- I just wanted to ask the gentleman, increased barely at 1.4 percent. It led ative RICHARD HUDSON and Representa- with all of the important work that is to, for the first time in the history of tive SEAN PATRICK MALONEY, who all going on, why the House will be ad- this country, us losing our AAA credit have done great work in coming to- journing on Wednesday and not meet- rating and suffering a downgrade from gether in a bipartisan way to put to- ing next week as well? Standard & Poor’s. gether legislation that solves a real Mr. COLLINS of Georgia. Well, I The loss of 0.3 percent of the fourth problem with the law that was passed a think as we go back here and if we quarter growth rate translated into $24 couple of years ago. We also owe a debt really look at this—and you took the billion of lost revenue. Household of thanks to former Representative opportunity to discuss immigration wealth collapsed by $2.4 trillion. While Nan Hayworth, who carried this effort and other things—I have to simply it is true that wealth has come back, in the 112th Congress. back up my chairman and go back to the loss of that created an immense H.R. 992 may seem complicated, but when the Democrats had the entire amount of insecurity, reduced con- the aim is simple: it is to save, for me, floor, they had everything that they sumer spending, and cost us jobs. The Illinois farmers and manufacturers, wanted. They chose other priorities, Peter Peterson Foundation indicated utility providers, hospitals, and small that the uncertainty that was created businesses from higher costs and great- strangling typically businesses and was something that contributed to $150 er uncertainty. other ideas that right now we are hav- billion in lost output and 900,000 jobs. So much that I hear from my con- ing to deal with. The Republican ma- The October 2013 shutdown and the stituents—specifically from people who jority is moving forward on getting the threat of default was the biggest are looking to grow jobs, grow this un-strangling back. I just have to go plunge in consumer confidence—bigger economy—is the fear and the uncer- back and say, We will work on those even than August of 2011—the biggest tainty that they are facing. It is not an things. plunge since the Lehman Brothers col- uncertainty of whether they can do the In support of our Republican major- lapse in ’08. We must acknowledge job or whether they can provide a prod- ity, we are working for businesses and something very simple: we must pay uct or whether they can provide a serv- families who right now are struggling our bills. ice. They know they can do that. The to put back jobs, but I do appreciate Mr. SESSIONS. Mr. Speaker, I appre- uncertainty they are feeling is can the question. ciate the gentleman, my dear friend they deal with what government is Mr. POLIS. Mr. Speaker, I yield 3 from Colorado, speaking most elo- going to do to them if they grow their minutes to the gentleman from quently about the effects of 5 years of business and the greater uncertainty Vermont (Mr. WELCH). President Barack Obama. that has come from laws that have Mr. WELCH. I thank the gentleman. I will remind this body that Presi- Mr. Speaker, part of this rule is ad- passed over the last couple of years. dent Obama said he would not nego- One area that has created great un- dressing the debt ceiling. This Congress tiate with House Republicans. In fact, certainty is this Dodd-Frank law that put the American people and our econ- the majority responsible for the bill was passed a couple of years ago, and omy through the spectacle of 16 days of that had to prepare our country for specifically, provision section 716 was shutdown, with the culmination being what we would do for moving our coun- supposed to really be focused at Wall the actual threat that we would not try forward with not only the CR but Street. What we have seen is, it hurts pay our bills; we would default. That is also the sequestration, House Repub- Main Street, Main Street customers the second time we have done that in 2 licans for months have spent time to more than anything else, taking away years. There is some progress in this make sure we did appropriations bills. options, raising costs, and raising un- rule because it is going to allow Con- Meanwhile, our friends on the Senate certainty for, again, farmers and man- gress to vote to disapprove, but it can’t did zero appropriations bills. ufacturers, people who are providing a pass unless it gets, in effect, the Presi- House Republicans prepared us not to great product to our consumers in our dent’s signature. have the demise that we did, and our districts. There is another way that we ought friends across the aisle did nothing to to do this. We ought to, once and for help us in this endeavor, not even to b 1330 all, acknowledge that if this Congress, begin a negotiation. So, unfortunately, So this legislation is important to with Republican and Democratic votes, it turns out that it goes on someone’s bring back that certainty. passes an appropriation that has an im- record. For me, as well, this is important. pact on the debt ceiling, that is the I would like for the RECORD to reflect My history is I grew up in a family fu- time of reckoning at the moment that that House Republicans came up with neral home. I worked in helping people appropriation is passed. ideas to avoid the government shut- plan for their future certainly through What we have done is a good deal down and to fund the government. We that family business, but also as an in- hypocritical towards the people we rep- have done that for months, and we will vestment adviser and as an attorney resent. We will vote for spending on continue to do that. helping people. day one, and then on day two, when the Mr. Speaker, at this time, I yield 4 In Congress, my hope is to continue bill comes due, we will vote against the minutes to the gentleman from Win- to help people—and our Nation—plan

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6847 for the future and to fight for future partnerships, bringing together Fed- to is there are investment advisers, and generations to make sure we are going eral, State, local, and regional stake- investment advisers are those people in to be making good decisions for our holders to develop comprehensive man- the marketplace that an individual kids and grandkids. ufacturing enhancement strategies and customer would go to. That financial This is one of the areas where I see, deliver targeted resources to strength- adviser has not only a higher standard throughout my lifetime, through our en the manufacturing sector, which has on them, but they also have legal and family business and the work that I proven vital to our country’s economy. regulatory costs to go with it. But they have done, that trust relationships are It will provide small- to medium- are to know the customers and the cus- important; and the trust relationships sized manufacturers with the resources tomers’ needs and how old that cus- that our farmers and our manufactur- they need to retool and retrofit their tomer is and what they are trying to ers have been able to create with their operations and train their workforce in achieve and to know about their family local community banks are important. order to transition to the manufac- and their processes, and not to take Unfortunately, this law that was turing of clean energy, high tech- risks where there shouldn’t be any but passed a couple of years ago forces nology, and advanced products. It to match the expectation of perform- those relationships to be broken so would enhance the competitiveness of ance. that you can no longer use the trusted the industry, including through in- And then there is the broker-dealer. financial bank or financial services creased exports and domestic supply That broker-dealer is available in the provider in your local area to be able chain opportunities. marketplace. Maybe they are a $5 or $6 to help you plan for uncertainty in the Mr. Speaker, it is time for Congress or $7 per trade person. It is somebody future; but, again, they are pushed out to work together to make things again that you call up and you execute the into other entities that are less regu- so that Americans can make it again; agreement that you have from your in- lated and oftentimes offshore. and this is about strengthening the vestment adviser. I am so excited about taking this manufacturing sector, which helped What we are trying to say here step to bring certainty back, and ulti- build the middle class of this country, today—Mr. HULTGREN and others—we mately, hopefully, as that confidence which helped build one of the strongest don’t think that the regulatory bur- grows with our farmers and manufac- economies in the world. This would dens, including costs, including legal turers and employers, our job creation allow manufacturers who are beginning fees and other burdens, should be will grow once again. Investment in to see a resurgence, a revival, because placed on the broker-dealers. They hiring people is what we want. That is of some market conditions. Because of should be someone that has a lesser or the number one priority that we are the great innovations and the great different standard. They are simply the fighting for. quality of our workforce, it would person that takes the order to effec- There will be time for further debate allow us to strengthen this sector and tively and cheaply get the order done on this, but I ask my colleagues to grow jobs at a critical time for my that came from the customer as a re- adopt the rule for the reasons stated by State and for our country. sult of their advice from the financial Federal Reserve Chairman Bernanke in So I urge my colleagues to defeat the adviser. previous question so that we can con- testimony before the House Financial How important is this? It is impor- sider the Make It In America Manufac- Services Committee on February 27. He tant enough because the U.S. Chamber turing Act, something we should be said: 716—the section that we are of Commerce, that stalwart that stands able to come together on that would changing here—requires the push-out for all business—not just manufactur- create job growth in this critical sector of certain kinds of derivatives. And it ers, but also customers—has said this of our Nation’s economy. is not evident why that makes the about what Chairman HENSARLING is Mr. SESSIONS. Mr. Speaker, I yield attempting to accomplish today. I company, as a whole, safer. And what myself such time as I may consume. we do see is that it will likely increase quote from a letter that came from I appreciate the gentleman speaking Bruce Josten, who is executive vice costs of people who use the derivatives very clearly about getting manufac- and make it more difficult for the bank president of the Chamber, dated Octo- turer jobs, and that is why the Repub- ber 28, to all Members of the U.S. to compete with foreign competitors lican Party listens to the National As- who can provide a more complete set of House of Representatives, asking them sociation of Manufacturers. They have for support: services. a very specific list of things that they, This is an important change. Due to the increasing overlap between the as manufacturers, want as they try and Department of Labor and the SEC in the Mr. POLIS. Mr. Speaker, if we defeat make not only more jobs available in the previous question, we will offer an area of retirement plans and the related na- this country, but also as they want to ture of each agency’s fiduciary initiative, amendment to the rule that would make sure that investment and oppor- the Chamber believes that the two agencies allow the House to consider the Make tunity and keeping their companies should coordinate and work in a systematic It In America Manufacturing Act of alive is something that goes forward manner, allowing the SEC to complete its 2013. To discuss the proposal, I yield 2 into the future. rules first to avoid investor confusion, regu- minutes to the gentleman from Rhode That is why they oppose ObamaCare. latory conflict, and one rule being usurped Island (Mr. CICILLINE). That is why their number one issue is by the other. Mr. CICILLINE. I thank the gen- to say that they see a big government Mr. Speaker, this is common sense. tleman for yielding. spending program, not just like That is your U.S. Chamber that is Mr. Speaker, it is beyond time for ObamaCare, but also taxes on energy, speaking on behalf of all the people Congress to focus on getting Americans which our friends on the other side of across this country saying let’s not put back to work. If we want to get things the aisle push every day, and higher ourselves into a circumstance where back on the right track, we have to taxes for investors and more and more indecision that has been talked about start making things again in this coun- and more Big Government. today becomes a hindrance in the mar- try. So I do understand what manufactur- ketplace and where good rules and Job creation should not be a Demo- ers want, and it is directly related to commonsense are able to flourish. cratic issue or a Republican issue; it is the meetings that I have with people And that is what the Republican ma- an American issue. At some point, the from Dallas, Texas, and all across this jority is attempting to do today. That gridlock in Washington needs to end country who are in the business. They is why H.R. 2374 means that what we and we need to take advantage of the put their names on their doors. Manu- are trying to do is to provide our ideas opportunities we have to reinvigorate facturers are awesome and important to a marketplace rather than having this critical sector of our economy. people to our economy. the Department of Labor go first and That is why I urge my colleagues to Mr. Speaker, what we are really here perhaps have one set of rules and then defeat the previous question today, so to speak about are these two bills from the Securities and Exchange Commis- we can consider the Make It In Amer- the Financial Services Committee sion, who really should be the lead ica Manufacturing Act, legislation that today. agency, come up with their own rules I have introduced that would facilitate H.R. 2374 is something that has been and regulations. Let’s have them work the creation of unique public-private talked about. What it really boils down together. And that is what we are

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6848 CONGRESSIONAL RECORD — HOUSE October 29, 2013 doing here. Common sense means ask- back, twiddle their thumbs and watch Sec. 6. Immediately upon adoption of this ing government to work with itself be- the costs of our immigration problems resolution the Speaker shall, pursuant to tween a regulatory body and a Cabinet- go up for the American people, destroy- clause 2(b) of rule XVIII, declare the House level position. ing more jobs and decreasing our def- resolved into the Committee of the Whole House on the state of the Union for consider- I believe that if we are successful on icit; or they can come to the table, ation of the bill (H.R. 375) to require the Sec- the floor today, we will see that white start a serious discussion about immi- retary of Commerce and the Secretary of flag that comes up that says, well, this gration reform, bring a bill to the floor Labor to establish the Make It in America bill may not make it through the other of the House and pass it, reduce our Incentive Grant Program, and for other pur- body, like so many other bills that we deficit, improve security, and create poses. The first reading of the bill shall be have, but common sense should prevail. jobs for Americans. dispensed with. All points of order against That is why Republicans are here Mr. Speaker, I urge my colleagues to consideration of the bill are waived. General today, and that is why the U.S. Cham- vote ‘‘no’’ and defeat the previous ques- debate shall be confined to the bill and shall not exceed one hour equally divided among ber of Commerce stands up and says, tion. I urge a ‘‘no’’ vote on the rule, and controlled by the chair and ranking mi- This is what we see as the real issue in and I urge us to bring up immigration nority member of the Committee on Finan- the marketplace. reform. cial Services and the chair and ranking mi- I reserve the balance of my time. I yield back the balance of my time. nority member of the Committee on Edu- Mr. POLIS. Mr. Speaker, I yield my- Mr. SESSIONS. Mr. Speaker, I yield cation and the Workforce. After general de- self the balance of my time. myself the balance of my time. bate the bill shall be considered for amend- Mr. Speaker, I ask unanimous con- I appreciate the courtesy that the ment under the five-minute rule. All points sent to insert the text of the amend- gentleman has afforded me with what I of order against provisions in the bill are waived. At the conclusion of consideration of ment in the RECORD, along with extra- believe is his support of the bill, the the bill for amendment the Committee shall neous material, immediately prior to underlying legislation, the importance rise and report the bill to the House with the vote on the previous question. to the marketplace, and perhaps more such amendments as may have been adopted. The SPEAKER pro tempore. Is there importantly, what we are trying to do The previous question shall be considered as objection to the request of the gen- here today, and that is to move for- ordered on the bill and amendments thereto tleman from Colorado? ward with ideas that will help the to final passage without intervening motion There was no objection. American people. except one motion to recommit with or with- Mr. POLIS. Mr. Speaker, since this I also know that the discussions that out instructions. If the Committee of the week is spoken for, that leaves us with he wanted to have are really not what Whole rises and reports that it has come to 19 legislative days before the end of the no resolution on the bill, then on the next we are here to meet for today but are legislative day the House shall, immediately session. Reportedly, I have read in the very, very important issues not only to after the third daily order of business under press, that House leadership is strug- the gentleman from Colorado, but I clause 1 of rule XIV, resolve into the Com- gling to find ways to fill that time. think every single Member of this mittee of the Whole for further consideration Well, I have an idea. body, and that is an intention that we of the bill. Four weeks is more than enough give to understanding the legislation Sec. 7. Clause 1(c) of rule XIX shall not time to pass immigration reform; and that could be attached to the immigra- apply to the consideration of H.R. 375 as if we can’t stay here on Thursday and tion bill. specified in section 6 of this resolution. Friday to do it, let’s do it in the 19 But the work that we are doing today THE VOTE ON THE PREVIOUS QUESTION: WHAT IT days we have left. There is no reason at is about what we have, which is here REALLY MEANS all for us to leave here in December, for a reason, and that is to make it This vote, the vote on whether to order the disappoint the American people, with- easier for people back home to be able previous question on a special rule, is not merely a procedural vote. A vote against or- out taking action on an issue that is on to make decisions about financial long- dering the previous question is a vote Speaker BOEHNER’s agenda and on Ma- term issues and ideas, whether it is against the Republican majority agenda and jority Leader CANTOR’s agenda for over their retirement, whether it is about a vote to allow the Democratic minority to a year. Speaker BOEHNER and the sending their kids to college, or wheth- offer an alternative plan. It is a vote about House leadership can present a plan for er it is about trying to take costs out what the House should be debating. votes on immigration reform before of the marketplace to allow a con- Mr. Clarence Cannon’s Precedents of the the end of the year. sumer a better opportunity to come to House of Representatives (VI, 308–311), de- Every week that Congress is in ses- scribes the vote on the previous question on a broker-dealer of their choice, to go to the rule as ‘‘a motion to direct or control the sion until we pass immigration reform, the financial adviser to work whatever consideration of the subject before the House I will be on the floor speaking about they do and then to go to a market- being made by the Member in charge.’’ To the cost of inaction. Immigration replace that is cost-effective for them. defeat the previous question is to give the form will create 750,000 to 900,000 jobs That is why we are here today. opposition a chance to decide the subject be- for Americans that are out of work. The bottom line is that the Dodd- fore the House. Cannon cites the Speaker’s My colleague from Texas mentioned Frank Act puts unnecessary rules and ruling of January 13, 1920, to the effect that that there are dangerous people that regulations on the entire industry. ‘‘the refusal of the House to sustain the demand for the previous question passes the we don’t know where they are in this That takes away from the effectiveness country. That is true. By passing com- control of the resolution to the opposition’’ and how nimble the marketplace can in order to offer an amendment. On March prehensive immigration reform, we be. It takes away and adds cost to con- 15, 1909, a member of the majority party of- will make sure that we know where sumers who would wish to not only fered a rule resolution. The House defeated people who represent a threat to this make a trade—they have already got- the previous question and a member of the Nation are. The people have to reg- ten the advice they need, and now what opposition rose to a parliamentary inquiry, ister. Enforcement of the law actually they are interested in is executing that asking who was entitled to recognition. means something. trade without trying to receive, nec- Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, The Senate has acted and passed a bi- essarily, someone who is trying to be partisan, comprehensive immigration the gentleman from New York, Mr. Fitz- careful about what they do. gerald, who had asked the gentleman to bill last June. Meanwhile, the House of b 1345 yield to him for an amendment, is entitled to Representatives hasn’t dedicated a sin- the first recognition.’’ gle minute of legislative floor time to So, Mr. Speaker, you know why we The Republican majority may say ‘‘the any immigration bill; and so, too, this are here today. I urge my colleagues to vote on the previous question is simply a week, this House is going home vote ‘‘yes’’ on the rule and ‘‘yes’’ on vote on whether to proceed to an immediate Wednesday instead of discussing immi- the underlying legislation. vote on adopting the resolution . . . [and] gration reform. The material previously referred to has no substantive legislative or policy im- The price of inaction is too heavy a by Mr. POLIS is as follows: plications whatsoever.’’ But that is not what they have always said. Listen to the Repub- price to pay for the American people. AN AMENDMENT TO H. RES. 391 OFFERED BY lican Leadership Manual on the Legislative The majority of this body—the Repub- MR. POLIS OF COLORADO Process in the United States House of Rep- licans who control the floor of the At the end of the resolution, add the fol- resentatives, (6th edition, page 135). Here’s House—have a choice: they can sit lowing new sections: how the Republicans describe the previous

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6849 question vote in their own manual: ‘‘Al- Harris Meadows Ryan (WI) Price (NC) Schwartz Titus though it is generally not possible to amend Hartzler Meehan Salmon Quigley Scott (VA) Tonko the rule because the majority Member con- Hastings (WA) Messer Scalise Rahall Scott, David Tsongas Rangel Serrano trolling the time will not yield for the pur- Heck (NV) Mica Schock Van Hollen Hensarling Miller (FL) Schweikert Richmond Sewell (AL) pose of offering an amendment, the same re- Vargas Holding Miller (MI) Scott, Austin Roybal-Allard Shea-Porter Veasey sult may be achieved by voting down the pre- Hudson Miller, Gary Sensenbrenner Ruiz Sherman Vela vious question on the rule . . . When the mo- Huelskamp Mullin Sessions Ruppersberger Sinema Vela´ zquez Ryan (OH) Sires tion for the previous question is defeated, Huizenga (MI) Mulvaney Shimkus Visclosky Hultgren Murphy (PA) Sa´ nchez, Linda Slaughter control of the time passes to the Member Shuster Walz Hunter Neugebauer T. Smith (WA) who led the opposition to ordering the pre- Simpson Waters Hurt Noem Sanchez, Loretta Speier vious question. That Member, because he Smith (MO) Watt Issa Nugent Smith (NE) Sarbanes Swalwell (CA) then controls the time, may offer an amend- Jenkins Nunes Schakowsky Takano Waxman ment to the rule, or yield for the purpose of Smith (NJ) Welch Johnson (OH) Nunnelee Smith (TX) Schiff Thompson (CA) Schneider Wilson (FL) amendment.’’ Johnson, Sam Olson Southerland Thompson (MS) Schrader Tierney Yarmuth In Deschler’s Procedure in the U.S. House Jones Palazzo Stewart Jordan Paulsen of Representatives, the subchapter titled Stivers Joyce Pearce NOT VOTING—11 ‘‘Amending Special Rules’’ states: ‘‘a refusal Stockman Kelly (PA) Perry to order the previous question on such a rule Stutzman Aderholt Frankel (FL) Rush King (IA) Petri Bass Herrera Beutler Sanford Terry [a special rule reported from the Committee King (NY) Pittenger Campbell Johnson (GA) Wasserman Thompson (PA) on Rules] opens the resolution to amend- Kingston Pitts Cooper McCarthy (NY) Schultz ment and further debate.’’ (Chapter 21, sec- Kinzinger (IL) Poe (TX) Thornberry tion 21.2) Section 21.3 continues: ‘‘Upon re- Kline Pompeo Tiberi b 1409 Tipton jection of the motion for the previous ques- Labrador Posey LaMalfa Price (GA) Turner So the previous question was ordered. tion on a resolution reported from the Com- Upton mittee on Rules, control shifts to the Mem- Lamborn Radel The result of the vote was announced Lance Reed Valadao as above recorded. ber leading the opposition to the previous Lankford Reichert Wagner question, who may offer a proper amendment Latham Renacci Walberg Stated against: or motion and who controls the time for de- Latta Ribble Walden Ms. FRANKEL of Florida. Mr. Speaker, on bate thereon.’’ LoBiondo Rice (SC) Walorski rollcall No. 563, had I been present, I would Clearly, the vote on the previous question Long Rigell Weber (TX) Webster (FL) have voted ‘‘no.’’ on a rule does have substantive policy impli- Lucas Roby Wenstrup The SPEAKER pro tempore (Mr. cations. It is one of the only available tools Luetkemeyer Roe (TN) Lummis Rogers (AL) Westmoreland WOMACK). The question is on the reso- for those who oppose the Republican major- Marchant Rogers (KY) Whitfield lution. ity’s agenda and allows those with alter- Marino Rogers (MI) Williams native views the opportunity to offer an al- Massie Rohrabacher Wilson (SC) The question was taken; and the ternative plan. McCarthy (CA) Rokita Wittman Speaker pro tempore announced that McCaul Rooney Wolf the ayes appeared to have it. Mr. SESSIONS. Mr. Speaker, I yield McClintock Ros-Lehtinen Womack back the balance of my time, and I McHenry Roskam Woodall RECORDED VOTE move the previous question on the res- McKeon Ross Yoder Mr. POLIS. Mr. Speaker, I demand a olution. McKinley Rothfus Yoho recorded vote. McMorris Royce Young (AK) The SPEAKER pro tempore. The Rodgers Runyan Young (IN) A recorded vote was ordered. question is on ordering the previous The SPEAKER pro tempore. This is a question. NAYS—193 5-minute vote. The question was taken; and the Andrews Duckworth Levin The vote was taken by electronic de- Speaker pro tempore announced that Barber Edwards Lewis vice, and there were—ayes 230, noes 188, Barrow (GA) Ellison Lipinski not voting 12, as follows: the ayes appeared to have it. Beatty Engel Loebsack Mr. POLIS. Mr. Speaker, on that I Becerra Enyart Lofgren [Roll No. 564] demand the yeas and nays. Bera (CA) Eshoo Lowenthal AYES—230 The yeas and nays were ordered. Bishop (GA) Esty Lowey Bishop (NY) Farr Lujan Grisham Amash Culberson Harris The SPEAKER pro tempore. Pursu- Blumenauer Fattah (NM) Amodei Daines Hartzler ant to clause 9 of rule XX, the Chair Bonamici Foster Luja´ n, Ben Ray Bachmann Davis, Rodney Hastings (WA) will reduce to 5 minutes the minimum Brady (PA) Fudge (NM) Bachus Denham Heck (NV) Braley (IA) Gabbard Lynch Barber Dent Hensarling time for any electronic vote on the Brown (FL) Gallego Maffei Barletta DeSantis Holding question of adoption. Brownley (CA) Garamendi Maloney, Barr DesJarlais Hudson The vote was taken by electronic de- Bustos Garcia Carolyn Barton Duffy Huelskamp Benishek Duncan (SC) Huizenga (MI) vice, and there were—yeas 226, nays Butterfield Grayson Maloney, Sean Capps Green, Al Matheson Bentivolio Duncan (TN) Hultgren 193, not voting 11, as follows: Capuano Green, Gene Matsui Bilirakis Ellmers Hunter [Roll No. 563] Ca´ rdenas Grijalva McCollum Bishop (UT) Farenthold Hurt Carney Gutie´rrez McDermott Black Fincher Issa YEAS—226 Carson (IN) Hahn McGovern Blackburn Fitzpatrick Jenkins Amash Chabot Fleischmann Cartwright Hanabusa McIntyre Boustany Fleischmann Johnson (OH) Amodei Chaffetz Fleming Castor (FL) Hastings (FL) McNerney Brady (TX) Fleming Johnson, Sam Bachmann Coble Flores Castro (TX) Heck (WA) Meeks Bridenstine Flores Jones Bachus Coffman Forbes Chu Higgins Meng Brooks (AL) Forbes Jordan Barletta Cole Fortenberry Cicilline Himes Michaud Brooks (IN) Fortenberry Joyce Barr Collins (GA) Foxx Clarke Hinojosa Miller, George Broun (GA) Foxx Kelly (PA) Barton Collins (NY) Franks (AZ) Clay Holt Moore Buchanan Franks (AZ) King (IA) Benishek Conaway Frelinghuysen Cleaver Honda Moran Bucshon Frelinghuysen King (NY) Bentivolio Cook Gardner Clyburn Horsford Murphy (FL) Burgess Gardner Kingston Bilirakis Cotton Garrett Cohen Hoyer Nadler Calvert Garrett Kinzinger (IL) Bishop (UT) Cramer Gerlach Connolly Huffman Napolitano Camp Gerlach Kline Black Crawford Gibbs Conyers Israel Neal Cantor Gibbs Labrador Blackburn Crenshaw Gibson Costa Jackson Lee Negrete McLeod Capito Gibson LaMalfa Boustany Culberson Gingrey (GA) Courtney Jeffries Nolan Carter Gingrey (GA) Lamborn Brady (TX) Daines Gohmert Crowley Johnson, E. B. O’Rourke Cassidy Gohmert Lance Bridenstine Davis, Rodney Goodlatte Cuellar Kaptur Owens Chabot Goodlatte Lankford Brooks (AL) Denham Gosar Cummings Keating Pallone Chaffetz Gosar Latham Brooks (IN) Dent Gowdy Davis (CA) Kelly (IL) Pascrell Coble Gowdy Latta Broun (GA) DeSantis Granger Davis, Danny Kennedy Pastor (AZ) Coffman Granger LoBiondo Buchanan DesJarlais Graves (GA) DeFazio Kildee Payne Cole Graves (GA) Long Bucshon Diaz-Balart Graves (MO) DeGette Kilmer Pelosi Collins (GA) Graves (MO) Lucas Burgess Duffy Griffin (AR) Delaney Kind Perlmutter Collins (NY) Griffin (AR) Luetkemeyer Calvert Duncan (SC) Griffith (VA) DeLauro Kirkpatrick Peters (CA) Conaway Griffith (VA) Lummis Camp Duncan (TN) Grimm DelBene Kuster Peters (MI) Cook Grimm Marchant Cantor Ellmers Guthrie Deutch Langevin Peterson Costa Guthrie Marino Capito Farenthold Hall Dingell Larsen (WA) Pingree (ME) Cotton Hall Massie Carter Fincher Hanna Doggett Larson (CT) Pocan Crawford Hanna McCarthy (CA) Cassidy Fitzpatrick Harper Doyle Lee (CA) Polis Crenshaw Harper McCaul

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6850 CONGRESSIONAL RECORD — HOUSE October 29, 2013 McClintock Posey Smith (NE) Walz Watt Wilson (FL) (2) By striking ‘‘during those months when McHenry Price (GA) Smith (NJ) Waters Welch Yarmuth there is no other discharge therefrom, but McIntyre Radel Smith (TX) NOT VOTING—12 this release may be reduced for brief tem- McKeon Reed Southerland porary periods by the Secretary whenever he McKinley Reichert Stewart Aderholt Diaz-Balart Wasserman McMorris Renacci Stivers Bass Herrera Beutler Schultz may find that release of the full ten cubic Rodgers Ribble Stockman Campbell McCarthy (NY) Waxman feet per second is harmful to the primary Meadows Rice (SC) Stutzman Cooper Rush purpose of the project’’. Meehan Rigell Terry Cramer Sanford (3) By adding at the end the following: Messer Roby Thompson (PA) b 1418 ‘‘Without further action by the Secretary, Mica Roe (TN) Thornberry and as determined necessary for any given Miller (FL) Rogers (AL) Tiberi So the resolution was agreed to. year by the City of Prineville, up to seven of Miller (MI) Rogers (KY) Tipton Miller, Gary Rogers (MI) Turner The result of the vote was announced the 17 cubic feet per second minimum release Mullin Rohrabacher Upton as above recorded. shall also serve as mitigation for City of Mulvaney Rokita Valadao A motion to reconsider was laid on Prineville groundwater pumping, pursuant Murphy (FL) Rooney Wagner the table. to and in a manner consistent with Oregon Murphy (PA) Ros-Lehtinen Walberg State law, including any shaping of the re- f Neugebauer Roskam Walden lease of the up to seven cubic feet per second Noem Ross Walorski to coincide with City of Prineville ground- Nugent Rothfus Weber (TX) ANNOUNCEMENT BY THE SPEAKER Nunes Royce Webster (FL) PRO TEMPORE water pumping as may be required by the State of Oregon. As such, the Secretary is Nunnelee Runyan Wenstrup The SPEAKER pro tempore. Pursu- Olson Ryan (WI) Westmoreland authorized to make applications to the State Owens Salmon Whitfield ant to clause 8 of rule XX, the Chair of Oregon in conjunction with the City to Palazzo Scalise Williams will postpone further proceedings protect these supplies instream. The City Paulsen Schock Wilson (SC) today on motions to suspend the rules shall make payment to the Secretary for Pearce Schweikert Wittman that portion of the minimum release that ac- Perry Scott, Austin Wolf on which a recorded vote or the yeas Peters (CA) Sensenbrenner Womack and nays are ordered, or on which the tually serves as mitigation pursuant to Or- Petri Sessions Woodall vote incurs objection under clause 6 of egon State law for the City in any given Pittenger Shimkus Yoder rule XX. year, with the payment for any given year Pitts Shuster Yoho Record votes on postponed questions equal to the amount of mitigation in acre Poe (TX) Simpson Young (AK) feet required to offset actual City ground- Pompeo Smith (MO) Young (IN) will be taken later. water pumping for that year in accordance f with Reclamation ‘Water and Related Con- NOES—188 CENTRAL OREGON JOBS AND tract and Repayment Principles and Re- Andrews Garcia Moore quirements’, Reclamation Manual Directives Barrow (GA) Grayson Moran WATER SECURITY ACT and Standards PEC 05–01, dated 09/12/2006, Beatty Green, Al Nadler Mr. YOUNG of Alaska. Mr. Speaker, I and guided by ‘Economic and Environmental Becerra Green, Gene Napolitano Bera (CA) Grijalva Neal move to suspend the rules and pass the Principles and Guidelines for Water and Re- Bishop (GA) Gutie´rrez Negrete McLeod bill (H.R. 2640) to amend the Wild and lated Land Resources Implementation Stud- Bishop (NY) Hahn Nolan Scenic Rivers Act to adjust the Crook- ies’, dated March 10, 1983. The Secretary is Blumenauer Hanabusa O’Rourke ed River boundary, to provide water authorized to contract exclusively with the Bonamici Hastings (FL) Pallone City for additional amounts in the future at Brady (PA) Heck (WA) Pascrell certainty for the City of Prineville, Or- the request of the City.’’. Braley (IA) Higgins Pastor (AZ) egon, and for other purposes. Brown (FL) Himes Payne The Clerk read the title of the bill. SEC. 4. FIRST FILL PROTECTION. Brownley (CA) Hinojosa Pelosi The text of the bill is as follows: The Act of August 6, 1956 (70 Stat. 1058), as Bustos Holt Perlmutter amended by the Acts of September 14, 1959 H.R. 2640 Butterfield Honda Peters (MI) (73 Stat. 554), and September 18, 1964 (78 Stat. Capps Horsford Peterson Be it enacted by the Senate and House of Rep- 954), is further amended by adding at the end Capuano Hoyer Pingree (ME) resentatives of the United States of America in ´ the following: Cardenas Huffman Pocan Congress assembled, Carney Israel Polis ‘‘SEC. 6. Other than the 17 cubic feet per Carson (IN) Jackson Lee Price (NC) SECTION 1. SHORT TITLE. second release provided for in section 4, and Cartwright Jeffries Quigley This Act may be cited as the ‘‘Central Or- subject to compliance with the Army Corps Castor (FL) Johnson (GA) Rahall egon Jobs and Water Security Act’’. of Engineers’ flood curve requirements, the Castro (TX) Johnson, E. B. Rangel SEC. 2. WILD AND SCENIC RIVER; CROOKED, OR- Chu Kaptur Richmond Secretary shall, on a ‘first fill’ priority basis, EGON. store in and release from Prineville Res- Cicilline Keating Roybal-Allard Section 3(a)(72) of the Wild and Scenic Riv- ervoir, whether from carryover, infill, or a Clarke Kelly (IL) Ruiz ers Act (16 U.S.C. 1274(a)(72)) is amended as Clay Kennedy Ruppersberger combination thereof, the following: follows: Cleaver Kildee Ryan (OH) ‘‘(1) 68,273 acre feet of water annually to (1) By striking ‘‘15-mile’’ and inserting Clyburn Kilmer Sa´ nchez, Linda fulfill all 16 Bureau of Reclamation con- ‘‘14.75-mile’’. Cohen Kind T. tracts existing as of January 1, 2011, and up Connolly Kirkpatrick Sanchez, Loretta (2) In subparagraph (B)— to 2,740 acre feet of water annually to supply Conyers Kuster Sarbanes (A) by striking ‘‘8-mile’’ and all that fol- the McKay Creek lands as provided for in Courtney Langevin Schakowsky lows through ‘‘Bowman Dam’’ and inserting section 5 of this Act. Crowley Larsen (WA) Schiff ‘‘7.75-mile segment from a point one-quarter Cuellar Larson (CT) Schneider ‘‘(2) Not more than 10,000 acre feet of water mile downstream from the toe of Bowman Cummings Lee (CA) Schrader annually, to be made available to the North Dam’’; and Davis (CA) Levin Schwartz Unit Irrigation District pursuant to a Tem- (B) by adding at the end the following: Davis, Danny Lewis Scott (VA) porary Water Service Contract, upon the re- DeFazio Lipinski Scott, David ‘‘The developer for any hydropower develop- quest of the North Unit Irrigation District, DeGette Loebsack Serrano ment, including turbines and appurtenant fa- consistent with the same terms and condi- Delaney Lofgren Sewell (AL) cilities, at Bowman Dam, in consultation tions as prior such contracts between the DeLauro Lowenthal Shea-Porter with the Bureau of Land Management, shall DelBene Lowey Sherman District and the Bureau of Reclamation. Deutch Lujan Grisham Sinema analyze any impacts to the Outstandingly Remarkable Values of the Wild and Scenic ‘‘SEC. 7. Except as otherwise provided in Dingell (NM) Sires this Act, nothing in this Act— Doggett Luja´ n, Ben Ray Slaughter River that may be caused by such develop- ‘‘(1) modifies contractual rights that may Doyle (NM) Smith (WA) ment, including the future need to undertake Duckworth Lynch Speier routine and emergency repairs, and shall exist between contractors and the United Edwards Maffei Swalwell (CA) propose mitigation for any impacts as part States under Reclamation contracts; Ellison Maloney, Takano of any license application submitted to the ‘‘(2) amends or reopens contracts referred Engel Carolyn Thompson (CA) Federal Energy Regulatory Commission.’’. to in paragraph (1); or Enyart Maloney, Sean Thompson (MS) ‘‘(3) modifies any rights, obligations, or re- SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. Eshoo Matheson Tierney quirements that may be provided or gov- Esty Matsui Titus Section 4 of the Act of August 6, 1956 (70 erned by Oregon State law.’’. Farr McCollum Tonko Stat. 1058), (as amended by the Acts of Sep- Fattah McDermott Tsongas tember 14, 1959 (73 Stat. 554), and September SEC. 5. OCHOCO IRRIGATION DISTRICT. Foster McGovern Van Hollen 18, 1964 (78 Stat. 954)) is further amended as (a) EARLY REPAYMENT.—Notwithstanding Frankel (FL) McNerney Vargas Fudge Meeks Veasey follows: section 213 of the Reclamation Reform Act of Gabbard Meng Vela (1) By striking ‘‘ten cubic feet’’ the first 1982 (43 U.S.C. 390mm), any landowner within Gallego Michaud Vela´ zquez place it appears and inserting ‘‘17 cubic Ochoco Irrigation District in Oregon, may Garamendi Miller, George Visclosky feet’’. repay, at any time, the construction costs of

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6851 the project facilities allocated to that land- There was no objection. fore us will create jobs in central Or- owner’s lands within the district. Upon dis- Mr. YOUNG of Alaska. Mr. Speaker, I egon and will remove government red charge, in full, of the obligation for repay- yield myself such time as I may con- tape. ment of the construction costs allocated to This is actually a photo of Bowman all lands the landowner owns in the district, sume. those lands shall not be subject to the own- H.R. 2640, sponsored by our colleague, Dam. This is what we are talking ership and full-cost pricing limitations of Mr. WALDEN of Oregon, is an important about. When the ‘‘wild and scenic’’ des- the Act of June 17, 1902 (43 U.S.C. 371 et seq.), step towards restoring water and power ignation was passed by Congress, they and Acts supplemental to and amendatory of abundance and jobs to a rural area that sort of arbitrarily and temporarily, at that Act, including the Reclamation Reform has been devastated by Federal logging the time—this was decades ago—placed Act of 1982 (43 U.S.C. 390aa et seq.). restrictions. the wild and scenic designation line (b) CERTIFICATION.—Upon the request of a landowner who has repaid, in full, the con- This bill is a reflection of years of ne- right here in the yellow stripe of the struction costs of the project facilities allo- gotiation, and it is identical to the bill road. Now, I have told people that the cated to that landowner’s lands owned with- this Chamber passed last year without only thing wild and scenic about a dam in the district, the Secretary of the Interior opposition. Its supporters include those is if you are falling over the face of it shall provide the certification provided for in who would normally be water adver- and tumbling down, then it might be subsection (b)(1) of section 213 of the Rec- saries in most parts of the West. Mu- wild and scenic. lamation Reform Act of 1982 (43 U.S.C. nicipalities, irrigators, the Warm What we seek to do is move this 390mm(b)(1)). (c) CONTRACT AMENDMENT.—On approval of Spring tribes, utilities, organized boundary off the center of this dam and the district directors and notwithstanding labor, and an environmental organiza- go down about a quarter of a mile project authorizing legislation to the con- tion have all come together to support where the river really becomes natural. trary, the district’s reclamation contracts this legislation. As a result of that, then we are pretty are modified, without further action by the I want to commend my friend, the well convinced that a company will Secretary of the Interior, to— gentleman from Oregon (Mr. WALDEN), come in and add clean, renewable hy- (1) authorize the use of water for instream for his good work to bring all these dropower through a generation facility purposes, including fish or wildlife purposes, in order for the district to engage in, or take parties together and urge adoption of on the dam. The result of that, then, is advantage of, conserved water projects and this legislation. the water will come out with less gas- temporary instream leasing as authorized by I reserve the balance of my time. ification so it will be better for fish. Oregon State law; Mr. GRIJALVA. Mr. Speaker, I yield So we will get about 50 construction (2) include within the district boundary ap- myself such time as I may consume. jobs for 2 years, good-paying construc- proximately 2,742 acres in the vicinity of (Mr. GRIJALVA asked and was given tion jobs for 2 years as they install this McKay Creek, resulting in a total of approxi- permission to revise and extend his re- hydropower facility. We will get mately 44,937 acres within the district marks.) enough hydroelectricity to light, I boundary; Mr. GRIJALVA. Mr. Speaker, H.R. think it is, 500 homes. So you get clean (3) classify as irrigable approximately 685 acres within the approximately 2,742 acres of 2640, as my colleague described, does hydropower and you get construction included lands in the vicinity of McKay several things, including providing jobs. The water will come out from a Creek, where the approximately 685 acres are water and economic certainty to the different place and actually be better authorized to receive irrigation water pursu- City of Prineville and the Ochoco Irri- for the fish going forward, and all we ant to water rights issued by the State of Or- gation District. The legislation also do is move the scenic boundary down egon and have in the past received water outlines how reclamation is to operate to where, frankly, probably everyone pursuant to such State water rights; and and manage the Prineville Reservoir would agree, it should have been, not (4) provide the district with stored water through the first fill provision and re- on the center line at the top of the dam from Prineville Reservoir for purposes of supplying up to the approximately 685 acres moves some flexibility on reclama- where cars drive over it, but rather of lands added within the district boundary tion’s part to mitigate and adapt to down about a quarter of a mile. and classified as irrigable under paragraphs changing conditions. In addition to that, this facility, (2) and (3), with such stored water to be sup- We do not fully support the first fill about 20 miles upriver from Prineville, plied on an acre-per-acre basis contingent on provision but understand that there is a reclamation project that holds the transfer of existing appurtenant McKay are ongoing negotiations that look at about 80,000 acre-feet of uncontracted Creek water rights to instream use and the providing the certainty that the city water. That is part of the discussion: State’s issuance of water rights for the use needs while protecting the environ- What do you do with that uncontracted of stored water. water? This is rare in the Federal Gov- (d) LIMITATION.—Except as otherwise pro- ment. Stakeholder-driven processes are vided in subsections (a) and (c), nothing in the best way to address local needs. ernment to have a facility where all of this section shall be construed to— We look forward to working with our the water hasn’t been determined. That (1) modify contractual rights that may colleagues in the Senate and on the is an issue that can be dealt with down exist between the district and the United other side of the aisle to ensure that the road. We don’t deal with that here States under the district’s Reclamation con- all of the needs are met and protected. other than to make sure that tracts; I reserve the balance of my time. Prineville has access to that 6 percent, (2) amend or reopen the contracts referred Mr. YOUNG of Alaska. I yield such about 5,100 acre-feet, of water. to in paragraph (1); or time as he may consume to the gen- (3) modify any rights, obligations or rela- And why is that important? Because tionships that may exist between the district tleman from Oregon (Mr. WALDEN). the City of Prineville, right now, is and its landowners as may be provided or Mr. WALDEN. I thank Chairman constricted. They don’t have enough governed by Oregon State law. YOUNG, and thank you for your help on water. And this is a small, rural com- The SPEAKER pro tempore. Pursu- this, and Chairman HASTINGS as well. munity with high unemployment in ant to the rule, the gentleman from Mr. GRIJALVA, thank you for your com- the county. We would make sure that Alaska (Mr. YOUNG) and the gentleman ments, and I want to thank Represent- they get about 5,100 acre-feet of water. from Arizona (Mr. GRIJALVA) each will ative DEFAZIO for his work on this, They would pay fair market price for control 20 minutes. among many others. the value of the water, and that extra The Chair recognizes the gentleman Mr. Speaker, as was pointed out, in water would allow the city to not only from Alaska. 2012 this bill passed the House unani- meet its residential needs, which it GENERAL LEAVE mously, and I am glad to see this legis- cannot do today, but also allow it to Mr. YOUNG of Alaska. Mr. Speaker, I lation is once again before this Cham- engage in more economic development, ask unanimous consent that all Mem- ber. The legislation is a collaborative which it desperately needs to do. bers may have 5 legislative days in effort between the City of Prineville, This water issue came to our atten- which to revise and extend their re- Crook County, local farmers, the tion initially because Facebook was marks and include extraneous material Deschutes River Conservancy, the Con- planning, and has since constructed, a on the bill under consideration. federated Tribes of Warm Springs, data center which they have now dou- The SPEAKER pro tempore. Is there among others. I am grateful for their bled in size. Apple is also constructing objection to the request of the gen- efforts in creating and moving this leg- a data center there. Both of them need tleman from Alaska? islation forward. This bill we have be- water for cooling. They have been able

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6852 CONGRESSIONAL RECORD — HOUSE October 29, 2013 to be more efficient about how they do b 1430 from Arizona (Mr. GRIJALVA) each will that, but they still need water. And control 20 minutes. ALASKA NATIVE TRIBAL HEALTH others will. The Chair recognizes the gentleman CONSORTIUM LAND TRANSFER Because the city would access the from Alaska. ACT water through the ground and not from GENERAL LEAVE directly behind the dam, the water ac- Mr. YOUNG of Alaska. Mr. Speaker, I Mr. YOUNG of Alaska. Mr. Speaker, I tually flows downstream in excess of move to suspend the rules and pass the ask unanimous consent that all Mem- about 20 miles, which is better for the bill (H.R. 623) to provide for the con- bers may have 5 legislative days to re- fish to have that much more water veyance of certain property located in vise and extend their remarks and in- going and released down the dam, and Anchorage, Alaska, from the United clude extraneous materials on the bill then the city would, through their un- States to the Alaska Native Tribal under consideration. derground pumps, pump the water out. Health Consortium, as amended. The SPEAKER pro tempore. Is there In dry years, particularly in the win- The Clerk read the title of the bill. objection to the request of the gen- ter, this higher release requirement The text of the bill is as follows: tleman from Alaska? would benefit fish and wildlife, includ- H.R. 623 There was no objection. ing the Blue Ribbon trout fishery Be it enacted by the Senate and House of Rep- Mr. YOUNG of Alaska. Mr. Speaker, I below Bowman Dam. And as I said, it resentatives of the United States of America in yield myself such time as I may con- fixes this problem with the wild and Congress assembled, sume. scenic designation and creates 50 jobs. SECTION 1. SHORT TITLE. H.R. 623 transfers by warranty deed a Additionally, the bill expedites the This Act may be cited as the ‘‘Alaska Native 2.79-acre parcel of federal land located McKay Creek restoration project. This Tribal Health Consortium Land Transfer Act’’. in Anchorage, Alaska, from the Indian is something we worked closely with SEC. 2. CONVEYANCE OF PROPERTY. Health Service to the Alaska Native the Warm Springs tribal leaders on be- (a) DEFINITIONS.—In this section: Tribal Health Consortium. This consor- cause it would increase water flows for (1) ANTHC.—The term ‘‘ANTHC’’ means the tium is a nonprofit authorized by Con- Alaska Native Tribal Health Consortium. redband trout and summer steelhead. gress to render health services to Alas- (2) PROPERTY.—The term ‘‘property’’ means ka Natives under a contract with the This project has long been supported the property described in subsection (d). by the Warm Springs tribes and the (3) SECRETARY.—The term ‘‘Secretary’’ means Indian Health Service. Deschutes River Conservancy, and so I the Secretary of Health and Human Services. The land has been used for parking to want to thank both Warm Springs and (b) CONVEYANCE.—As soon as practicable after accommodate nearby facilities run by Deschutes Conservancy for their work the date of enactment of this Act, but not later the consortium and the Indian Health on this issue and on, especially, McKay than 90 days after that date, the Secretary shall Service. It will be used to construct a Creek. It is a very good, commonsense convey to ANTHC all right, title, and interest of patient housing facility, thereby ex- the United States in and to the property for use conservation project. panding its capacity to offer vital in connection with health and related programs. health services for Alaska Native pa- So this is a good, commonsense, job- The Secretary’s conveyance of title by warranty creating bill. It is the culmination of deed under this section shall, on its effective tients, some of whom travel great dis- years of work in a collaborative effort. date, supersede and render of no future effect tances from rural areas to receive care. I want to thank the mayor of any quitclaim deed to the property described in Following a subcommittee hearing Prineville. Mayor Roppe has testified subsection (d) executed by the Secretary and on the bill in May, the Indian Health before the committee on a couple of oc- ANTHC. Service administratively conveyed the (c) CONDITIONS.—The conveyance of the prop- land to the consortium by quitclaim casions. Judge McCabe has been ter- erty under this Act— rific in helping us, as have been many deed. H.R. 623 remains necessary be- (1) shall be made by warranty deed; cause transferring the land by war- others as we have moved this forward. (2) shall not require any consideration from So this is a jobs bill that doesn’t cost ANTHC for the property; ranty deed provides cleaner title to the the government anything. It is a good, (3) shall not impose any obligation, term, or property than by quitclaim deed. clean water bill that helps the commu- condition on ANTHC; and The bill was also referred to the Com- nity provide jobs and take care of its (4) shall not allow for any reversionary inter- mittee on Energy and Commerce. The citizens, and it resolves a longstanding est of the United States in the property. chairman of that committee, Mr. (d) DESCRIPTION OF PROPERTY.—The property issue that has been a problem for this UPTON, has kindly foregone action on (including all improvements thereon and appur- the bill in the interest of expediting it area. Actually, this debate has gone on tenances thereto) to be conveyed under this Act since Mark Hatfield was in the Senate for consideration on the House floor. I is described as follows: Tract A-3A, Tudor Cen- thank him for his cooperation and have back in the 1970s. So I appreciate the tre, according to plat no. 2013-43, recorded on committee’s diligent efforts on this June 20, 2013 in Anchorage recording district, an exchange of letters memorializing and the bipartisan way we are moving Alaska. our agreement. CBO estimates that forward on this piece of legislation. (e) ENVIRONMENTAL LIABILITY.— H.R. 623 would have no significant im- (1) IN GENERAL.—Notwithstanding any other pact on the Federal budget and would With that, Mr. Speaker, I ask for provision of Federal law, ANTHC shall not be not affect direct spending on revenues. your unanimous support of this bill. liable for any soil, surface water, groundwater, H.R. 623 is non-controversial, and I Mr. YOUNG of Alaska. I thank the or other contamination resulting from the dis- hope the House will pass it. gentleman for his presentation. He has posal, release, or presence of any environmental I reserve the balance of my time. done an excellent job. contamination, including any oil or petroleum HOUSE OF REPRESENTATIVES, I reserve the balance of my time. product, any hazardous substance, hazardous COMMITTEE ON ENERGY AND COMMERCE, Mr. GRIJALVA. Mr. Speaker, we material, hazardous waste, pollutant, toxic substance, solid waste, or any other environmental Washington, DC, October 1, 2013. have no further speakers, and I yield contamination or hazard as defined in any Fed- Hon. DOC HASTINGS, back the balance of my time. eral or State law, on the property on or before Chairman, Committee on Natural Resources, Mr. YOUNG of Alaska. I have no fur- the date on which the property was conveyed by Longworth House Office Building, Wash- ther speakers. quitclaim deed. ington, DC. DEAR CHAIRMAN HASTINGS, I write con- I yield back the balance of my time. (2) EASEMENT.—The Secretary shall be ac- corded any easement or access to the property cerning H.R. 623, Alaska Native Tribal The SPEAKER pro tempore. The Health Consortium Land Transfer Act, which question is on the motion offered by as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. was ordered to be reported out of your Com- the gentleman from Alaska (Mr. (3) NOTICE OF HAZARDOUS SUBSTANCE ACTIVITY mittee on July 31, 2013. I wanted to notify YOUNG) that the House suspend the AND WARRANTY.—In carrying out this Act, the you that the Committee on Energy and Com- rules and pass the bill, H.R. 2640. Secretary shall comply with subparagraphs (A) merce will forgo action on H.R. 623 so that it The question was taken; and (two- and (B) of section 120(h)(3) of the Comprehen- may proceed expeditiously to the House floor thirds being in the affirmative) the sive Environmental Response, Compensation, for consideration. and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). This is done with the understanding that rules were suspended and the bill was the Committee on Energy and Commerce is passed. The SPEAKER pro tempore. Pursu- not waiving any of its jurisdiction, and the A motion to reconsider was laid on ant to the rule, the gentleman from Committee will not in any way be prejudiced the table. Alaska (Mr. YOUNG) and the gentleman with respect to the appointment of conferees

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6853 or its jurisdictional prerogatives on this or tient housing, H.R. 623 transfers the tinguished themselves in aerial flight, similar legislation. parcel to the consortium by warranty whether documentation of such members I would appreciate your response to this deed. This removes future complica- who earned the Distinguished Flying Cross letter, confirming this understanding, and tions and guarantees there will be no exists or not. ask that a copy of our exchange of letters on (b) DESIGNATION.—The memorial to mem- this matter be included in the Congressional hiccups in the development of addi- bers of the Armed Forces who have been Record during consideration of H.R. 623 on tional patient housing at the Anchor- awarded the Distinguished Flying Cross, lo- the House floor. age site. cated at March Field Air Museum in River- Sincerely, We support H.R. 623 and urge its pas- side, California, is hereby designated as the FRED UPTON, sage by the House today. Distinguished Flying Cross National Memo- Chairman. I yield back the balance of my time. rial. Mr. YOUNG of Alaska. Mr. Speaker, I (c) EFFECT OF DESIGNATION.—The national HOUSE OF REPRESENTATIVES, want to thank the gentleman for com- memorial designated by this section is not a COMMITTEE ON NATURAL RESOURCES, unit of the National Park System, and the Washington, DC, October 10, 2013. menting on this bill and supporting it, designation of the national memorial shall Hon. FRED UPTON, and I yield back the balance of my not be construed to require or permit Fed- Chairman, Committee on Energy and Commerce, time. eral funds to be expended for any purpose re- Washington, DC. The SPEAKER pro tempore. The lated to the national memorial. DEAR MR. CHAIRMAN: Thank you for your question is on the motion offered by The SPEAKER pro tempore. Pursu- letter regarding H.R. 623, the Alaska Native the gentleman from Alaska (Mr. ant to the rule, the gentleman from Tribal Health Consortium Land Transfer YOUNG) that the House suspend the Alaska (Mr. YOUNG) and the gentleman Act. As you know, the Committee on Nat- rules and pass the bill, H.R. 623, as ural Resources ordered reported the bill, as from Arizona (Mr. GRIJALVA) each will amended, on July 31, 2013. I appreciate your amended. control 20 minutes. support in bringing this legislation before The question was taken; and (two- The Chair recognizes the gentleman the House of Representatives, and accord- thirds being in the affirmative) the from Alaska. ingly, understand that the Committee on En- rules were suspended and the bill, as GENERAL LEAVE ergy and Commerce will forego action on the amended, was passed. Mr. YOUNG of Alaska. Mr. Speaker, I bill. A motion to reconsider was laid on ask unanimous consent that all Mem- The Committee on Natural Resources con- the table. curs with the mutual understanding that by bers may have 5 legislative days to re- foregoing consideration of H.R. 623 at this f vise and extend their remarks and in- time, the Committee on Energy and Com- DISTINGUISHED FLYING CROSS clude extraneous materials on the bill merce does not waive any jurisdiction over NATIONAL MEMORIAL ACT under consideration. the subject matter contained in this or simi- The SPEAKER pro tempore. Is there lar legislation. In addition, should a con- Mr. YOUNG of Alaska. Mr. Speaker, I objection to the request of the gen- ference on the bill be necessary, I would sup- move to suspend the rules and pass the tleman from Alaska? port your request to have the Committee on bill (H.R. 330) to designate a Distin- There was no objection. Energy and Commerce represented on the guished Flying Cross National Memo- Mr. YOUNG of Alaska. Mr. Speaker, I conference committee. Finally, I would be rial at the March Field Air Museum in yield myself such time as I may con- pleased to include your letter and this re- Riverside, California. sume. sponse in the bill report filed by the Com- The Clerk read the title of the bill. H.R. 330 designates the memorial lo- mittee on Natural Resources, as well as in The text of the bill is as follows: the Congressional Record during floor con- cated at March Field Air Museum in sideration, to memorialize our under- H.R. 330 Riverside, California, as the Distin- standing. Be it enacted by the Senate and House of Rep- guished Flying Cross National Memo- Thank you for your cooperation. resentatives of the United States of America in rial in honor of current and former Sincerely, Congress assembled, members of the Armed Forces who DOC HASTINGS, SECTION 1. SHORT TITLE. have been awarded the Distinguished Chairman. This Act may be cited as the ‘‘Distin- Flying Cross. Mr. GRIJALVA. Mr. Speaker, I yield guished Flying Cross National Memorial This national memorial will not be a Act’’. myself such time as I may consume. unit of the National Park System, and (Mr. GRIJALVA asked and was given SEC. 2. DESIGNATION OF DISTINGUISHED FLYING CROSS NATIONAL MEMORIAL IN RIV- the designation does not require or per- permission to revise and extend his re- ERSIDE, CALIFORNIA. mit any expenditures of Federal funds. marks.) (a) FINDINGS.—Congress finds the fol- I urge my colleagues to support H.R. Mr. GRIJALVA. Mr. Speaker, the lowing: 330, which has passed the House as part Alaska Native Tribal Health Consor- (1) The most reliable statistics regarding of the most recent Department of De- tium was established in 1997 to provide the number of members of the Armed Forces fense authorization bill, as well as a health services to Alaska Natives. who have been awarded the Distinguished stand-alone bill in the 112th Congress Flying Cross indicate that 126,318 members Based in Anchorage, the consortium by a vote of 392–1. now serves over 130,000 patients from of the Armed Forces received the medal during World War II, approximately 21,000 mem- I reserve the balance of my time. all over the State. bers received the medal during the Korean Mr. GRIJALVA. Mr. Speaker, I yield H.R. 623 conveys 2.79 acres of Federal conflict, and 21,647 members received the myself such time as I may consume. land in Anchorage, Alaska, to the con- medal during the Vietnam War. Since the (Mr. GRIJALVA asked and was given sortium. The parcel will be used to con- end of the Vietnam War, more than 203 permission to revise and extend his re- struct patient housing for visiting pa- Armed Forces members have received the marks.) tients, allowing continued growth so medal in times of conflict. Mr. GRIJALVA. H.R. 330, designates that the Anchorage facilities can meet (2) The National Personnel Records Center the memorial at the March Field Air the health care needs of more and more in St. Louis, Missouri, burned down in 1973, Museum in Riverside, California, as the people from rural Alaska. Some pa- and thus many more recipients of the Distin- Distinguished Flying Cross National guished Flying Cross may be undocumented. tients travel long distances to access Currently, the Department of Defense con- Memorial. health care facilities in Anchorage. tinues to locate and identify members of the The memorial to recipients of the H.R. 623 helps ensure that traveling pa- Armed Forces who have received the medal U.S. Air Force’s Distinguished Flying tients are not burdened with finding and are undocumented. Cross was dedicated on October 27, 2010, their own accommodations. This is an (3) The United States currently lacks a na- and since then, it stands as a proud important component of making sure tional memorial dedicated to the bravery symbol of remembrance and honor for that all Native Alaskans have access to and sacrifice of those members of the Armed all members of the U.S. Armed Forces equitable health care. Forces who have distinguished themselves by who have demonstrated heroism or ex- I am happy to report that the Indian heroic deeds performed in aerial flight. traordinary achievement. (4) An appropriate memorial to current and The Distinguished Flying Cross is the Health Service transferred the parcel former members of the Armed Forces is in question by quitclaim deed on June under construction at March Field Air Mu- oldest military award for aviation, but 20 of this year. seum in Riverside, California. there is no national memorial to recog- While the consortium is now able to (5) This memorial will honor all those nize the sacrifice and commitment of start planning and preparation for pa- members of the Armed Forces who have dis- these brave men and women.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6854 CONGRESSIONAL RECORD — HOUSE October 29, 2013 We support H.R. 330 and urge its pas- ety’s president, Chuck Sweeney; and LAKE HILL ADMINISTRATIVE SITE sage by the House today. the society’s historian, Dr. Barry AFFORDABLE HOUSING ACT I reserve the balance of my time. Lanman, who was instrumental in this Mr. YOUNG of Alaska. Mr. Speaker, I Mr. YOUNG of Alaska. Mr. Speaker, I effort. move to suspend the rules and pass the yield as much time as he may consume Again, I hope you will join me in sup- bill (H.R. 2337) to provide for the con- to the gentleman from California (Mr. porting the designation of the Distin- veyance of the Forest Service Lake CALVERT), the author of the bill, an guished Flying Cross National Memo- Hill Administrative Site in Summit outstanding Member from California. rial at the March Field Air Museum County, Colorado. Mr. CALVERT. I thank the gen- and H.R. 330. The Clerk read the title of the bill. tleman from Alaska. Mr. GRIJALVA. Mr. Speaker, I yield The text of the bill is as follows: Mr. Speaker, I rise in support of H.R. as much time as he may consume to 330, a bill to designate a national Dis- H.R. 2337 the gentleman from Riverside, Cali- tinguished Flying Cross memorial in Be it enacted by the Senate and House of Rep- fornia (Mr. TAKANO), an original spon- resentatives of the United States of America in Riverside, California. Congress assembled, The memorial honors all current and sor of this legislation. former members of the Armed Forces Mr. TAKANO. I thank the gentleman SECTION 1. SHORT TITLE. from Arizona for yielding time. This Act may be cited as the ‘‘Lake Hill who have been awarded the Distin- Administrative Site Affordable Housing guished Flying Cross. Mr. Speaker, I rise today to support Act’’. For the past two Congresses, the the Distinguished Flying Cross Na- SEC. 2. DEFINITIONS. House has overwhelmingly passed this tional Memorial Act, which would des- In this Act: bill, and today I stand again in support ignate the Distinguished Flying Cross (1) COUNTY.—The term ‘‘County’’ means of H.R. 330, which would designate the Memorial currently under construction Summit County, Colorado. memorial at March Field Air Museum at March Air Field Museum in River- (2) LAKE HILL ADMINISTRATIVE SITE.—The as the Distinguished Flying Cross Na- side County as a national memorial. term ‘‘Lake Hill Administrative Site’’ means tional Memorial. the parcel of approximately 40 acres of Na- Established by Congress in 1926, the tional Forest System land in the County, as The legislation is supported by the Distinguished Flying Cross has been Distinguished Flying Cross Society, depicted on the map entitled ‘‘Lake Hill Ad- awarded to tens of thousands of Ameri- ministrative Site’’ and dated June 2012. the Military Officers Association of cans and gives recognition to members (3) SECRETARY.—The term ‘‘Secretary’’ America, the Air Force Association, of our Armed Forces for heroism in means the Secretary of Agriculture. the Air Force Sergeants Association, aerial flight. This legislation could not SEC. 3. CONVEYANCE OF FOREST SERVICE LAKE the Association of Naval Aviation, the be more important as there is no na- HILL ADMINISTRATIVE SITE, SUM- Vietnam Helicopter Pilots Association, tional memorial for these brave men MIT COUNTY, COLORADO. and the China-Burma-India Veterans (a) CONVEYANCE AUTHORITY.—Upon receipt and women. I believe that it is our of an offer from the County in which the Association. I would like to point out duty to properly honor our heroes for that the language in the bill specifi- County agrees to the condition imposed by their service. subsection (c), the Secretary shall use the cally states that the designation shall In addition to its bipartisan support, authority provided by the Forest Service Fa- not be construed to require or permit this legislation also has the backing of cility Realignment and Enhancement Act of Federal funds to be expended for any countless veterans and military organi- 2005 (Public Law 109–54; 16 U.S.C. 580d note) purpose related to the national memo- zations, including the Distinguished to convey to the County all right, title, and interest of the United States in and to the rial. Funds have been and will continue Flying Cross Society, the Military Offi- to be raised through private means for Forest Service Lake Hill Administrative cers Association of America, the Air Site. these purposes. Force Association, the Air Force Ser- Distinguished Flying Cross recipients (b) APPLICATION OF LAW.— geants Association, the Association of (1) TREATMENT AS ADMINISTRATIVE SITE.— have received the prestigious medal for Naval Aviation, and the Vietnam Heli- The Lake Hill Administrative Site is consid- their heroism or extraordinary copter Pilots Association. ered to be an administrative site under sec- achievement while participating in tion 502(1)(A) of the Forest Service Facility aerial flight while serving in any ca- I was proud to introduce this legisla- Realignment and Enhancement Act of 2005 pacity within the United States Armed tion with my Republican colleague (Public Law 109–54; 16 U.S.C. 580d note). Forces. There are many well-known from the Inland Empire, Representa- (2) EXCEPTION.—Section 502(1)(C) of that people that have played a vital role in tive KEN CALVERT, and hope we can Act does not apply to the conveyance of the the history of military aviation that continue to work together on issues Lake Hill Administrative Site. (c) COSTS.—The County shall be respon- have received the award. This re- such as this because our region has deep military roots. sible for processing and transaction costs renowned group includes Captain Charles lated to the direct sale under subsection (a). L. Lindbergh, former President George I would also like to express my grati- (d) PROCEEDS.—Proceeds received from the H.W. Bush, Brigadier General Jimmy tude to California Senators BARBARA conveyance pursuant to subsection (a) shall Doolittle, General Curtis LeMay, Sen- BOXER and DIANNE FEINSTEIN, along be available, without further appropriation ator JOHN MCCAIN, Senator George with Senator BILL NELSON of Florida, and until expended, for capital improvement McGovern, Jimmy Stewart, and Admi- who introduced the Senate version of and maintenance of Forest Service facilities ral Jim Stockdale, just to name a few. this bill. in Region 2 of the United States Forest Serv- ice. The March Air Reserve Base, which Let’s honor these heroes, Mr. Speak- hosts the C–17As of the 452nd Air Mo- er, and pass the Distinguished Flying The SPEAKER pro tempore. Pursu- bility Wing, is adjacent to the location Cross National Memorial Act. ant to the rule, the gentleman from Alaska (Mr. YOUNG) and the gentleman of the memorial at March Field Air Mr. GRIJALVA. Mr. Speaker, I yield from Arizona (Mr. GRIJALVA) each will Museum. Visitors are able to witness back the balance of my time. active operational air units providing control 20 minutes. Mr. YOUNG of Alaska. Mr. Speaker, I The Chair recognizes the gentleman support to our troops around the world, yield back the balance of my time. which is an appropriate setting that from Alaska. honors the many aviators who have The SPEAKER pro tempore. The GENERAL LEAVE distinguished themselves by deeds per- question is on the motion offered by Mr. YOUNG of Alaska. Mr. Speaker, I formed in aerial flight. the gentleman from Alaska (Mr. ask unanimous consent that all Mem- I would like to thank those who have YOUNG) that the House suspend the bers may have 5 legislative days to re- worked tirelessly to ensure this memo- rules and pass the bill, H.R. 330. vise and extend their remarks and in- rial was built and is properly des- The question was taken; and (two- clude extraneous materials on the bill ignated in honor of the distinguished thirds being in the affirmative) the under consideration. aviators who have served this great Na- rules were suspended and the bill was The SPEAKER pro tempore. Is there tion. In particular, I would like to rec- passed. objection to the request of the gen- ognize Jim Champlin; his late wife, A motion to reconsider was laid on tleman from Alaska? Trish; Distinguished Flying Cross Soci- the table. There was no objection.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6855 Mr. YOUNG of Alaska. Mr. Speaker, I People who work in our thriving rado. Latino households have doubled yield myself such time as I may con- mountain communities need to be able during the last decade, now comprising sume. to live near where they work, to be 15 percent of the county’s population. H.R. 2337 authorizes the Forest Serv- able to get their cars and vehicles off There is a real need for affordable ice to convey approximately 40 acres of the road. For families to be able to af- housing options to meet the demands the White River National Forest to ford to live in the area, it is an abso- of our growing workforce and the needs Summit County, Colorado. lutely critical need that the Summit of our economy, a need that will only The parcel, sandwiched between County Commissioners, as well as our become more urgent over time. Interstate 70 and a local highway and municipalities, as well as others, have A lot of work remains to be done to largely isolated from the rest of the come to the table around finding a put together the community partner- White River National Forest, would be real-life solution. ship to look at the design elements and utilized by Summit County to con- This bill is the first step. H.R. 2337 how this will work for the community, struct affordable workforce housing. conveys a 40-acre parcel in the White but this critical step can only occur This conveyance would benefit both River National Forest, known as the here in the United States Congress, the county and the Forest Service by Lake Hill site, to Summit County for which is the transference of the Lake eliminating the agency’s management fair market value. Summit County will Hill site. over this isolated parcel. pay for all of the administrative costs It will be a perfect setting for afford- I urge my colleagues to support this associated with the conveyance. able housing. The property is located legislation and reserve the balance of As a result, the Congressional Budget in the heart of Summit County, be- my time. Office estimates that this bill has no tween the towns of Frisco and Dillon, Mr. GRIJALVA. Mr. Speaker, I yield cost. In fact, proceeds from the sale and near free public transit that is al- myself such time as I may consume. will support much-needed U.S. Forest ready available. (Mr. GRIJALVA asked and was given Service facility improvements and This bill is a win-win. It adds afford- permission to revise and extend his re- maintenance, which is absolutely crit- able housing options, while providing marks.) ical to be able to do their job as stew- funding for the U.S. Forest Service to Mr. GRIJALVA. Mr. Speaker, H.R. ards of our Federal lands, which is one improve Forest Service administrative 2337 conveys the approximately 40-acre of our main economic drivers for jobs, facilities. Forest Service Lake Hill administra- as well as a quality lifestyle in Summit I urge my colleagues to support this tive site in the White River National County. essential legislation that contributes Forest to Summit County, Colorado. This bill had input from a variety of to the well-being of Summit County The Forest Service has established local stakeholders, received broad com- and our greater community. that the site has lost its national for- munity support from the towns of Dil- Mr. GRIJALVA. Mr. Speaker, I yield est character and is severed from the lon and Frisco, from Summit County, back the balance of my time. rest of the White River National For- from local environmental organiza- Mr. YOUNG of Alaska. Mr. Speaker, I est. tions and businesses. Summit County will use the site to yield back the balance of my time. In July, the House Natural Resources The SPEAKER pro tempore. The construct workforce housing, a need Committee approved the bill by unani- identified by the county. Summit question is on the motion offered by mous consent; and our Senators, MARK County will cover all costs associated the gentleman from Alaska (Mr. UDALL and MICHAEL BENNET, have in- with the conveyance, and the Forest YOUNG) that the House suspend the troduced a companion bill, S. 1305, rules and pass the bill, H.R. 2337. Service will be able to use any proceeds which, hopefully, will be considered in to address regional forest management The question was taken; and (two- committee in the weeks ahead. thirds being in the affirmative) the issues. This Lake Hill site was selected for H.R. 2337 is a great example of the rules were suspended and the bill was sale because the property no longer has passed. Federal government working with national forest character. The parcel is local governments to identify and solve A motion to reconsider was laid on isolated from other U.S. Forest Service the table. common problems. land. It sits between an interstate to b 1445 the north, a highway to the south, and f Congressman POLIS is to be com- condominiums to the west. The parcel was heavily logged and RETAIL INVESTOR PROTECTION mended for his leadership in addressing ACT the needs of his constituents using a has unsightly infrastructure. As a re- commonsense, practical solution. We sult, it is no longer suitable for wildlife Mr. HENSARLING. Mr. Speaker, pur- support the legislation and urge its habitat or recreation purposes, but it is suant to House Resolution 391, I call up passage. ideally suitable for additional housing the bill (H.R. 2374) to amend the Secu- Mr. GRIJALVA. Mr. Speaker, I yield to reflect the needs of our growing rities Exchange Act of 1934 to provide as much time as he may consume to community. protections for retail customers, and the gentleman from Colorado (Mr. Fortunately, Lake Hill can provide a for other purposes, and ask for its im- POLIS), the sponsor of this legislation. great community purpose. Affordable mediate consideration. Mr. POLIS. Mr. Speaker, I want to housing availability is a critical prob- The Clerk read the title of the bill. thank the chair and the ranking mem- lem in Summit County. Increasingly, The SPEAKER pro tempore. Pursu- ber for their hearing, as well as the families that work in Summit County ant to House Resolution 391, in lieu of support of this bill. are having a harder and harder time the amendment in the nature of a sub- For those of us who represent areas living in Summit County. stitute recommended by the Com- of the country where the Federal Gov- During the winter, approximately mittee on Financial Services printed in ernment is a major landowner, it is ab- one-third of the Summit County work- the bill, an amendment in the nature of solutely critical to be able to work force has to commute into the county, a substitute consisting of the text of with this body to have the flexibility sometimes 45-minute, hour-long com- Rules Committee Print 113–23 is adopt- we need to meet the needs of our com- mutes, because local housing prices are ed, and the bill, as amended, is consid- munity. too high for many people who work in ered read. This legislation is the product of a the community to be able to afford to The text of the bill, as amended, is as community-driven effort in Summit live there. In fact, nearly 40 percent of follows: County where they were able to take a Summit County residents are paying H.R. 2374 look at the 40-acre parcel, saw that it more for housing than they can afford. Be it enacted by the Senate and House of Rep- no longer had the characteristics of There is also a substantial housing resentatives of the United States of America in wildlife habitat or recreation, but it gap in the face of a growing population. Congress assembled, was ideally situated for housing for a Over the last decade, the number of SECTION 1. SHORT TITLE. community, which is a real need in seniors increased faster in Summit This Act may be cited as the ‘‘Retail Investor Summit County. County than any other county in Colo- Protection Act’’.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6856 CONGRESSIONAL RECORD — HOUSE October 29, 2013 SEC. 2. STAY ON RULES DEFINING CERTAIN FIDU- There was no objection. sitting around their kitchen tables CIARIES. Mr. HENSARLING. Mr. Speaker, I struggling to save and invest in order After the date of enactment of this Act, the yield myself as much time as I may to make ends meet. Every day, mil- Secretary of Labor shall not prescribe any regulation under the Employee Retirement Income consume. lions of them turn to financial profes- Security Act of 1974 (29 U.S.C. 1001 et seq.) de- Mr. Speaker, at a time that the sionals for advice. fining the circumstances under which an indi- American people demand and deserve Yet here comes from Washington reg- vidual is considered a fiduciary until the date that Democrats and Republicans work ulations that will make that advice ei- that is 60 days after the Securities and Ex- together to fix real problems in our Na- ther unavailable or unaffordable, so change Commission issues a final rule relating tion, today this body has the oppor- fewer Americans will get the advice to standards of conduct for brokers and dealers tunity to do just that. they need. That is unfair. pursuant to the second subsection (k) of section Today the House will consider H.R. Let me provide you just a couple of 15 of the Securities Exchange Act of 1934 (15 2374, the Retail Investor Protection examples, Mr. Speaker. Under the cur- U.S.C. 78o(k)). Act. The bill has strong support from rent suitability standard, an investor SEC. 3. AMENDMENTS TO THE SECURITIES EX- CHANGE ACT OF 1934. both Democrats and Republicans. In can have an account with a low-cost, The second subsection (k) of section 15 of the fact, it passed the Financial Services online broker with whom he or she can Securities Exchange Act of 1934 (15 U.S.C. Committee earlier this year on a both make trades and get investment 78o(k)), as added by section 913(g)(1) of the strong bipartisan recorded vote, includ- advice. Dodd-Frank Wall Street Reform and Consumer ing half—half—of our committee’s Due to technological advances and Protection Act (12 U.S.C. 5301 et seq.), is amend- Democrats. the relatively low costs associated with ed by adding at the end the following: H.R. 2374 will ensure that hard- operating an online platform, these ‘‘(3) REQUIREMENTS PRIOR TO RULEMAKING.— working families and individuals brokers can offer trades and invest- The Commission shall not promulgate a rule ment advice for as little as $7. pursuant to paragraph (1) before— throughout our country who are trying ‘‘(A) identifying if retail customers (and such to save for their retirements, save for But should a fiduciary standard be other customers as the Commission may by rule their children’s college education, sav- applied to these online brokers, the im- provide) are being systematically harmed or dis- ing for their first home are not harmed pact on investors could be one or all of advantaged due to brokers or dealers operating by confusing, costly regulations com- the following: higher fees per trade, under different standards of conduct than those ing out of Washington. higher fees for investment advice, or standards that apply to investment advisors Mr. Speaker, all Americans know brokers may simply stop providing this under section 211 of the Investment Advisers Act investment advice to less affluent cus- of 1940 (15 U.S.C. 80b–11); and that a flood of Washington red tape has hurt our economy. That is why tens of tomers altogether. That is not fair. ‘‘(B) identifying whether the adoption of a Take the example of the single moth- uniform fiduciary standard of care for brokers millions of our fellow countrymen reer who supports her mother and wants or dealers and investment advisors would ad- main either unemployed or under- to save for her daughter’s college edu- versely impact retail investor access to personal- employed. Unfortunately, even more ized investment advice, recommendations about cation. She has finally saved enough regulations are on the way. money to open up an IRA with $2,000 in securities, or the availability of such advice and Specifically, today, Mr. Speaker, we recommendations. savings. are here speaking about the Securities ‘‘(4) REQUIREMENTS FOR PROMULGATING A But we know that should these rules RULE.—The Commission shall publish in the Exchange Commission and the Depart- continue to be promulgated, with these Federal Register alongside the rule promulgated ment of Labor, which are headed to- new Washington regulations, well, this pursuant to paragraph (1) formal findings that ward proposing two massive and incon- lady may just be told she now needs such rule would reduce the confusion of a retail sistent rulemakings that are going to $25,000 in order to open up the very customer (and such other customers as the Com- hurt the ability of retail investors to mission may by rule provide) about standards of same account. get financial advice that they need for Again, Mr. Speaker, patently unfair. conduct applicable to brokers, dealers, and in- their portion of the American Dream. vestment advisors. How about a middle-aged father who ‘‘(5) REQUIREMENTS UNDER INVESTMENT ADVIS- Mr. Speaker, retail investors are not works with a financial professional. He ERS ACT OF 1940.—In proposing rules under para- big-time professionals on Wall Street. wants the professional to get him ac- graph (1) for brokers or dealers, the Commission Retail investors had no role in causing cess to products and ideas, instead of shall consider the differences in the registration, the financial crisis, and they should managing his investment portfolio for supervision, and examination requirements ap- not be punished for it which, regret- him. He wants to trade individual plicable to brokers, dealers, and investment ad- tably, this rulemaking could do. bonds, but potential regulations might visors.’’. Rather, retail investors are ordinary, not allow the financial professional to The SPEAKER pro tempore. After 1 hardworking citizens from all of our offer him bonds on a principal basis. hour of debate on the bill, as amended, congressional districts who buy and So the result? The father either gets it shall be in order to consider the fur- sell securities for themselves, their worse execution prices or ends up pay- ther amendment printed in House Re- families and their futures, not for a ing a whole lot more for his invest- port 113–253, if offered by the gen- company. ments. tleman from California (Mr. GEORGE And in this struggling economy, Fortunately, one of our colleagues MILLER) or his designee, which shall be when people who need help most, what has stepped up to the table. The gentle- considered read and shall be separately are the SEC and the Department of lady from Missouri (Mrs. WAGNER) has debatable for 20 minutes equally di- Labor planning to do? They are plan- introduced a commonsense bill, the Re- vided and controlled by the proponent ning to make it harder and more ex- tail Investor Protection Act, and I and and an opponent. pensive for these Americans to get the the rest of the committee who have The gentleman from Texas (Mr. HEN- financial advice that they both want voted for it congratulate her for her SARLING) and the gentlewoman from and need. great work. California (Ms. WATERS) each will con- Perhaps even more incredibly, the This bill would require the SEC to trol 30 minutes. SEC, the Securities and Exchange first consider the potential impacts its The Chair recognizes the gentleman Commission, is moving forward with proposed regulation will have on inves- from Texas. this new regulation even though the tors, especially those with low and GENERAL LEAVE agency has failed to provide any evi- moderate incomes who would lose ac- Mr. HENSARLING. Mr. Speaker, I dence that it would better protect in- cess to personalized investment advice ask unanimous consent that all Mem- vestors. that they need. bers may have 5 legislative days within So the Securities and Exchange Com- Second, the bill would require coordi- which to revise and extend their re- mission apparently is going to regulate nation between the SEC and the De- marks and include extraneous material first, ask questions later. This makes partment of Labor. These Washington in the RECORD on H.R. 2374, currently no sense for millions of struggling agencies will have to sequence their under consideration. Americans trying to save for the fu- rulemakings, with the SEC going first, The SPEAKER pro tempore. Is there ture. so there will be no inconsistent rules objection to the request of the gen- Mr. Speaker, again, we know that that end up confusing and costing in- tleman from Texas? millions of middle class families are vestors.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6857 The Retail Investor Protection Act This is particularly important as many With each passing day, countless that we are debating today will avoid retail customers are unaware of the Americans feel they are falling further regulatory conflict between the SEC differences in the standards of care behind. In these difficult times, work- and the Department of Labor. It is as that various professionals owe them. ing families shouldn’t need to fear yet simple as that. Both agencies have been making another regulatory scheme that will Mr. Speaker, even the SEC itself ac- progress with their rules, collecting make it more difficult to rebuild their knowledges that the cost of its regula- the necessary data and responding to retirement savings. That is why I sup- tion could ultimately be passed on to stakeholder concerns about preserving port the Retail Investor Protection retail investors in the form of higher access to investment advice, particu- Act, legislation that will force the De- fees or lost access to services and prod- larly for individuals with small ac- partment of Labor to hit the brakes on ucts—yet, again, unfair. counts. sweeping changes to the way workers It is not what Americans need. It is Given these facts, H.R. 2374 is the save for retirement. not what they deserve, especially as wrong approach. This legislation For many Americans, investing in a our economy remains in the throes of makes it significantly more difficult retirement plan can be confusing and, the weakest, slowest nonrecovery of for both the SEC and the Department frankly, intimidating. Workers want to the last 70 years. to move forward. know their hard-earned dollars are Mr. Speaker, I urge my colleagues to First, the provision requiring the managed wisely and in a way that pass this bipartisan bill, again, a bipar- SEC to do a new study, another study could lead to financial security in their tisan bill that passed with half of the documenting that investors are being retirement years. Democrats on the Financial Service systemically harmed or disadvantaged Investment professionals provide a Committee choosing to support this under the existing standard, creates a crucial service to those who want to commonsense legislation. H.R. 2374 will high hurdle for the Commission to plan for their retirement yet lack the help struggling American families get overcome. The purpose of this provi- time and expertise to manage an in- the financial assistance they want and sion is to impose further roadblocks be- vestment portfolio. All investment ad- deserve. fore the Commission can take any ac- visers should be well trained, adhere to Mr. Speaker, I reserve the balance of tion, providing another avenue for in- the highest ethical standards, and pro- my time. dustry to sue the SEC. mote the best interests of their clients. Secondly, H.R. 2374 would prohibit b 1500 Rules governing the actions of par- the Labor Department from modern- ticular investment advisers, also Ms. WATERS. Mr. Speaker, I yield izing the fiduciary duty standard under known as fiduciaries, have helped pro- myself such time as I may consume. ERISA and the Tax Code until the SEC vide workers with certainty for dec- I strongly oppose H.R. 2374, the bill issued their rule. This provision would ades. However, since 2010, the Labor inappropriately entitled the Retail In- represent a historic abrogation of the Department has tried to expand the vestor Protection Act. Quite the oppo- Department’s unique authority, and in definition and duties of a fiduciary and, site. H.R. 2374 hinders the Labor De- spite of whatever pressing need for an in the process, diminished that cer- partment and the Securities and Ex- updated rule. tainty. change Commission from protecting Finally, H.R. 2374 seems premised on While we support looking for ways to the average retail investor when they the faulty notion that the Department modernize current fiduciary regula- save for retirement. and the SEC are not coordinating tions, the Department’s recent pro- For the last 2 years, the Labor De- when, in fact, staff have regular ongo- posal threatens to drive up costs, re- partment has been updating an out- ing SEC-DOL staff meetings; in addi- strict investment opportunities, and dated rule regarding the fiduciary re- tion, leadership meetings, as well as a harm efforts to educate workers about sponsibility owed to employee benefit memorandum of understanding to responsible retirement planning. plans under the Employee Retirement share information on retirement and Despite bipartisan concerns, Depart- Income Security Act of 1974, ERISA, investment matters. ment officials are still pursuing this and for Individual Retirement Ac- On behalf of millions of consumers, flawed approach behind closed doors. counts, IRAs, under the Tax Code. retirees, and investors, several organi- H.R. 2374 will force the Department of Today retirees are more likely to zations, including the AARP, the Con- Labor to abandon this misguided effort rely on 401(k)s than IRAs and are less sumer Federation of America, the and help ensure any future attempt to likely to have defined benefit plans AFL–CIO, and Americans for Financial redefine ‘‘fiduciary’’ promotes the re- from their employers. At the same Reform all oppose this legislation. A tirement security of America’s work- time, financial products have become coalition of financial planning profes- ers. increasingly complex. The cost of rules sionals wrote that H.R. 2374 is a back- I want to thank Representative WAG- governing the rights of investors and door attempt to undermine investor NER, Chairman HENSARLING, and mem- the responsibilities of advisers are protection provisions in Dodd-Frank. bers of the House Financial Services more than 35 years old. DOL is at- In addition, SEC Chair White said in a Committee for their strong bipartisan tempting to modernize these rules in letter to the committee that H.R. 2374 leadership on this important issue. order to reflect the changing nature of would make it difficult for the Com- I urge my colleagues to support the the retirement marketplace. mission to adopt such a rule. Retail Investor Protection Act. Given these realities, it is necessary Simply put, H.R. 2374 just goes too Ms. WATERS. Mr. Speaker, I yield 3 for the Department to make sure that far. The bill holds the Labor Depart- minutes to the gentleman from Massa- the professionals offering retirement ment hostage while throwing out road- chusetts (Mr. LYNCH), a member of the advice have a duty to put their clients’ blocks for the SEC. Mr. Speaker, for Financial Services Committee. interests first before their own or, at these reasons, I urge a ‘‘no’’ vote on Mr. LYNCH. I thank the gentle- the very least, tell their customers this bill. woman for yielding. that they may be conflicted. I reserve the balance of my time. Mr. Speaker, I rise today in opposi- At the same time, the SEC is consid- Mr. HENSARLING. Mr. Speaker, it is tion to H.R. 2374, the so-called Retail ering moving forward on a rulemaking now my pleasure to yield 2 minutes to Investor Protection Act. Despite its in- that would impose a uniform fiduciary the gentleman from Minnesota (Mr. nocuous-sounding title, the intent of standard of conduct for broker-dealers KLINE), the distinguished chairman of this bill is not to protect investors, but and investment advisers consistent the Committee on Education and the to protect an outdated system that with the Dodd-Frank Act. This would Workforce. systematically weakens the average ensure that whatever the business Mr. KLINE. I thank the gentleman American’s retirement savings protec- model, if an individual is providing per- for yielding. tions. sonalized investment advice about se- Mr. Speaker, it has been 4 years since When Americans sit down across the curities to a retail customer, they the recession ended, yet economic table from a financial adviser and en- would have a duty to put that cus- growth is still anemic, job creation re- trust their retirement nest egg, they tomer’s interests before their own. mains sluggish, and wages are flat. expect the advice they receive to be

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6858 CONGRESSIONAL RECORD — HOUSE October 29, 2013 the best financial advice for them. over the imperiled balance sheet of our that there is much coordination going That is why when Congress created the Nation. It goes without saying that for on at all. This suggests that we are Employee Retirement Income Security a Nation that is $17 trillion in debt, heading toward a situation where rules Act in 1974, it did so with the express getting our Federal balance sheet come into conflict with one another, purpose of protecting employees and under control remains of extreme im- creating a great amount of confusion their dependents through robust disclo- portance for future generations of and cost for businesses and retail in- sure requirements and fiduciary stand- Americans. vestors. ards of care. We must also keep in mind these That brings us to H.R. 2374, the Re- But the quality of advice they re- days that it is not just the Federal bal- tail Investor Protection Act, which ceive is often dependent on whether ance sheet that is upside down. Indeed, passed the House Financial Services their adviser is an investment adviser the household balance sheet of Amer- Committee in June by a bipartisan or a broker-dealer, a distinction which ican families is under some of the vote of 44–13. To those who are just is really a reflection of an accident of greatest stress we have seen in decades. tuning in to this debate, it may help to chance that retail investors typically Median household income has declined understand exactly who it is we are are not aware of and do not fully un- by $2,400 since the previous recession talking about when we use the term derstand. ended in June of 2009. Millions of Amer- ‘‘retail investor.’’ Moreover, as employers have come to icans remain out of work, and an ‘‘Retail investor’’ could describe two back away from defined benefit pension alarming number of our fellow citizens young working parents that are trying plans to defined contribution plans like have flat-out given up on their search to figure out ways to save for that first 401(k)s, average workers more often are to find a job. Recent studies have home. It could describe a single mother on their own to weigh advice received shown that an alarming percentage of who has scraped together $1,000 to open directly from their financial adviser Americans do not have adequate sav- up an IRA or an educational account about how best to invest their retire- ings set aside for their retirement. The for her child. Or it could describe a new ment. The result is a retirement sav- fact is that many families in Missouri dad looking to set up an insurance pol- ings system in which many workers and all across the country are strug- icy for his family. often are unaware that they are turn- gling just to make it to the 15th and b 1515 ing over their savings to advisers who the 30th of every month, let alone find- may have no legal requirement what- ing the ability to put something away It is these Americans that will be ever to act in the worker’s best inter- for retirement or for a rainy day. hurt the most by overbearing and mis- est. Regrettably, despite all of these eco- guided rules that prohibit them from This bill before us today will make it nomic challenges, two Federal agencies making investments they both want harder for the Department of Labor are on a path towards making it even and desperately need. and the Securities and Exchange Com- harder for our fellow citizens to save So the underlying legislation is quite mission to protect workers’ retirement and invest money for the future. At simple. First, it requires that the De- savings at a time when expanding and issue are attempts by the Department partment of Labor wait for the SEC to strengthening those retirement savings of Labor and the SEC to increase the act before issuing new fiduciary rules. I and protections has never been more liability of financial professionals that would note that a recent letter from 10 important. provide services to hardworking fami- Democratic Senators to the Office of The average Social Security bene- lies all across our country. These new Management and Budget made this ficiary receives about $1,200 per month, rules are likely to impose tremendous very same request. or just under $15,000 per year, rep- new burdens on Main Street businesses Second, the legislation requires that resenting just 41 percent of required and will take choices away from hard- the SEC identify whether investors are pre-retirement income. With the cost working families who understand bet- being harmed or disadvantaged under of services for retirees—such as health ter than anyone else what investments current regulations. In other words, care, food, and other essentials—con- are in their ‘‘best interest.’’ the SEC would have to identify a prob- tinuing to go up, it is more important For example, when the Department lem it is trying to address. The SEC than ever that Americans have robust of Labor originally proposed the new would also have to identify whether retirement savings to supplement the ‘‘fiduciary’’ rules in 2010, it was pointed new rules would restrict investor ac- modest benefit that Social Security out by several commentators and by cess to financial products and services now guarantees. Republicans and Democrats in Con- and show that any final rule would ac- Unfortunately, this bill before the gress that the likely result would not tually reduce any confusion investors House today takes us in the opposite have been enhanced investor protec- have over standards of conduct within direction in order to protect its status tion. Rather, scores of low- and mod- the industry. quo. That is why AARP opposes this erate-income Americans would have In short, this bill brings much-needed bill. That is why the AFL–CIO opposes suddenly found themselves unable to checks and balances to a regulatory this bill. That is why the Consumer work with a financial professional and process gone bad. Federation of America opposes this unable to make investments that We must remember what is at stake bill. That is why Americans for Finan- would help them achieve financial se- here. Americans invest trillions of dol- cial Reform opposes this bill. That is curity for their future. lars through IRAs, education accounts, why I will vote ‘‘no’’ on this bill, and I Similar dynamics are at play with and other investment vehicles. The Re- urge my colleagues to do the same. the SEC. Without providing any evi- tail Investor Protection Act would re- Mr. HENSARLING. Mr. Speaker, it is dence of investor harm, the SEC is quire that Federal agencies act in the now my pleasure to yield 6 minutes to heading towards a rulemaking that best interest of all investors and would the gentlewoman from Missouri (Mrs. could disrupt the valuable relationship go a long way towards preserving ac- WAGNER), the sponsor of the legislation that Americans have with their finan- cess to financial services for Americans and an outstanding freshman member cial professionals. Perhaps most con- of all income levels. of our committee who has led on this cerning, these two agencies appear to I thank my colleagues again for their issue. be on a collision course with one an- support, and I urge passage of the bill. Mrs. WAGNER. Mr. Speaker, I first other and could end up issuing two CHAMBER OF COMMERCE want to thank Chairman HENSARLING very different and conflicting rules. UNITED STATES OF AMERICA, and Chairman GARRETT for their lead- Recently, the SEC issued a 72-page Washington, DC, October 28, 2013. ership in bringing this bill to the floor request for information to support a TO THE MEMBERS OF THE U.S. HOUSE OF today. I also want to thank my Finan- rulemaking, but nowhere, nowhere in REPRESENTATIVES: The U.S. Chamber of this request did the SEC mention the Commerce, the world’s largest business fed- cial Services Committee colleagues on eration representing the interests of more both sides of the aisle for their work Department of Labor’s fiduciary than three million businesses of all sizes, and support of this bill. project or its effect on the SEC’s work. sectors, and regions, as well as state and Mr. Speaker, in recent weeks, we So despite the claims we have heard local chambers and industry associations, have been caught up in a fierce debate from both agencies, it doesn’t appear and dedicated to promoting, protecting, and

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6859 defending America’s free enterprise system, NAPA is especially concerned that these pro- sure, not to do so through an entirely new strong supports H.R. 2374, the ‘‘Retail Inves- posed regulations could increase costs and regulatory approach that purports to apply tor Protection Act.’’ The Chamber believes limit availability of products and advice for uniformly to financial professionals—when, that ensuring retail investors have contin- retail investors, especially those with low or in practice, it does not. ued access to their choice of financial prod- moderate incomes. Additionally, NAPA is H.R. 2374 would build into the rulemaking ucts and services that best meet their needs concerned that the regulations could result process important safeguards to ensure that will help meet investment objectives, secure in retail investors not receiving assistance the SEC adequately justifies any rule pre- retirement security, and bolster long-term from their trusted investment professionals scribed to improve investor confusion and economic growth. based on whether their accounts are after- that it appropriately tailors such a rule in a If enacted, the Retail Investor Protection tax retail accounts or tax-favored IRAs. way that remedies the identified problem, Act would require that the Securities and Your legislation includes two provisions but does not adversely affect consumers in Exchange Commission (‘‘SEC’’) complete a that NAPA especially supports. First, it pro- the process of doing so. Specifically, the leg- rulemaking on fiduciary standards for hibits the DOL from issuing any new fidu- islation requires the SEC to identify, prior broker dealers before the Department of ciary rules until sixty (60) days after the to any rulemaking, if: current differences in Labor (‘‘DOL’’) finalizes its rule redefining a SEC finalizes its rule. Second, it requires the the legal and regulatory obligations of bro- fiduciary under the Employee Retirement SEC to identify whether expanded fiduciary kers, dealers, and investment advisers actu- Income Security Act, as the two agencies standards would result in less access to in- ally produce harmful outcomes for retail have shown to work at cross-purposes on vestment products and advice for retail in- customers—and—whether the adoption of their fiduciary initiatives. Due to the investors and to submit formal findings that the ‘‘uniform fiduciary duty’’ as proposed by creasing overlap between the DOL and SEC any final rule would reduce retail investor the SEC could in fact have an adverse impact in the area of retirement plans and the re- confusion about standards of care that apply on consumers by limiting access to invest- lated nature of each agency’s fiduciary ini- to brokers, dealers and investment advisors. ment advice, raising costs, and adding to in- tiative, the Chamber believes that the two Again, thank you for your leadership on vestor confusion. Should the SEC proceed with a rule- agencies should coordinate and work in a this issue. We look forward to working with making, H.R. 2374 would require the SEC to systematic manner, allowing the SEC to you on passage of this important legislation publish alongside a proposed rule formal complete its rules first to avoid investor con- in both the House and the Senate. findings that demonstrate how the rule fusion, regulatory conflict, and one rule Sincerely, would reduce investor confusion. Finally, the being usurped by the other. BRIAN H. GRAFF, ESQ., APM, legislation imposes a stay on the promulga- H.R. 2374 would also require that before the Executive Director/CEO. tion of conduct regulations by the Depart- SEC promulgates new rules expanding the fi- ment of Labor (‘‘DOL’’), which is currently duciary standard in the retail investor con- SEPTEMBER 30, 2013. considering a rulemaking that would rede- text, it must first (1) identify any issues with Hon. ANN WAGNER, fine the term ‘‘fiduciary’’ for purposes of the the current fiduciary structure; and (2) iden- House of Representatives, 435 Cannon House Employee Retirement Income Security Act tify whether uniform fiduciary standards for Office Building, Washington, DC. DEAR REPRESENTATIVE WAGNER: On behalf of 1974 (‘‘ERISA’’). This provision would broker dealers and investment advisors allow the SEC to freely carry out the con- would have any adverse impact, resulting in of the Association for Advanced Life Under- writing (‘‘AALU’’),1 thank you for all of your gressional objective underlying Section 913 reduced products and services for retail in- of the Dodd-Frank Act 4 without concern vestors. These are all common sense meas- hard work on H.R. 2374, ‘‘The Retail Investor Protection Act of 2013.’’ This bipartisan leg- over any potential interference from the ures that would ensure the appropriate bal- DOL, which, through its anticipated rule- ance in investor protection while mitigating islation, which you introduced and led through the Financial Services Committee, making, may or may not encroach upon mar- potentially harmful consequences. ketplace activity traditionally governed by The Chamber also opposes an amendment will help ensure that any rulemaking under- taken by the Secutities and Exchange Com- the securities laws and overseen by securi- expected to be offered by Rep. George Miller ties regulators. and Rep. John Conyers, which would commission (‘‘SEC’’) to modify the standards of conduct and other regulatory requirements If enacted, H.R. 2374 will ensure a thorough pletely undermine the intent of a provision fact finding by the SEC and, if necessary, in H.R. 2374 by giving DOL free reign to pro- applicable to brokers, dealers, and investment advisers 2 is sufficiently supported by will result in regulation targeted to address mulgate rules without prioritization and the problem originally contemplated by Con- consideration of the SEC’s fiduciary initia- empirical information and focused principally on remedying the identified problem gress when it provided the SEC with this tive. Moreover, the Miller-Conyers Amend- rulemaking authority. We believe that such ment would also deprive owners, directors, of investor confusion without raising costs 3 an outcome would greatly benefit investors. and shareholders of the ability to manage a and reducing choices for investors. The SEC is considering whether to engage Again, we thank you for introducing H.R. business by authorizing the DOL to set com- 2374 and we look forward to working with in a rulemaking that would impose a ‘‘uni- pensation for investment advisors and finan- you and your staff as the 113th Congress con- form fiduciary duty’’ on all brokers, dealers, cial services providers, thus shifting some se- tinues. and investment advisers providing personal- curities oversight away from the SEC and to Sincerely, ized investment advice about securities to the DOL. DAVID J. STERTZER, retail customers. The sole impetus for such a The Chamber strongly supports the Retail Chief Executive Officer. rule is the SEC’s concern about investor con- Investor Protection Act and opposes the Mil- 1 The AALU is a nationwide organization fusion over the roles and legal obligations of ler-Conyers Amendment. The Chamber may comprised of more than two thousand life in- financial professionals. The SEC appears to consider including votes on, or in relation to, surance agents and professionals primarily be operating from a presumption that the this bill and the Miller-Conyers Amendment engaged in sales of life insurance used as regulatory regime governing brokers and in our How They Voted scorecard. part of estate, charitable, retirement, and dealers is disproportionately responsible for Sincerely, deferred compensation and employee benefit creating this investor confusion and is seek- R. BRUCE JOSTEN, services. The AALU is organized behind a ing to address it by imposing a broad prin- Executive Vice President. mission to promote, preserve and protect ad- ciples-based fiduciary duty on broker-deal- vanced life insurance planning for the ben- ers, breaking with eighty years of rules- NATIONAL ASSOCIATION efit of our members, their clients, the indus- based regulation. OF PLAN-ADVISORS, try and the general public. The problem of investor confusion does not 2 Arlington, VA, September 25, 2013. Pursuant to Section 913(g)(1) of the Dodd- dictate a regulatory solution of this sort. Frank Wall Street Reform and Consumer Congresswoman ANN WAGNER, There is no evidence to suggest that such a Re ASPPA Support of H.R. 2374, the Retail Protection Act (‘‘Dodd-Frank Act’’). rule would provide consumers with better or 3 For additional information on the Investor Protection Act clearer information about the roles and obli- AALU’s support of H.R. 2374, see Legislative Cannon House Office Building, gations of the financial professionals that Proposals to Relieve the Red Tape Burden on Washington, DC. serve them, nor is there reason to believe Investors and Job Creators: Hearing Before DEAR CONGRESSWOMAN WAGNER: On behalf that it would enable consumers to make bet- the H. Subcomm. On Capital Mkts. and Gov’t of the 6,700 members of the National Associa- ter-informed investment decisions. Sponsored Enters, of the H. Comm. on Fin. tion of Plan Advisors (NAPA), I would like Indeed, because, as the SEC has acknowl- Servs., 113th Cong. (2013) (statement of Ken to express our support for H.R. 2374, the Re- edged, a ‘‘pure fiduciary duty’’ is unworkable Ehinger, President and CEO, M Securities, tail Investor Protection Act. We commend in the context of the broad activities of a Inc.), available at http:// you for your leadership on this important broker-dealer, any new fiduciary duty im- financialservices.house.gov/UploadedFiles/ issue. posed on the industry will include exceptions HHRG-113-BA16-WState-KEhinger20130523.pdf. As you know, both the Department of for various types of activities—leaving inves- 4 Namely, an evaluation of the need for a Labor (DOL) and the Securities and Ex- tors even more confused as to what the legal new standard(s) of conduct and harmoni- change Commission (SEC) have indicated obligations of their financial professionals zation of the regulation of brokers, dealers, they are moving forward with proposed rules might be. For this reason, the AALU has and investment advisers—and, if warranted that would expand ‘‘fiduciary’’ responsibil- urged the SEC to directly address the prob- by the SEC’s findings, the promulgation of ities to more investment professionals. lem of confusion through enhanced disclo- rules to establish new requirements.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6860 CONGRESSIONAL RECORD — HOUSE October 29, 2013 INDEPENDENT INSURANCE AGENTS We believe that Congress clearly intended tion is going to interrupt the Depart- & BROKERS OF AMERICA, INC. that a single standard should apply to retail ment of Labor as they are pulling to- September 30, 2013. accounts, including retirement accounts, gether a rule to protect retirees. Hon. JOHN BOEHNER, based on the specific guidelines enumerated Speaker, House of Representatives, Washington, in Section 913. We are concerned that while We have a record amount of more DC. the SEC is proceeding in accordance with its than $10 trillion invested in retirement Hon. NANCY PELOSI, Congressional mandate, the DOL seems accounts, and yet median retirement Minority Leader, House of Representatives, poised to issue a regulation that could di- account balances are about $45,000. Washington, DC. rectly conflict with the SEC’s work. Given the Office of Management and Budg- That is a huge gap. Part of the reason DEAR SPEAKER BOEHNER AND MINORITY this amount is so low is due to the high LEADER PELOSI: On behalf of the Independent et’s role in coordinating and streamlining Insurance Agents & Brokers of America Agency regulations, we write to make you fees and hidden commissions. An an- (IIABA or the Big ‘‘I’’), I write today in sup- aware of the potential conflict between these nual fee of 1 percent could lower the port of H.R. 2374, the ‘‘Retail Investor Pro- regulations. We would also encourage you to amount of an account by 21 percent tection Act’’ introduced Rep. Ann Wagner promote regulations that are workable and over more than 30 years. encourage, rather than limit professional in- (R–MO). With over a quarter of a million I am grateful to the Department of agents and employees nationwide, the Big vestment education and guidance. We believe ‘‘I’’ is the largest association of insurance that, at a minimum, the Department of Labor for their efforts to come to- producers in the United States. Labor should not issue final regulations in gether to do a good plan. Too often, The IIABA is greatly concerned that this area until the SEC has completed its workers leave jobs and are contacted agents, brokers and the consumers they work and that any regulation the DOL ulti- by people who urge them to rollover serve would be adversely affected by the es- mately may propose should be carefully their 401(k) investment into an IRA. crafted so that it does not upend the SEC’s tablishment of a universal fiduciary stand- Too often, workers do not know that ard of care. An expansion of the fiduciary work. duty promises to create undue compliance We urge you to review any regulation pro- these callers are salespeople who can burdens and increased liability for our small posed by the DOL to be sure it does not un- put investors into accounts with high business membership, thereby increasing dermine the SEC’s implementation of a fidu- fees and hidden commissions, yet this costs for consumers and restricting access to ciary standard for the benefit of retail inves- bill would not protect the public from quality investment advice for those most in tors. We know that you share our goal of en- such rip-offs. Investors lose 3, 4, or 5 need. Furthermore, simultaneous and pos- suring that any regulations issued in the area are consistent rather than working at percent of the value of their savings sibly overlapping rulemakings by the De- without even knowing about it. partment of Labor (DOL) and the Securities cross-purposes and we look forward to work- and Exchange Commission (SEC) have the ing with you in furtherance of this goal. This bill, H.R. 2374, is harmful. It pre- potential to create confusion in the market- Sincerely, vents the Department of Labor from place and even more liability concerns for JON TESTER, taking steps to ensure advisers do not marketplace participants. United States Senator. have conflicts of interest. Why would Rep. Wagner’s bill would create a number CLAIRE MCCASKILL, of important checks and balances on the United States Senator. anybody want to say, yes, have all the rulemaking process to ensure that con- TOM CARPER, conflicts of interest you want as you sumers are not harmed by an expansion of United States Senator. are messing with our retirees’ ac- the fiduciary duty. First, it would require MARK BEGICH, counts? the DOL to wait until 60 days after the SEC United States Senator. Taking the unprecedented step to finalizes any fiduciary rule before issuing its BEN CARDIN, rule. The measure would also require the United States Senator. stop an agency midprocess in pro- SEC to determine that any new mandate MARK WARNER, tecting workers is bad. That is why would not harm consumers or restrict access United States Senator. AARP, the National Council of La to investment advice, and would require the KAY HAGAN, Raza, the Consumer Federation of completion of a cost-benefit analysis. United States Senator. America, and many, many people rep- The IIABA thanks you for scheduling H.R. AMY KLOBUCHAR, resenting Americans oppose it. 2374 for consideration this week and urges all United States Senator. members to support this important legisla- MARK PRYOR, This antigovernment rhetoric and all tion. United States Senator. this stuff about government regulation Sincerely, KIRSTEN GILLIBRAND, we hear all the time is the same rhet- CHARLES SYMINGTON, United States Senator. oric that led to the shutdown that un- Senior V.P. of External & Government Affairs. Ms. WATERS. Mr. Speaker, I yield 3 dermined the interests of American minutes to the gentleman from Min- workers. Let’s just shut this bill down. UNITED STATES SENATE, Washington, DC, August 2, 2013. nesota (Mr. ELLISON), cochair of the It is not good. Hon. SYLVIA MATTHEWS BURWELL, Progressive Caucus, a member of the STATEMENT OF ADMINISTRATION POLICY Director, Office of Management and Budget, Financial Services Committee, and Washington, DC. Democratic whip. The Administration strongly opposes pas- DEAR DIRECTOR BURWELL: We write with Mr. ELLISON. I want to thank the sage of H.R. 2374 because it would derail im- regard to the work the Securities Exchange ranking member, Congresswoman portant rulemakings underway at the Secu- Commission (SEC) is currently undertaking WATERS, for the time, and I thank the rities Exchange Commission (SEC) and the to implement Section 913 of the Dodd-Frank chairman. Department of Labor that are critical to pro- Act, and its intersection with the work the We have a crisis in our country, and tecting Americans’ hard-earned savings and Department of Labor (DOL) is currently en- the crisis has to do with retirement. preserving their retirement security. gaged in to redefine the term ‘‘fiduciary’’ H.R. 2374 prohibits Labor from issuing a under the Employee Retirement Income Se- This retirement crisis is huge. We lit- rule to protect investors until the SEC en- curity Act of 1974 (ERISA). We remain very erally have about $6.6 trillion between gages in and completes further study of the concerned that uncoordinated efforts under- what people have for retirement and effect of a rulemaking on retail investors. taken by the agencies could work at cross- what they need for retirement. The bill ignores the fact that significant purposes in a way that could limit investor And so the Labor Department is work has already been conducted in both access to education and increase costs for in- doing what makes sense: making sure agencies and that the agencies have included vestors, most notably Main Street investors. that when a person representing them- The fundamental purpose of Section 913 of and continue to include the public, industry, the Dodd-Frank Act is to provide for the es- selves as a financial adviser is going to and numerous stakeholders in their rule- tablishment of a uniform fiduciary standard a person who wants to retire—rollover making processes. Moreover, the two agen- that applies equally to Broker-Dealers and a 401(k) or whatever—they are getting cies are already working closely to avoid Registered Investment Advisors for the ben- the best advice for them, and if the ad- conflicting requirements for the regulated efit of investors when personalized invest- viser is making money off the products community, and this legislation would ham- ment advice is provided. While it is unclear per effective coordination between the two they are pushing, that that would not agencies. The bill would hinder efforts to what the Department of Labor’s re-proposal be all right. in this area will look like, the Department’s protect consumers from conflicts of interest But you know what? The Labor De- among brokers, dealers, financial advisors, 2010 proposal could have caused all Broker- partment is not even done with the Dealers that service Individual Retirement and others whose incentives may be mis- Accounts (IRAs) to be ERISA fiduciaries, rule. They are still writing it. But be- aligned with investors, potentially leading to which would have as a practical matter fore they ever do, this shoddy piece of deceptive and abusive practices. eliminated access to meaningful investment legislation is going to try to interrupt The Administration is committed to ensur- services for millions of IRA holders. that process. This bad piece of legisla- ing that American workers and retirees are

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6861 able to receive advice about how to invest stakeholders, and other Federal agen- the gentleman from New Jersey (Mr. their money in safe, secure, and transparent cies to strengthen the retirement secu- GARRETT), chairman of the Financial financial products that is free from harmful rity of hardworking Americans. Until Services Subcommittee on Capital conflicts of interest. These ongoing the Department does what is right and Markets and GSEs. rulemakings are designed to protect trillions of dollars in retirement savings of millions changes course, I urge my colleagues to Mr. GARRETT. Mr. Speaker, I thank of workers and retirees by ensuring that paid support the Retail Investor Protection the chairman for advancing this bill to advisors and other entities do not place their Act. the floor. I also congratulate the spon- own financial interests over those of their Ms. WATERS. Mr. Speaker, I yield 3 sor of the bill, Mrs. WAGNER, for lead- customers. This legislation would place an minutes to the gentlelady from New ing forward with a piece of legislation unnecessary obstacle in the way of these ef- York (Mrs. CAROLYN B. MALONEY), who that has, at its heart, to work in a bi- forts to prevent such harmful conflicts of in- serves as the ranking member on the partisan manner to protect American terest, which hurt businesses, consumers, Subcommittee on Capital Markets and investors big and small, senior citizens, and retirees and their families. Government Sponsored Enterprises of If the President were presented with H.R. and regular people across this country 2374, his senior advisors would recommend the Financial Services Committee. who are concerned about their invest- that he veto the bill. Mrs. CAROLYN B. MALONEY of New ment, concerned about what they pay York. I thank the ranking member for Mr. HENSARLING. Mr. Speaker, I for their advice and for their trans- yielding and for all her hard work, and yield 2 minutes to the gentleman from actions. So I commend both of them for I thank the chairman. moving this legislation along. Tennessee, Dr. ROE, a distinguished Mr. Speaker, I rise in opposition to member of the Education and the H.R. 2374. The bill would require the The other side of the aisle likes to Workforce Committee. Securities and Exchange Commission get engaged with name-calling, like Mr. ROE of Tennessee. I thank the to conduct yet another cost-benefit ‘‘shoddy,’’ ‘‘bad,’’ ‘‘rip-off,’’ and throw chairman. analysis of a fiduciary duty rule, ap- out numbers which, I guess, are just Mr. Speaker, I rise in support of the parently in the attempt and hope of de- sort of pulled out of the air when they Retail Investor Protection Act and pre- railing a new fiduciary duty rule to say, If it is 1 percent for this, how serving access to financial advice to all protect consumers. The Securities and much over 30 years? If it is a commis- Americans. Exchange Commission has already sion of X, I don’t know, how much is it The Department of Labor’s efforts to over 40 years? redefine the fiduciary standards is clas- completed a lengthy study on whether or not to propose a fiduciary duty rule I always wonder when I hear com- sic Washington. It is a solution in ments from the other side of the aisle search of a problem. The DOL has yet for brokers. That study included an extensive cost-benefit analysis. if they really actually sit and read the to present tangible evidence—beyond So, my colleagues, outside of trying bill or do they just pull these numbers anecdotes—that workers are being hurt to derail a new consumer safeguard, out of a hat. But I did hear one of their by current law, nor has the Depart- what could possibly be the purpose of comments which went to the point of ment conducted a sufficient cost-ben- requiring the SEC to do yet another trying to help investors, which is: How efit analysis. cost-benefit analysis on the exact same do we help Americans, and how do we This is not to say that the fiduciary issue again? How about we just take do it in a bipartisan manner? standards must never be changed. All the first one and make two copies? Well, this was one of the most bipar- of us, Republicans and Democrats, The rule also prohibits the Labor De- tisan bills that we have ever had com- want to strengthen workers’ retire- partment from even proposing a rule ing out of our committee. Over half of ment security and perhaps need to until 60 days after the SEC finalizes its the Democrats on the committee said modernize the longstanding fiduciary final rule. And what is the harm, my they are going to stand with Ameri- standard; but instead of working with colleagues, in allowing an agency—in cans, stand with investors. I will share Congress, the Department of Labor has this case, the Labor Department—to some of those. single-mindedly pursued a course that release the proposed rule for public dis- would actually drive up the cost of re- Mr. SHERMAN voted ‘‘yes’’; Ms. cussion, for public input? Since when MOORE said ‘‘yes,’’ stand with Ameri- tirement planning and restrict access has Congress been afraid of a debate? to important investment advice. Mil- cans; Mr. PERLMUTTER said ‘‘yes’’; Mr. If my colleagues believe that the pro- HIMES said ‘‘yes’’; Mr. PETERS said lions of Americans could potentially be posed rule gets it wrong, then they left to prepare for retirement on their ‘‘yes.’’ Messrs. CARNEY, FOSTER, KIL- have every opportunity to say so, as DEE, DELANEY, Mrs. BEATTY, and Mr. own. How on Earth could this be a good does the public, as do businesses, and thing? HECK, to name just a few, joined with that is exactly what the public com- Republicans to work in a bipartisan The 2007 recession wreaked havoc on ment period is for. That is what hap- the retirement savings of American manner to stand with Americans and pened the last time the Labor Depart- stand with American investors, real- workers. We should work together on ment proposed a fiduciary rule; there responsible solutions that will help izing that, at the end of the day, part were questions raised. They have re- of the problem in Washington is too workers enjoy their retirement years called it to reconsider it, and they are with financial security and peace of many agencies that are not commu- withdrawing that proposal and working nicating with each other. Lack of com- mind. on a new one. munication is one of the problems that I am privileged to serve as chairman If the SEC has a better idea for a fi- we have seen in this country in the last of the Subcommittee on Health, Em- duciary duty rule, then let’s debate ployment, Labor, and Pensions, and that one and have that released, but few weeks and months. that is precisely what we are trying to preventing an agency from even put- All we are suggesting is that the var- do in the area of multiemployer pen- ting out a regulatory proposal for pub- ious agencies, like the SEC and the De- sion reform. The subcommittee has lic debate is flat-out dead wrong. partment of Labor, actually coordinate convened numerous bipartisan hearings This bill would delay and possibly de- and work together for investors. How to closely examine the problems plagu- rail important rulemaking at the Secu- will they do that? Well, the SEC, is ing the multiemployer pension system rities and Exchange Commission and principally charged with the responsi- and potential solutions. In fact, we the Labor Department to protect re- bility of looking at the areas of broker- held such a hearing earlier today. Will tirement security and investor protec- dealers and investment advisers. And we all agree on every point? Of course tion rights. This is a transparent at- you know there is a difference on how not. However, we remain committed to tempt to slow down the rulemaking they are treated right now, and there is working together on real solutions process and possibly derail the whole a reason for that. They have been that will promote the best interests of rulemaking process for protections for treated differently for eight decades, I American families. consumers. guess, or so. I hope the Department of Labor will For these reasons, I urge my col- The SEC will be looking at this. As reconsider its ill-conceived approach to leagues to vote ‘‘no.’’ the gentlelady from New York has indi- revising Federal fiduciary standards Mr. HENSARLING. Mr. Speaker, I cated, there is a study outstanding and work with Congress, interested am now pleased to yield 3 minutes to right now. They are getting comments

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6862 CONGRESSIONAL RECORD — HOUSE October 29, 2013 in already for that study. We are say- It might underperform compared to workers want to know—if I don’t give ing let’s make sure we hear all the in- other products. In other words, the you money, for which you can keep se- formation, collect all the data, and be- product is not in the worker’s best in- cret conflicts of interests that you fore we go forward, let’s have commu- terest, but it certainly is in the bro- have with the investment of my nication between these two agencies. ker’s best interest. money, I have to give you my money Let the SEC take the first step here. The SEC and the Labor Department anyway if I am looking for this invest- Nothing in here prevents them from are trying to close this loophole that ment? That is absolutely wrong. taking any final actions or final steps. allows this rip-off to continue to hap- The American worker deserves better Nothing in this bill prevents the inves- pen, and it is, indeed, a rip-off of ordi- than that. These people work hard to tor from being protected as these var- nary Americans. I know my friend make the decisions to try to save, to ious agencies see fit. from New Jersey doesn’t like the term add to their 401(k)s, and you want to All we are really asking for is the ‘‘rip-off,’’ but that is what is happening talk about, oh, we should educate them SEC, the agency principally charged to these hardworking American fami- about the value of a 401(k) and about with this, to take the first action, lies. Multiple studies—not conjecture— the value of an IRA. You can educate make sure they have the data, then have found that these conflicts of in- them until the cows come home, but if work in harmony with the Department terest cost these retirees, these work- they know that somebody is stealing of Labor, and at the end of the day, we ers, very real money. their money because someone can con- will be helping the American investors In 2009, the GAO found that, when a ceal a conflict of interest, all of that in a completely bipartisan manner. pension consultant has conflicts of in- education won’t make a damned bit of terest, a defined benefit retirement b 1530 difference because the fact of the mat- plan underperforms by 130 basis points. ter is they’ve worked too hard to hand Ms. WATERS. Mr. Speaker, I yield 4 If a conflicted broker in the defined over their money to those conflicted minutes to the gentleman from Cali- contribution world recommends funds advisers. fornia, Congressman GEORGE MILLER, at a similar rate of underperformance, That is what this bill is about. This who is the ranking member on the a 40-year-old worker who rolls over his bill would continue those conflicts, Committee on Education and the $20,000 401(k) balance into an IRA will make every effort to delay and stop Workforce. see his retirement savings cut by a this rulemaking—or we change the law, (Mr. GEORGE MILLER of California third over 30 years. If he normally we go forward, we protect working asked and was given permission to re- earns 6 percent returns, he would now families, we protect the retirees, and vise and extend his remarks.) only be making a 4.7 percent return. we make sure that the financial mar- Mr. GEORGE MILLER of California. The bottom line is he is $35,000 poorer ketplace is free of these conflicts of in- I thank the ranking member for all of by the time he reaches 70. Thank you terest. her work on this legislation and for her for that conflicted advice. Again, I thank the gentlewoman for yielding me the time. This year, researchers found that the all of her effort on this legislation. Mr. Speaker, I rise in opposition to funds recommended by conflicted bro- Mr. HENSARLING. Mr. Speaker, I H.R. 2374. This bill is very bad news for kers in 401(k) plans underperformed by am pleased now to yield 2 minutes to working families. It protects the loop- an average of 3.6 percent. That trans- the gentleman from North Carolina lates into workers losing $1 billion hole in the law that allows conflicted (Mr. MCHENRY), the chairman of the brokers and advisers to rip off ordinary every month from their retirement Financial Services Subcommittee on funds because of these conflicts of in- Americans who are trying to save for Oversight and Investigations. terest. As a result, consumers are get- their retirements. Mr. MCHENRY. I want to thank the ting bad advice and are putting their The 2008 financial crisis wiped out committee chairman as well, Mr. HEN- retirement savings at stake. trillions of dollars of Americans’ re- SARLING, for yielding to me, and I want tirement accounts. Working families Where do those figures come from? They come from the founders of the to thank my colleague ANN WAGNER now need help in rebuilding those nest Vanguard funds, who worked out the from Missouri for putting together this eggs, and they need better protection differences between these funds, con- very wise bill. for their savings. The SEC and the flicted funds, and other funds. That is Mr. Speaker, I would say to my Dem- Labor Department have moved to pro- why the Dodd-Frank law directs the ocrat colleagues on the other side of vide these protections, proposing to SEC to transition brokers to a fidu- the aisle who are speaking out with close the harmful loophole, but this ciary standard, and, separately, the De- loud voices that the only rip-off here is bill would scuttle those efforts. Here is partment of Labor is trying to align when retail investors and the American what is at stake. the protections as well. people have two different government Millions of Americans are putting Brokers need to either act solely in agencies writing rules. When they are money aside every day in their 401(k)s the best interests of investors or other- not coordinating with each other and and in their IRAs to save for retire- wise disclose who they work for and when they are not talking to one an- ment. They have to make these invest- how they are paid, but some on Wall other, they are not writing rules that ment choices, and Wall Street is more Street have cried out, claiming that work together. In fact, you could be a than happy to advise, but some of they will not be able to offer invest- retail investor and be complying with those advisers and brokers have con- ment advice, especially to working the Department of Labor’s rules but flicts of interest, often undisclosed people, if they cannot offer conflicted could be running counter to the Securi- conflicts of interest. The brokers know advice. They can’t tell you how to in- ties and Exchange Commission’s rules about their conflicts of interest, and vest your money unless they can offer if this coordination is not done as re- the brokerage houses know about their you conflicted advice wherein they are quired by this legislation. conflicts of interest, but the person getting paid more to offer you a sub- So the Retail Investor Protection who is handing over his hard-earned re- standard product. With the knowledge Act is just that. It protects retail in- tirement funds doesn’t know about the of that and the higher fees, they some- vestors. It reconciles uncoordinated ef- conflicts of interest. The workers think how can’t make money. Let’s remem- forts between the Securities and Ex- they can trust this investment advice. ber that 75 percent of the brokers can’t change Commission and the U.S. De- But what they don’t know is that beat the S&P 500 that is on automatic partment of Labor, and it says that their advisers may get paid more for, pilot. they have to work together and also in fact, in actual cases, steering them The SPEAKER pro tempore. The use a cost-benefit analysis when they into high-cost funds with the worst time of the gentleman has expired. are writing these rules. performing of the family of funds. It is Ms. WATERS. I yield the gentleman I think that is a very wise thing. In very good for the family of funds, but an additional 1 minute. fact, the court system has agreed that it is very bad for that individual work- Mr. GEORGE MILLER of California. it is a wise thing, and 44 members of er who is now handing over his retire- I thank the gentlewoman for yielding. the House Financial Services Com- ment nest egg. That product might Mr. Speaker, is that what they are mittee thought it was a wise thing, have higher fees than other products. really saying? Is that what American while only 13 opposed passing this out.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6863 Also, we have 10 Democrat United parable funds—even better funds—have retail investors, including many Amer- States Senators who have written to lower fees. Often the adviser will push ican families, are not affected by un- the Office of Management and Budget, products that are totally inappropriate necessary regulations that have been making an identical request as this bill for the investor, which is compro- put in place without sufficient eco- to the SEC, stating that the SEC act mising the investor’s retirement secu- nomic analysis or regulatory coordina- first in writing these rules before they rity in the long run but which is maxi- tion. come together. mizing the profits for the adviser. I urge my colleagues to join me in So, today, it is not only a bipartisan The bill we are considering today will supporting this important bill so that vote but also a bicameral vote, both allow investments to be sold which are Washington does not stand in the way the House and the Senate. I would ask laden with conflicts of interest and of Americans’ ability to seek the best my colleagues to support this bipar- would immunize advisers who give self- financial advice for their needs. tisan bill coming out of Financial serving, unscrupulous advice from any Ms. WATERS. Mr. Speaker, I yield 3 Services in order to make sure that our liability. There is an apparent belief minutes to the gentleman from New government agencies actually coordi- that investment advice that is self- Jersey (Mr. ANDREWS), who is an expert nate when they write rules. Let’s actu- serving and full of conflicts of interest on retirement savings. He is the rank- ally protect retail investors and do is better than no investment advice at ing member on the Education and the that first. all. That is absolutely absurd. There is Workforce Subcommittee on Health, Ms. WATERS. Mr. Speaker, I yield 3 nothing wrong with those selling in- Employment, Labor, and Pensions. He minutes to the gentleman from Vir- vestment products to be required to is also the cochair of the Steering and ginia, Mr. BOBBY SCOTT, who is on the give primary consideration to the in- Policy Committee. Judiciary Committee and who is the vestors they are purporting to advise. (Mr. ANDREWS asked and was given ranking member on its Subcommittee The SPEAKER pro tempore. The permission to revise and extend his re- on Crime, Terrorism, Homeland Secu- time of the gentleman has expired. marks.) rity, and Investigations. Ms. WATERS. I yield the gentleman Mr. ANDREWS. I thank my very Mr. SCOTT of Virginia. I thank the an additional 1 minute. good friend for yielding. gentlelady for yielding. Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, so you are in the lunch- Mr. Speaker, I rise in opposition to the bill that we are considering today room at work. This guy comes in from H.R. 2374, the so-called Retail Investor would delay the rulemaking that would the investment house, and he shows 18 Protection Act. H.R. 2374 delays the take the necessary steps to protect em- slides about the red fund—smiling peo- Department of Labor’s rulemaking ployees and retirees who are currently ple who are on fishing trips and on Eu- process that would protect investors being taken advantage of by invest- ropean vacations. They are really from unscrupulous investment scams. ment advisers who are giving this un- happy people. Now, in past generations, pension scrupulous advice. b 1545 plans were what were called ‘‘defined Millions of Americans look to finan- benefit plans’’ in which there were de- cial advisers for advice. There is noth- He shows one slide about the blue fined benefits. You would look at the ing wrong with requiring them to have fund at the very end and finishes his number of years, your last salary, and a fiduciary responsibility to those they presentation. The red fund looks pretty the multiple, and you could calculate are advising. It is about time that we good. What he doesn’t tell you is that what your pension would be. But more make sure the investors are getting the he gets 21⁄2 percent of every dollar you and more we are seeing defined con- good advice that they deserve. There- put into the red fund, but 1⁄2 of 1 per- tribution plans in which the employer fore, we should defeat this bill. cent of every dollar you put in the blue just makes a contribution, and the Mr. HENSARLING. Mr. Speaker, I fund. He neglects to mention that. So final benefit would be whatever hap- now yield 2 minutes to the gentleman people rush and put their money in the pens to the money over the years with from Virginia (Mr. HURT), the vice red fund. the investment advice that you would chairman of the Financial Services Now, should his interest be aligned be given. The trend has had a profound Subcommittee on Capital Markets and with you or should his interest be impact on ultimate retirement benefits GSEs. aligned with his own interest? That is and security. Mr. HURT. Thank you to the chair- the question that is raised by this bill. Two people investing the same man of this committee, and thank you The Department of Labor is writing a amount—for example, $100 a month to the sponsor for your leadership on rule that for the first time would say over 30 years—could see very different this issue. that that person standing in front of retirement savings over that same pe- Mr. Speaker, I rise today in support you in that room has a fiduciary obli- riod of time based on the investments of the Retail Investor Protection Act. gation to the person listening, that is they chose. Those investment choices Fifth District Virginians and Ameri- to say that he has to put the interest of could be the difference between a sav- cans across the country are working the listener ahead of his own financial ings at the end of $100,000 or as much as hard to save for their futures, whether interest. $500,000 depending on which strategies it be for their retirements or college Self-interest is the malignancy that were used. Now, most employees are tuitions for their children. Unfortu- brought the U.S. economy to its knees not sophisticated investors, and there- nately, these hardworking Americans 5 years ago. People who made mortgage fore they need advice on what invest- are being faced with the prospect of in- transactions and insurance trans- ment strategies should be used. How creased costs and fewer choices for the actions benefited them and not the much should be in stocks? how much in financial products that they currently people they are supposed to be rep- bonds? how much in mutual funds, and rely on for their investments. resenting. To permit the cancer of self- which mutual funds? They seek advice. Currently, the Department of Labor interest to invade the second most im- The rule that the Department of and the Securities and Exchange Com- portant asset people have in their life- Labor introduced in 2010 and will most mission have indicated they will move time, which is their pension, would be likely reintroduce this fall simply re- forward with rulemakings to make an enormous mistake. That is a mis- quires that an investment adviser pro- changes to the fiduciary standards that take that this Department of Labor vide advice as a fiduciary responsi- would decrease the availability of fi- rule is trying to avoid. This bill is a bility to the investor, consistent, nancial advice for retail investors and mistake because it rolls back those ef- therefore, with the best interest of the increase the cost of financial advice for forts and protections for the American investor, not with what would ulti- retail investors. people. mately be most profitable to the ad- We must protect the ability of these John Bogle, the founder and patron viser. That is, he has a duty to give pri- Americans to choose the financial proof Vanguard, has estimated that nearly mary consideration to the investor, not fessionals who best meet their invest- 30 percent of people’s pension funds to his own profit. There are a lot of dif- ment needs, and this bill is an impor- have evaporated because of unneces- ferent products. A lot of mutual funds tant step in that direction. The Retail sary fees. If people want to choose a have extremely high fees when com- Investor Protection Act ensures that high-fee plan, that is their choice; but

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6864 CONGRESSIONAL RECORD — HOUSE October 29, 2013 they should make that choice only my time if the chairman has other why we are here. I hope we can come after receiving the advice that is fidu- Members that he would like to put together and pass this bill this after- ciary, that is directed to their own best forth at this time. noon. interest, from a competent profes- Mr. HENSARLING. We have one Ms. WATERS. I yield myself such sional. more speaker, and then we would allow time as I may consume. The Department of Labor rule pro- the gentlelady to close. Mr. Speaker and Members, H.R. 2374 motes that result; this bill undercuts Then I believe I have the right to is yet another attempt by Republicans that result. For that reason, we should close, Mr. Speaker. Is that correct? to prevent our regulators from doing oppose this bill. The SPEAKER pro tempore. The gen- their job, this time protecting the av- Mr. HENSARLING. Mr. Speaker, I tleman is correct. erage retail investor when they try to yield 2 minutes to the gentleman from Mr. HENSARLING. At this time, Mr. save for retirement. Missouri (Mr. LUETKEMEYER), another Speaker, I yield 2 minutes to the gen- Under this bill, the Securities and distinguished member of the Financial tleman from South Carolina (Mr. Exchange Commission would have to Services Committee. MULVANEY). navigate new obstacles to harmonize Mr. LUETKEMEYER. Mr. Speaker, I Mr. MULVANEY. Mr. Speaker, I have the standard of care broker-dealers and would like to thank Chairman HEN- been sitting here for the past 45–50 investment advisers have when pro- SARLING for all his fine work on this minutes watching the debate. It strikes viding investment advice. The Depart- issue, as well as other financial serv- me that with all of the financial terms ment of Labor would have to wait pos- ices issues. and with some of the heated rhetoric— sibly forever to update its rules pro- I also would like to thank my good and it has been heated—I never tecting 401(k) and IRA plan partici- friend and neighbor in Missouri, Mrs. thought I would see the day where en- pants. WAGNER, for introducing this legisla- lightened self-interest was called a H.R. 2374’s restrictions put additional tion and all her hard work on it. What cancer in this Nation. I wonder what work in the way, stopping brokers from she is trying to do here is propose leg- Alexis de Tocqueville would think SEP dealing when selling investment islation that tries to solve a problem about that. But in any event, with all products to Main Street. that we have got in the situation here of that, Mr. Speaker, it strikes me that Several studies have demonstrated with these two agencies—DOL and we have lost sight of what we are talk- that Americans do not understand that SEC—trying to coordinate and propose ing about. We are talking about a bill, a broker does not necessarily have the a regulation which they don’t seem to what the bill specifically does, and investor’s best interest when pushing be willing to do or do it in the right why. financial products. The line between way. Let’s talk first about why we are advisers and brokers has blurred over As usual, when the bureaucracy tries here. We have a situation where Dodd- the last few decades, and this bill to propose things, there always are un- Frank has given authority to the SEC makes it harder to bring clarity for in- intended consequences of those actions to make some rules. The Department vestments. and those rulings. We have here some of Labor also thinks it has the author- Mr. Speaker and Members, this ad- of those unintended consequences, ity to make rules in the same area. ministration has taken a strong stand which Mrs. WAGNER in her legislation I hope we can all agree that there is against this bill. Let me read to you is trying to mitigate. a potential for conflict there. We all from the letter that they have sent to This proposal has the potential to know what it is. We have seen it a hun- us, and I would like to offer this for the drive up the cost and availability of in- dred times before. We don’t want the RECORD: vestment services and products for in- SEC to come out and say that you The administration strongly opposes pas- vestors, particularly those with low can’t do X and have the Department of sage of H.R. 2374 because it would derail im- and moderate incomes. I will give you Labor come out the next week and say, portant rulemakings under way at the Secu- an example. I recently spoke to a but you have to do X. rities and Exchange Commission and the De- broker-dealer in rural Missouri who I There are hundreds of examples like partment of Labor that are critical to pro- represent, who is one of only a handful that in the Federal Government, and tecting Americans’ hard-earned savings and of small brokers in a two-county ra- this bill is simply trying to address preserving their retirement security. dius. If the Department of Labor rule that. How is it trying to do that? What They further say: moves forward, he, like many other does the bill do? H.R. 2374 prohibits Labor from issuing a small broker-dealers, will have no Number one, it asks the two agencies rule to protect investors until the SEC en- choice, because of the way this rule is to work together. Someone please tell gages in and completes further study of the written or being proposed, that they me how that is a bad thing—and a can- effect of a rulemaking on retail investors. will stop offering his services to cli- cer of all things—on this Nation. Of course, there is a lot said here, but ents, and many Missourians are going It then requires the two agencies to I think this says it all: to be without or have limited access to actually try and figure out if there is a The bill would hinder efforts to protect financial products and advice. problem—to ask them to identify a consumers from conflicts of interest among This hurts not only the big investors, problem before they come up with a so- brokers, dealers, financial advisers, and oth- but this hurts the small investors. As I lution. Again, I think this makes a ers whose incentives may be misaligned with good bit of sense. The questions that investors, potentially leading to deceptive said earlier, you are talking about the and abusive practices. low- and moderate-income folks and, we require them to ask in this bill are The administration is committed to ensur- particularly, one of the most basic in- pretty simple: Are investors being sys- ing that American workers and retirees are vestments that we have, which is the tematically harmed? Would new rules able to receive advice about how to invest IRA. How basic can you get to not limit people’s access to investment ad- their money in safe, secure, and transparent allow people to be able to utilize an vice? What are the costs and benefits of financial products that is free from harmful IRA if this goes into force? the rule? conflicts of interest. So it is important today that we take How is this controversial? And I Mr. Speaker and Members, I would this action. I, again, thank the gentle- would suggest to you, Mr. Speaker, just bring this to your attention: the lady from Missouri for her efforts, and that it is not. That is the reason that Department of Labor is working to pro- I urge my colleagues for support. it came out of committee on a bipar- tect investors. My friends on the oppo- Ms. WATERS. Mr. Speaker, I would tisan basis, the reason it is going to site side of the aisle are working to like to inquire as to how much time we pass today on a bipartisan basis, and protect broker-dealers who may not have remaining on this side. the reason that it has the bipartisan have the best interest of these small The SPEAKER pro tempore. The gen- basis that it does in the Senate. individuals who want to invest, who tlewoman from California has 51⁄2 min- Too often I think we get sidetracked want to earn money for retirement. utes remaining. The gentleman from by coming in here and giving big My friends on the opposite side of the Texas has 5 minutes remaining. speeches, and perhaps sometimes I am aisle are putting all of this energy out Ms. WATERS. I am prepared to close. as guilty of that as anybody else. But to protect them no matter if they may However, I will reserve the balance of today we have completely lost sight of be in a conflict of interest with those

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6865 who are simply trying to save for re- gages in and completes further study of the is not only bipartisan; it is also bi- tirement. effect of a rulemaking on retail investors. cameral. I have watched as we have been The bill ignores the fact that significant I am sitting here, Mr. Speaker, with through the subprime meltdown in this work has already been conducted in both a letter signed by no fewer than 10—10 agencies and that the agencies have included country. People lose money in their and continue to include the public, industry, Democratic Senators imploring that 401(k)s. I have watched people lose and numerous stakeholders in their rule- the very same provisions of the Wagner money in their IRAs. I have watched making processes. Moreover, the two agen- bill be enforced: JON TESTER, MARK single women in their 60s losing their cies are already working closely to avoid WARNER, CLAIRE MCCASKILL, KAY entire investment retirement savings conflicting requirements for the regulated HAGAN, and the list goes on and on. I who can’t go back to work because community, and this legislation would ham- would say to my friends on that side of they are too old—they can’t find a job. per effective coordination between the two the aisle, perhaps they ought to finish Whose side are we on? Are we on the agencies. The bill would hinder efforts to the debate amongst themselves before side of broker-dealers who will have no protect consumers from conflicts of interest among brokers, dealers, financial advisors, they carry it on over here. fiduciary responsibility, who can tell and others whose incentives may be mis- Then, again, we all know that people you any old thing, direct you any old aligned with investors, potentially leading to are entitled to their own opinions; they place? They get higher commissions deceptive and abusive practices. are not entitled to their own facts. and the people lose money. Whose side The Administration is committed to ensur- There have been a number of are we on? Why are we here in the Con- ing that American workers and retirees are misstatements of facts from my friends gress of the United States of America, able to receive advice about how to invest on that side of the aisle, particularly voted on by our constituents to come their money in safe, secure, and transparent that broker-dealers have no standard here to advocate for their best inter- financial products that is free from harmful conflicts of interest. These ongoing whatsoever in disclosing conflicts of est? rulemakings are designed to protect trillions interest; but that is not true. Within The gentlelady from Missouri talked of dollars in retirement savings of millions the antifraud provisions, sections 9, 10, about what a hard time families are of workers and retirees by ensuring that paid 15(c)(1) and (2), it prohibits having. She is right. Families are hav- advisors and other entities do not place their misstatements, misleading omissions ing a hard time. I want to tell you, own financial interests over those of their of material facts; and, indeed, broker- families are having a hard time even customers. This legislation would place an dealers must fully disclose any con- when my friends on the opposite side of unnecessary obstacle in the way of these ef- flicts of interest, yet another huge sec- the aisle would deny them food stamps forts to prevent such harmful conflicts of interest, which hurt businesses, consumers, tion of debate that was totally mis- when they lose their jobs, even when and retirees and their families. leading and false by friends on that they stand here in the Congress of the If the President were presented with H.R. side of the aisle. United States and support sequestra- 2374, his senior advisors would recommend b 1600 tion that denied that family the ability that he veto the bill. to send their child to Head Start. They GROUPS IN OPPOSITION TO H.R. 2374 And I must admit, it is a very dis- don’t have money for fancy early child- 1. AARP appointing debate; but, it is in some re- hood education. Head Start is all they 2. AAUW spects illuminating to see the cynical have, but they are losing the ability to 3. AFL–CIO position of those who simply believe do that because my friends on the op- 4. AFSCME that everyone appears to be a crook posite side of the aisle support cutting 5. Alliance For Retired Americans unless you are a government worker. 6. Americans for Financial Reform (AFR)- The phrase ‘‘cancer of self-interest’’ is back every agency. w/over 200 signatories My friends on the opposite side of the 7. The Association of BellTell Retirees, working mothers have a self-interest to aisle can’t care about families in the Inc. invest in their children’s education. If way that they say they do because they 8. Certified Financial Planner Board (CFP) the guy at the Pepsi bottling plant shut down this government and they 9. Consumer Federation of America that I represent is trying to invest so caused families to lose money to stay 10. Financial Planning Association he can buy a home and put a roof over 11. Fund Democracy his family’s head, that is the cancer of at home, to not know when they were 12. Investment Advisor Association (IAA) going to get paid, or how to pay their 13. National Council of La RAZA self-interest? bills. Not only did they harm these 14. The National Association of Personal All we are trying to do here is pre- families; they harmed many of our Financial Advisors (NAPFA) serve investment advice and invest- agencies that are trying to help the 15. The National Association of Profes- ment opportunities for working Ameri- families. I could go on and on and on. sional Geriatric Care Managers cans, and I would encourage all Mem- But let me say that consumer protec- 16. North American Securities Administra- bers, all Members of this body, to vote tors Association (NASAA) for the Wagner bill. tion is advocated by some organiza- 17. OWL-The Voice of Midlife and Older tions we are all familiar with: AARP, Women I yield back the balance of my time. AAUW, AFL–CIO, AFSCME, Alliance 18. Pensions Rights Center Mr. CRENSHAW. Mr. Speaker, as the for Retired Americans, Americans for 19. ProtectSeniors.org Chairman of the Appropriations Subcommittee Financial Reform, the Association of 20. Public Citizen on Financial Services and General Govern- BellTell Retirees, on and on and on. 21. Wider Opportunities for Women ment, my Subcommittee directly oversees the These are the people who protect con- Mr. HENSARLING. I yield myself Securities and Exchange Commission’s budg- sumers. such time as I may consume. et. And since 2001 the SEC’s budget has in- I will submit this for the RECORD. Mr. Speaker, I must admit in the creased by over 200 percent . . . this is a I yield back the balance of my time. time that I have served as a Member of larger increase than almost any other agency EXECUTIVE OFFICE OF THE PRESI- Congress, I have noticed the more in our government. DENT, OFFICE OF MANAGEMENT shrill the debate the less defensible the As the agency tasked with protecting inves- AND BUDGET, position. As I have listened closely to tors and ensuring fair and orderly capital mar- Washington, DC, October 28, 2013. what appears to be a very shrill debate, kets, you would think they would carefully co- STATEMENT OF ADMINISTRATION POLICY it certainly buttresses that position. ordinate with all agencies involved to ensure H.R. 2374—RETAIL INVESTOR PROTECTION ACT I hear my friends talk about us on much needed certainty and to provide clear (Rep. Wagner, R–MO, and Rep. Murphy, D– the other side of the aisle. I have heard guidance to a trillion dollar industry. However, FL) the phrase ‘‘my friends on the other this again is not the case and we are here The Administration strongly opposes pas- side of the aisle’’ consistently. But I today to ensure that the SEC and the Depart- sage of H.R. 2374 because it would derail im- would say perhaps the debate has to be ment of Labor coordinate and work in a sys- portant rulemakings underway at the Secu- between my friends on that side of the tematic manner to avoid investor confusion, rities Exchange Commission (SEC) and the aisle, since the ranking member well regulatory conflict, and decrease costs for re- Department of Labor that are critical to protecting Americans’ hard-earned savings and knows that half—half—of her caucus tail investors. preserving their retirement security. on the Financial Services Committee This is why I rise today to put my support H.R. 2374 prohibits Labor from issuing a supported this bill by the gentlelady of for H.R. 2374, the ‘‘Retail Investor Protection rule to protect investors until the SEC en- Missouri. As was pointed out earlier, it Act.’’—common sense legislation, requiring the

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6866 CONGRESSIONAL RECORD — HOUSE October 29, 2013 SEC complete a rulemaking on standards of The text of the amendment is as fol- MILLER) and a Member opposed each care governing broker dealers and investment lows: will control 10 minutes. advisers before the Department of Labor final- Page 1, line 5, strike ‘‘After’’ and insert The Chair recognizes the gentleman izes their rule redefining the definition of a per- ‘‘(a) IN GENERAL.—Except as provided in sub- from California. son providing investment advice under the section (b), after’’. Mr. GEORGE MILLER of California. Employee Retirement Income Security Act. Page 1, after line 14, insert the following: Mr. Speaker, I yield myself 3 minutes. Plain and simple, ensuring collaboration be- (b) EXCEPTION.— Mr. Speaker, the amendment that I tween the two agencies that are trying to (1) IN GENERAL.—The Secretary of Labor am offering along with Mr. CONYERS is reach the same goal. may issue a rule that— the way H.R. 2374 should have been In addition H.R. 2374 requires that before (A) establishes standards of care to im- drafted. Instead of short-circuiting the prove investment advice provided to partici- the SEC writes one new rules on expanding fi- regulatory process on behalf of Wall pants and beneficiaries under the Employee Street profits, this represents the ap- duciary standards, they need to identify wheth- Retirement Income Security Act of 1974 (29 er investors are being harmed under current U.S.C. 1001 et seq.); propriate and balanced way forward to standards of care. We all need to remember (B) requires that personalized investment advise the Department of Labor in what’s at stake here. American families invest advice is provided in a fiduciary capacity their current rulemaking on invest- trillions of dollars in IRAs and through mutual that is in the best interests of such partici- ment advice. funds, stocks, and bonds. The Retail Investor pants and beneficiaries; First, Congress should not be in the Protection Act will ensure that federal regu- (C) requires that, before receiving invest- business of shutting down any and all ment advice, the compensation of invest- efforts by the Department of Labor to lators will not lose focus on the impact these ment advisors and financial service providers rules could have on retail investors and must make rules for fiduciaries. The fidu- is clearly disclosed to such participants and ciary rule is the cornerstone of pension consider all other options first, before moving beneficiaries; and forward with broad new regulatory mandates. (D) satisfies the requirements of paragraph law. It is what makes sure that, when The lack of regulatory coordination between (3). you hand your money over to someone these two financial regulators does not provide (2) PROCESS.—The Secretary of Labor may else to invest it for you, they are going a cohesive landscape for investors and will be issue a rule pursuant to paragraph (1)— to act in your best interest. Stopping difficult for service providers to follow. These (A) after coordination and consultation any and all regulatory action to ensure rules affect the lives of many and have pro- with the Securities and Exchange Commis- that people’s retirement nest eggs are found and far reaching effects on our econ- sion; and protected is irresponsible. My amend- (B) after considering surveys and data on ment would allow the Department to omy. The SEC itself has acknowledged that investment education and investment ad- the costs of this action could ‘‘ultimately be proceed. vice. At the same time, it addresses con- passed on to retail investors in the form of (3) PARTICIPANT INVESTMENT EDUCATION; AP- higher fees or lost access to services and PRAISALS.—The rule issued pursuant to para- cerns that have been raised with the products. graph (1) shall provide standards of conduct Department of Labor’s proposed rules. We in Congress have an obligation to for— Under my amendment, Congress would amend or fix provisions whose costs outweigh (A) participant investment education; send a message to the Department of purported benefits. Therefore, as we move for- (B) access to reliable investment education Labor that we want investors pro- ward with the fiscal year 2014 budget in my and investment advice to traditionally un- tected, not Wall Street brokers or ad- Appropriations Subcommittee I plan to ad- derserved communities; visers trying to protect their gravy (C) reasonable compensation for invest- train. dress with Chairwoman White whether a more ment advisors and financial service pro- thorough economic analysis of these rules are This amendment makes it clear that viders; and the Department may proceed with bet- needed to ensure the SEC does not harm (D) fair market value appraisals of stock families who are investing to build up their re- held by employee stock ownership plans to ter protections for retirement inves- tirement or to save for college—the very in- employers, participants, and beneficiaries tors in a way that provides for unbi- vestors the SEC is supposed to protect. I urge under the Employee Retirement Income Se- ased investment education, ensures my colleagues to vote in favor of H.R. 2374. curity Act of 1974 (29 U.S.C. 1001 et seq.). that underserved communities are not Mr. VAN HOLLEN. Mr. Speaker, I am an At the end of the bill, insert the following: unduly harmed by basic financial pro- advocate for consumer choice and appreciate SEC. 4. REPORTS ON THE IMPACT OF PRACTICES tections for investors, ensures reason- the value of a variety of different business OF PERSONS WHO PROVIDE INVEST- able competition to advisers, and pro- MENT ADVICE. tects employee stock ownership plan models in a competitive financial services mar- (a) IN GENERAL.—Not later than 90 days ketplace. I also support full transparency re- appraisals. after the date of enactment of this Act, the We want investment advice to be pro- garding compensation arrangements and be- Secretary of Labor shall report to Congress lieve investors have a right to recommenda- on how certain practices of persons who provided in consumers’ best interests, not tions based on their best interests when re- vide investment advice affect the standard of in whatever way makes advisers and ceiving investment advice from financial serv- care exercised in relation to investors. brokers the most money. ices professionals. (b) REPORT REQUIREMENTS.—Such report Studies show that most Americans Consistent with these principles, the Securi- shall— who save think their investment advis- ties and Exchange Commission (SEC) and the (1) describe how the structure of compensa- ers are acting in their best interests. In Department of Labor (DOL) are currently in tion for persons who provide investment ad- fact, AARP found that overwhelming vice affects the standard of care exercised by the process of coordinating a harmonized ‘‘fi- majorities of consumers thought all ad- such persons, including— visers were required to act in their best duciary’’ standard of care for financial services (A) practices involving fees paid from in- professionals offering investment advice to vestment vehicles to such persons; and interests. But, in fact, they are not, their clients. Rather than allowing the SEC (B) other forms of compensation paid to under the current law. They are not re- and the DOL to complete their work, today’s such persons that are not dependent upon quired to disclose that they have a con- legislation would prejudge the outcome of the the investor’s return; flict of interest. ongoing rulemakings and have the practical (2) compare the standards of care exercised With poll after poll showing that effect of delaying implementation of final har- by persons who provide investment advice to most Americans are worried about low-income and middle-class investors with their retirement, they should have the monized rules to protect consumers’ retire- the standards of care exercised by persons ment savings from conflict of interests and po- confidence that their investment ad- who provide investment advice to high-in- viser is working in their best interest, tentially deceptive or abusive practices. come investors, and the effect such stand- Accordingly, I urge a ‘‘no’’ vote. ards of care have on the investment vehicles and not conflicted in the advice he The SPEAKER pro tempore. All time selected by investors; and gives that person because he may re- for debate on the bill has expired. (3) evaluate the extent to which the stand- ceive additional fees or higher commis- AMENDMENT OFFERED BY MR. GEORGE MILLER ard of care used by persons who provide in- sions because of recommending a prod- OF CALIFORNIA vestment advice affects the adequacy of in- uct that is not in their best interest. Mr. GEORGE MILLER of California. vestment returns to provide for retirement This amendment is a no-brainer. It Mr. Speaker, I have an amendment at for investors. supports consumers and their retire- the desk. The SPEAKER pro tempore. Pursu- ment savings. It supports unbiased in- The SPEAKER pro tempore. The ant to House Resolution 391, the gen- vestment education. It supports rea- Clerk will designate the amendment. tleman from California (Mr. GEORGE sonable compensation for advisers for

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6867 the important duties they perform. Congress has deigned that the Depart- plans and IRAs for their retirement This is a proper and balanced way for- ment of Labor can institute a fiduciary savings. If there is any hope for this ward. I urge my colleagues to support standard, and now you are going to measure at all, H.R. 2374, it would have the Miller-Conyers amendment. need $25,000. Well, what the heck, let’s to have this amendment on it. I plead I reserve the balance of my time. make it $50,000. And so the very people with those who enthusiastically sup- Mr. HENSARLING. Mr. Speaker, I they claim they want to protect very port this measure to please support rise in opposition to this amendment. well could be harmed by this standard. this amendment. The SPEAKER pro tempore. The gen- We understand the talk, but where is Mr. HENSARLING. Mr. Speaker, I tleman from Texas is recognized for 10 the proof? Where is the proof? Because am now pleased to yield 3 minutes to minutes. what is going to happen if this fidu- the gentlewoman from Missouri (Mrs. Mr. HENSARLING. Mr. Speaker, I ciary standard is imposed? All of a sud- WAGNER), the author of the Retail In- yield myself such time as I may con- den investment advice that working vestor Protection Act. sume. Americans count on is either going to Again, I urge opposition to this Mrs. WAGNER. Mr. Speaker, I rise in disappear or become far more expen- amendment which would absolutely opposition to the amendment. The lan- sive. eviscerate this bill that we are consid- guage of the amendment attempts to So, again, maybe it helps the trial ering now from the gentlelady from sound benign, but its inclusion would lawyer; maybe it helps the labor union Missouri. undermine a key tenet of the legisla- Number one, we have speaker after bosses; but it doesn’t help the working tion, which is a requirement that the speaker who come up and seem to ig- mothers. It doesn’t help the struggling Department of Labor wait for the SEC nore the fact that broker-dealers al- fathers. It doesn’t help low- and mod- to finish any rulemaking in this area. ready are subject to a suitability erate-income people struggling in this It has been noted time and time standard, including antifraud provi- economy where tens of millions remain again by Chairman HENSARLING and sions that prohibit misstatements, underemployed and unemployed under others that 10 Democratic Senators re- misleading omissions of material facts, this administration’s economic poli- cently sent a letter to the Office of and fraudulent and manipulative acts cies, and so I urge that we reject this Management and Budget requesting and practices in connection with the amendment. that Labor wait on the SEC. So there purchase and sale of securities. They I reserve the balance of my time. seems to be bipartisan and, as we have have a duty of fair dealing, which in- Mr. GEORGE MILLER of California. stated before, bicameral consensus for clude the duty to execute orders Mr. Speaker, I yield myself 15 seconds. the process here. promptly, disclose certain material in- I just want to say that it is an inter- I also must say that I find some of formation that the customer would esting concept that the only way the the terms in the amendment particu- consider important as an investor, investment community can continue to larly troubling. The amendment would charge prices reasonably related to the survive and offer advice is if they can allow the Department of Labor to de- prevailing market, and fully disclose have the right to have conflicted ad- fine what constitutes a ‘‘financial serv- any conflict of interest. vice—conflicted advice—be protected ices provider,’’ a term that I believe is I could go on and on. by the law, as opposed to representing broad and which I am not sure the De- The proponents of this amendment, the person that they are taking the partment of Labor has either the ex- as speakers before them, seemed to ig- money from to invest. pertise or the jurisdiction to rule upon. I now yield 3 minutes to the gen- nore this set of facts. And so again, it Paragraph 3 of the amendment also tleman from Michigan (Mr. CONYERS), is interesting to me how the American states that the Department of Labor’s people are demanding that their Con- coauthor of the amendment. Mr. CONYERS. Mr. Speaker, I want rules should provide for ‘‘reasonable gress work on a bipartisan basis; and so compensation’’ within the industry. I, to thank GEORGE MILLER for the work out of our committee, the Financial for one, do not believe that it is up to Services Committee, we have gone he has done, along with the ranking member of the Financial Services Com- the Federal Government to determine above and beyond the call of duty, and what constitutes reasonable compensa- now we have a bill that has been sup- mittee. The Miller-Conyers amendment sim- tion. That is a determination that be- ported by half of the Democratic mem- longs to consumers and to investors bers of the Financial Services Com- ply encourages the Department of Labor to issue a rule that requires in- who I believe are more than capable of mittee. And I just read a letter where determining for themselves what is 10 Democratic U.S. Senators are urging vestment advisers to provide advice in a fiduciary capacity and protect access reasonable. the exact same language as the Wagner The Retail Investor Protection Act bill and, thus, oppose the Miller to investment education, ensure reasonable compensation to advisers, and would require that Federal agencies amendment. act in the best interest of all investors So, again, Mr. Speaker, I urge the ensure the availability of ESOP ap- and would go a long way towards pre- proponent of the amendment to first praisals. serving access to financial services for have the debate with his own Caucus, This is what we are seeking so badly, Americans of all income levels. This, and then we can have a fuller, richer and this is the comment that has been Mr. Speaker, is about access. It is debate on the floor. made about the inaccurate drafting of What is really happening here is that the bill. The Department of Labor about availability. It is about afford- all we are doing is saying to the Secu- should issue a proposed rule that seeks ability for hardworking American fam- rities and Exchange Commission and to protect workers, provide access to ilies and investors. the Department of Labor that this is investment education, and ensure that Mr. GEORGE MILLER of California. an economy that is being crushed— advisers are reasonably paid. Mr. Speaker, I yield 3 minutes to the crushed—by a red tape burden, that at Under current rules, investment ad- gentleman from New Jersey (Mr. AN- least justify it. Make sure that the per- visers may hold themselves out as act- DREWS). son you claimed you are going to pro- ing in workers’ best interests even (Mr. ANDREWS asked and was given tect, that you actually protect; and in- though they are not. I repeat: under permission to revise and extend his re- stead, we, quite honestly, fear they will current rules, investment advisers may marks.) not be protected, that instead they will hold themselves out as acting in work- Mr. ANDREWS. I thank my friend for be harmed, that all of a sudden, people ers’ best interests even though they are yielding. who have access to $7 trades won’t not. Mr. Speaker, my friend, the chair- have access to them. Workers in these types of plans often man from Texas, asked, I think, a cou- Now, again, for the affluent, that is are required to choose between dozens ple of very important questions about no big deal, but for working mothers of investment choices and need the ad- this amendment, and he really points struggling to make ends meet, it is a vice on their investment options from out why I support it. First, he asked: very big deal. people who do not have secret con- Where is the proof that American pen- To be denied the opportunity to open flicts. Over 70 million workers and re- sioners have suffered because of con- up an IRA with $2,000? No, I think now tirees depend upon 401(k) retirement flicted investment advice?

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6868 CONGRESSIONAL RECORD — HOUSE October 29, 2013 b 1615 You said it once. Mr. MILLER said it of mortgages to their best friends and Mr. Speaker, we can all look to the twice. I made a note of it each time. customers and then immediately bid Government Accountability Office, That is my question. That is what you against the success of that tranche of which looked at that very question a basically want us to do. You want us to mortgages. So conflicted advice can be few years ago, at Mr. MILLER’s request make it the law that an investment ad- very profitable. They worked it to a and mine and several others, and found viser would have to have a fiduciary fare-thee-well among the big players. that upwards of 27 percent of people’s standard to do in the best interest, if Now you come in with your $100,000, accounts evaporated because of high you will? your $80,000, your retirement funds, fees in plans in which they put their Mr. GEORGE MILLER of California. and you want to make an investment money in defined contribution ac- Will the gentleman yield? and you want some advice and you counts. That is pretty significant Mr. GARRETT. I yield to the gen- want to talk to a broker, and the proof. tleman. broker says, Oh, yes, we have exactly As I said earlier on the floor, they Mr. GEORGE MILLER of California. the product for you. In fact, he or she could look to the opinion of someone Do I believe that advisers have a fidu- has been told to sell this product, even who is not political at all, I think, ciary relationship to the people that though it is not the best-performing someone who is an expert in this field, they are taking money from to invest? product, it may not be a match for this Jack Bogle, from Vanguard, who uses I do. I think the law should reflect couple, but it has the highest commis- the number 30 percent in unnecessary that, absolutely. sions for the firm and for the broker. fees that have gone up here. Proof is Mr. GARRETT. Earlier I said that I That is what they do. ample that many Americans have rath- often wonder whether people who come What you are suggesting is that er paltry retirement accounts because to the floor to oppose some of our bills should be written into the law, that of the very high fees that they are pay- ever actually read the bill. conflict of interest, and you talk about ing. The SPEAKER pro tempore. The all the terrible things that happen. But Second, Mr. Speaker, the chairman time of the gentleman has expired. when the adviser fiduciary study was talked about the suitability standard Mr. HENSARLING. I yield the gen- done in 2013, 68 percent said the fidu- under the securities law. That is kind tleman an additional 30 seconds. ciary—this is of the investment indus- Mr. GARRETT. Now I am going to go of the point. The suitability standard try—68 percent said the fiduciary a step further. I wonder whether the is not a fiduciary standard. The suit- standard will not reduce products or people who oppose this bill actually ability standard assumes an arm’s- services; 79 percent said it does not length transaction between people of know what the law is. The law is and has been for decades cost more to work as a fiduciary; and equal or similar competence, where it 65 percent said the fiduciary standard is every investor for him- or herself. that, if you are an investment adviser, you already have a fiduciary standard will not price investors out of the mar- The pension situation is very dif- ket. So the industry says that, but you ferent. This is a situation where some- with regard to your client. That is the current law. Already the investment have a whole theory how this is dooms- one is driving a bus or building houses day for the small investor. It is just or teaching school or working in a soft- adviser, going through an ERISA plan, has a fiduciary standard. I think what not so. ware company, and that is what they What you are doing is protecting the you are talking about is a broker-deal- do. They don’t do investment all the right of brokers to give you conflicted time. So when they turn to someone er. Mr. GEORGE MILLER of California. advice about the investment of your for advice, they are assuming that that money, and they knowingly do it. You someone is on their side, that the ad- Will the gentleman yield? Mr. GARRETT. I yield to the gen- are saying that the industry cannot vice that someone is giving them is in continue unless they are allowed to their best interests. That is the very tleman. Mr. GEORGE MILLER of California. continue to give conflicted advice. nature of a fiduciary relationship. That is why we have conflict of inter- So I think the questions that were That is what the amendment addresses. est laws, because we don’t allow people raised point out the reasons to support Mr. GARRETT. Exactly. That is why to do this when they have a responsi- Mr. MILLER’s amendment. There is I asked both of you twice what you bility. ample evidence of harm that has been said. What you said on the floor and We should vote for this amendment done to America’s investors; and, sec- what you just said a moment ago is, you were talking about broker-dealers, and vote against the bill. ondly, the suitability standard is whol- I yield back the balance of my time. ly insufficient to protect the interests but you said it was investment advisers. It just points out, Mr. Speaker, Mr. HENSARLING. Mr. Speaker, how of those investors. much time do I have remaining? For those reasons, I urge a ‘‘yes’’ that they come to the floor with abso- The SPEAKER pro tempore. The gen- vote on this amendment, and a ‘‘no’’ lutely no understanding of what the tleman from Texas has 21⁄2 minutes re- vote on the bill. law is. Mr. HENSARLING. Mr. Speaker, Once again, we encourage the bill to maining. Mr. HENSARLING. Mr. Speaker, I may I inquire as to how much time go unamended. each side has remaining? The SPEAKER pro tempore. Mem- yield myself such time as I may con- The SPEAKER pro tempore. The gen- bers are again reminded to direct their sume. tleman from Texas has 4 minutes re- remarks to the Chair. I think the audio system on the maining, and the gentleman from Cali- Mr. GEORGE MILLER of California. House floor is working quite well, and so I continue to be somewhat amazed fornia has 13⁄4 minutes remaining. Mr. Speaker, does the gentleman from Mr. HENSARLING. Mr. Speaker, I Texas have additional speakers? by the number of speakers who get up yield 1 minute to the gentleman from Mr. HENSARLING. I have no further and claim that broker-dealers can en- New Jersey (Mr. GARRETT). speakers, Mr. Speaker, and I believe I gage in conflicts of interest. Mr. GARRETT. Mr. Speaker, I thank have the right to close. Again, I will give the citation for the the chairman for yielding me time. Mr. GEORGE MILLER of California. duty to disclose conflicts of interest, How you ended your comments was, Mr. Speaker, let me get this straight. FINRA’s Suitability Rule 2111. I would Let’s move this bipartisan amendment You can talk about the advisers having encourage those who haven’t read it to to this bill, and what I was trying to do a fiduciary responsibility and obliga- actually read it so that we can actually in a bipartisan manner was to ask the tion under the law, but then you can have facts on the House floor. question: Is simply what you are trying have the broker-dealers come in and Mr. Speaker, what is truly radical to do is to require that investment ad- close the deal, and they can provide here is the proponents of this amend- visers, that they would have to have, conflicted advice and, in fact, con- ment trying to upset 80 years of settled you are saying, a fiduciary duty going flicted products—in the best interest of law, without any evidence that is com- forward? That is what you are trying this retired individual who is trying to pelling, to somehow believe that all of to do to add to this bill? I heard you invest their funds? Very clever. a sudden we are going to help a uni- say that, and I heard Mr. MILLER say But this comes from an industry verse of people, who most of us believe, that. That was my question to you. where we saw the banks sell a tranche including half of the Democrats on the

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6869 Financial Services Committee, instead The SPEAKER pro tempore. Pursu- Forbes Latta Rogers (KY) will be hurt, including a number of ant to clause 9 of rule XX, this 15- Fortenberry LoBiondo Rohrabacher Foster Loebsack Rokita prominent Democratic senators who minute vote on the amendment offered Foxx Long Rooney believe they will be hurt, these work- by the gentleman from California will Franks (AZ) Lucas Roskam ing moms and pops trying to provide be followed by 5-minute votes on a mo- Frelinghuysen Luetkemeyer Ross Gallego Lummis for their family, trying to manage tion to recommit, if ordered, and pas- Rothfus Gardner Maffei Royce their nest eggs, having a new standard sage of the bill, if ordered. Garrett Marchant Runyan forced upon people they rely on. So all The vote was taken by electronic de- Gerlach Marino Ryan (WI) Gibbs Massie Salmon of a sudden, that investment advice is vice, and there were—yeas 174, nays Gibson Matheson Scalise either going to get more expensive, it 243, not voting 13, as follows: Gingrey (GA) McCarthy (CA) Schneider Gohmert McCaul is going to disappear. All of a sudden, [Roll No. 565] Schock IRAs for working moms at prices they Goodlatte McClintock YEAS—174 Gosar McHenry Schrader can afford will disappear all because we Gowdy McKeon Schweikert Andrews Green, Gene O’Rourke hear rhetoric about Wall Street. Granger McKinley Scott, Austin Barber Grijalva Pallone Graves (GA) McMorris Sensenbrenner Well, I don’t think I have had any Bass Gutie´rrez Pascrell Graves (MO) Rodgers Sessions Beatty Hahn letters of endorsement from anybody Pastor (AZ) Griffin (AR) Meadows Shimkus Becerra Hanabusa on Wall Street. We can talk about Payne Griffith (VA) Meehan Shuster Bera (CA) Hastings (FL) Pelosi Grimm Messer Simpson something else that is not applicable. Bishop (GA) Heck (WA) Perlmutter Guthrie Mica Sinema Perhaps we can talk about ObamaCare. Bishop (NY) Higgins Peters (CA) Hall Miller (FL) Smith (MO) Blumenauer Hinojosa I am always happy to have that discus- Pingree (ME) Hanna Miller (MI) Smith (NE) Bonamici Holt sion once again. Pocan Harper Miller, Gary Brady (PA) Honda Smith (NJ) Polis Harris Mullin Again, this is a bipartisan bill. All we Braley (IA) Horsford Smith (TX) Price (NC) Hartzler Mulvaney Brown (FL) Hoyer Southerland are trying to do is ensure, if 80 years of Quigley Hastings (WA) Murphy (FL) Brownley (CA) Huffman Stewart settled law that has helped working Rahall Heck (NV) Murphy (PA) Bustos Israel Stivers Hensarling Neugebauer families is about to be upset, then we Butterfield Jackson Lee Rangel Stockman Himes Noem better have proof it is going to help the Capps Jeffries Richmond Stutzman Holding Nugent Capuano Johnson (GA) Roybal-Allard Terry people that it claims to help. The Hudson Nunes Ca´ rdenas Johnson, E. B. Ruiz Thompson (PA) amendment from the gentleman from Huelskamp Nunnelee Carson (IN) Keating Ruppersberger Thornberry Huizenga (MI) Olson California would totally eviscerate Cartwright Kelly (IL) Ryan (OH) Tiberi Hultgren Owens Castor (FL) Kennedy Sa´ nchez, Linda Tipton that. Hunter Palazzo Castro (TX) Kildee T. Turner I urge opposition, and I yield back Hurt Paulsen Chu Kirkpatrick Sanchez, Loretta Upton Issa Pearce the balance of my time. Cicilline Kuster Sarbanes Valadao Jenkins Perry The SPEAKER pro tempore. Pursu- Clarke Langevin Schakowsky Wagner Johnson (OH) Peters (MI) Clay Larsen (WA) Schiff Walberg ant to the rule, the previous question Johnson, Sam Peterson Cleaver Larson (CT) Schwartz Walden is ordered on the bill, as amended, and Jones Petri Clyburn Lee (CA) Scott (VA) Jordan Pittenger Walorski on the amendment offered by the gen- Cohen Levin Scott, David Joyce Pitts Weber (TX) Connolly Lewis tleman from California (Mr. GEORGE Serrano Kelly (PA) Poe (TX) Webster (FL) Conyers Lipinski MILLER). Sewell (AL) Kilmer Pompeo Wenstrup Courtney Lofgren Shea-Porter Kind Posey Westmoreland Pursuant to clause 1(c) of rule XIX, Crowley Lowenthal Sherman King (IA) Price (GA) Whitfield further consideration of H.R. 2374 is Cummings Lowey Sires King (NY) Radel Williams Davis (CA) Lujan Grisham postponed. Slaughter Kingston Reed Wilson (SC) Davis, Danny (NM) Smith (WA) Kinzinger (IL) Reichert Wittman f DeFazio Luja´ n, Ben Ray Speier Kline Renacci Wolf DeGette (NM) Swalwell (CA) Labrador Ribble Womack RECESS DeLauro Lynch Takano LaMalfa Rice (SC) Woodall DelBene Maloney, The SPEAKER pro tempore. Pursu- Thompson (CA) Lamborn Rigell Yoder Deutch Carolyn Thompson (MS) Lance Roby Yoho ant to clause 12(a) of rule I, the Chair Dingell Maloney, Sean Tierney Lankford Roe (TN) Young (AK) declares the House in recess for a pe- Doggett Matsui Latham Rogers (AL) Young (IN) Doyle McCollum Titus riod of less than 15 minutes. Tonko Duckworth McDermott NOT VOTING—13 Accordingly (at 4 o’clock and 25 min- Edwards McGovern Tsongas utes p.m.), the House stood in recess. Ellison McIntyre Van Hollen Aderholt Herrera Beutler Rush Vargas Campbell Kaptur Sanford f Engel McNerney Enyart Meeks Veasey Cooper McCarthy (NY) Wasserman b 1637 Eshoo Meng Vela Diaz-Balart Rogers (MI) Schultz Esty Michaud Vela´ zquez Grayson Ros-Lehtinen AFTER RECESS Farr Miller, George Visclosky Fattah Moore Walz b 1706 The recess having expired, the House Frankel (FL) Moran Waters was called to order by the Speaker pro Fudge Nadler Watt Messrs. FRELINGHUYSEN, STIV- Waxman tempore (Mr. COLLINS of Georgia) at 4 Gabbard Napolitano ERS, ROSKAM, RODNEY DAVIS of Il- Garamendi Neal Welch linois, REED, RIGELL, GARY G. MIL- o’clock and 37 minutes p.m. Garcia Negrete McLeod Wilson (FL) LER of California, HUNTER, CAMP, f Green, Al Nolan Yarmuth and ROKITA changed their vote from RETAIL INVESTOR PROTECTION NAYS—243 ‘‘yea’’ to ‘‘nay.’’ ACT Amash Bucshon Crawford Messrs. HORSFORD, LEVIN, Ms. Amodei Burgess Crenshaw The SPEAKER pro tempore. Pursu- Bachmann Calvert Cuellar MOORE, and Ms. JACKSON LEE ant to clause 1(c) of rule XIX, further Bachus Camp Culberson changed their vote from ‘‘nay’’ to Barletta Cantor Daines ‘‘yea.’’ consideration of H.R. 2374 will now re- Barr Capito Davis, Rodney sume. Barrow (GA) Carney Delaney So the amendment was rejected. The Clerk read the title of the bill. Barton Carter Denham The result of the vote was announced The SPEAKER pro tempore. The Benishek Cassidy Dent as above recorded. Bentivolio Chabot DeSantis The SPEAKER pro tempore. The question is on the amendment offered Bilirakis Chaffetz DesJarlais by the gentleman from California (Mr. Bishop (UT) Coble Duffy question is on the engrossment and GEORGE MILLER). Black Coffman Duncan (SC) third reading of the bill. Blackburn Cole Duncan (TN) The bill was ordered to be engrossed The question was taken; and the Boustany Collins (GA) Ellmers Speaker pro tempore announced that Brady (TX) Collins (NY) Farenthold and read a third time, and was read the the noes appeared to have it. Bridenstine Conaway Fincher third time. Ms. WATERS. Mr. Speaker, on that I Brooks (AL) Cook Fitzpatrick MOTION TO RECOMMIT Brooks (IN) Costa Fleischmann demand the yeas and nays. Broun (GA) Cotton Fleming Mr. TIERNEY. Mr. Speaker, I have a The yeas and nays were ordered. Buchanan Cramer Flores motion to recommit at the desk.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6870 CONGRESSIONAL RECORD — HOUSE October 29, 2013 The SPEAKER pro tempore. Is the and to do so, they need access to reli- being in violation of the law for almost gentleman opposed to the bill? able investment advice. 5 straight years for failing to adhere to Mr. TIERNEY. I am opposed to it in The motion to recommit is straight- its statutory minimum capital stand- its current form. forward. It simply states that the bill ards. The SPEAKER pro tempore. The does not prohibit action from being No, there are a lot of things that this Clerk will report the motion to recom- taken on the following three things: bill doesn’t prohibit, but let me tell mit. It does not prohibit the Secretary of you what the bill does, Mr. Speaker. The Clerk read as follows: Labor from using regulations to pre- The Retail Investor Protection Act, Mr. Tierney moves to recommit the bill vent fraud in regard to pensions, 401(k) sponsored by the gentlelady from Mis- H.R. 2374 to the Committee on Education and plans, and other retirement savings ac- souri (Mrs. WAGNER), requires the De- the Workforce and the Committee on Finan- counts for seniors, veterans, and other partment of Labor and the Securities cial Services with instructions to report the same back to the House forthwith with the Americans; and Exchange Commission to coordi- following amendment: It does not prohibit the Secretary of nate a rulemaking. I know that is a Add at the end the following new section: Labor from using regulations to re- radical departure for many, but, yes, SEC. 4. PROTECTING RETIREMENT SAVINGS quire the disclosure of any fees so as to they should coordinate a rulemaking. FROM INVESTMENT FRAUD. promote transparency and account- Then we actually require justifica- Nothing in this Act shall limit the author- ability; tion. If you are going to pass a rule ity of the Secretary of Labor to issue regula- It would promote investment edu- tions to— that you claim is going to help retail (1) prevent fraud in regard to pensions, cation and sound financial advice. investors, then actually help them. 401k plans, and other retirement savings ac- Veterans, seniors, and the over 70 On a more fundamental level—and it counts of seniors, veterans, and other Amer- million investors who depend on 401(k)s is why we should oppose the motion to ican workers; and IRAs for their future security de- recommit—the bill preserves that $7 (2) require that financial service providers, serve to know that these kinds of re- online trade for the working mom who when advising employers or employees about sponsible actions can be taken on their is trying to send a child to college. It pensions, 401k plans, or other retirement behalf. I think everyone here agrees. preserves the $2,000 startup IRA for savings accounts, clearly disclose any fees or I ask my colleagues for their support other charges; or somebody who has worked 20 years at (3) promote investment education and of this motion to recommit, and I yield Walmart and is trying to have a retire- sound financial advice to employers and em- back the balance of my time. ment savings. It allows low-cost access ployees with regards to pensions, 401k plans, Mr. HENSARLING. Mr. Speaker, I to ideas and products to people who and other retirement savings accounts. rise in opposition to the motion. want to manage their own investments The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- so they can finally buy their own tleman from Massachusetts is recog- tleman from Texas is recognized for 5 homes. nized for 5 minutes. minutes. Mr. Speaker, it does it all on a bipar- Mr. TIERNEY. Mr. Speaker, this is Mr. HENSARLING. Mr. Speaker, I tisan basis because half of the Demo- the final amendment to the bill. It will rise again in opposition. I don’t even crats on the Financial Services Com- not kill the bill. It will not send it find how this is relevant to the under- mittee supported this commonsense back to committee. If adopted, the bill lying bill, the Retail Investor Protec- legislation. I would urge all of them will immediately proceed to final pas- tion Act. It simply says that it now and the entirety of the House to sage, as amended. shouldn’t prohibit something that ap- vote down the motion to recommit and Mr. Speaker, over 70 million Ameri- parently the Secretary of Labor al- to vote in favor of retail investors and cans and their families depend on ready has the right to do. And given to vote ‘‘aye’’ on the Retail Investor 401(k)s and similar retirement plans for that the Obama administration has had Protection Act. their retirement security. Veterans, a Secretary of Labor for 5 years, I sup- I yield back the balance of my time. seniors, and middle class workers and pose, if they already wanted to do what The SPEAKER pro tempore. Without families in my district in Massachu- was the subject of the gentleman’s objection, the previous question is or- setts—in fact, in those districts of all MTR, they would have already done it. dered on the motion to recommit. of my colleagues—are concerned about I suppose the gentleman certainly has There was no objection. their pensions, 401(k) plans, and retire- a right, if he hasn’t already done it, to The SPEAKER pro tempore. The ment savings. introduce legislation. question is on the motion to recommit. A retired worker from Danvers, Mas- Again, Mr. Speaker, it is simply ir- The question was taken; and the sachusetts, in my district, recently relevant. There are lots of things that Speaker pro tempore announced that called my office and shared concerns the Retail Investor Protection Act does the noes appeared to have it. about her pension. She believed it is at not prohibit. RECORDED VOTE risk, and she has no other means of in- b 1715 Mr. TIERNEY. Mr. Speaker, I de- come. mand a recorded vote. That constituent of mine shares the It does not prohibit the Secretary of A recorded vote was ordered. same situation as do many across this State from holding somebody account- The SPEAKER pro tempore. This is a country, believing that their retire- able for the tragedy in Benghazi, when 5-minute vote. ment is at risk and that they have no there were 29 systemic failures and The vote was taken by electronic de- other means of income. Millions of four dead. vice, and there were—ayes 195, noes 223, Americans are worried that they won’t There is nothing in the underlying not voting 12, as follows: have adequate resources to retire with bill that prohibits the Secretary of the dignity after decades of work, and Treasury from holding somebody ac- [Roll No. 566] those who are retired, like that con- countable at the Internal Revenue AYES—195 stituent from Danvers, feel that what Service for targeting Americans for ex- Andrews Capps Costa they have won’t last. ercising their First Amendment rights. Barber Capuano Courtney Barrow (GA) Ca´ rdenas Crowley Retirement plans can also be subject There is nothing in the bill that pro- Bass Carney Cuellar to fraud and abuse. Last year, the De- hibits the Secretary of HHS from hold- Beatty Carson (IN) Cummings partment of Labor recovered almost ing somebody accountable for the Becerra Cartwright Davis (CA) Bera (CA) Castor (FL) Davis, Danny $1.3 billion that was misappropriated ObamaCare Web site, which was 31⁄2 Bishop (GA) Castro (TX) DeFazio from retirement plans. It included over years in the making for a half a billion Bishop (NY) Chu DeGette $800 million in prohibited transactions. dollars and still crashed. Blumenauer Cicilline Delaney The Department of Labor reportedly There is nothing in the bill that pro- Bonamici Clarke DeLauro Brady (PA) Clay DelBene filed indictments against 117 persons hibits the Secretary of Housing and Braley (IA) Cleaver Deutch for crimes related to employee benefit Urban Development from holding Brown (FL) Clyburn Dingell plans. somebody responsible at the Federal Brownley (CA) Cohen Doggett In 401(k) and similar plans, workers Housing Administration for receiving Bustos Connolly Doyle Butterfield Conyers Duckworth have to make investment decisions, its first-ever taxpayer bailout and

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6871 Duncan (TN) Lee (CA) Quigley Nugent Rokita Terry Hultgren Moore Scalise Edwards Levin Rahall Nunes Rooney Thompson (PA) Hunter Mullin Schneider Ellison Lewis Rangel Nunnelee Ros-Lehtinen Thornberry Hurt Mulvaney Schock Engel Lipinski Richmond Olson Roskam Tiberi Issa Murphy (FL) Schrader Enyart Loebsack Roybal-Allard Palazzo Ross Tipton Jenkins Murphy (PA) Schweikert Eshoo Lofgren Ruiz Paulsen Rothfus Turner Johnson (OH) Neugebauer Scott, Austin Esty Lowenthal Ruppersberger Pearce Royce Upton Johnson, Sam Noem Sensenbrenner Farr Lowey Ryan (OH) Perry Runyan Valadao Jordan Nugent Sessions Fattah Lujan Grisham Sa´ nchez, Linda Petri Ryan (WI) Wagner Joyce Nunes Sherman Foster (NM) T. Pittenger Salmon Walberg Kelly (PA) Nunnelee Shimkus ´ Pitts Scalise Kilmer Olson Shuster Frankel (FL) Lujan, Ben Ray Sanchez, Loretta Walden Fudge (NM) Poe (TX) Schock Kind Owens Simpson Sarbanes Walorski Gabbard Lynch Pompeo Schweikert King (IA) Palazzo Sinema Schakowsky Weber (TX) Gallego Maffei Posey Scott, Austin King (NY) Paulsen Smith (MO) Schiff Webster (FL) Garamendi Maloney, Price (GA) Sensenbrenner Kingston Pearce Smith (NE) Wenstrup Garcia Carolyn Schneider Radel Sessions Kinzinger (IL) Perlmutter Smith (NJ) Green, Al Maloney, Sean Schrader Reed Shimkus Westmoreland Kline Perry Smith (TX) Green, Gene Matheson Schwartz Reichert Shuster Whitfield Labrador Peters (CA) Southerland Grijalva Matsui Scott (VA) Renacci Simpson Williams LaMalfa Peters (MI) Stewart Gutie´rrez McCollum Scott, David Ribble Smith (MO) Wilson (SC) Lamborn Peterson Stivers Hahn McDermott Serrano Rice (SC) Smith (NE) Wittman Lance Petri Stockman Hanabusa McGovern Sewell (AL) Rigell Smith (NJ) Wolf Lankford Pittenger Stutzman Hastings (FL) McIntyre Shea-Porter Roby Smith (TX) Womack Larsen (WA) Pitts Terry Heck (WA) McNerney Sherman Roe (TN) Southerland Woodall Latham Poe (TX) Thompson (PA) Higgins Meeks Sinema Rogers (AL) Stewart Yoder Latta Pompeo Thornberry Himes Meng Sires Rogers (KY) Stivers Yoho LoBiondo Posey Tiberi Hinojosa Michaud Slaughter Rogers (MI) Stockman Young (AK) Long Price (GA) Tipton Holt Miller, George Smith (WA) Rohrabacher Stutzman Young (IN) Lucas Radel Turner Honda Moore Luetkemeyer Reed Upton Speier NOT VOTING—12 Horsford Moran Swalwell (CA) Lummis Reichert Valadao Hoyer Murphy (FL) Takano Aderholt Jenkins Van Hollen Maffei Renacci Vela Huffman Nadler Thompson (CA) Campbell McCarthy (NY) Wasserman Marchant Ribble Wagner Israel Napolitano Thompson (MS) Cooper Pelosi Schultz Marino Rice (SC) Walberg Jackson Lee Neal Tierney Grayson Rush Massie Rigell Walden Matheson Roby Walorski Jeffries Negrete McLeod Titus Herrera Beutler Sanford Johnson (GA) Nolan McCarthy (CA) Roe (TN) Weber (TX) Tonko Johnson, E. B. O’Rourke McCaul Rogers (AL) Webster (FL) Tsongas 1726 Jones Owens b McClintock Rogers (KY) Wenstrup Vargas Kaptur Pallone McHenry Rogers (MI) Westmoreland Veasey So the motion to recommit was re- Keating Pascrell jected. McIntyre Rohrabacher Whitfield Kelly (IL) Pastor (AZ) Vela McKinley Rokita Williams ´ Kennedy Payne Velazquez The result of the vote was announced McMorris Rooney Wilson (SC) Kildee Perlmutter Visclosky as above recorded. Rodgers Ros-Lehtinen Wittman Kilmer Peters (CA) Walz The SPEAKER pro tempore. The Meadows Roskam Wolf Kind Peters (MI) Waters Meehan Ross Womack Kirkpatrick Peterson Watt question is on the passage of the bill. Messer Rothfus Woodall Kuster Pingree (ME) Waxman The question was taken; and the Mica Royce Yoder Langevin Pocan Welch Speaker pro tempore announced that Miller (FL) Runyan Yoho Larsen (WA) Polis Wilson (FL) the ayes appeared to have it. Miller (MI) Ryan (WI) Young (AK) Larson (CT) Price (NC) Yarmuth Miller, Gary Salmon Young (IN) RECORDED VOTE NOES—166 NOES—223 Ms. WATERS. Mr. Speaker, I demand Andrews Enyart Lujan Grisham Amash DesJarlais Hurt a recorded vote. Barber Eshoo (NM) Amodei Diaz-Balart Issa A recorded vote was ordered. Bass Esty Luja´ n, Ben Ray Bachmann Duffy Johnson (OH) Beatty Farr (NM) Bachus Duncan (SC) Johnson, Sam The SPEAKER pro tempore. This is a Becerra Fattah Lynch Barletta 5-minute vote. Ellmers Jordan Bera (CA) Maloney, Barr Frankel (FL) Farenthold Joyce The vote was taken by electronic de- Bishop (GA) Carolyn Barton Fudge Fincher Kelly (PA) vice, and there were—ayes 254, noes 166, Bishop (NY) Maloney, Sean Benishek Gabbard Fitzpatrick King (IA) Blumenauer Matsui Bentivolio not voting 10, as follows: Garamendi Fleischmann King (NY) Bonamici McCollum Bilirakis Green, Al Fleming Kingston [Roll No. 567] Brady (PA) McDermott Bishop (UT) Green, Gene Flores Kinzinger (IL) Braley (IA) McGovern Black AYES—254 Grijalva Forbes Kline Brown (FL) McNerney Blackburn Amash Collins (GA) Gutie´rrez Fortenberry Labrador Franks (AZ) Brownley (CA) Meeks Boustany Amodei Collins (NY) Hahn Foxx LaMalfa Frelinghuysen Bustos Meng Brady (TX) Bachmann Conaway Hanabusa Franks (AZ) Lamborn Gallego Butterfield Michaud Bridenstine Bachus Connolly Hastings (FL) Frelinghuysen Lance Garcia Capps Miller, George Brooks (AL) Barletta Cook Higgins Gardner Lankford Gardner Capuano Moran Brooks (IN) Barr Costa Hinojosa Garrett Latham Garrett Ca´ rdenas Nadler Broun (GA) Barrow (GA) Cotton Holt Gerlach Latta Gerlach Carson (IN) Napolitano Buchanan Barton Cramer Honda Gibbs LoBiondo Gibbs Cartwright Neal Bucshon Benishek Crawford Horsford Gibson Long Gibson Castor (FL) Negrete McLeod Burgess Bentivolio Crenshaw Gingrey (GA) Lucas Gingrey (GA) Castro (TX) Hoyer Nolan Calvert Bilirakis Cuellar Gohmert Luetkemeyer Gohmert Chu Huffman O’Rourke Camp Bishop (UT) Culberson Goodlatte Lummis Goodlatte Cicilline Israel Pallone Cantor Black Daines Gosar Marchant Gosar Clarke Jackson Lee Pascrell Capito Blackburn Davis, Rodney Gowdy Marino Gowdy Clay Jeffries Pastor (AZ) Carter Boustany Delaney Granger Massie Granger Cleaver Johnson (GA) Payne Cassidy Brady (TX) Denham Graves (GA) McCarthy (CA) Graves (GA) Clyburn Johnson, E. B. Pelosi Chabot Bridenstine Dent Graves (MO) McCaul Graves (MO) Cohen Jones Pingree (ME) Chaffetz Brooks (AL) DeSantis Griffin (AR) McClintock Griffin (AR) Conyers Kaptur Pocan Coble Brooks (IN) DesJarlais Griffith (VA) McHenry Griffith (VA) Courtney Keating Polis Coffman Broun (GA) Deutch Grimm McKeon Grimm Crowley Kelly (IL) Price (NC) Cole Buchanan Diaz-Balart Guthrie McKinley Guthrie Cummings Kennedy Quigley Collins (GA) Bucshon Duffy Hall McMorris Hall Davis (CA) Kildee Rahall Collins (NY) Burgess Duncan (SC) Hanna Rodgers Hanna Davis, Danny Kirkpatrick Rangel Conaway Calvert Duncan (TN) Harper Meadows Harper DeFazio Kuster Richmond Cook Camp Ellmers Harris Meehan Harris DeGette Langevin Roybal-Allard Cotton Cantor Farenthold Hartzler Messer Hartzler DeLauro Larson (CT) Ruiz Cramer Capito Fincher Hastings (WA) Mica Hastings (WA) DelBene Lee (CA) Ruppersberger Crawford Carney Fitzpatrick Heck (NV) Miller (FL) Heck (NV) Dingell Levin Ryan (OH) Crenshaw Carter Fleischmann Hensarling Miller (MI) Heck (WA) Doggett Lewis Sa´ nchez, Linda Culberson Cassidy Fleming Holding Miller, Gary Hensarling Doyle Lipinski T. Daines Chabot Flores Hudson Mullin Himes Duckworth Loebsack Sanchez, Loretta Davis, Rodney Chaffetz Forbes Huelskamp Mulvaney Holding Edwards Lofgren Sarbanes Denham Coble Fortenberry Huizenga (MI) Murphy (PA) Hudson Ellison Lowenthal Schakowsky Dent Coffman Foster Hultgren Neugebauer Huelskamp Engel Lowey Schiff DeSantis Hunter Noem Cole Foxx Huizenga (MI)

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6872 CONGRESSIONAL RECORD — HOUSE October 29, 2013 Schwartz Swalwell (CA) Veasey section 1002(e) of the Continuing Ap- We are voting on this resolution Scott (VA) Takano Vela´ zquez Scott, David Thompson (CA) Visclosky propriations Act, 2014, I have a motion today because this is the procedure Serrano Thompson (MS) Walz at the desk. that was put in place by the Senate Sewell (AL) Tierney Waters The SPEAKER pro tempore. The when they crafted a package to end the Shea-Porter Titus Watt Clerk will report the motion. government shutdown. Many of us Sires Tonko Waxman Slaughter Tsongas Welch The Clerk read as follows: voted for that Senate legislation large- Smith (WA) Van Hollen Wilson (FL) Mr. Young of Indiana moves that the ly because we didn’t think it was re- Speier Vargas Yarmuth House proceed to consider House Joint Reso- sponsible to risk defaulting on our na- NOT VOTING—10 lution 99. tional debt. However, I introduced this resolu- Aderholt Herrera Beutler Sanford The SPEAKER pro tempore. Pursu- Campbell McCarthy (NY) Wasserman ant to section 1002(e)(2)(B) of the Con- tion, and a majority of House Members Cooper McKeon Schultz tinuing Appropriations Act, 2014, the will vote to disapprove, because it is Grayson Rush motion is not debatable. also not responsible to ignore the prob- b 1736 The question is on the motion. lems created by our long-term debt. The motion was agreed to. Mr. Speaker, despite the fact that a Messrs. PAYNE, ISRAEL, and The SPEAKER pro tempore. The large number in this body voted to BISHOP of Georgia changed their vote Clerk will report the title of the joint avoid default, it would be a gross from ‘‘aye’’ to ‘‘no.’’ resolution. mischaracterization to say that we ap- So the bill was passed. The Clerk read the title of the joint prove of a debt limit suspension absent The result of the vote was announced resolution. adoption of bold policy reforms that as above recorded. The text of the joint resolution is as will set our Nation on a sustainable fis- A motion to reconsider was laid on follows: cal trajectory. the table. We must break the habit of negoti- H.J. RES. 99 ating these fiscal deals at the last f Resolved by the Senate and House of Rep- minute. We must stop kicking the can RESIGNATION AS MEMBER OF resentatives of the United States of America in Congress assembled, That Congress dis- down the road, proverbially skipping COMMITTEE ON OVERSIGHT AND approves of the President’s exercise of au- along from crisis to crisis. GOVERNMENT REFORM thority to suspend the debt limit, as exer- Simply put: enough is enough. Let’s The SPEAKER pro tempore laid be- cised pursuant to the certification under sec- start talking across party lines about fore the House the following resignation 1002(b) of the Continuing Appropriations how to fix our debt problems now, not tion as a member of the Committee on Act, 2014. the end of a deadline. Oversight and Government Reform: The SPEAKER pro tempore. Pursu- We know that programs like Medi- care and Social Security are on HOUSE OF REPRESENTATIVES, ant to House Resolution 391 and section October 29, 2013. 1002(e)(2)(C) of the Continuing Appro- unsustainable footing. That is why a Hon. JOHN BOEHNER, priations Act, 2014, the joint resolution Democratic President and Republican Speaker, House of Representatives, is considered as read, and the previous House have both offered up reforms for Washington, DC. question is considered as ordered on these programs. So if we agree there is DEAR SPEAKER BOEHNER: I write to inform the joint resolution to its passage a problem, why must we wait until the you of my resignation from the Committee next crisis to address it? on Oversight and Government Reform. It was without intervening motion, except 1 hour of debate, equally divided and We know that our Tax Code is out- an honor to serve on this important com- dated and that it has become too mittee and I remain committed to pro- controlled by the gentleman from Indi- larded up with narrowly tailored provi- moting a government that is transparent ana (Mr. YOUNG) as the proponent and and accountable to the American people. the gentleman from Michigan (Mr. sions that benefit only a small number of special interests. That is why our Sincerely, LEVIN) as the opponent. MARK POCAN, The Chair recognizes the gentleman House Ways and Means chairman has Member of Congress. from Indiana. met weekly with the Senate Finance chairman to discuss how best to The SPEAKER pro tempore. Without GENERAL LEAVE achieve a fairer, flatter Tax Code in a objection, the resignation is accepted. Mr. YOUNG of Indiana. Mr. Speaker, There was no objection. bipartisan way. I ask unanimous consent that all Mem- If there is agreement here, then why f bers have 5 legislative days in which to are we looking to self-imposed fiscal ELECTING A MEMBER TO A CER- revise and extend their remarks and to deadlines in hopes of getting a deal? I TAIN STANDING COMMITTEE OF include extraneous material on the could go on and on, but I think the THE HOUSE OF REPRESENTA- subject of the joint resolution under point is clear: Washington missed an TIVES consideration. opportunity during our most recent fis- The SPEAKER pro tempore. Is there Mr. BECERRA. Mr. Speaker, by di- cal showdown. objection to the request of the gen- This resolution sends a message that rection of the Democratic Caucus, I tleman from Indiana? ignoring our problems does not make offer a privileged resolution and ask There was no objection. them go away. It sends a message that for its immediate consideration. Mr. YOUNG of Indiana. Mr. Speaker, we should not wait until the last The Clerk read the resolution, as fol- I yield myself such time as I may con- minute, but should reach across the lows: sume. aisle to face these challenges now; and H. RES. 393 Some people may be wondering why it sends a message that we take these Resolved, That the following named Mem- we find ourselves here today. Some issues very seriously because they bear ber be and is hereby elected to the following people may be confused as to why we directly on job creation, personal in- standing committee of the House of Rep- are voting on a resolution to dis- resentatives: come levels, and our collective faith in approve of the debt limit suspension 2 America’s enduring exceptionalism. (1) COMMITTEE ON EDUCATION AND THE WORK- weeks after the fact. And some people FORCE.—Mr. Pocan. I urge my colleagues to support this may be asking why I introduced this resolution of disapproval. The resolution was agreed to. resolution of disapproval on behalf of I reserve the balance of my time. A motion to reconsider was laid on some people who voted ‘‘yes’’ and oth- Mr. LEVIN. Mr. Speaker, I yield my- the table. ers who voted ‘‘no’’ to give the Presi- self such time as I may consume. f dent the authority to suspend the debt Just a short time ago, a number of us limit. joined many others in paying tribute DISAPPROVAL RESOLUTION RE- The answers to these questions are to Speaker Tom Foley. There was a LATING TO DEBT LIMIT IN- much simpler than they might appear. commemoration ceremony just 100 feet CREASE We are here today because the United or so from here. Mr. YOUNG of Indiana. Mr. Speaker, States of America carries a debt load of There was a lot of discussion, appro- pursuant to House Resolution 391 and over $17 trillion and counting. priately, of the need for bipartisanship.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6873 There was much reference to the role Council of Economic Advisers esti- ago, accomplished a few things. We in- that Tom Foley played in that in try- mated lost 120,000 jobs that would have dicated that the President could sus- ing to reach across the aisle. been created in October and private pend the debt ceiling, but that move Bob Michel, the former leader on the forecasters estimated slowed fourth could be checked by votes of dis- Republican side, spoke so eloquently as quarter GDP growth by between 0.2 and approval in the House and the Senate. to how there was a level of trust and 0.6 percentage point. So this was a process that was put into how there was an effort at bipartisan- So I think there is no escape from motion by that earlier bipartisan vote ship. the inconsistency. There is no escape that occurred right here in this body. b 1745 from essentially saying once again It is true that it has been made clear there is no real effort to reach across over in the other Chamber, the Senate, I think what has happened in this the aisle. There is no real effort to try that the leader there will never bring House is that the increased polariza- to instill some belief that the two par- this bill up in the Senate. That has tion has really twisted this institution ties can work together. So that is a bad been made eminently clear. The risk of and has even, to some extent, twisted message, and I guess a lot of you think default is something that ought not be the ability to have close relationships. you can be inconsistent because it will mentioned. We needn’t spook the mar- I say this because I think this resolu- never come up in the Senate. And it kets here. We will pay our bills in this tion is not within that spirit. won’t. But that doesn’t take away the country. That is something I have been It was only the week before last that fact that there is an inconsistency proud to stand for ever since I have 87 House Republicans joined 198 House here, I guess to try to cover some peo- been in this body. Democrats to pull this Nation back ple’s votes, to somehow minimize their The continuing resolution package from the brink of a default that would impact. also indicated that, on February 8, the have magnified the economic damage But when it comes to the default of debt limit would be increased to reflect inflicted by the Republican shutdown the full faith and credit of this coun- the borrowing that occurred during the of this government. That was a bipar- try, there has to be something more debt limit suspension period, and then tisan effort with leadership support important than providing us cover. We the Treasury would be given the ability from both sides of the aisle. need to provide cover for the citizens of to create additional headroom via so- And I can understand why those who this country so that they are not vul- called extraordinary measures after voted ‘‘no’’ on October 16 might vote nerable to playing with the default and the debt limit was reinstated on Feb- ‘‘yes’’ on this bill in order to be con- the full faith and credit of this coun- ruary 8, 2014. sistent. And while I disagree with the try. So that is the larger context here. It policy, at least their vote would be So you shouldn’t be bringing up this sounds to me very procedural, not par- consistent. I think the vote would be resolution. It will pass, I guess. There ticularly partisan. In fact, my hope consistently wrong, but it would be will be enough inconsistent votes, and was that this could be offered in the consistent. it will go nowhere, but it sends the spirit of bipartisanship. This is a mes- What is hard to understand is how very, very wrong message. saging bill. anybody who voted ‘‘yes’’ on October 16 I reserve the balance of my time. There was an allusion during my to avoid a default would now vote Mr. YOUNG of Indiana. Mr. Speaker, good friend’s comments to a message ‘‘yes’’ on this bill that would bring I yield myself such time as I may con- being sent as if that is somehow a neg- about a default. So you talk about the sume. ative thing. Now, most of the bills that message. Essentially, the message of I have so much respect for the long- are introduced in this body are intro- this bill is once again we will utilize standing service and distinguished ten- duced in part, at least, to offer a mes- the threat of default. That is what this ure of my colleague on the other side of sage to the broader American people, bill says. When you vote for it, that is the aisle, and I just think that there is and we stand here and argue on behalf precisely what you are saying. So you some clarification that is required in of the message that we are trying to are saying that serious impairment of this body and for all who may be drive home. our Nation’s full faith and credit, watching this evening’s proceedings, so The message that I am trying to which economists warned would plunge let me begin by reminding those who drive home is that these debt problems us back into recession, was a bad idea would review the record. have lingered on too long and that to on Wednesday, 2 weeks ago, but doing I am not sure I invoked the words increase a debt limit, to suspend a debt so is a good idea on Wednesday, 2 ‘‘Republican’’ or ‘‘Democrat’’ in my limit, is certainly not to approve fur- weeks later, when we vote tomorrow. opening comments. If I did, it certainly ther borrowing in the future absent the That is precisely what you are saying. wasn’t in a partisan nature. Instead, I sort of bold changes that, frankly, have That is your message. So the same per- extended a hand of friendship. I tried to not been enacted when my good friend son who voted one way then is soon actually increase trust and offered the has served many years in Congress. So going to vote the other way. hope that we might work together, we that is the larger message here, and Let me just say why I think this is might actually work together to work that is how I would respond. not within the spirit of an effort at bi- on the very problems that caused me to Mr. Speaker, I yield 2 minutes to the partisanship that I referred to earlier run for office for the first time in 2010: distinguished freshman gentleman and that I think is so important, and the $17 trillion national debt that I from Ohio (Mr. WENSTRUP), who has the lack of any effort at that has really know has grown to a great degree dur- had a lot of life’s experiences. twisted—I use that word—the strength ing the service of the good gentleman Mr. WENSTRUP. Mr. Speaker, dur- of this institution. on the other side of the aisle who just ing World War II, man, woman, young, Just a short time ago, a few weeks spoke; the unsustainable entitlement old, rich, poor, everyone in this Nation ago, as the Republicans took us to the programs that, when push comes to pulled together to bring our country brink of default, the minority leader on shove and we can no longer find the re- through a difficult time. It was a bipar- the Senate side said: sources to fund them because people tisan effort, for sure. After the war, we There is no education in the second kick of haven’t made bold enough leadership cut spending and we were a Nation that a mule, and we are not going to do this again decisions, those on the margins of soci- went to work. in connection with the debt ceiling or with a ety will be most adversely impacted. But I ask my colleagues today, as we government shutdown. I know these are issues that my good continue to increase our spending and That is precisely what this legisla- ranking member friend on the other run up our debt: What is the limit? At tion says—precisely. It says—forget side of the aisle cares about as much as what point do you finally say it is dan- about the second kick of a mule. What I do. We have just not yet come to- gerous, it is dangerous for the future of it says is that you would do it again in gether and found bipartisan solutions America? Is there a limit? We can’t connection with the debt ceiling. So to these things. keep going in this direction. that is your message. And you would Now, the continuing resolution vote No one in this body wants America to do that; you would take us to the brink that we passed, the package, if you default—that is not good for this coun- of default that, earlier this month, the will, the vote that we passed a few days try—but we need to be serious about

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6874 CONGRESSIONAL RECORD — HOUSE October 29, 2013 what we plan for the future of this who loaned us money be uncertain as every American with a $53,000 share of country. People are always saying, ‘‘Do to our ability to pay it back, and then Washington’s red ink. The facts are it for the kids; do it for the kids.’’ We we want to revisit this with a bill that very clear. Our current path is do a lot for kids, and we can always do is destined to go nowhere. unsustainable. Although Medicare, Medicaid, and Social Security will more for kids, but what about when b 1800 those kids today are grown up and they grow dramatically over the next dec- are stuck with all this debt? What are I am a partisan Democrat, but I am ade, recent budget debates between we doing to them? more of a patriot, and I hate to see the Congress and the White House have The Temptations, in the 1970s, had a Republican Party do this to itself be- largely ignored these key drivers of the song that said: cause I really think that our country debt. So what is going to happen? Papa was a rolling stone. And when he needs another party, not just a Demo- Washington is going to continue to died, all he left us was ‘‘a loan.’’ cratic party. I know that individuals stumble from one crisis to the next. It was not a compliment. And if it don’t care about the national Repub- This is no way to run a country. was irresponsible in the 1970s, it is irre- lican reputation, but what has hap- Madam Speaker, it is irresponsible to sponsible today. pened here is that the irresponsibility, raise the debt ceiling without tackling I spoke earlier about the Greatest the ridicule, the insanity of these the underlying spending problems of Generation and the legacy they left. strategies has gone beyond the Repub- this crisis. Hoosiers don’t expect Re- What is going to be our legacy? A leg- lican Party in the House. It has now in- publicans and Democrats to agree on acy of nothing but debt? fested part of our party, and people are every proposal, but they do expect us Can you imagine the potential for op- talking about the Presidency in terms to make the difficult choices to put us portunity in this country, for invest- of ‘‘bring on the clowns.’’ on a path of fiscal stability. Now is the ment and for jobs, if we are serious and This is embarrassing to all of us as time for both parties to break Wash- we are on a solvent course for the Americans, and especially as law- ington’s cycle of manufactured crises United States of America? And the makers. This body wasn’t created for and pay down our debt. sooner we go in that direction, the us to send messages; it was created for I thank the gentleman for bringing more we can do to help Americans that us to pass laws. this resolution to the floor of the are in need. Mr. YOUNG of Indiana. Mr. Speaker, House so we can discuss not only the It is about stability. It is about cer- I yield 4 minutes to the gentleman spending problems, but what is the tainty for the United States of Amer- from Indiana (Mr. STUTZMAN), a hard- problem underlying the spending hab- ica. working colleague. its and the spending problems in Wash- Mr. LEVIN. Mr. Speaker, I yield my- Mr. STUTZMAN. Mr. Speaker, I want ington. Is it just ObamaCare, as the self 15 seconds. to thank my friend from Indiana (Mr. gentleman said previously? ObamaCare The gentleman from Indiana men- YOUNG) for introducing this resolution. is part of the problem of our spending tioned about spooking the market—and This is about communicating with in Washington. Washington continues Halloween is in a couple of days. Essen- the American people. I am not quite to look out for Washington interests tially, what this bill says is you would sure what to say after the last speaker, and special interests rather than look- be willing to spook the market if you who said he was a partisan Democrat, ing out for American interests. could. That is the wrong message. would not want to come together, both Mr. YOUNG, thank you for bringing I yield 3 minutes to the gentleman parties, to work together to find a this important resolution. If there is anything that threatens our security, from New York (Mr. RANGEL), a vet- problem to the $17 trillion of debt that eran of these battles and a friend of we have. That seems to be more of the it is our national debt. The Chairman Tom Foley’s. problem in Washington today—the fact of the Joint Chiefs of Staff in 2011, Ad- (Mr. RANGEL asked and was given that parties don’t want to work to- miral Mike Mullen, said that this is permission to revise and extend his re- gether to find a problem to the threat the greatest threat to our national se- marks.) to our children and our grandchildren. curity. The SPEAKER pro tempore (Ms. Mr. RANGEL. Mr. Speaker, whoever Mr. YOUNG mentioned earlier that FOXX). The time of the gentleman has hired the Republican consultants on that was the reason that he ran for office—because of the $17 trillion of debt expired. keeping the majority should be able to Mr. YOUNG of Indiana. Madam that at the time in 2010 was roughly get their money back. Speaker, I yield the gentleman an addi- I had a thought just a few weeks ago closer to $13 trillion and has only ex- tional 1 minute. that a small group in this House had ceeded that since we have been elected Mr. STUTZMAN. I thank the gen- such an obsession with the Affordable to office. tleman. Care Act and such a dislike for the We are Americans first—not par- As I mentioned, Admiral Mike President that they were prepared not tisans, Americans—who believe that we Mullen, the Chairman of the Joint only to close the government, but to need to pass on a better future for our Chiefs of Staff in 2011, after the last attack the integrity of the full faith children and our grandchildren and for debt ceiling discussion in July and Au- and credit of the United States. The future generations here in America. gust of 2011, said that the debt was the scorn and ridicule that this caused this That is what is wrong with Wash- greatest threat to our national secu- Congress, Democrats and Republicans ington: too many partisans. rity. alike, because of this strategy to repeal I believe we have got to find solu- Not only is it a threat to our ability a bill that already had been signed into tions that are going to balance the to protect our country militarily, but law and approved by the United States budget, like Americans do across the it is an even greater threat to our Supreme Court, you would think that country every day, whether it is filling country economically. Families are no one would want to go anywhere near up gas at the gas station or whether it feeling the brunt day to day in the fact that again. is the book dues for the kids at school, that salaries are not increasing, jobs But still, we have a bill before us health care costs, the cost of utilities. are not being created. This is the fun- that admittedly has already been re- People are trying to make ends meet. damental crisis that our country is fac- jected by the Senate because we want Instead, Washington is only making it ing today, and we do need to talk about to remind the American people how to- harder, through partisanship, on the it, and we do need to share with one an- tally irresponsible we have been in the American people. Both parties, Repub- other here in Congress ideas and ways past in not only causing our great lican and Democrat, have driven Wash- that we can tackle our debt problems. country to lose $125 billion, not only ington $17 trillion in debt. For decades, Mr. YOUNG, thank you for this resolu- the job loss, not only the pain and sac- Republicans and Democrats offered tion. I proudly support it, and I am rifice that so many people have gone empty promises and cheap excuses, but glad to work with anyone, Republican through because they weren’t paid for our fiscal crisis cannot be ignored any or Democrat, to tackle our debt prob- the work that they were supposed to be more. lems. doing, but to have the whole country The national debt now exceeds our Mr. LEVIN. Madam Speaker, it is call us irresponsible and to have people gross domestic product and saddles now my pleasure to yield 3 minutes to

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6875 the gentleman from Illinois (DANNY K. authority that day. The press corps, as vated by politics. This is a process that DAVIS), a distinguished member of our you might recall, responded in disbelief works and helps us avoid unnecessary committee. that their doomsday default clocks pain. We should never have a replay of Mr. DANNY K. DAVIS of Illinois. may actually be wrong. Let’s be clear: the hostage-taking and brinksmanship Madam Speaker, I want to thank the we were not going to default. that we recently went through to get ranking member for yielding. Why do I say that? Ask the Vice to this point. I hope that we have learned from 3 President, who disappeared for a couple We know what we have to do, and we weeks ago, and that we are not easing of weeks. It was the Vice President know we should not be playing games down the road to brinksmanship once who went to China in August of 2011 with the debt limit. That is why I offer again. Every American will pay an- and told the Chinese we would never a bill that would make this process other heavy price if some of our col- default. Moody’s said we were not permanent and keep this Nation fis- leagues are able to again trigger an- going to default. The markets showed cally solvent. Senators BOXER, SCHU- other shutdown of the government. little volatility. They knew we would MER, and HIRONO introduced this very I agree with President Obama that not default. Default was just a scare same bill today in the Senate. the full faith and credit of our country tactic to scare the American people, The SPEAKER pro tempore. The is not negotiable. If there are col- and we as elected Representatives had time of the gentleman has expired. leagues who are thinking about it, I no access to the actual data to deter- Mr. LEVIN. I yield the gentleman an would urge you not to do it. Don’t cre- mine how much borrowing authority additional 30 seconds. Mr. HONDA. I support this process, ate higher mortgage costs. Don’t cause the Secretary and the administration and I hope my colleagues will support investors to lose on their retirement had left. We were simply left to take my efforts to make it the permanent plans. Don’t cause doctors and hos- Jack Lew’s word for it. In the future, I pitals to wonder whether or not they solution to the debt crisis. believe we must require a fuller ac- I urge a ‘‘no’’ vote on the resolution, are going to be paid for treating Medi- counting of how extraordinary meas- but I support this process that allows care and Medicaid patients. Don’t ures are used, reported, and are re- it. cause student loans to go up. Don’t cre- maining by any administration. In the ate anxiety for more than 10 million words of Ronald Reagan, we should b 1815 seniors who will be wondering whether ‘‘trust, but verify.’’ Mr. YOUNG of Indiana. Madam or not they are going to get their So- Madam Speaker, earlier this year, Speaker, I yield 5 minutes to the gen- cial Security checks. Don’t create con- the President sent us a budget that tleman from Arkansas (Mr. GRIFFIN), a cern among veterans who will be won- never balances. In fact, he has done distinguished member of the Ways and dering whether or not they are going to that now for 5 years straight. That Means Committee and my friend and get their disability benefit checks. means under his plan, time and time colleague. Anybody that might be thinking and time and time and time again, we Mr. GRIFFIN of Arkansas. Madam about it, I would urge you not to do it. would only add to our national debt Speaker, I rise today in support of Don’t attempt to hold the debt ceiling and never pay it off. House Joint Resolution 99, offered by hostage. I would say, as it was said in A vote today to disapprove this debt the gentleman from Indiana, my good the Book of Isaiah, Come and let us limit increase may have little impact friend and colleague on the House Ways reason together, because if we don’t, on the previous $17 trillion in debt or and Means Committee. then the whole country will suffer. the next $600 billion in debt that we ap- And I want to be clear: this is not a Come and let us find the way to work proved as a body a few weeks ago, but resolution for default. This is an oppor- in a way that our problems can be it does say three things: tunity to talk about how we have got dealt with. I believe that we can do it. It is time to end our culture of debt; to, when raising the debt ceiling, deal It has been done before. It is time to end the Washington sta- with the underlying drivers of the debt. I thank the gentleman for yielding, tus quo; History shows numerous instances in and I end with: let’s do it. Let’s show It is time to end the crisis of out-of- which spending cuts and reforms have the American people that we can work control spending and massive debt. been coupled with increases in the debt in a bipartisan way and solve the prob- I appreciate my colleague’s leader- limit. This dates back to the inception lems and meet the needs of the people ship on this matter. of the debt ceiling limit in 1917. It also of this country. Mr. LEVIN. Madam Speaker, it is includes two instances during the 110th Mr. YOUNG of Indiana. Madam now my pleasure to yield 11⁄2 minutes Congress when President Obama served Speaker, I yield 3 minutes to the gen- to the gentleman from California (Mr. in the Senate. tleman from Kansas (Mr. HUELSKAMP), HONDA). Further, in March 2006, then-Senator a distinguished colleague. Mr. HONDA. Madam Speaker, I want Obama voted against raising the debt Mr. HUELSKAMP. Madam Speaker, I to thank my colleague for yielding limit. And we have heard some folks appreciate the efforts of my colleague time to me. tonight talk about how they agree with from Indiana bringing this before the I rise in opposition to this resolution, President Obama. Well, let’s listen to House for discussion. but I am strongly in favor of the proc- what he said in March 2006: The reality is, the staggering fact is ess that we are using to deal with the Increasing America’s debt weakens us do- that since the President’s reelection debt limit. There is a difference. mestically and internationally. Leadership If this resolution to force an unprece- means that the buck stops here. Instead, through to the next debt limit vote, Washington is shifting the burden of bad Washington will have added about $1 dented default passes both this House choices today onto the backs of our children trillion to our national debt—in ex- and the Senate, the President can de- and grandchildren. America has a debt prob- change for what? For no spending re- cide to sign it or not. Even if he doesn’t lem and a failure of leadership. Americans ductions, in exchange for maintaining sign it, Congress will have another op- deserve better. the status quo. portunity to stop a debt ceiling raise. Well, I also agreed with then-Sen- This is not, as Democrats would This is a process that the Senate Re- ator, now President, Obama. And it is argue, about paying our bills; it is publican leader, MITCH MCCONNELL, abundantly clear that no one is going about mortgaging our Nation’s future. first suggested in 2011 and has been to fail to raise the debt ceiling. No one Not only must we vote ‘‘yes’’ on this used in debt limit bills to avoid de- is going to jeopardize our credit, but resolution to disapprove of this culture faulting since. It is good enough to use we must speak out on the failure to ad- of debt, but it is also time to bring long right now, it has been good enough to dress the debt drivers. overdue transparency to the process. use for 2 years, and it is good enough to In July 2008, then-Senator Obama As we approached the so-called ‘‘de- help us avoid these manufactured cri- said that adding $4 trillion to the na- fault deadline,’’ the White House press ses on a permanent basis. tional debt over 8 years was ‘‘irrespon- secretary told reporters that Secretary This is a process that helps us sepa- sible’’ and ‘‘unpatriotic.’’ I agree with Lew did not say we risked default at rate the true need for congressional what he said then. midnight on October 17; only that we intervention on the debt limit from Since he became President in 2009, were likely to exhaust our borrowing those that are manufactured and moti- President Obama has increased the

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6876 CONGRESSIONAL RECORD — HOUSE October 29, 2013 total Federal debt from $10.6 trillion to So now, once again, the Republicans Ms. JACKSON LEE. Mr. Speaker, in over $17 trillion. One has to wonder bring up a bill, and whatever the rea- about 2 hours today, in Houston, at the what then-Senator Obama would have son is, are giving people a chance, once Lakewood Church, we in Houston will to say about President Obama. again, to say that playing with default honor the famed, the humble, and the He has continually called for raising is a legitimate method of operation. especially loved Oail Andrew ‘‘Bum’’ the debt ceiling during his Presidency You shouldn’t do this. Phillips, our favorite coach, Coach without implementing any of the nec- Mr. Speaker, I yield back the balance Bum Phillips of the Houston Oilers, our essary reforms needed to get our Fed- of my time. friend, my friend. eral spending under control. Mr. YOUNG of Indiana. Mr. Speaker, We lost Coach Phillips October 18, My focus has always been on working in closing, I would just like to reiterate 2013, at his home, his ranch in Texas. I with anyone who is willing to find a five key points: offer to his wife, his son and daughters real, long-term solution to Washing- One, our current national debt ex- and grandchildren and great-grand- ton’s spending addiction. This resolu- ceeds $17 trillion, an amount that is children my deepest sympathy. tion shows the House is ready to start greater than our annual GDP, the size But I know, as he is honored this talking across party lines about how to of our economy. evening, there will be a celebration of fix our debt problems now, not at the Two, while I and so many others in his life; for Bum Phillips was the kind next deadline. my party agree with many of my col- of character-building leader that led Late last year, CNN reported that leagues across the aisle that risking young men into the most winningest ‘‘the United States spends about 71 default is irresponsible, it is just as ir- franchise of the then-Houston Oilers. cents of every Federal tax dollar it col- responsible to ignore why our debt is so He did it because he had a champion- lects on what is called the Big 4—Medi- darn high and what it means for the fu- ship spirit, and he had the ability to care, Medicaid, Social Security, and in- ture of our country. add quips to anything that you would terest on the debt.’’ Three, we can and must work across ask him. If nothing is done, in just 13 years the partisan lines to avoid default in con- When asked one time about Earl Big 4 could eat up every penny of tax junction with a debt ceiling vote or a Campbell, he said, ‘‘What kind of class revenue collected by the Federal Gov- default related to a continued failure is Earl Campbell in? He may not be in ernment, leaving nothing to pay for to address the largest drivers of our a class all by himself, but it doesn’t the discretionary spending that we debt; and we must begin that work take long to call the roll.’’ like. That includes spending on de- now, not at the last minute, or the When asked about the Dallas Cow- fense, veterans benefits, education, next self-imposed fiscal deadline. boys as America’s team, Bum said, roads, national parks, museums, med- Four, those who have served here for ‘‘The Dallas Cowboys may be Amer- ical research, food safety and air traf- decades have known for decades that ica’s team, but the Houston Oilers are fic control, to name a few. our population was growing older, that Texas’ team.’’ CNN further said that ‘‘by 2040, more health care costs were rising, and that Tonight I know there will be many than half of all Federal tax revenue our long-term fiscal trajectory was who will celebrate his life and the serv- would be eaten up by interest pay- unsustainable; but nothing has hap- ice he gave. ments on the debt alone.’’ pened. I want to thank Mike Barber for or- In 2006, then-Senator Obama said Five, this recognition that Wash- ganizing this great effort. I will miss those ‘‘interest payments are a signifi- ington continually misses opportuni- being there, but Bum, I want to thank cant tax on all Americans, a debt tax ties to put our country on a path to fis- you. Coach Bum Phillips, I want to that Washington doesn’t want to talk cal health ought to be something on thank you for the joy you brought to about.’’ which we can all agree. Houston, the excitement of the team, But let’s be clear: House Republicans I urge all my colleagues who want to the spirit of winning and losing, the in Congress, and the voters who put us see our country address our long-term fairness and the balance that you here, are the only reason—the only rea- challenges before it is too late to vote added to those young men that were son—anyone in August of 2011 talked ‘‘yes’’ on this resolution of disapproval. under your tutelage. about the debt problem and reached a Mr. Speaker, I yield back the balance You went on to coach the New Orle- debt deal. Otherwise, the President of my time. ans Saints, but you will always be spe- The SPEAKER pro tempore (Mr. would have simply had the debt ceiling cial in our hearts, and I hope this body JOYCE). All time for debate has expired. raised, and there would have been will offer a moment of silence for our Pursuant to the statute, the previous nothing done structurally. dear friend, the Nation’s friend, Texas’ question is ordered. And we are the only reason why we The question is on the engrossment friend, Coach Bum Phillips. talk about it now. Otherwise, it would and third reading of the joint resolu- I thank you, Mr. Speaker, for allow- be a clean debt ceiling increase with no tion. ing this tribute on the floor to this strings attached. The joint resolution was ordered to great American, Coach Bum Phillips. I urge my colleagues to join me in be engrossed and read a third time, and f supporting this important resolution was read the third time. COMMEMORATING THE 1-YEAR AN- and getting our excessive spending The SPEAKER pro tempore. The under control. NIVERSARY OF SUPERSTORM question is on the passage of the joint SANDY Mr. LEVIN. Madam Speaker, I yield resolution. myself the balance of our time, and I The question was taken; and the The SPEAKER pro tempore. Under will speak very briefly because the Speaker pro tempore announced that the Speaker’s announced policy of Jan- message here is so clear, that those the ayes appeared to have it. uary 3, 2013, the gentleman from New who vote for this bill are saying they Mr. LEVIN. Mr. Speaker, on that I York (Mr. TONKO) is recognized for 60 are willing to use the threat of default demand the yeas and nays. minutes as the designee of the minor- once again, and we shouldn’t be doing The yeas and nays were ordered. ity leader. this. The SPEAKER pro tempore. Pursu- Mr. TONKO. Mr. Speaker, on this I don’t think the Nation believed ant to clause 8 of rule XX, further pro- evening of October 29, we commemo- that this government and its programs ceedings on this question will be post- rate the 1-year anniversary of would be shut down; but it turned out, poned. Superstorm Sandy, which devastated because of the way the Republicans f the east coast. Many are still recov- handled it, this government was shut ering from that tragic storm, and it down, and programs were very much HONORING THE LIFE OF OAIL certainly was a major force to be reck- undercut that were needed by the peo- ANDREW ‘‘BUM’’ PHILLIPS oned with. ple of this country. (Ms. JACKSON LEE asked and was That force of nature was, at one We came within a flicker of default. given permission to address the House point, nearly 1,000 miles wide over the The consequences of playing with that for 1 minute and to revise and extend ocean front, and when it landed in were very, very substantial. her remarks.) southern Jersey, it was nearly 900

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6877 miles wide. It impacted so many storm; combined heat and power sys- nificant investments in power engi- States; 24 States, in number, felt the tems that we will talk about during neering and transportation engineering impact of that superstorm. this hour that apparently withstood and rail engineering and wireless engi- It was devastation to property; it was greater pressure than some of the tra- neering and shoreline engineering and devastation to lives: 162 people in the ditional systems, so we go forward with river flood control engineering and res- United States lost their lives. And the not just merely replacement, but we go idential planning, and taking steps to fact that the storm surged to some forward with a renewal, a revision of deal with the root cause of what we record proportions reminds us of the how to take that area that was affected see. impact of climate change. and make it work again. That is sound We may not be able to stop hurri- b 1830 government. That is effective govern- canes in their tracks. In fact, we cer- ment. Now as a member of the New York tainly can’t. But we can make sure Tonight we are joined by several col- delegation in this House, my area re- that our infrastructure and our envi- leagues. We are joined by Representa- ceived some mild impact from that ronment and our communities are tive RUSH HOLT from the State of New superstorm. But ironically, the year more resilient when they strike, and if Jersey, and we are joined by Represent- before, Hurricanes Irene and Lee im- we work hard as a Nation and as hu- ative SCOTT PETERS from the State of pacted the upstate region of New York manity, we may be able to stem the California. We may be visited by other and, again, devastated our area with climate change that will result in more loss of life, certainly of valuable farm colleagues this evening. We are going and more powerful superstorms. land that was eroded, and damage to to talk about impacts they have seen I know some in Washington are skep- communities, businesses, and farms perhaps in their region and talk about tical of the role of the Federal Govern- across the upstate region. the science and economics related to ment in fighting climate change, but as These are issues that are brought to climate change. Sandy’s $83 billion pricetag should I believe we, through SEEC, through mind this evening as we commemorate make clear, society, our economy, yes, the Sustainable Energy and Environ- that 1-year anniversary, as many con- and our government will bear the costs mental Coalition, have brought about tinue to struggle to recover from the of climate change one way or another. the discussion, have developed the dia- ravages of Mother Nature. If we make the investments today, as logue, have encouraged moving for- The cost of climate inaction is se- the debts are coming due, we would do ward, if you will, on this very impor- vere. Climate change is an issue of far better than to wait to pick up the tant dynamic, understanding it full science. It is certainly an issue of pub- pieces after other superstorms hit. well so that we can move into preven- lic health. And most definitely, it is an I will be happy, as we go along, to issue of economics, economic vitality. tion because the question asked here talk about some specific New Earlier, the Sustainable Energy and by a growing number of colleagues is, Jerseyans who were affected. I will be Environmental Coalition, which is a how long can we afford to go without a growing number—56, to be exact—of plan of action before we understand happy to talk about some of the Democrats in the House looking to that the cost of replacement or renewal science that suggests where we are as a bring about significant policy reforms or transformation is going to drain the world. Mostly, I just want to make the that speak to the environmental and taxpayers, is going to drain the indi- point that this is the new normal that energy needs of this Nation, began to viduals and families impacted, the we should be prepared for. provide a laser-sharp focus on the cost businesses impacted? No one wins in Mr. TONKO. Thank you very much, of climate change to our economy. that scenario. Representative HOLT. Certainly your In 2011 and 2012, there were some 25 So, Representative RUSH HOLT, if you State, my home State suffered eco- extreme weather events that caused at would like to share some thoughts this nomic consequences to the nth degree. least $1 billion each or more in dam- evening as we begin our hour, we wel- It is a stark reminder that the cost of ages. Total estimated economic dam- come you. inaction here is painfully borne by tax- ages were approaching $200 billion, and Mr. HOLT. I thank my friend from payers into the future also. the cost to taxpayers, some $136 bil- New York (Mr. TONKO) for arranging So I am proud of the SEEC organiza- lion. The cost to individual taxpayers this discussion. tion, the coalition raising the con- totaled $1.61 billion. So we know that It is well worth recognizing the anni- sciousness of the House as to the im- there is a tremendous impact here that versary of this devastating storm be- portance of this issue. has been realized by the lack of a focus cause it might be said this was a storm We are joined by Representative on climate change and global warming. like we have never seen before. That SCOTT PETERS from California. Rep- As we continue to look at recovery— may be true, but I don’t think it is cor- resentative PETERS has worked in the even from Irene and Lee in the upstate rect to say this is a storm such as we environmental arena and has contrib- New York portion—as we look at the will never see again. uted greatly in that regard. We are impact, the damage that came with A year ago, Hurricane Sandy dev- proud to have you join us this evening, Superstorm Sandy, as we look at the astated New Jersey and much of the Representative. damage recently to Colorado, and if we east coast. The storm may have faded Mr. PETERS of California. Thank look at the other extreme—not rainfall from the headlines, but New Jerseyans you very much, Mr. TONKO. I appre- and flooding, but certainly drought and haven’t forgotten. It is felt in a very ciate the chance to speak with you on looking at the wildfires that have con- personal and painful way by thousands this special occasion. sumed some States in our country, and thousands of New Jerseyans still there is definitely economic con- today. I am the climate task force chair of sequence that comes with climate These New Jerseyans are not alone. I the House Sustainable Energy and En- change. mean that in two senses. First, we can vironmental Coalition, SEEC, and I In my territory, in my area that is hear from some who are representative rise to recognize the 1-year anniversary part of the 20th Congressional District, of the millions. But also, when we hear of Superstorm Sandy and to recognize it becomes very apparent that we need from the younger New Jerseyans who those who have lost their lives as well to do more than just replace. If data are affected, we understand that they as those continuing to rebuild from the compiled are telling us that extreme represent the future that will be af- destruction. rainfall has been part of the last decade fected by climate change. Quite sim- I might mention, for the benefit of or two, then wise, effective government ply, superstorms like Sandy are the Mr. HOLT, that I am a graduate of will not merely replace but reevaluate new normal, and we had better get used Westfield High. I spent my high school how to reconfigure, for instance, a to it, even if climate change skeptics years in New Jersey. I still have sisters bridge that may cross, traverse one of claim otherwise. in Chatham and New Providence and the creeks. I know that that is the case I think response to Sandy means, of nieces and nephews. I visited regularly in many locations. course, tending to the human needs of Long Beach Island, Ship Bottom, and Looking at electric utilities, looking those who have been victims of the Beach Haven for family vacations. So I at what withstood the pressures of the storm, but it also means making sig- know well a lot of those areas and how

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I am from the long rebuilding and recovery proc- ment could give tools for planning and Washington State, and so the district ess after disaster strikes, and we have resiliency to State and local actors. I that I have the honor to represent was a little bit of a different effect from cli- think one of the first things we noticed not directly affected by Superstorm mate change and global warming. as freshmen here, one of the first votes Sandy. However, my district has begun October marks the 10-year anniver- we were asked to take, was $60 billion to feel the very real effects of climate sary—and I think the anniversary was for Sandy relief, which was the appro- change. a few days ago—of the beginning of the priate vote to take. We have spent $136 Science has shown that climate Cedar Fire, the largest wildfire in Cali- billion on relief in the last 2 years off change is driving an ongoing decrease fornia history. As a San Diego City the budget. in seawater pH. Scientists refer to that Council member at the time, I remem- Every dollar we spend now on disas ‘‘ocean acidification.’’ ber firsthand the destructive impact of aster preparedness and resiliency, we You might ask, How does that hap- this fire on people’s lives. It destroyed can avoid at least $4 in future losses pen? Truthfully, with all due respect to hundreds of homes, personal belongings and FEMA expenses. We can bounce my colleague from New Jersey, you and memories, and the recovery costs back faster with less economic damage. don’t have to be a ‘‘Jeopardy!’’ cham- were in the billions of dollars. Each day that a community is dis- pion to get this. In fact, you only need The Cedar Fire burned through rupted by extreme weather, we lose be exposed to a junior high- or senior 273,246 acres of San Diego County, de- economic output. So we need to be high-level biology or chemistry course. stroyed 2,232 homes, and took 15 lives. doing more to support our local com- It only stands to reason that as more It burned through 95 acres of the munities with emergency management and more carbon is emitted into the at- Cuyamaca State Park and blazed communication, public health, and en- mosphere, not all of it goes into the at- through 98 percent of its mature coni- ergy reliability in the event of an ex- mosphere, but, in fact, a goodly portion fer trees. To date, little of the forest treme weather event, whether it is a of it is absorbed by what covers ap- has grown back from the bare mineral wildfire or something like Superstorm proximately three-fourths of our little soil left behind by the wildfire. Sandy. globe’s surface, namely the ocean. And The community faced similar dam- Swiss Re, a major reinsurer, recently that carbon being absorbed into the age in 2007 during the Witch Creek ranked the top 10 metro areas in North ocean does, in fact, affect the pH level. Fire, and parts of the city of San Diego and Central America that face the So ocean acidification, in turn, af- were also scarred at that time. highest value of working days lost fects marine life in a lot of different Wildfires aren’t new to California, from natural perils. Nine of them were ways; but the effect that I am the most but the damages from these fires are in the United States. familiar with is the damage that it rising. This will sound familiar when On this occasion, I commit with my causes to shellfish, including the shell- we think about the warmest years on colleagues to better protect my district fish grown at farms in my districts, record all being recent. In California, from the devastation caused by ex- specifically in Mason County. Indeed, I 12 of the 20 most damaging wildfires oc- treme weather by working to rebuild am proud to tell that you the largest curred in the last 10 years. This has stronger and smarter with a mind for shellfish farm in America, Taylor huge implications for California’s tour- the future. Shellfish Farms, is located, along with ism and farming industries. For exam- Again, thank you very much for in- many others, in the 10th Congressional ple, take the Rim Fire this summer viting me. I would be happy to discuss District of Washington State. that pushed into parts of the Yosemite some of these items. The acidity in the water—the direct National Park and devastated local result of carbon emitted into atmos- 1845 tourism. b phere absorbed by the ocean—makes it After the Cedar Fire, San Diego, the Mr. TONKO. Thank you, Representa- difficult for the shellfish to grow and county and the city, are undoubtedly tive PETERS. harden their shells. Frankly, it de- more prepared and ready to respond to We are also joined by Representative creases survival rates. It makes it a large wildfire. We have better com- DENNY HECK from Washington State, harder to raise shellfish. munication equipment, better commu- who is a freshman but has brought a More than 3,200 people in our State— nication among agencies, and better very strong voice of advocacy for the a lot of them in my district—are em- fire equipment in general. More impor- environment to this Chamber. We are ployed directly or indirectly in the tantly, we have worked to minimize proud to have him join us this evening shellfish industry and by growers. The further damage through better plan- and raise again the dialogue that is so estimated total economic contribution ning. As Thom Porter, the chief of the essential about climate change, global is well over a quarter-billion dollars. San Diego Fire Authority said, ‘‘It’s warming, and the economic impact But that entire industry is threatened not about stopping a fire from occur- that every region across this country is by ocean acidification resulting from ring but preventing the amount of experiencing. climate change. It is totally threatened damage it causes.’’ So, welcome, Representative HECK, by this. Today San Diego has new planning and thank you for being such an out- I have said here on this floor and guidelines and building codes and 100- standing advocate. elsewhere many times that a healthy foot brush clearance requirements Mr. HECK of Washington. Thank you, economy is completely dependent and around homes. Before 2003, it was just sir. Thank you for the privilege to be requires a healthy environment. The 30 feet. We found that we could de- able to add my voice to this also. effect of climate change on Washington crease risk and save homes and lives. As a member of the House Sustain- State’s shellfish industry is but one of Resiliency starts at the local level able Energy and Environment Coali- the clearest examples of that fact. because they know the conditions and tion, I stand here today as well to rec- Washington State has a climate the situations on the ground. They are ognize the 1-year anniversary of change adaptation strategy that we are the people who can talk to the neigh- Superstorm Sandy and remember all working on with our regional neighbors about what they have to do to be those whose lives were lost and all bors—and, I might add, with some de- ready. We have to make our commu- those left behind who are in the process gree of progress. But without the in- nities more resilient to wildfires, hur- of continuing to rebuild their lives volvement at the Federal level and ricanes, and other extreme weather. from that destruction—not just in the with the Federal Government, our plan In the last 5 years, wildfires have months ahead but, undoubtedly, in the isn’t going to be successful. The rea- cost taxpayers more than $1.6 billion a years ahead. Our Nation must—it can, son: this is a global problem that will year. Last year, 9.2 million acres were it will, and it should—stand with those require global action; and global action

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And so, sir, on this occasion, the 1- harm that comes to our Nation as a re- We remember the communities that year anniversary of Superstorm Sandy, sult. are continuing to struggle with the I also commit to better protecting the In 2011 and 2012, there were 25 severe damage that was caused by that storm. district I represent, our Nation, and weather events that caused a billion And I say it is time for us also to plan the planet from the devastating effects dollars or more in damage each; 25 of for the future to minimize these losses of climate change. We have been wait- them were in a 2-year span. The total that will continue to happen as the ing long enough. The science is in, and price tag for that was $188 billion in planet climate continues to change. it is time to act. property damage to our Nation. And Mr. TONKO. The Representative Mr. TONKO. Thank you, Representa- the taxpayers had to pick up $136 bil- talks about the growing acknowledg- tive HECK. lion of those losses because that is ment by agencies and various elements We have also been joined by yet an- what we do in emergency relief and in of government, and I can tell you also other freshman of the House, from the flood insurance and in crop insurance. a personal experience of watching the State of Pennsylvania, another strong These weather events cost taxpayers constituents in our area understand friend of the environment and a person money. more starkly and painfully the impact who has spent much of his career de- We have something in the legislature of global warming in the aftermath of fending the environment. Representa- called the GAO. The GAO used to stand Irene and Lee. tive MATT CARTWRIGHT joins us this for the General Accounting Office. In Representative PETERS has long pro- evening. 2004, we changed the name to the Gen- moted the awareness concept—wanting Welcome. Thank you for partici- eral Accountability Office, better to re- people to understand the awareness of pating with the SEEC coalition. flect the mission of that office—ac- global warming and climate change. Mr. CARTWRIGHT. It is my pleas- countability and the proper husbanding Your thoughts on that. ure, my dear friend and colleague from of the assets and resources of the Fed- Mr. PETERS of California. Just to New York. eral Government. And they keep track follow on. It is almost hard to believe, I would of these things. I think what Mr. CARTWRIGHT said is say, that we are noting the 1-year anni- Every year, they come up with some- exactly right. We don’t know that our versary of the terrible storm we called thing that they call the GAO High Risk house is going to burn down, yet we Hurricane Sandy striking our Nation’s Report. The GAO High Risk Report is a buy fire insurance because we know shores. It seems like no more than 6 or compilation of all the risks and assets that there is a risk of it. 7 months ago that that all happened. and finances we have in this Nation as I often hear in this building, unfortu- Maybe one of the reasons is that it part of our government. It is a list of nately, a lot of professed doubts about was so horrific, so damaging, so dev- the things that threaten the assets of climate change; but even though I dis- astating, that the harm continues. the Federal Government. For the first agree with it, I think the science is There are still families searching for a time, earlier this year, the GAO High pretty clear. If you doubt it, that place to live. There are Americans still Risk Report included climate change doesn’t mean it is not going to happen digging out from this problem, trying as a reason for risk to the American and you don’t prepare for it and you to salvage the situation for themselves Government’s assets. don’t plan for it and you don’t make and their families. And so it is almost This is not just about security. It is the investments to be more resilient, hard to believe that it was a full year not just about infrastructure. It is not which is what the STRONG Act is ago that this happened. just about damage to agriculture. It is about. This is a country that suffered so not just about risk to the health and So I completely agree. In the face of much in loss because of Hurricane well-being of all Americans. It is also doubt, that doubt should not equal in- Sandy, with $245 billion in business about financial losses to the American action. The fact that we have the losses and $50 billion in property dam- Federal Government, because, after all, strong evidence that this is happening, age. we are an insurance company. that we have had these off-budget ex- I come from Pennsylvania. Pennsyl- We are a government that insures penses, is every reason in the world we vania, so far as it is from the seacoast, against flood. We are a government need here to plan. still had 1.2 million residents lose elec- that insures against crop damage. We I would say to folks listening at tricity during that event. In my own do that. That is something that we home that they need to get in touch district, up in the hills of the 17th Dis- have thought about and something with people in this body to let them trict of Pennsylvania, we still lost that makes sense for our Nation. But know that. power for 53,000 residents. we end up in the position of an insur- One thing I would just add briefly Indeed, I am so sorry to say that we ance company, and we end up paying about what we did in San Diego, I was had several lives lost in my district due the price tag when these storms hap- chair of a volunteer climate initiative to Hurricane Sandy; people who per- pen. The GAO recognizes that and rec- which was part of the San Diego Foun- ished because of falling tree limbs and ognizes that climate change is a major dation’s effort to do civic engagement. because of hypothermia due to expo- driver in the risks to the American fi- What we tried to do was, through phi- sure. We had somebody we lost because nances as a result of these programs lanthropy, provide good support for de- of exposure to carbon monoxide be- that we do. cisionmaking locally around climate, cause of generator fumes that were As a result of all of that, in a few because a lot of leadership, as you emitted during the blackout. months, I will be introducing a com- know, Mr. TONKO, is happening at the We had tens of thousands of homes prehensive climate adaptation bill. Be- local level. and businesses damaged in my district cause, again, we can argue until the We provided research on science. We because of Hurricane Sandy. So don’t cows come home about what causes cli- did a study of what the major climate think we didn’t notice it either and mate change and what the effects of it effects in San Diego would be, which don’t think we didn’t pay attention to are, but one thing that can’t be denied are more intense wildfires, water sup- the suffering of all of the other Ameri- and that the GAO doesn’t even deny is ply threats, and sea level rise—no sur- cans because of Hurricane Sandy. that this costs American taxpayers prise to anyone here. And we were able There is no denying that there is cli- money, and the best way to handle that to give that information to our elected mate change. There is just no denying is to plan for it. And so, with the sup- officials so that they knew what we it. We can argue all day about what is port of the White House, I will be intro- had to plan with locally. causing it and what to do about it, but ducing a comprehensive climate adap- We also did a public opinion survey there is no denying that it is happening tation bill later this year. It should be just to let them know what people and that it is resulting in more and out in a few months. thought. It turned out that people in more frequent weather events like this And so, on this, the 1-year anniver- San Diego wanted to be leaders on cli- and more and more severe weather sary of the horrible tragedy that was mate action. First of all, they wanted

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6880 CONGRESSIONAL RECORD — HOUSE October 29, 2013 to be leaders in the State. They also employed but who are struggling. ments are extremely delicate, and part didn’t want the jobs associated with These would be asset-limited people, of our fabric as a Nation is to be able the industrial opportunities to be going people who are barely earning a living. to share our sense of history with ei- to China or Texas. So we were able to This makes up, really, about a third of ther other people of the United States arm our elected officials with that in- New Jerseyans. They have no cushion. or with visitors who travel to this land, formation and made them a lot bolder Yet about a third of New Jerseyans in- so there are impacts that come. about taking the actions that we need- curred more than half of the residen- I would also talk about the infra- ed to take. tial damage—the cost—and are obtain- structure impacts on the energy side. I bet the people in this body would ing only slightly more than a quarter We witnessed situations in which some benefit from the same kind of informa- of the resources that are available for fared better than others, and I was tion and wouldn’t be surprised that rebuilding. So low-income families, proud of our SEEC organization. Now, America is behind us in taking action, who tend to have less safe, less resil- you and I are longtime charter mem- particularly on getting ready and being ient housing, are the ones who suffer bers of SEEC, and I am proud of the resilient and being prepared to save the most damage. Many who work fact that we called upon the Sandy Re- money down the road. hourly jobs are less able to deal with building Task Force to help communities rebuild stronger and smarter by b 1900 the loss of wages that occur from these disasters. Many of them were under- having the task force issue guidance No one likes spending $134 billion off- insured, and about 90 percent did not for combined heat and power, CHP sys- budget. I certainly didn’t, and I know have flood insurance. So it is only a tems. Those systems fared well in areas my colleagues don’t. There is no need fraction of the people in New Jersey, ravaged by these superstorms. to do that. We can be prepared. but it is a very large fraction of the CHP, as many know, is an innovative Again, thank you very much for people, who suffered the really severe sort of concept, an energy-efficient scheduling this at this hour. damage. method for generating electricity and Mr. TONKO. Thank you very much, As bad as this is in America, the ef- harnessing heat, the thermal energy Representative PETERS. fects of climate change are even worse that accompanies that. In CHP sys- The gentleman makes mention of in developing countries around the tems, heat that normally is wasted—al- awareness and of the many visuals out world. Developing nations are more lowed to escape—is captured and recov- there that strike awareness even a vulnerable to crop failure. Tropical dis- ered as useful energy, and that allows coast away. us to require and to, perhaps, promote Representative HOLT, I just noticed eases are very sensitive to climate this integrated concept approach far recently in the news the reopening of change. Malaria and dengue fever and more efficient than conventional power the boardwalk—of the very famous, diarrheal disease are more prevalent generation would be. Conventional traditional boardwalk in your home now because of climate change, and de- methods have a typical combined effi- State—as you continue to recover from veloping nations are less able to afford ciency of 45 percent, while CHP can op- the damages of Superstorm Sandy. The the damage that results. I got in some trouble earlier this erate as high as 80 percent. This tech- awareness is an amazing piece of the year—I was challenged earlier this nology is not only efficient; it also has action here, and something as visible year—when I said we have got to deal demonstrated resiliency to extreme and understandable as that boardwalk with climate change or millions will weather events. I can cite South Oaks brings it home for many people far re- die. In fact, I looked it up. The World Hospital on Long Island, which is a moved from New Jersey. Mr. HOLT. Some of the repair has Health Organization estimates that cli- hospital facility that includes an acute taken place, but the recovery takes a mate change is already causing 140,000 psychiatric hospital, a nursing home very long time. deaths per year—more than would have and an assisted living center. During Today, three New Jerseyans came to occurred without the climate change— the storm and its aftermath, the hos- visit me. primarily in developing countries. So pital maintained full power through One, Eric, from Jersey City, had been it doesn’t take very many years before, the use of its 1.3 megawatt CHP sys- ready to open his bakery with his wife indeed, millions are dying. That is tem. when Sandy hit. The bakery was flood- something of the human cost of what Again, lessons, hopefully, will be ed by 6 feet of water, and a lot of equip- we are talking about. learned. So, as we go to replace, we ment was damaged. It delayed until Mr. TONKO. In every measurement also have to transition some of our fairly recently the opening of that bak- that we make, there is a huge impact thinking and make certain that we are ery, and of course there was the loss of that climate change calculates to the building systems that will be able to income to that family. negative. You talked about the impact endure these storms into the future. Norma, from Seaside Park, was dis- worldwide. It is the sightings of a per- Certainly amongst our priorities has placed by severe flooding, nearly 4 feet. fect storm, with less available land as got to be this all-out effort to combat We can talk about the depth of the it erodes with these floodings and with global warming, climate change, to storm surge or about the record low a growing population worldwide. That make certain that we do all of our pre- barometric pressure or what the wind is the formation of a perfect storm. ventative measures. Then when we re- speed was, but we mustn’t lose sight of But when we look closer to home, in build, we do it in a way that is efficient the people who were affected here. these United States, you and I are part so that sound government, smart gov- Norma had space in her home that was of the delegations that represent coast- ernment, is the tool that is reached to flooded, and so she lost the rental in- al States. The coastal erosion and the rather than awkwardly replacing in a come for that space. She is still clean- erosion of valuable farmland in my dis- sort of rush order to get us back into a ing up. Incidentally, she is a science trict are realities, and it is measurable working progressive outcome, but supervisor at a local school, and is now already. The forewarnings are out where we haven’t addressed some of the talking personally about climate there to take action to prevent further dynamics of the ravages of weather, change and extreme weather. erosion. When you think of that im- which is teaching us several lessons as April, from Jersey City, is a single pact, it comes in several dimensions, we go through these many storms. mother of a child with asthma, who perhaps agricultural in nature as it is a So you are absolutely right. The peo- was uprooted because of the flooding major sector of our economy in this ple are the most impacted here. We from Sandy. She is now dealing with country, or in tourism. One of the bits have to keep them front and center in mold issues in her child’s school as a of erosion that I saw—one of the im- our thinking, but all of these services result of the flooding, and she has got- pacts that came—was with tourism in- that either provide jobs for people or ten involved in helping low-income frastructure, with very valuable his- provide economic opportunities, eco- families recover from Sandy. toric sites that were nearly ruined and nomic growth, or that meet their pub- I want to make this point about who that are along the beds of creeks and lic safety needs or their energy needs is hurt the most. rivers that are tourism destinations or their household needs or their busi- Researchers at Rutgers University in but that now are shut for business as ness needs have got to be brought into New Jersey looked at families who are they get repaired. Some of these ele- this calculus that is adjusting concepts

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6881 based on the theory of climate change, growing number of representatives—56 sible to produce and use energy that and where we, again, underscore the strong as we speak. Individuals are will power our economy and provide a importance of prevention. talking about the consciousness, rais- good quality of life for 10 billion people Mr. HOLT. Mr. Speaker, I want to ing the consciousness, talking about in the world if we are smart and if we make sure that all of our colleagues awareness out there in the community. get to work now. We can do it in a way understand that when my friend from But there is also a requirement for leg- that doesn’t ruin the world and con- New York talks in detail about new en- islative action. Absent that, we move demn all of these billions of people to ergy systems that he is talking about to an executive order, and some have the kinds of superstorms, the kinds of human welfare, that he is talking expressed concern about that. effects of climate change and spreading about addressing the human cost that Leaving no other option available, diseases and so forth that will result if we were speaking of earlier. In other the Chief Executive, the President, has climate change runs amuck. words, it is not just a matter of pro- moved to resolve some of these con- New Jerseyans need no further re- viding energy for people to power our cerns through organizations and agen- minder that climate change is real. economy and provide comfortable daily cies like the Environmental Protection Evidently, some of our colleagues here lives; it is also a matter of doing it in Agency. So I think there needs to be do need that reminder. This year, one a way that avoids this enormous this dialogue here and in the United year after Hurricane Sandy, we are human cost from climate change. The States Senate, working with the Presi- here to tell our friends, to tell our col- way we produce and use energy is the dent, with the White House, and the leagues this is for real, this is serious, greatest insult to our planet. It is administration to develop a sound and we should get to work. The work of changing our very climate, and we package of legislation that allows us to the Sustainable Energy and Environ- must address that. The sooner we ad- go forward. mental Coalition is dedicated to that dress it, the more effective we will be It is apparent after the number of work. at addressing it, and the more of these stories heard here just this evening and I thank my colleague, Mr. TONKO of costs we can avoid. the personal anecdotes that you New York, for his work to propel the It is unmistakable, unequivocal, that shared, Representative HOLT, about SEEC coalition. global warming has taken place and is people from New Jersey and the pain Mr. TONKO. Thank you, Representa- taking place. Just in the past month, that they endured. That should moti- tive HOLT. the Intergovernmental Panel on Cli- vate us to move forward with a plan of I will close by just focusing in on this mate Change came out with its fifth action, understanding that the cost of graphic, which showed the enormity, very carefully prepared report. It says inaction is very, very heavy. Many the immense breadth and depth of this that global temperatures are likely to have placed threshold dates out there. Superstorm Sandy. 1 rise from a third of a degree to 4 ⁄2 de- They are not that far into the future— Many didn’t relate that storm to a grees, roughly, Celsius, and that sea 2017, 2020 some say at the latest. huge tide coming in. For any of us who levels will rise. It is certain that the It is our stewardship that is called have jumped into the ocean, we know upper ocean has already warmed over upon. We inherited this environment, the power of a tide. But to have the the last three decades. It is certain this Earth, from ancestors who pre- highest storm surge ever measured re- that the upper ocean has already ab- ceded us. Now it is our challenge, I be- corded at Kings Point, New York, the sorbed carbon dioxide, making it more lieve, to hand that to next generations highest ever recorded at 14.38 feet, tells acidic, as we heard from our friends unborn in even better working order a story. The fact that the water level earlier. with the growth worldwide of popu- at Battery Park in Lower Manhattan Most of the aspects of climate change lation, with the industrialization of reached 9.1 feet above the average high will continue for centuries with the re- many Third World nations, the reach tide line. Think of it—1 inch, 2 inches, sult in a cost in lives and dollars if the to automobiles being put on the high- a foot of water additional that comes CO2 emissions are not brought under into a flood zone calculates that much control. In fact, some of these costs ways around the world, the develop- more damage. will be incurred now even if we bring ment of power supplies around the world, causing this huge growth of Here, what we had with the situation CO2 emissions under control because of were records beyond 9 feet, approach- the damage already done, but it is im- challenge in terms of carbon emission and eventually methane that will de- ing 10 feet, a storm surge of 14.38 feet. portant to emphasize that it comes We are talking monumental damage. down to the human cost. That is what stroy antibodies out there. We are talking about a force that we mustn’t forget in all of the charts So the challenge is before us. I think swept away lives, a force that sparked and graphs and scientific discussions of we need to go forward with a very fo- fires in neighborhoods, a force that the causes and effects of climate cused effort of policy development that wiped out businesses and found neigh- change. can be done in the very near future Mr. TONKO. I think it is very impor- here in the House. borhoods still vacant, a silence that tant for us to recognize, too, that here Avoiding that, walking away from it, has befallen these given communities this evening you and several of our col- denying it ought to be revisited by because of the ravages of Mother Na- leagues and I have shared thoughts those who have suffered heavily from ture that can be prevented if we put about painful consequences in our the damages of these storms. Certainly our minds and hearts and efforts into given regions, or we have talked about as we focus on Superstorm Sandy this that concept of being better stewards not only flooding but drought situa- evening, on that one storm here, it has of the environment. tions and wildfires. We have talked brought to mind many, many situa- This is a place where a plan of action about the economic impact of climate tions where people are still suffering— can take hold. In these Halls of govern- change with these associated storms. blocks destroyed by fires in ment, leadership is called upon. A We have talked about the recovery ef- Superstorm Sandy that destroyed moral compass points in the direction forts. We have talked about neighborhoods. of us being sounder friends of the envi- Superstorm Sandy on this 1-year com- We have a challenge before us, Rep- ronment and protectionists when it memoration date, still finding its resentative HOLT. comes to getting things done so as to neighborhoods, its communities, its Mr. HOLT. The work of the Sustain- avoid the high scale of economic de- people, its businesses, its farming com- able Energy and Environmental Coali- struction that has gripped our commu- munities still struggling to recover. We tion here in Congress is to see that we nities. have talked about all of this, and now can move into the future in a sustain- I still see it in the aftermath of Irene I think we need to close, in the remain- able way. and Lee in the 20th Congressional Dis- ing minutes we have in this hour, and It is completely appropriate that we trict of New York. Damage done in 2011 talk about a plan of action. talk about both energy and environ- is still causing hardship in 2013, im- ment in this same—really with the pacted by all sorts of weather events b 1915 same breath. Because as I said, the way that are atypical of our region—tropic Now, SEEC, the Sustainable Energy we produce and use energy is the great- storms, hurricanes, tornados—that and Environmental Coalition, has a est insult to our planet. But it is pos- wiped through the area and required all

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6882 CONGRESSIONAL RECORD — HOUSE October 29, 2013 sorts of volunteerism to enter in, and Army Chaplain Father Tim Vakoc When I think about all the vets who certainly dollars that were shared from was hit by an IED in Mosul, Iraq, in have impacted my life personally, it is private sector sources and from FEMA May of 2004. He suffered severe head a list that is too long to read, and they at the Federal level and various other wounds from the explosion and from have impacted me in so many ways. programs at the Federal Government. shrapnel. He came home, but over time I often think of my grandfather who It will be an exhausting situation that he succumbed to these wounds. The served in World War I in France in 1918. will continue to drain the taxpayers as troops often asked Father Vakoc, Why I never met my grandfather on my we move forward if we don’t take ac- did you go out so often with us when mother’s side. He died in 1966, just 2 tion. you could have stayed back on the base years before I was born, but he was in On this very solemn day of com- where it was safer? But, no, you came the Army. He processed through Camp memoration, as we call to mind all of out with us into the fight, into the Pike in Little Rock, Arkansas, where I the destruction that came into 24 combat. He was quoted as saying: did a lot of Reserve duty. I often States a year ago this evening, should The safest place for me to be is in the cen- thought of him when I was there. I be all the call to action that is required ter of God’s will; and if that is in the line of went to basic at Fort Lee in Virginia, of us. Since then, it has been followed fire, then that is where I will be. and come to find out, that is where he by devastation in Colorado, wildfires in As I served as a surgeon in Iraq, it went. He went to Fort Lee before he the Southwest, and predictions that was part of my job to talk to troops went to France in 1918, and I thank him more and more damage will be part and whose comrade just was being taken for his service. parcel to a future that is allowed to go back to the operating room, to talk to I also want to mention one of our fa- forward without the soundness of stew- them before and after surgery when mous vets in closing, one of our most ardship of the environment that ought they were wounded. There are things famous vets from the Second Congres- to be a high priority in this House, in you never forget from that. sional District of Arkansas, and that is the United States Senate, and cer- I will never forget going into a room Nick Bacon. We recently were able to tainly across this Nation. full of marines to tell them about the name a post office after Nick Bacon. He Sound leadership begins with the ac- condition of their buddy before we op- is a Medal of Honor winner. He passed knowledgement that there is a chal- erated, and sitting in that room away recently. He was born in Cara- lenge out there and that the challenge hunched over was a marine praying his way, Arkansas, in 1945. He enlisted in is then met with accurate and detailed rosary. I will never forget how I felt 1963 at age 17. The story goes that he and information exchange that builds a when I went back an hour later to have was too young to enlist, so he just sort dialogue that creates a package of re- to tell them that he didn’t make it. of fudged a little bit on the age. He was sponse that indicates that we are a They fight for their country, but they stationed in Germany for awhile, did a compassionate, caring, loving people in die for each other. tour in Vietnam. He was wounded three this Nation that through the Halls of Tonight, we are honored to have sev- times during his first tour in Vietnam this House can provide hope for this en- eral Members here, Members that very when the helicopter he rode in collided vironment and hope to families who served, to tell their stories, to tell with another, and all were killed but have suffered the consequences and their stories about a hero that they Bacon and one other. So he volunteered hope to generations unborn as we pass have served with, to let America know for a second tour in Vietnam because to them a stronger sense of steward- about these great people, and to pay re- that wasn’t enough. I want to read this ship of this Earth. spect to our veterans. little paragraph that talks about what It has been our pleasure in this hour At this time, I yield to the gen- happened that led to him being award- to have shared many of our ideas, tleman from Arkansas, Lieutenant ed the Medal of Honor. many of our concerns, many of the an- Colonel TIM GRIFFIN, who is a colonel On August 16, 1968, while leading a ecdotal bits that personalize a given in the United States Army Reserve squad in Bravo Company’s 1st Platoon, situation for far too many, and we are JAG Corps. He served in Iraq in 2006. in an operation, Bacon and his unit thankful for the opportunity. He had been assigned to the Southeast came under fire from an enemy posi- Mr. Speaker, I yield back the balance Medical Area Readiness Support Group tion. He personally destroyed the posi- of my time. as a command judge advocate. When he tion with hand grenades, but the pla- f went to Iraq, he was assigned to the toon leader was wounded on open TRIBUTE TO OUR MILITARY 101st Airborne Division. ground. Bacon assumed command, led Mr. GRIFFIN of Arkansas. I thank VETERANS the platoon in destroying still more the gentleman, and I thank the gen- enemy emplacements. The 3rd Platoon The SPEAKER pro tempore (Mr. COL- tleman for his service. LINS of Georgia). Under the Speaker’s Mr. Speaker, I want to talk first here lost its leader, and Bacon took com- announced policy of January 3, 2013, about a fellow Screaming Eagle, a fel- mand of that platoon as well and led the gentleman from Ohio (Mr. low member of the 101st Airborne Divi- both platoons against the remaining WENSTRUP) is recognized for 60 minutes sion, who was wounded in action, Ser- enemy positions. During the evacu- as the designee of the majority leader. geant Carl Moore, III, from Bigelow, ation of the wounded, Bacon climbed Mr. WENSTRUP. Mr. Speaker, to- Arkansas, in the Second Congressional the side of a nearby tank to gain van- night we are here 2 weeks before Vet- District, my district. tage point and direct fire into enemy erans Day to take some time to pay Sergeant Moore in early June of this positions, despite being exposed to tribute to so many of our outstanding year was wounded while on patrol in enemy fire himself. He was personally veterans and for the great things that Afghanistan. A bullet struck him under credited with killing at least four they have done. Arthur Ashe, a world- his arm, puncturing one of his lungs enemy soldiers and destroying an anti- class tennis player, a hero to many, and grazing his spine. tank gun. For his actions in this bat- was once asked about heroism. He said: I pray for Carl’s speedy recovery so tle, Bacon received the Medal of Honor, True heroism is remarkably sober, very he can get back to enjoying the things formally presented to him by President undramatic. It is not the urge to surpass all that he loves. My thoughts go out to Richard Nixon during a 1969 White others at whatever cost, but the urge to his parents, Carl and Teresa of Conway, House ceremony. serve others at whatever cost. Arkansas, also in my district, and his He earned multiple awards within the This describes our veterans so well— wife, Heather, and their 4-year-old military for various accomplishments. serving others at whatever cost. daughter, Addison. In addition to the Medal of Honor, he Tonight, we give credit where credit was awarded the Distinguished Service is due. In honor of Veterans Day, we b 1930 Cross, Legion of Merit, Bronze Star willingly say thank you, thank you to This is just one example of the type Medal with two Valor devices, and two the 1 percent. Only 1 percent of Ameri- of service that we should all be thank- Purple Hearts. cans have worn the uniform. Over that ful for, and tonight I want to thank Then he went back to Arkansas and time, they have produced exceptional Sergeant Carl Moore for his service and years later served as the director of the results on behalf of freedom time and for his sacrifice, and for his family’s Department of Veterans Affairs, and time again. sacrifice. was reappointed by Governor Mike

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6883 Huckabee in that position, and he we can certainly agree that Force These are the type of people that we served until February 2005. Recon marines have earned the respect are here to honor tonight. We lost Nick in 2010, but he is a shin- of their fellow marines and fellow Next, it is my privilege to yield to ing example of the type of selfless serv- Americans. the gentleman from Utah, CHRIS STEW- ice that veterans often give, dem- He was among the first to enter ART, an Air Force pilot for 14 years, onstrate for their country, and I just Kosova in 1999 with his first unit, and flying both rescue helicopters and B–1 want to say thank you to Nick Bacon 5 years later, he found himself in com- bombers. He holds three world speed and the many veterans that he rep- mand of Echo Company, 2nd Battalion, records, including the world’s record resents, the thousands of veterans from 1st Marines. During Operation Vigilant for the fastest nonstop flight around Arkansas that he represents. Resolve in 2004, Doug led his rifle com- the world. Mr. Speaker, I want to thank the pany of 168 marines and sailors in the Mr. STEWART. Thank you, Mr. gentleman from Ohio for putting this first ground assault into Fallujah. His WENSTRUP, for organizing this Special together. A lot of times we come down remarkable leadership earned him a Order honoring our country’s heroes. It here and debate a lot of policy issues, number of decorations. These things is a privilege for me to be with you to- but I think it is the right thing to do, weren’t important to Doug, but it is night. to take this time tonight to honor our important that our country recognize As you mentioned, I come from a veterans. our fearless leaders like him. We family with deep roots in the military. Mr. WENSTRUP. I thank the gen- awarded him a Silver Star, a Bronze I was a pilot for 14 years, and my father tleman from Arkansas. Star, two Purple Hearts for the wounds was a pilot in World War II. Four of my At this time, I would like to recog- he suffered in the course of the Battle five brothers have served in the mili- nized the gentleman from Indiana (Mr. of Fallujah. His men were so impressed tary. I have to tell you, my time flying YOUNG). Mr. YOUNG is a graduate of the by the bravery and the principled lead- in the military was, in many ways, the U.S. Naval Academy. He was a rifle ership that Doug exhibited that they happiest years of my life. I remember I platoon commander as well as an intel- named him the ‘‘Lion of Fallujah.’’ The would be up flying, and I would think I ligence officer, serving a decade in the Lion of Fallujah would serve four com- can’t believe that they pay me to do military as a Marine Corps captain. bat tours in Iraq. this. I would do this for free if I could. Mr. YOUNG of Indiana. I thank the In his final tour, on May 11, 2007, In addition to my family members, gentleman from Ohio for his leadership Doug was killed by small arms fire. He three of my congressional staff are vet- in these early stages of his first tour in was always thinking of others first. erans. I know firsthand some of the Congress. I know he is proud of his Doug warned the Iraqi forces that he sacrifices that come with service—the military background, and I know he is helped train to get down, but Doug time away from family, the personal proud of our Nation’s veterans. I am himself did not make it. discomforts, the danger, being put in proud of my own service, and I am A mutual friend of ours and fellow harm’s way—for many of our soldiers, proud of our veterans as well, the vet- Naval Academy classmate, Eric all to protect our Nation and to protect erans of Indiana’s Ninth Congressional Kapitulik, who was very close to Doug, the freedoms of others. There have been great sacrifices in District, those veterans I served with. he delivered a moving eulogy at Doug’s the past. Some of those we have heard And I would like to just highlight funeral at the Naval Academy chapel. about tonight. I suspect that we will today one veteran who inspires me as I He read some words that were written by Doug himself in the closing of that probably hear about some others. reflect upon his life, one veteran that I I would like to mention one man eulogy, entitled, ‘‘Principles My Fa- had the opportunity to get to know from my hometown of Farmington, ther Taught Me,’’ and here they are: when I was at the United States Naval Utah. I think he is a great example of Academy. He is a fellow marine. And Be a man of principle. Fight for what you believe in. Keep your word. Live with integ- sacrifice and courage. His name is Veterans Day, you will recall, is a day Lieutenant Colonel Jay Hess. He spent of celebration. November 11 is a time rity. Be brave. Believe in something bigger 51⁄2 years as a prisoner of war at the we celebrate not only those living, but than yourself. Serve your country. Teach. Mentor. Give something back to society. Hanoi Hilton during the Vietnam war. also those who have worn the uniform Lead from the front. Conquer your fears. Be During this time, you can imagine and died in the course of service. a good friend. Be humble and be self-con- what he endured—starvation, beatings, So today, I would like to talk about fident. Appreciate your friends and family. isolation, and deprivations, which it is my classmate, the class of 1995 at An- Be a leader and not a follower. Be valorous very difficult—probably impossible— on the field of battle. And take responsi- napolis, Doug Zembiec. Maybe some of 1 bility for your actions. Never forget those for us to appreciate. After 2 ⁄2 years, he you have heard of Doug. He is a man of was finally given a letter from his fam- quite a reputation. He was a two-time that were killed, and never let rest those that killed them. ily. As he read this letter, he found NCAA All-American wrestler at the That is Doug Zembiec. May God con- himself smiling, and after awhile it Naval Academy. He was a leader. He hurt, because those smile muscles had had an amazing presence. Even among tinue to bless Doug Zembiec and his wife and beautiful child he left behind. not been exercised in 21⁄2 years and he his fellow athletes who spent a lot of had lost that ability to smile. It was a their hours preparing for the next May God continue to bless our Nation’s veterans, and may God continue to joyous day when he was returned to his match, the next game, he stood out. He family, his wife and five children. worked especially hard, always went bless this great Nation, the greatest Nation on Earth, America. above and beyond. Because of his tire- b 1945 Mr. WENSTRUP. I thank the gen- less work ethic, because of his infec- tleman from Indiana, and thank you Despite all of this hardship, he looks tious personality and a certain X fac- for sharing that story of heroism. So back on his life and his experience with tor about him, Doug just earned all often we don’t get to hear about our great humility and appreciation. He sorts of friends. And he earned the re- heroes today. They go unnoticed. said, ‘‘How could I be so lucky? So for- spect of people in an atmosphere at a What you just spoke on reminds me tunate? It is a good life.’’ This man was service academy where leaders and as- of a gentleman named Mike Spann. a true American hero. piring leaders are competing for the re- Very few people know who Mike Spann Heroism continues today. This fall I spect of their peers, and that really is. Mike Spann was a marine, and he had the opportunity to honor four says something. joined the CIA. After 9/11, 2001, he was Army soldiers. Two of them, Sergeant On May 31, 1995, Doug and I were the first American killed in Afghani- Daryl Williams and Sergeant John commissioned as second lieutenants in stan. What is even more impressive Russell, were jogging here on the Na- the U.S. Marine Corps, at which point about Mike Spann is what he wrote on tional Mall one morning when they our careers took separate paths. After his CIA application. He said: heard a collision. They looked over and initial training at The Basic School in saw that a civilian had been hit by a I believe in the meaning of honesty and in- Quantico, Doug joined a Force Recon- tegrity. I am an action person who feels per- bus. They didn’t hesitate. They knew naissance platoon. It was among the sonally responsible for making changes in immediately what to do. They ran toughest of the United States Marines. this world that are within my power, because over, and using their shirts, they pro- We like to think we are all tough, but if I don’t, no one else will. vided a tourniquet and they saved this

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6884 CONGRESSIONAL RECORD — HOUSE October 29, 2013 man’s life. That may seem like a small Asad, Anbar Province, Iraq. I was as- trieve Lance Corporal Weaver, they thing, but it is a great example, once signed as the chief of emergency serv- stood there and they stood there and again, of the caliber of men and women ices and aeromedical evacuation at a they stood there. that we find serving in our United combat support hospital. A combat I went in and said, ‘‘Guys, you need a States military. As Veterans Day ap- support hospital is similar to any inner break? Take a break. Sit down.’’ Their proaches, I find myself humbled to city emergency department, with peri- response to me was, ‘‘Sir, never leave a share this background and experience ods of hustle and bustle, kind of rou- fallen comrade.’’ There they stood with such people. I have always said tine stuff, punctuated by moments of until Mortuary Affairs came to re- that the military is the greatest incu- controlled chaos and sheer terror. trieve that young Marine. bator for leadership that there is any- Such was that day on February 21. Such is the story of those who sac- where in the world, and we see that We were taking care of routine cases in rifice and of those who are dedicated to demonstrated again and again. the emergency services section when those who wear the uniform. I remem- Let me end with this. The United the radio crackled and we received a ber their names and I remember their States of America is a special place. I call from an incoming helicopter say- faces to this day. I remember that day recognize that most nations feel that ing that they were bringing in a young and the actions that those heroic men way. Every one is proud of the land Marine who had been shot in the chest. and women took, from Lance Corporal from which they come. I think God in- Of course we quickly focused on the Weaver to the helicopter pilot to the tended that they should feel that way. task that would soon be at hand. As medics in the back of that helicopter That is a good thing. Even though that the chief, I was making assignments, to my team and everything we tried to is true, there is something special making sure all our equipment was do. That is why we gather here tonight about this place. There is something ready. We were ready to receive this to pay tribute to these very special truly unique about the United States, casualty and make sure that we could men and women. and there is no better example of that return him home. May God bless our veterans, their than the young men and young women A couple of minutes later, the radio families, their survivors, and may he that serve in our United States mili- crackles again, and it is the helicopter continue to bless the greatest Nation tary. We don’t fight to conquer people; calling in to tell us that the casualty on his Earth, the United States of we fight to keep a people free. We don’t was now unresponsive and that they America. fight to capture a land; we fight to set have lost his pulse. A quiet fell over Mr. WENSTRUP. Thank you very a land free. The only thing we have the resuscitation area. Everybody was much, Dr. HECK, Colonel Heck. Thank ever asked is, as Colin Powell once singularly focused on what we were you for sharing that story. As a sur- said, the only land we have ever de- going to do for this young Marine when geon who served in Iraq, that was very manded is a tiny piece of pasture in he arrived. The helicopter lands, we moving to me and very familiar. which we could bury our soldier dead. offload him, get him into the resuscita- I think about how my experience in If you have ever been to a military tion suite, and we start doing what war has changed the national anthem cemetery—and they are spread all over medical folks do, ripping off clothing, for me. When I hear the ‘‘rockets red the world, from France to England to starting IVs, doing an assessment. It glare and bombs bursting in air,’’ I the Netherlands to Panama to the winds up that he received a single gun- think of those that we didn’t save. Philippines to Japan—if you have shot wound to the chest, just mere mil- When I think of ‘‘home of the brave, walked among those stone-cold graves, limeters to the side of his trauma plate land of the free,’’ I think of those that then you know that this is sacred land. protecting his center of mass. have saved us time and time again A poet once wrote about these sol- His eyes stared up at me lifeless as I throughout our history. diers: was at the head of the bed. He was un- At this time, I yield to the gen- Here dead we lie, because we did not choose responsive. We quickly tried every- tleman from Michigan (Mr. to live And shame that land from which we thing that we could to bring this young BENTIVOLIO). He is retired as a sergeant had sprung Life, to be sure, is nothing much man back. We worked for over a half an first class in the Army National Guard. to lose But young men think it is And we hour doing things that in a civilian He had service in Iraq in 2007 and were all young emergency department would be conserved in Vietnam as an infantry rifle- I, like millions of other Americans, sidered heroic, but we were going to do man from ’70 to ’71. will always be grateful for their sac- everything we possibly could. Alas, we I yield to the gentleman from Michi- rifice. I honor them, and once again I were not successful. That young man gan. am grateful to be among them. was Lance Corporal Drew Weaver of St. Mr. BENTIVOLIO. I thank the gen- Mr. WENSTRUP. I thank the gen- Charles, Missouri, and he was 20 years tleman from Ohio and brother in arms tleman from Utah for his profound old. He sacrificed and gave his last full for the opportunity to speak today. words and for sharing such a nice trib- measure of devotion to this country. Mr. Speaker, my grandfather served ute. What happened next was even addi- in World War I, and my father and Next, I yield to the gentleman from tionally awe-inspiring. My charge uncle served in the 1940s. The gen- Nevada, Dr. JOE HECK. Dr. HECK is a nurse, Lieutenant Colonel—now re- tleman who lived in the house across colonel in the United States Army Re- tired—Maria Tackett came into the the street from where I grew up was a serve and commands the Medical Read- room with a bucket of sudsy water and former sailor in World War II. His air- iness Support Group. He was recently gingerly, carefully started to wash craft carrier was hit by a kamikaze. selected for general, and he continues down Lance Corporal Weaver, wiping Down the street a few houses, was to serve. Over time he has served us in the dirt from his brow and his face, someone who fought in the Korean war. Operation Joint Endeavor, Operation wiping off the now dried blood from his His daughter, Cookie, gave me my first Noble Eagle, and Operation Iraqi Free- body. Just like a caring mother, she kiss. Near him lived another veteran dom. took care of this young 20-year-old Ma- who served on a destroyer in the Navy, I yield to the gentleman from Ne- rine. and there were two men across the vada. Just when I thought I couldn’t see street from him who served together in Mr. HECK of Nevada. I would like to any other acts of compassion greater General Patton’s 3rd Army as part of thank my brother in uniform, the gen- than that, two of my medics, young en- the force that relieved the 101st Air- tleman from Ohio, for organizing this listed folks, came in with an American borne at Bastogne. I can still see their very important Special Order to pay flag. I have no idea where they got it faces. Their examples of service played tribute to some very special people, from. They might have taken it off the a crucial role in why I served in the America’s veterans, America’s heroes. flagpole in front of the hospital. They armed services. I want to tell a story that I think carefully draped the flag over Lance Our next door neighbor was Charles epitomizes the very sacrifice and dedi- Corporal Weaver, and then they both Parker, Sr. As a Marine in World War cation that our men and women in uni- took up a position of parade rest at the II, he received the Purple Heart on Iwo form have to this Nation. The date was foot of the bed. While we were waiting Jima. His son, Charles, Jr., was my February 21, 2008. The place was Al for Mortuary Affairs to come and re- best friend. When I think of Chuck, I

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6885 still smile. He was the guy who stood To my fellow veterans of the 182nd opportunity to come home and, as we up for the little guy. I remember one Field Artillery of the Michigan Army have heard tonight, those who have time when this big bully picked on this National Guard, and to all the veterans served our country and paid the ulti- little kid and a fight started. Chuck past and present, thank you for your mate sacrifice. rushed into action and broke up the service. May God always bless Amer- So I would like to personally thank fight. He defended the weak. Doing the ica, and may we continue to be the my colleague, TIM GRIFFIN from Arkan- right thing matters. home of the free because of the brave. sas, for his service, not only as a mem- Charles Parker’s name is inscribed on ber of our military, but as a Member of b 2000 the Vietnam Wall memorial, panel 40 this Congress. west, line 25. He died in service to his Mr. WENSTRUP. I thank the gen- I would like to thank my colleague, country on October 23, 1968. Doing the tleman from Michigan (Mr. TODD YOUNG from Indiana, for his serv- right thing matters. BENTIVOLIO) for his words. ice in the military, and also for his I think my understanding of service I would like to take a moment to tell service in this body. can be best summed up in the message you about James McNaughton, Staff I would like to thank my colleague, of the movie ‘‘Saving Private Ryan.’’ Sergeant James McNaughton, Army JOE HECK, Dr. JOE HECK, for his service Perhaps you have seen it. If you Reservist, an MP, New York City po- for our Nation, not only in our Nation’s haven’t, let me tell you what it is liceman. military, but also in this body. about. The movie begins with an elder- We served on the same base in Iraq; I would like to thank CHRIS STEW- ly man walking through the cemetery and one day he and some other ser- ART, my good friend and colleague from off the beach at Normandy. His family geants were being tasked with a mis- Utah, for his service for this country is quietly following behind him. The sion that was going to be dangerous, and our military and, again, for his scene then shifts to a landing craft and one of them had to go. James service today as a Member of Congress. heading for the beaches of Normandy McNaughton volunteered over the Mr. Speaker, I would like to thank on D-day. Tom Hanks plays the part of other two. He did that because the one who has yet to rise, Mr. DOUG COL- Captain Miller, 2nd Rangers. As the other two had children. LINS, for his service to our country as a landing craft hits the beach, the sol- On that mission, Staff Sergeant member of our military, protecting our diers quickly experience the horrors of James McNaughton was killed by a freedoms, and also for his service to battle. sniper; and today there are two fami- the citizens of Georgia. Many of his comrades are killed and lies that have their father because of And, Mr. Speaker, I would like to wounded in the scenes that follow. But James McNaughton. This is the type of thank you for your service in our Na- after securing the beachhead, Captain selfless service that we see from our tion’s military and for the service that Miller receives new orders. His new troops day in and day out. you provide today for the great citizens mission is to locate and bring home I had the opportunity to tell that in the great State of Michigan. Private Ryan, played by Matt Damon, story on TV one time, national cable Thank you on behalf of those of us who is in the 101st Airborne. Ryan’s TV. A couple of days later I got a call who have not had the opportunity to three brothers were recently killed from James McNaughton’s father who serve. I want to say thank you for giv- within weeks of each other, and the said they were so shocked to hear their ing us this great Nation that we now Army thinks that no family should son’s name and so honored that he was have the opportunity to serve in this lose four sons to war. With a small con- remembered in that way. body. tingent of soldiers under his command, We need to honor and remember all Mr. Speaker, I, again, am humbled to Captain Miller sets off to locate Ryan. of our veterans, especially those that Over the course of a few days, Mil- rise today to talk about our veterans have made the ultimate sacrifice on be- ler’s group takes several losses. Even- and the sacrifices they have made to half of us. tually, they find him in a small village ensure the freedom of every single At this time, I am pleased to yield to in France, but alas, he decides to stay American, and I want to specifically the gentleman from Illinois, Mr. ROD- and fight alongside his brothers in mention a couple of folks. NEY DAVIS. Mr. DAVIS is not a veteran, arms as they defend the small bridge in One is a good friend of mine who but he is a supporter of veterans, and the village. During the battle, most of served our country in Vietnam, who Miller’s soldiers are killed. Only two he will be speaking on behalf of one of came back injured and served my remain. Captain Miller receives a mor- his staff members. Outside of his office State, my great State of Illinois as a tal wound and sits gasping, his back he has a sign that says, I hire veterans. Member of the Illinois General Assem- against a motorcycle. He looks up at I yield to you, Mr. DAVIS. bly. young Private Ryan and says with his Mr. RODNEY DAVIS of Illinois. He still serves the citizens of Illinois last breaths, ‘‘Earn this. Earn this.’’ Thank you to my colleague from the today as somebody who is a phar- The scene changes to a close-up of great State of Ohio. macist, works in the private sector; Matt Damon. His face changes from I am humbled to be here as a non- but my friend, Representative Ron Ste- young Ryan to the older man we met veteran, somebody who has not served phens from Greenville, Illinois, now at the beginning of the movie. He is our country in our military, but is so spends his time, his spare time, raising overlooking a gravestone that reads, proud of those of you who have. And I money to help our wounded warriors. ‘‘Captain Miller, 2nd Rangers.’’ Old am just honored to be able to be a part He walked miles upon miles over the Ryan falls to his knees in front of the of this Special Order that you have ar- last 2 years to raise thousands of dol- gravestone and says, ‘‘Not a day goes ranged. lars to help those who made it back by that I don’t remember what you all Mr. Speaker, this is an opportunity home but paid a price. did for me. I tried to live my life the that many in this country will take for Representative Ron Stephens, thank best that I could. I hope that was granted as they are watching this to- you for your service in Vietnam, thank enough. I hope that, at least in your night, and not know that it is because you for your service to the great State eyes, I have earned what all of you of the sacrifices of those like my col- of Illinois, and thank you, sir, my good have done for me.’’ league BRAD WENSTRUP, who have friend, for serving this country for our Let me tell you something. Not a day served their country so well, that give heroes who walk the streets with us goes by that I don’t remember what us the freedoms today to stand on this today. the fathers of my childhood friends and floor and debate the issues that will And one of those heroes, as my col- playmates did for us to protect the impact this country for generations to league from Ohio mentioned, is some- American Dream, and my good friend come. one who is not only a good friend of Charles Parker. No matter where your I would like to stand here as some- mine, but he works for me in my office family hails from, no matter what your body who hasn’t served to thank all of in Champaign, Illinois. His name is background is, as citizens of this great my colleagues who have come to this Garrett Anderson. Nation, we must never let it be said floor to honor those who have, who Garrett was on patrol in Iraq, ran that we have forgotten what our fore- have served with them, those who have over an IED. Garrett sacrificed his fathers did for us. served our country and have had the right arm. He sacrificed time away

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Veterans Day origins come from the Garrett now works with the veterans And I would be remiss, Mr. Speaker, battlefields of Europe when, on the who are trying to access the benefits if I did not mention the role that one of 11th hour of the 11th day of the 11th that they were promised; and Garrett our other colleagues and veterans and month, the guns of World War I fell si- was out here with me a few weeks ago heroes who have served this great lent. as we stood here and did an unprece- country in the military and who serve Of all of our Nation’s holidays, Vet- dented, bipartisan Special Order that this country now in this body, my col- erans Day holds a special meaning for honored all 79 living Congressional league, DUNCAN HUNTER, who played a me and my family. This day affords a Medal of Honor recipients. role in making sure that Captain unique opportunity to reflect and to re- We stood here with my colleague, Swenson was awarded this great honor member people I have served alongside TULSI GABBARD, who has also served as the now 79th living recipient of the in the uniform and out. her country and continues to serve her Congressional Medal of Honor. It also reminds me tonight of not country today in this body. We stood Thank you, Mr. WENSTRUP, for what only those that I served in uniform there side by side, making sure that we you have done for veterans tonight and with, but I continue to serve with who honored every single recipient. what you continue to do every single are actually members of my staff. I These are our heroes, and I was hum- day that you are here. May God bless serve with two, one who is with me to- bled to see men and women from both you. May God bless all those who you night in the gallery, retired Master parties come here to honor those who have honored this evening, and may Sergeant Bill Kokley, and also Vernon have served our country and showed God continue to bless the United Robinson, Major, United States Army, acts of heroism. States of America. who serves in my D.C. office as well. But since that time, Mr. Speaker, we Mr. WENSTRUP. I thank the gen- It is just a reminder of the con- had someone else awarded, given the tleman from Illinois for that fine trib- tinuity of those who serve and the Congressional Medal of Honor, and I ute. areas in which they serve as we go for- would like to stand here today because I would like to share a story about ward each and every day in our daily he didn’t have the opportunity to have Major John Pryor, John Pryor, MD, walk. his story told until now. trauma surgeon from Philadelphia. He I would like to honor today the he- As a chaplain serving at Balad Air joined the Army Reserve in 2004; but on roic efforts of the newest Medal of Base in Iraq, I was privileged to know September 11, 2001, seeing that his Na- Honor recipient, Captain William D. and to comfort those who bore the tion was under attack, he got in his car Swenson of the United States Army. wounds of battle. I watched in awe at and he drove to Ground Zero, hitch- Captain Swenson would have made the the absolute determination and phe- hiked all the way in after he drove as 80th living Medal of Honor recipient. nomenal dedication of doctors, nurses far as he could. And after that, he took However, Sergeant Nicholas Oresko and medical technicians as they fought care of people. passed away on October 4, leaving the back against death itself to save the After that, he started thinking that number of Medal of Honor recipients at lives of our military warriors. there is more that he could do for his 79 still. And because of their skills, more My thoughts and prayers are with country. He joined the Army Reserve. than 98 percent of those arriving at Sergeant Oresko’s family and friends. We served together in Iraq, became Balad alive left Balad alive. That is an Captain Swenson, though, was award- good friends; and after returning, we amazing statistic and a compliment to ed the Medal of Honor for extreme did a trauma conference together in you, Congressman, and others like you, bravery at the risk of his life, above Cincinnati. and seeing the others at night on the and beyond the call of duty in the John returned to Iraq in 2008; and on flight line, both Army and Air Force, Kunar province in Afghanistan on Sep- Christmas Day, after attending mass, Marine, Navy, and even Coast Guard, tember 8, 2009. he walked out and he was hit by a mor- in the middle of the desert. Captain Swenson’s combat team was tar and killed. I also think of the young airman I ambushed as it moved into the village John was the type of person that did met one night while he was on guard of Ganjgal for a meeting with village all for others. He left behind, unfortu- duty. He didn’t come to the gate when elders. The enemy began unleashing a nately, a wife and three children. I first drove up, and I sat there for a barrage of fire onto the team. Captain Above his desk he had a quote by Al- second in the truck, and then he didn’t Swenson immediately returned fire and bert Schweitzer that said: come out. And he finally came out and directed his Afghan border police, Seek always to do something good, some- he came rumbling out of the back. He while simultaneously calling in sup- where. Every man has to seek in his own way to realize his true worth. You must give said, oh, Chap, I’m sorry I didn’t see pressive fire. some time to your fellow man. Even if it is you sitting there. I didn’t see you. I Surrounded on three sides by enemy a little thing, do something for those who apologize. forces, Captain Swenson coordinated need help, something for which you get no I looked at him and I said, okay if it air assets and medical evacuation heli- pay but the privilege of doing it. For remem- is just me, but if the colonel had come copter support to allow for the evacu- ber, you don’t live in a world all your own. along, it might have been a different ation of the wounded. Your brothers are here too. issue. What were you doing? I was He ignored enemy radio trans- It is now my privilege to yield to the going to try and help him. missions demanding surrender and ma- gentleman from Georgia, Mr. DOUG And I was ready for some excuse, neuvered uncovered to render medical COLLINS. He serves as the Air Force Re- that he was tired or whatever, and he aid to a wounded fellow soldier and serve Chaplain with the 94th Airlift got out a little piece of paper and he moved him for air evacuation. With Wing. had written down. And I said, what are complete disregard for his own safety, Doug has ministered to members of you doing? Captain Swenson unhesitatingly led a our military as a chaplain in the Air He said, well, I was figuring up my team in an unarmored vehicle, expos- Force Reserve since 2002. He served a salary, because now I have got a little ing himself to enemy fire to recover combat tour, stationed at Balad Air bit of money, and last year wasn’t real the wounded. Force Base in Iraq in 2008. good at home. Mom and Dad, Mom was Captain Swenson’s team returned to I yield to the gentleman from Geor- sick and Dad got laid off, and he said, the battlefield amidst enemy fire again gia (Mr. COLLINS). we didn’t have a lot of Christmas. to recover three fallen marines and one Mr. COLLINS of Georgia. Thank you, fallen Navy corpsman. His exceptional I appreciate that. b 2015 leadership and gallantry during 6 Mr. Speaker, it is just an honor to be He said, ‘‘But this year, I am making hours, 6 hours of continuous fighting, here tonight, for in 2 weeks, Americans big money.’’ He is an A1C. ‘‘Big rallied his teammates and effectively across this great Nation will pause to money.’’ He said, ‘‘I want to make sure disrupted the enemy’s assault. remember, to honor, and to commemo- that I will be able to send stuff home so

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I think of my colleague from Illinois, up the Stars and Stripes—you know, in Later this week, I have the privilege TAMMY DUCKWORTH, who suffered se- a war zone, you pick up anything to of attending a retirement ceremony at vere injuries in Iraq, has bilateral leg read, and I would pick up the Stars and Dobbins Air Force Reserve Base for prosthesis. She had the courage to Stripes, pick up everything. One of Colonel Timothy E. Tarchick, who has serve again and to continue to serve those papers I happened to just be read- honorably served our Nation for his en- not only in the Guard but here as a ing while I was eating, and I opened it tire adult life. I am humbled to call Congresswoman from Illinois. It is an up, and in the Stars and Stripes, they him a mentor and, most importantly, honor to serve with her here on Capitol carry pictures of those who did not my friend. Hill. make it. They died in combat. I re- These are just a few of the veterans Teddy Roosevelt said it so well when member opening that page up, and I who have touched my life. I often think he said, ‘‘It is not the critic who looked, and along the bottom, there back on the men and women of our counts; not the man who points out were eight pictures. I remember dis- Armed Forces with whom I have had how the strong man stumbles, or where tinctly four of them because I stood be- the pleasure of serving our Nation, and the doer of deeds could have done them side their bed and held their hand in I think of the conversations, the laugh- better. The credit belongs to the man Balad. I carry that picture and that ter, and also the tears that we have who is actually in the arena, whose flag. shared. It is often the very short or face is marred by dust and sweat and As Congressman WENSTRUP has said, one-time interactions with a comrade blood.’’ the National Anthem is no longer—if it in arms that leave the most indelible Our veterans serve. They fight in ever was—just a song. It is a spirit that memories. wars, wars they didn’t start, and those lives. On my desk, if you were to come to who serve in war are probably the The Ninth District of Georgia has a my office, if you can find it on the fifth greatest lovers of peace, the ones who great legacy of citizens who have floor of Cannon, you will see on my appreciate it the most. proudly served in our Armed Forces. desk a little bracelet that was made for Our great American veterans, they This spring, we lost one of our great- me by a young lady in Balad who was may be best described in this way: they est, Colonel Benjamin Purcell, United struggling every day. I would go by and are what others care not to be. They go States Army. Colonel Purcell was the see her, and I would take her stuff, and where others fear to go, and they do I would give her encouragement or I highest-ranking Army officer held as a what others fail to do, and they ask would give her a coke or give her a prison of war. nothing from those that gave nothing. Colonel Purcell was commissioned a candy. One night, I came by, and she I want to thank everyone for being said, ‘‘Chap, you are always giving me lieutenant through the Army Reserve here tonight to honor those that felt something. I want to give you some- Officers Training program at North that they should give of themselves for thing,’’ and she gave me this parachute Georgia College, my alma mater. He something greater than themselves. bracelet which sits on my desk right was stationed at Fort Benning, Geor- You know, when I was a child, and we now. gia, and was subsequently sent to Eu- would go to bed at night, we would kiss So I don’t care what goes on on the rope. In August 1967, a year after I was floor of this House in the big sense be- my parents good night, and my father born, he was stationed in Vietnam. cause all I have to do is remember that would come in one more time, and he Colonel Purcell became a POW after bracelet on my desk and remember would take his thumb, and he would his helicopter was shot down in Quang why we are here and what that flag make the sign of the cross on our fore- Tri City, Vietnam, in 1968. Most of his means. head. time as a POW was spent in solitary This Veterans Day, let us commit When you tuck your children in at confinement. He was unable to be with ourselves to express our gratitude to night, when you go to bed and you other prisoners until shortly before he America’s veterans by remembering close your eyes and you feel safe and was released. On March 27, 1973, Colo- their service and sacrifice and, of secure and unafraid, remember why. nel Purcell was freed, as the U.S. was course, thanking each of the veterans With that, Mr. Speaker, I yield back finally pulling out of Vietnam. in our own lives in our own way. the balance of my time. During his military career, Purcell Before I yield back, I want it to be f was awarded the Silver Star, the Le- known the one who put this together, IMMIGRATION REFORM gion of Merit, the Bronze Star, and the the gentleman who has become a val- Purple Heart, along with the Para- ued part of my life in the time that we The SPEAKER pro tempore (Mr. chutist and Combat Infantryman have served together. BENTIVOLIO). Under the Speaker’s an- badges. Colonel Purcell was laid to rest Lieutenant Colonel BRAD WENSTRUP nounced policy of January 3, 2013, the with full military honors. has served in the United States Army Chair recognizes the gentleman from Colonel Purcell’s courageous story is Reserve since 1998. In 2005 and 2006, he Colorado (Mr. POLIS) for 30 minutes. just one of the many we remember on served a tour in Iraq as a combat sur- Mr. POLIS. Mr. Speaker, tonight we Veterans Day. He will always have the geon and was awarded the Bronze Star will be talking about a very important thanks and admiration of many Geor- and the Combat Action Badge for his accomplishment that this body, the gians. service. During his time in Congress, House of Representatives, could make On this Veterans Day, I will think BRAD is fulfilling his Reserve duties by on a bipartisan basis for our country, about a young Marine from my home- treating patients at Walter Reed Na- and that is immigration reform. town of Gainesville. In 2011, Corporal tional Military Medical Center in Be- By refusing to act on comprehensive Sean Adams was on patrol in Afghani- thesda. immigration reform, there is great cost stan when he stepped on an improvised I commit to you, Mr. Speaker, he is to the American people in jobs, the un- explosive device. The IED left him serving every day on a place called dermining of the rule of law, and de- without legs, his left thumb, and his Capitol Hill with the gifts that he has struction of the opportunities that will right pinky finger. He told me that been entrusted to by his Creator. He is arise by tackling this head-on. The when he went to Afghanistan, ‘‘I fought also a soon-to-be dad who will pass longer we delay passing comprehensive for myself, my family, my country, and along this legacy of service to his immigration reform, the greater the the Corps, and now I’m fighting for my child. cost of inaction in both economic, life.’’ With that, I yield back to you, sir. human, and security terms. Every Sean is being medically retired from Mr. WENSTRUP. I thank the gen- week that Congress is in session for the his beloved Marine Corps and is even tleman from Georgia, my dear friend, rest of the year, I will be here on the now searching for the opportunity to Chaplain DOUG COLLINS, for those kind floor, talking about the cost of inac- continue to serve his community. He is words. tion on immigration reform.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6888 CONGRESSIONAL RECORD — HOUSE October 29, 2013 There is a clear path forward. There mary caretaker of twin boys who are would generate $1.3 billion in addi- is a comprehensive immigration reform U.S. citizens. Both of her children suf- tional tax revenues and create 97,000 bill, a compromise. It took a little fer from medical conditions, and she new jobs. Fixing our broken immigra- give-and-take from both sides, a com- works incredibly hard to ensure that tion system will help small businesses promise supported by the business her kids have access to what they need. expand, foster innovation, increase pro- community and labor, by the faith She is a hardworking, honest person, a ductivity, raise wages, and help create community, by the law enforcement leader in her community, doesn’t have thousands of jobs. community, by farmers, and by farm- any criminal history or pose any kind The fight for comprehensive immi- workers, that has passed the United of threat to national security. All she gration reform is one that makes all States Senate with more than a two- wants to do is to give back to our coun- Americans better, makes our country thirds majority. try, to pay taxes, and contribute like richer, and creates opportunity for all. We have introduced a similar bill, every other American. In the history of the world, there has H.R. 15, here in the House with a grow- Nevertheless, Norma was placed in never been a great nation that was ing number of bipartisan cosponsors deportation proceedings last year fol- shedding citizens. In fact, great nations and are encouraging the Speaker and lowing a traffic stop. If we don’t reform welcome opportunities. the majority leader to bring this bill to our broken immigration system today, The last few weeks have not cast a a vote, where we have confidence that how many more families will be torn positive light on the House of Rep- it will pass. apart? resentatives, but this is an issue where Our economy will suffer tremen- People like Kathia, Dianna, and we can repair that broken image. It is dously if we fail to pass comprehensive Norma feel the negative impact of this possible to find a bipartisan com- immigration reform. According to the House of Representatives’ failure to act promise that is the right thing for our nonpartisan Congressional Budget Of- on the Senate immigration reform bill Nation to do. The costs of inaction are fice, immigration reform helps grow every single day. There is no excuse for simply too high. the economy, creating between 500,000 inaction. We need to finalize and pass More than enough Members of this and 1 million jobs, reduces the deficit immigration reform this year. Chamber understand the benefits of im- by over $200 billion, bolsters job cre- I will be talking more about the cost migration, understand that it is a ne- ation, and strengthens the viability of of inaction in a few moments, but I cessity for our country’s prosperity, Social Security and Medicare. What is want to yield to my good friend and and understand that it is what we will not to like? colleague from Florida (Mr. GARCIA), do inevitably. Let’s do it now. Let’s do Let’s restore the rule of law to our the sponsor of H.R. 15. it right. Let’s get it done. country. Let’s improve our security, Mr. GARCIA. I thank the gentleman Mr. POLIS. I thank the gentleman and let’s unite families. In human from Colorado. from Miami, a leader on the effort to terms, the cost of inaction is inflicting Mr. Speaker, I have the distinct reform our broken immigration sys- a heavy toll. privilege of representing a district tem. Over 135,000 deportations have taken that, in the last several decades, has in I want to talk about the over- place since the Senate passed immigra- large part been built by immigrants. whelming public support for immigration reform last June, including thou- I lived in south Florida during some tion reform. sands of people who are noncriminals very tough times for the immigrant More than 70 percent of the American who would have benefited from immi- community. I remember as a young people support immigration reform, in- gration reform and, instead, became a man seeing bumper stickers on the cluding majorities of Republicans, cost to U.S. taxpayers to the tune of backs of cars that said, ‘‘Would the last Independents, and Democrats. The more than $10,000 each to deport. American please bring the flag.’’ But American people know that what we Take a few examples from my dis- you know what? The flag still flies are doing now isn’t working, and by trict of people that immigration re- high in Miami. It is a thriving, growing failing to act and only continuing to form will help today. Dianna and economy and a beacon of work and op- perpetuate the undermining of the rule Kathia are two young women from portunity for millions. People from all of law, a population of over 10 million Larimer County in my district. They over are drawn to my community be- people that are here illegally and a sys- are high school students who were cause they believe in the American tem that is out of whack with reality, brought here from Mexico as young Dream. will only continue to hurt the Amer- children by their parents. They are ex- My constituents know that immi- ican people. cellent students, both straight-A stu- grants only add to the American way With that, I am happy to yield to the dents. They want to go to college. of life. They make our country better. gentleman from California (Mr. Kathia wants to go to medical school, They create more opportunity for all. TAKANO). and Dianna wants to study cinematog- A vast majority of Americans recog- Mr. TAKANO. I thank the gentleman raphy. nize this. from Colorado for yielding the time. Both of these young women are appli- Some polls show that 70 to 80 percent Reforming our immigration system cants to the President’s Deferred Ac- of Americans support comprehensive is one of the top issues in our Nation. tion for Childhood Arrivals, or DACA immigration reform, with a pathway to I was happy to see the Senate act this program, and we hope that they receive citizenship. Fixing our broken immi- past June when it passed a comprehen- their DACA permit soon, but that is gration system isn’t something that we sive immigration bill with an over- only a temporary fix for a limited pecan tackle on a step-by-step basis, only whelming bipartisan vote. riod of time. They are both ambitious, addressing parts of the problem. The Senate bill solves many of the capable young women who want to give problems with our current immigration back to our country and make it b 2030 system. It creates a pathway to citi- stronger, if only we will let them. It is a bill that secures our borders, zenship, secures our borders, addresses It is time to find a way for Kathia builds our economy, and provides a the current backlog, and helps the and Dianna and the so many like them way forward for millions of undocu- DREAMers, who were brought here to pursue their dreams and contribute mented individuals living in the United through no fault of their own. Unfortu- to our communities without having to States. nately, the push for immigration re- live in constant fear because of lack of With every day that passes, millions form hit a brick wall when the legisla- status. continue to live in the shadows and tion moved over to the House and Another woman in my district who jobs continue slipping away overseas. Speaker BOEHNER flatly refused to feels the pain of our current broken im- This is an issue that is not simply bring it up for a vote. migration system is Norma. Norma about justice. It is about fairness. It is Sadly, this is not the first time came to the U.S. over a decade ago, about ensuring, also, America’s eco- Speaker BOEHNER and his irresponsible like so many of our ancestors, includ- nomic prosperity. faction of the House Republican caucus ing my great grandparents, in search of In Florida alone, legalizing all of the have stood in the way of what is best a better life. She is the mother and pri- currently undocumented immigrants for the American people, even though

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6889 there is a clear governing majority sive immigration reform. As millions sides of their mouth forever and say that is ready to act. Despite Speaker of Americans and aspiring Americans that in some abstract sense we are for BOEHNER’s desperate attempt to follow are waiting for this body to act, it is immigration reform but not give this the so-called rule which requires him time to put aside the theatrical dis- body the ability to pass immigration only to allow votes supported by a ma- plays, Mr. Speaker. Let us govern so reform. The American people, Mr. jority of House Republicans, the gov- we can bring our brothers and sisters Speaker, are smarter than that. erning majority has been able to pass out of the shadows. It has been 123 days since the Senate several pieces of substantive legisla- I believe that if the Senate’s com- has passed an immigration reform bill. tion this year. prehensive immigration reform bill And you know what? We have H.R. 15 Just who is this governing majority? came to the floor of the House, the gov- in the House. We want that to come to It is made up of nearly the entire erning majority would once again do a vote. But there may be other immi- Democratic Caucus and a handful of what is right for the American people gration reform packages. I know there moderate, sensible Republicans. and pass this important legislation. has been a bipartisan group that has In January of this year, a governing Let’s vote on the Senate’s bill and fix been meeting for awhile. Recently, majority of 172 Democrats and 85 Re- our broken immigration system. The some of the Members have pulled out. publicans came together to avoid the time is now. If there are other ideas, let’s put them fiscal cliff, saving our economy from Mr. GARCIA. I thank the gentleman on the table. But inaction for 123 days ruin. from California. is inexcusable—inexcusable. Several weeks later, when a majority I take this opportunity to sort of The time for action is not now. It of the Republican caucus stood opposed point out that, as he talks about the wasn’t just yesterday. It was last year. to relief for the victims of Superstorm governing majority, we are seeing a co- It was 5 years ago. It was 10 years ago. Sandy, it took overwhelming support alition already built around immigra- We can’t afford to continue to wait day from Democrats and a small group of tion reform. In a bill that was filed less after day, week after week, year after Republicans to help those in need. than 3 weeks ago, we already have 187 year, without taking action. The Shortly thereafter, the House passed cosponsors, which puts us in a very American people, Mr. Speaker, have the Senate’s version of the Violence good place to pass it if it is allowed to had enough and are demanding more. Against Women Act, providing protec- come to the floor. That means that al- There is something that we know for tions for victims of domestic violence, ready 95 percent of Democrats have sure. The enforcement-only approach with unanimous Democratic support signed on to the bill. That means that has failed. It hasn’t worked. The num- and a portion of the Republican caucus. a Democratic Senate already passed ber of people here illegally has only increased. We have increased the budget Then, in March, facing the deadline out a bill and that the President stands of the Border Patrol by 10 times, and of a government shutdown, a tem- ready to sign a comprehensive immi- the number of unauthorized people porary budget extension to keep the gration reform if it gets to his desk. here illegally increased by 3 times dur- government funded until September 30 So our hope is that in the days to ing that same period. also needed the support of the Demo- come, the 17 days left of working ses- So what does that mean? If we in- crats to pass the House. sion before the end of the year, that we crease that budget 20 times, does that Finally, despite claims indicating will find the will to bring something to mean the number of people here ille- that the votes weren’t there to pass a the floor so that we can move this for- gally will quadruple? Maybe. But that clean CR, the House reopened the gov- ward. is clearly not a solution; just look at ernment and avoided default with the With that, I yield to the gentleman the data. unanimous support of Democrats and a from Colorado. And there is a human toll, Mr. group of Republicans. Mr. POLIS. I thank the gentleman Speaker. From 1998 to 2010, over 5,000 The reality is, to pass anything with from Miami. people died crossing the U.S.-Mexico substance, Speaker BOEHNER needs to I want to talk a little bit about sup- border looking for a better life, just as stand up to the extreme faction of his porting Colorado. my ancestors did, Mr. Speaker, and party, stop blocking important legisla- Colorado is a purple State. It is mid- just as your ancestors did. tion, and get out of the way and let the dle of the road, with four Republicans From 1998 to 2007, over 100,000 parents House of Representatives work its will. and three Democrats in our congres- of U.S. citizen children were removed America needs Democrats and Repub- sional delegation. It is a State that is from this country. Yes, little Johnny, licans to come together. We have seen affected by immigration. We have a little Sara coming home from school, what can be accomplished when we are strong tradition of immigration in our they are American. They were born united. district, a strong exchange of economic here. They will vote some day. Coming And who are we kidding about the ties with our neighboring countries. home from school and, Sorry, Mom is Hastert rule? The Speaker has already Here are some recent polls in a few of in deportation proceedings. Your mom violated it multiple times this year. our congressional districts in our won’t be here for you, little Johnny or In the lead-up to the most recent cri- State: little Sara. What did she do? A tail- sis, he said that he didn’t want the gov- In the Third Congressional District, light out on her car or 10 miles over ernment to shut down or default on its represented by my friend, Congressman the speed limit. debts. If Speaker BOEHNER truly meant SCOTT TIPTON, a recent poll showed I got a speeding ticket last year, Mr. that, he would have turned to the gov- that 77 percent of the people in the dis- Speaker. I have a 2-year-old son, Mr. erning majority and we would have trict—this is the district including Speaker. To think something like that avoided a 16-day shutdown that cost Pueblo, Grand Junction, and Aspen— could force me to be ripped from my our country $24 billion in economic ac- support immigration reform with a family—not for months, not for years— tivity. pathway to citizenship. Only 17 percent forever. The governing majority has done its oppose it. There is something called the life- job with the fiscal cliff, with aid to In the neighboring district of my time bar, Mr. Speaker. Forever being Superstorm Sandy, with the Violence good friend CORY GARDNER, the Fourth taken away from my family, Mr. Against Women Act, and the recent Congressional District of Colorado, 76 Speaker, I would risk crossing that government shutdown and debt ceiling percent support immigration reform border and dying—like 5,000 people negotiations. We have escaped manu- with a pathway to citizenship. did—to be with my son, Mr. Speaker. factured crisis after manufactured cri- In the district of my friend and col- And that is an American trait. That is sis. I know that the American people league MIKE COFFMAN of Aurora, Colo- what a good American would do. That are eagerly waiting for the House of rado, and Douglas County, 74 percent is what a good American parent would Representatives to pass meaningful support immigration reform with a do, Mr. Speaker. legislation that addresses our chal- pathway to citizenship. Let’s let people give back to our lenges. Failure to act and avoid this issue is, country and provide for their families. The governing majority is ready to in fact, not delivering for the American That is an American value, and we can do its job once again with comprehen- people. One cannot speak out of both do that now.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6890 CONGRESSIONAL RECORD — HOUSE October 29, 2013 My colleague, Mr. TAKANO, talked what? They graduate with a master’s, of the Bible passages which was quoted about a governing majority. There is a and they graduate with a Ph.D., and to me today is in the Gospel according governing majority for passing H.R. 15, what do we tell them? Oh. Go back to to St. Matthew, in which he talks the Comprehensive Immigration Re- another country, and compete against about, I was hungry, and you gave me form bill, now. us. to eat. I was thirsty, and you gave me Compete against us. We are telling b 2045 to drink. I was a stranger, and you them to compete against us. How does took me in. I can’t tell you whether it is 25 Re- that make sense, Mr. Speaker? That is the genesis, I think, for a lot publicans or 45 Republicans or 80 Re- What we need to do is to provide a of people who want, from a Christian publicans, but they will join nearly way—and the Senate bill and H.R. 15 do ethics’ perspective, to support immi- every Democrat, if not every Demo- this—for people who graduate with ad- gration reform. crat, in passing comprehensive immi- vanced degrees in these fields to be You also have the people who support gration reform now. able to stay here, keeping the jobs immigration reform, frankly, because I ask my colleague from Miami if he here, because guess what? Today’s of the idea that they are parents. has ever seen this kind of coalition of companies don’t care where the jobs Frankly, I think any parent under- business and labor and faith-based are. You can be a computer pro- stands that, once you hold that kid in community and agriculture and farm grammer in India. You can be a com- your arms for the first time, I mean, workers—unlikely suspects—coming puter programmer in France. You can you will do anything you have to do to together around something that is such be a computer programmer here. Out of make sure your little boy or your little common sense. Have you seen this kind convenience, we would rather have you girl eats. of unprecedented coalition of public here, but the job is going to follow you. Then there are the economic argu- support on any other issue, and what It is not the other way around. ments that we have been talking do you think it means for immigration In addition, if we act with H.R. 15, it about. For me, the economic argu- reform? will lead to over $5 billion in additional ments also are so important because Mr. GARCIA. I would like to thank tax revenues. It will reduce our deficit the U.S. Chamber of Commerce, for ex- the gentleman from Colorado, and I by over $200 billion. It will create be- ample, has cited a study that shows think he is absolutely right. tween three-quarters of a million and that immigrant-owned businesses This is an unprecedented partnership 900,000 jobs for Americans—jobs for would generate more than $775 billion with business, labor, the tech commu- Americans that are created under H.R. in revenue with $125 billion in payroll nity all coming together around a basic 15. It includes provisions around and $100 billion in income. That is pret- thing—to help our country move for- startups and entrepreneurs—people ty impressive. ward. I think about all of the opportu- who want to come here to found com- Do you know what percentage of the nities that we are missing and of all of panies and hire Americans. Don’t we American workforce they could employ the places that are doing better than want that? Don’t we want jobs for our if they were unleashed? They could em- we are in competition because we don’t brothers, our sisters, our friends, and ploy 1 out of every 10 workers, which is offer a pathway forward. our neighbors, jobs for Americans? just a phenomenal statistic. I would mention to the gentleman H.R. 15 is the biggest jobs bill for The other thought that I find really from Colorado that there are 130,000 Americans before the House of Rep- interesting is, of course, that immi- Chinese students in the United States resentatives, and that is another rea- grants are also consumers, and when right now, that there are somewhere in son we need to pass it. they consume, they further drive the Mr. GARCIA. I would also add to that the neighborhood of 90,000 Indians job growth. Now, many Members of the report that the Congressional studying in the United States, that Congress and, certainly, many people there are 70,000 South Koreans study- Budget Office has released. Here is what we know: in the next 10 from Texas are familiar with George W. ing in the United States. Under the years, if we move forward with com- Bush. present immigration system, if your prehensive immigration reform, it will Do you know there is now a George company thinks, ‘‘Hey, I can hire this produce $175 billion to the U.S. econ- W. Bush Institute? Were you aware of guy, and it will be good for us,’’ they omy. Here is what we know even fur- that? just can’t. He has got to go home. So ther: in the 10 years after that, it will The George W. Bush Institute has, we are sending them home to come produce $870 billion to our economy. frankly, been a very strong proponent back and compete with our workers This is a net positive overall. of immigration reform, and it has pro- when we could offer them a future here For my colleagues across the aisle duced a 65-page document titled and when they could create a better fu- who love to talk about the deficit, who ‘‘Growth and Immigration’’ which ture for other Americans. love to talk about the fact that our states that immigrants serve as cata- This is something we have done al- country isn’t bringing in revenue, here lysts for growth. In fact, the report ways. We take people from all over the is revenue that is sitting there—people from the George W. Bush Institute says world, and we put them to work for who are working, people who are ready that communicating the positive eco- America in the best interest of Amer- to contribute to the American econ- nomic contributions of immigrants is ica. Yet, under our broken immigration omy. They are there, and we know the first step in helping Americans rec- system, you just can’t do it. that, if we bring them out from the ognize the hidden advantages of immi- Mr. POLIS. I represent a district shadows and give them a pathway for- gration. The institute is confident that with two fine universities—the Univer- ward, they will make our Nation rich- bipartisan solutions exist and that, sity of Colorado at Boulder and Colo- er, and they will make our country bet- when properly informed, Americans rado State University. Both have excel- ter. agree more on this topic than they re- lent graduate programs—engineering, Mr. POLIS. So we can improve our alize. That is pretty impressive coming physics, environmental engineering, security, and we can restore the rule of from the George W. Bush Institute. the biological sciences, you name it. law, and we can create jobs for Ameri- Further, the Congressional Budget Like many of our institutions of higher cans, and we can reduce our deficit—all Office shows that immigration reform education, a high number of students in one bill? What is not to like? wouldn’t negatively impact U.S. work- there are foreign nationals who are I yield to my colleague from prob- ers and that it would reduce the Fed- studying under student visas. ably the longest congressional district eral budget deficit by $175 billion. Under our current immigration pol- in the country. I don’t know if it is the So I think it is important that we get icy, Mr. Speaker, at our public State largest in area, but I think it is prob- the facts out and that we make a dif- institutions, we provide this world- ably the longest in the country. I yield ference because comprehensive immi- class education for people who fill a to my good friend from Texas. gration reform is so important to ev- need in the economy—they are going to Mr. GALLEGO. Thank you for yield- erybody from across the border. I have be great engineers; they are going to be ing. never seen so many groups unified to great mathematicians; they are going We were visited today by a group pass comprehensive immigration re- to be great computer scientists. Guess called Bibles, Badges and Business. One form.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6891 Mr. POLIS. I thank the gentleman States would have never agreed to rat- U.S.-IRAN NUCLEAR NEGOTIATIONS ACT from Texas for his words. ify the Constitution. Mr. FRANKS of Arizona. Now, Mr. This is 123 days. That is 123 days too When our Founding Fathers wrote Speaker, I would like to move to an- long. Let’s pass immigration reform the Constitution, they knew it was other subject. now. vital for the power to raise and levy Mr. Speaker, the greatest security I yield back the balance of my time. taxes to originate in the people’s threat in the world today is that of a f House, whose Members are closest to nuclear-armed Iran. Now, Iran is once the electorate with 2-year terms, rath- again the news of the moment. As OBAMACARE ORIGINATION CLAUSE er than in the Senate, whose members talks between the United States and The SPEAKER pro tempore. Under sit unchallenged for 6-year terms and Iran have begun, American leaders the Speaker’s announced policy of Jan- who do not proportionally represent given the charge to protect America’s uary 3, 2013, the Chair recognizes the the American population and who al- national security must not be charmed gentleman from Arizona (Mr. FRANKS) ready enjoy their own unique and sepa- by wolves in sheep’s clothing. for 30 minutes. rate Senate powers intentionally di- When innocent Syrian civilians were Mr. FRANKS of Arizona. Mr. Speak- vided by the Framers between the two mercilessly attacked by chemical er, in 2012, the Supreme Court narrowly Chambers. weapons, the Obama administration and specifically upheld the individual If we as Members of the House of was caught on its heels in a foreign mandate at the heart of ObamaCare Representatives, who took a solemn policy quandary. America was re- under Congress’ general taxing power. oath to support and defend the Con- minded again that the United States The Court specifically noted: stitution, including its Origination must always be vigilant and embrace Even if the taxing power enables Congress Clause, fail to assert this right and rean international relations framework to impose a tax on not obtaining health in- sponsibility as the immediate Rep- which enables proactive engagement surance, any tax must still comply with the resentatives of the people and those rather than merely reactionary, crisis other requirements in the Constitution. most accountable to them, we dishonor response. Let me read that again, Mr. Speaker: the Founders’ memory, and we fun- Mr. Speaker, I desperately hope that Even if the taxing power enables Congress damentally abrogate our sworn oath to these discussions will proceed in the to impose a tax on not obtaining health in- support and defend the Constitution of context of the grave reality the human surance, any tax must still comply with the the United States from all enemies, family will face if nuclear weapons fall other requirements in the Constitution. foreign and domestic. into the hands of jihadists in Iran. In short, ObamaCare was upheld as a This fall, the U.S. Court of Appeals To use the slightly altered words of tax. The Supreme Court did not and for the District of Columbia Circuit our Secretary of State, Mr. Speaker: In has not yet considered a challenge to will hear an appeal in the case of Sissel a world of terrorists and extremists, we the Affordable Care Act’s taxing provi- v. HHS as to whether ObamaCare vio- ignore these risks at our peril. We sim- sions on the grounds that it violated lates the Origination Clause of the ply cannot afford to have nuclear weap- the Origination Clause in the United Constitution. I would urge my col- ons become the IED or car bomb of to- States Constitution, and it most cer- leagues to sign on to H. Res. 153 and to morrow. Neither our country, nor our tainly did exactly that. The Origina- join me in an amicus brief, along with conscience, can bear the costs of inaction Clause is found in article I, section currently 31 other Members of Con- tion. VII of the Constitution, and it states: gress, that I will be filing with the Mr. Speaker, the U.S.-Iran Nuclear All bills for raising revenue shall originate court. This brief expresses our collec- Negotiations Act is: an action that will in the House of Representatives. tive conviction that the passage of reinforce the prohibition against ille- In creating ObamaCare, Senator ObamaCare was and is unconstitu- gal nuclear weapons development. We HARRY REID took an entirely unrelated tional. are talking about actions that will de- bill, H.R. 3590, containing just 714 Mr. Speaker, ObamaCare was the grade Iran’s capacity to use these words that did not raise taxes, and largest tax increase in American his- weapons and ensure that they do not then stripped it of everything but its tory. The United States Supreme Court proliferate. bill number. He then put the 400,000- specifically and officially ruled it a With this authorization, the Presi- word ObamaCare that raised taxes in 17 tax. Consequently, under NANCY PELOSI dent will simply have the power to different places into its empty shell. and HARRY REID, the House and the make sure that the United States of Through this bit of legislative trick- Senate, in passing it in the manner America means what we say. ery, Mr. REID claims that ObamaCare that they did, categorically violated Now, Mr. Speaker, actually, the originated in the House, when, in fact, the Origination Clause, without which words I have just quoted are really just every last provision of ObamaCare, in- the U.S. Constitution never would have the essential words of Secretary cluding the largest tax increase in been born in the first place. Kerry’s recent justification for wanting American history, all came from the It is now the duty of the judiciary to to attack Bashar al Assad’s regime in Senate. strike down ObamaCare as a clear vio- Syria. However, I changed the quote a This sort of procedure absolutely ig- lation of the Origination Clause. little bit, Mr. Speaker. Whenever he nores and vacates the Founders’ intent, b 2100 said ‘‘Syria,’’ I inserted ‘‘Iran,’’ and and it renders the Origination Clause whenever he said ‘‘chemical weapons,’’ of our Constitution completely mean- By following this amicus brief, we I inserted ‘‘nuclear weapons,’’ Mr. ingless. If it is allowed to stand, the hope the judiciary will seize on the op- Speaker. If this line of reasoning of the Origination Clause in the Constitution portunity to support and defend the administration chooses to stand behind is a dead letter. origination clause of the United States this, then we simply cannot refute the Mr. Speaker, this is not a small or Constitution. If the judiciary does not parallel argument related to a nuclear marginal issue. The principle behind strike down ObamaCare as an uncondi- Iran which poses an exponentially the Origination Clause was the moral tional Senate-originated tax, Mr. greater threat in terms of our security justification for our entire War of Inde- Speaker, it would allow the Obama ad- to the United States of America. pendence. Its importance was expressed ministration to blow yet another huge Secretary Kerry asserted that Mr. through the Virginia House of Bur- hole into the constitutional fabric of Obama ‘‘means what he says.’’ But, Mr. gesses, the Stamp Act Congress, and this noble Republic. Speaker, if the world truly believed the First Continental Congress, all of Mr. Speaker, Daniel Webster once that this President means what he whom petitioned the Crown and the said: says, the chemical weapons crisis in Parliament in England for redress of Hold on, my friends, to the Constitution Syria would never have occurred in the their tax grievances. It was with these and to the Republic for which it stands. Mir- acles do not cluster and what has happened first place. realities in mind that the Origination once in 6,000 years, may never happen again. Secretary Kerry said of the Syrian Clause of our Constitution was written, Hold on to the Constitution, for if the Amer- crisis that North Korea and Iran were and without it at the core of the Great ican Constitution should fall, there will be closely watching our actions. However, Compromise of 1787, the 13 original anarchy throughout the world. Mr. Speaker, the converse is actually

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6892 CONGRESSIONAL RECORD — HOUSE October 29, 2013 far more accurate: Syria has been Now, Mr. Speaker, I have a thought I for the power to raise and levy taxes to closely watching Mr. Obama’s inaction would like to repeat. originate in the people’s House whose toward North Korea and Iran since he Mr. Speaker, in 2012, the Supreme Members are closest to the electorate became President; and, consequently, Court of the United States narrowly, with 2-year terms, rather than the Sen- Assad felt he could use chemical weap- but specifically, upheld the individual ate whose Members sit unchallenged ons on innocent men, women, and chil- mandate at the heart of ObamaCare for 6-year terms and who do not pro- dren with impunity. Unfortunately, under Congress’ general taxing power. portionately represent the American Mr. Speaker, the entire world now sees The court noted specifically that ‘‘even population and who already enjoy their the U.S. under this President as all if the taxing power enables Congress to own unique and separate Senate powers talk. impose a tax on not obtaining health intentionally divided by the Framers However, in this monumentally im- insurance, any tax must still comply between the two Chambers. portant issue of preventing Iran from with other requirements in the Con- If we, as Members of the House of gaining nuclear weapons, our critical stitution.’’ Representatives, who took a solemn diplomatic policies must be backed by Mr. Speaker, I am going to read that oath to support and defend the Con- our unmovable will to back them up by one more time: ‘‘Even if the taxing stitution, including its origination all means necessary. power enables Congress to impose a tax clause, fail to assert this right and this The popular narrative of the Obama on not obtaining health insurance, any responsibility as immediate represent- administration is to embrace Iran’s tax must still comply with other re- atives of the people and those most ac- openness and reward their willingness quirements in the Constitution.’’ countable to them, Mr. Speaker, we to negotiate, Mr. Speaker. But, Mr. In short, Mr. Speaker, ObamaCare dishonor the Founders’ memory and we Speaker, we know United Nations reso- was upheld as a tax. The Supreme fundamentally abrogate our sworn lutions, IAEA declarations, and diplo- Court did not, and has not yet, consid- oath to support and defend the Con- matic efforts, including 10 rounds of ered a challenge to the Affordable Care stitution of the United States from all negotiations toward this regime, have Act’s taxing provisions on the grounds enemies foreign and domestic. produced absolutely no fruit at all. that it violated the origination clause Mr. Speaker, this fall the U.S. Cir- Decades have passed without a single in the United States Constitution. Mr. cuit Court of Appeals for the District concession from this, the world’s lead- Speaker, it most certainly did exactly of Columbia Circuit will hear an appeal ing sponsor of terror. that. in the case of Sissel v. HHS as to In 2005, we saw North Korea, another Mr. Speaker, the origination clause whether ObamaCare violates the origi- rogue nation, petition for ‘‘talks’’ is found in article I, section 7 of the nation clause of the Constitution. about ending their nuclear weapons Constitution, and it states: I would urge my colleagues to sign on program, and demanding U.S. conces- All bills for raising revenue shall originate to H. Res. 153 and to join me in an ami- sions. How did they hold up that end of in the House of Representatives. cus brief that I will be filing with the that bargain? They conducted three In creating ObamaCare, Senator court along with currently 31 other flagrant nuclear weapons tests. This, in HARRY REID took an entirely unrelated Members of Congress. This brief ex- spite of the fact that North Korea has bill, H.R. 3590, containing just 714 presses our collective conviction that been sanctioned, in terms of economic words that did not raise taxes, and the passage of ObamaCare was and is sanctions, into the virtual starvation then he stripped it of everything but unconstitutional. of their people for now a half century. its bill number. He then put the 400,000- Mr. Speaker, ObamaCare was the Mr. Speaker, Iran is closer than ever word ObamaCare that raised taxes in 17 largest tax increase in the history of before and racing toward a full nuclear different places into this empty shell the United States of America. The weapons capability. The Iranian Gov- bill. United States Supreme Court specifi- ernment’s intentions, actions, and ca- Through this bit of legislative trick- cally and officially ruled it a tax. Con- pacity to develop nuclear weapons ca- ery, Mr. Speaker, Mr. REID claims that sequently, under NANCY PELOSI and pability and sponsor international ter- ObamaCare originated in the House HARRY REID, the House and the Senate rorism are terrifyingly clear. The time when, in fact, every last provision of in passing it in the manner that they to regain our credibility with both our ObamaCare, including the largest tax did categorically violated the origina- allies and foes alike in this region is increase in American history, all came tion clause without which the U.S. now, before the situation devolves into from the Senate. Constitution never would have been a Syria-like situation, frantically Mr. Speaker, this sort of procedure born in the first place. searching for solutions after the crisis absolutely ignores and vacates the Mr. Speaker, it is now the duty of the has already begun. Founders’ intent, and it renders the judiciary to strike down ObamaCare as To that end, Mr. Speaker, I have in- origination clause of our Constitution a clear violation of the origination troduced the U.S.-Iran Nuclear Nego- completely meaningless. If it is al- clause. tiations Act, and I urge my colleagues lowed to stand, the origination clause By filing this amicus brief, we hope to cosponsor this bill along with 25 in the Constitution is a dead letter, Mr. the judiciary will seize on the oppor- other Members of Congress who are Speaker. tunity to support and defend the origi- now signed on. The U.S.-Iran Nuclear This is not a small or marginal issue. nation clause of this our United States Negotiations Act will strengthen the The principle behind the origination Constitution. United States negotiating position in clause was the moral justification for Mr. Speaker, if the judiciary does not the upcoming talks with Iran, and it our entire War of Independence. Its im- strike down ObamaCare as an unconsti- will outline vital congressional prior- portance was expressed through the tutional Senate-originated tax, it ities on any nuclear negotiations with Virginia House of Burgesses, the Stamp would, Mr. Speaker, allow the Obama Iran. Act Congress, and the First Conti- administration to blow yet another Mr. Speaker, a bad deal with Iran nental Congress, all of which peti- huge hole in the constitutional fabric which does not definitively prevent a tioned the Crown and Parliament in of this noble Republic. weapons-capable Iran is worse than no England for redress of their tax griev- Mr. Speaker, DANIEL WEBSTER said deal at all. I am afraid that is exactly ances. something that I think applies so pro- where this administration may take It was with these realities in mind foundly here. He said: us. that the origination clause of our Con- Hold on, my friends, to the Constitution Mr. Speaker, we must not let it hap- stitution was written. Without it at and to the Republic for which it stands. Mir- pen. the core of the great compromise of acles do not cluster and what has happened Whatever the cost is to prevent a nu- 1787, the 13 original States would never once in 6,000 years, may not happen again. clear-armed Iran, it will pale in signifi- have agreed to ratify the Constitution Hold on to the Constitution, for if the Amer- cance compared to the cost to our chil- of the United States. ican Constitution should fall, there will be dren and the entire human family of al- It is not a small issue, Mr. Speaker. anarchy throughout the world. lowing the jihadist regime in Iran to When our Founding Fathers wrote the Mr. Speaker, we must defend this gain nuclear weapons. Constitution, they knew it was vital Constitution. We must as the House of

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6893 Representatives do our part to uphold ployment to part-time employment. used that term, ‘‘we are going to those privileges and responsibilities we They liked their insurance policy, but grandfather in these policies.’’ have been given by the Constitution, then they found out they didn’t get to Then his Health and Human Services and I hope we do it, sir. keep it. They have lost it. They found wrote the regulations in such a way I yield back the balance of my time. out their deductible shot up dramati- that it forced insurance companies to f cally, and now they don’t think that have to change their policies, man- they can afford the thousands of dol- dated some new coverage if it was b 2115 lars that will be required before their going to comply with the law, but MORE PROBLEMS WITH insurance policy kicks in. there were so many things that were AFFORDABLE CARE ACT We have seen news reports repeatedly written into the regulations that about companies that have had to drop forced insurance companies to change The SPEAKER pro tempore. Under spouses from coverage or families from their policies which meant they could the Speaker’s announced policy of Jan- coverage or drop coverage altogether. not be grandfathered. So it was bad uary 3, 2013, the Chair recognizes the We found out that there may be as enough that people were promised, if gentleman from Texas (Mr. GOHMERT) many as 80 percent of those who indi- you like your insurance, you can keep for 30 minutes. vidually bought their insurance that it, and then there were going to be Mr. GOHMERT. Mr. Speaker, to fol- will or have lost their insurance. And some people who lost their insurance low on my dear friend Mr. FRANKS from so when I see a number projected like anyway, but then the regulations were Arizona’s discussion about the so- 14 million Americans will lose their in- written in such a way that it was going called Affordable Care Act, I continue surance, my understanding is that to force and has forced people to lose to hear from people who have lost their most of these projections about the their insurance. insurance, had insurance go up signifi- millions that are losing their insurance So the President’s own Health and cant amounts, it is not affordable. are actually talking about millions of Human Services Department has cre- Now, I did hear from one of my con- policies that are lost. So, for example, ated more lost policies by the way they stituents tonight that about 30 out of if it were my family when my children have written the regulations. They 147 people at his place of business actu- were growing up, then it would mean could have been written in such a way ally were helped by the Affordable Care not just one policy was lost, but it so that the President would have been Act, and that is great. Eighty percent would mean five people lost their in- allowed to keep his promise. And all it of Americans seem to have gotten no surance. So I think we will continue to would have taken from a strong leader help or been greatly harmed by the Af- see millions and millions losing their who wanted to make sure that no De- fordable Care Act. Their insurance has insurance rather than getting to keep partment made a liar out of him would gone up dramatically. They didn’t get it, which is a broken promise. have been to either pick up the phone to keep their insurance. They didn’t Now, there was an article written by or write a letter or have an email sent get to keep their doctor. They didn’t Lisa Meyers, and it is referenced here saying, Hey, don’t make a liar out of save $2,500. Most Americans have been in the blog of Ace of Spades, and I me. Don’t you write these regulations harmed by the Affordable Care Act. don’t have the article itself here, but a in such a way that it causes people to It is just very hard for me to call it great point is made that it is bad lose insurance policies when I promised the Affordable Care Act, but in this enough that we were told over and them they won’t lose their policies. body so often there have been bills over: If you like your insurance, you That could have happened, but it which had for a title, such as the Af- can keep it. If you like your insurance, didn’t happen. In fact, what the Health fordable Care Act, had a name that was you can keep it. If you like your insur- and Human Services Department did, exactly opposite of what the bill actu- ance, you can keep it. If you like your by virtue of the Secretary who is in ally was going to accomplish. The cap- insurance, we will make sure you can charge, they made sure that millions and-trade bill, as it was called, cer- keep it. You want to keep your insur- and millions and millions of Americans tainly didn’t help trade, but it sure did ance, you can keep it. would lose their health insurance. So it cap a lot of commerce that could have We were told those types of things makes that point, the Affordable Care taken place and would not have been over and over by the President himself Act as written and passed, would have able to if that bill had been passed. and people speaking for the President protected the grandfathered plans for a There are just all kinds of bills. Some as well. And the point is made that ac- longer period of time and with more people are pretty creative in the way tually the law itself did not destroy as freedom for adjustment, but the Obama that they put a name on. There is no many insurance policies as have now administration filled out the Sec- law that says the title to a bill has to been lost, but so many of the lost in- retary’s ‘‘shalls,’’ and there are so be truthful, and that is how you can surance policies have been forcibly lost many ‘‘shall this,’’ ‘‘shall do that,’’ end up with a bill calling it ‘‘affordable by this administration by the law but ‘‘shall do this’’ in such a way as to care’’ when the majority lose their in- also by the thousands of pages of regu- make it that much harder, if not basi- surance and don’t get the care that lations that have been written. And cally impossible to do. they need or, for example, find out that this article points out: The Obama administration’s original in 3 to 5 years, when they need a new In other words the ACA, Affordable Care June 2010 rules were actually even pacemaker, the new law will not allow Act, did make it incredibly hard for insurers stricter and have, for example, made it them to get it. Those are problems. to continue plans for the millions of Ameri- impossible for an insurer company to What I have also found more and cans who don’t want comprehensive insur- change the firms it uses to manage and ance. Financially, insurers almost certainly more of are senior citizens who are now administer the plan, which needn’t af- beginning to figure out that when the had to adjust them in such a way that they would lose the grandfathered status. This fect coverage and is a simple way to AARP-endorsed ObamaCare—and I isn’t ‘‘normal turnover in the insurance mar- lower costs. But those ludicrous re- don’t think it is disrespectful to the ket,’’ although there is plenty of that in the strictions were eliminated, but enough President to call the bill ObamaCare, individual market. There is a reason why an rules remained that it is again near im- just as the President and others called exceptionally large number of Americans are possible to maintain a grandfathered the bill that Governor Romney signed getting cancelation notices this fall. health insurance policy. in Massachusetts RomneyCare. I don’t It points out that very often insur- Very tragic. Promises made were not consider it disrespectful to former Gov- ance companies will keep premiums kept. ernor Romney to call it RomneyCare, down despite rising costs of insurance And also, I had some folks tell me and I don’t think it is disrespectful to by raising deductibles or copayments, that, gee, it seems disrespectful for Re- call the un-Affordable Care Act and that is precisely what Obama’s reg- publicans to say, to talk about Presi- ObamaCare. So no disrespect to the ulations say makes a policy automati- dent Obama without mentioning the President intended by referring to his cally ungrandfathered. So people were word ‘‘President.’’ It seems disrespect- signature bill. told, if you like your policy, you can ful. And so, Mr. Speaker, I certainly But people have been hurt. People keep it because we are going to grand- don’t mean any ill will any time I have have been moved from full-time em- father them in. The President himself used the shorthand, and I try to use

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The rea- prosecuted more whistleblower or Bush’’ without saying ‘‘President son I did that was because I did not leakers than any other administration, Bush,’’ that those people who want care what anybody’s race was. It didn’t in fact, than all other administrations President Obama to always have matter to me. I had to look at the put together. It is ruling with an iron ‘‘President’’ before ‘‘Obama’’ said that backgrounds of the individuals, look at fist. they will go ahead and apologize for the individuals that were on the grand This article points out that: ever referring to Bush without ‘‘Presi- jury, and then select from among those Human Events alumnus Audrey Hudson dent’’ in front of that. someone that I believed would be a was the target of a Department of Homeland Security raid in August that was ostensibly But the reason that doesn’t nec- leader, would be good at organization, related to firearms, but in a new interview essarily need to happen is I know most would have the respect of the other with the Daily Caller, she revealed that DHS people didn’t mean any ill will by that. grand jurors, and be able to work for 6 and the Maryland State Police also just hap- Obviously, those who hung President months as head of the grand jury and pened to confiscate her files and notes, which Bush in effigy or said some of the most make good decisions as a peacemaker included information about whistleblowers mean-spirited, nasty things about and an organizer. inside Homeland Security. President Bush, it never crossed my I never looked at their race. I didn’t Hudson says the files were taken without care about that. But I happened to her knowledge and without a subpoena. The mind that they might be racist, be- Daily Caller confirmed that the search war- cause I thought they just disliked the know the people that I appointed as rant pertained to firearms and ammunition. man. But we are hearing now from so grand jury foremen. Sometimes they Even that part of the story seems rather many people that if you say something were women; sometimes they were flimsy, but then we get to all those juicy about the President, then you must be men. I couldn’t have told them, but files that got hoovered up during the raid. a racist. I just look so forward to the they went back and checked and, wow, At about 4:30 a.m. on August 6, Hudson said officers dressed— day when the dream of Martin Luther I had appointed a majority of African King, one of them, will be realized that Americans during the time I was in That is 4:30 in the morning. It is hard people will be judged by the content of charge of the grand jury rather than to believe that people sleeping peace- their character and not by the color of Anglos. Once they found that out, that ably, law abiding citizens, a reporter their skin. blew their theory as far as me as a wit- who has written stories using sources I testified today before the Senate ness. So they quickly sent word that within Homeland Security that the ad- Subcommittee of the Judiciary about my subpoena had been dismissed and ministration didn’t like, they bust into the Stand Your Ground Act, and actu- my testimony was not desired because, her home with a subpoena and say we ally that language comes from an 1895 clearly, I wasn’t going to help them es- are here to look for firearms, and instead, without the consent—I would Supreme Court case where the Su- tablish a case of district judges being say that if the subpoena did not allow preme Court said an individual could racist. for them to take her notes pertaining stand his ground, so that is not a new I can remember a couple of the grand to DHS whistleblowers that provided invention. But I was reminded, when jury foremen I selected. It had nothing this reporter information, it begs the people began to talk in terms of racism to do with race. They were good people. question that perhaps these law en- from stand your ground laws, that, as a One I remember was a community forcement officers acting under color prosecutor, we didn’t care what any- leader, was in so many organizations of State law or Federal law stole these body’s race was, not as a defendant nor that everybody respected her. I knew she was amazing in organization, a without due process. as a victim. Everybody deserved to So it bears looking into. If we had a have protection regardless of race, former assistant superintendent. Any- way, I feel like so many times people Justice Department that was going to creed, color, gender, national origin. do justice in such an abuse of power, want to use the term ‘‘racist,’’ and But it did remind me that back when the same kind that would actually they are like those defense attorneys I was a judge, judges did not select the prosecute people who brought a billy that don’t bother to check the facts be- grand jury, their grand jury members. club and intimidated voters at a voting fore they start mouthing off. Those were chosen by grand jury com- location—but that doesn’t seem to be missioners the judges chose, but the Another article that I saw in the last couple of days disturbed me greatly be- the case. commissioners chose the panel mem- Anyway, the article says: bers for the grand jury. cause it follows along in a pattern of abuse of law enforcement, of the tools After the search began, Hudson said she b 2130 was asked by an investigator with the Coast of the administration. It follows along Guard Investigative Service if she was the There were some defense attorneys in what really amounted to the same Audrey Hudson who had written a se- that decided to attack the system by weaponization of the Internal Revenue ries of critical stories about air marshals for claiming judges were by a dispropor- Service. We still need a special pros- The Washington Times over the last decade. tionate number appointing too many ecutor to go through and indict anyone The Coast Guard operates under the Depart- Anglos as grand jury foreman because and bring them to trial, anyone in the ment of Homeland Security. that is something that judges did in Hudson said that investigator, Miguel IRS that abused their positions, any- Bosch, identified himself as a former air Texas. A judge selected the foreman for body that has committed perjury. We marshal official. the grand jury. He did not select the need a special prosecutor to do that. But it wasn’t until a month later, on Sept. members. But among the members, Obviously, the Justice Department will 10, that Hudson was informed by Bosch that they would choose who the foreman not, and we need someone to do that. five files, including her handwritten and would be. We have seen how abusive this ad- typed notes from interviews with numerous I was subpoenaed at one time back ministration can be using the powers of confidential sources and other documents, had been taken during the raid. then without the defense attorneys its office to go after people. We also In particular, the files included notes that doing their homework, and they in- know, despite the promises before were used to expose how the Federal Air tended to put me on the stand in their being elected that this administration Marshal Service had lied to Congress about attack on a racist grand jury foreman would be the most transparent in his- the number of airline flights there were ac- system and use that to establish that, tory, it has not been so. More and more tually protecting against another terrorist gee, it was grossly unfair, the dis- mainstream reporters are starting to attack, Hudson wrote in a summary about the raid provided to The DC. proportionate number of Anglos that realize that, wait a minute, these guys The Coast Guard was involved because were chosen as grand jury commis- are not even as open as the Bush ad- Audrey’s husband works for them as an ord- sioners. Then, after I was subpoenaed ministration was. I am sorry, the nance technician. What was the reason given and before I testified, they did their President Bush administration. for grabbing his wife’s files?

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — HOUSE H6895 She said she asked Bosch why they took law, like Americans across the country table does not show budget authority and the files. He responded that they needed to are required to do without this kind of outlays for years after fiscal year 2014 be- run them by TSA to make sure it was ‘‘le- abuse. cause appropriations for those years have gitimate’’ for her to have them. We have got to stop the abuse. We not yet been considered. I am sorry. Legitimate for a reporter have the power to do it. All we have to Table 2 compares the current levels of budget authority and outlays for action com- to have her own handwritten notes? do is defund it until they come within What kind of a country are we living in pleted by each authorizing committee with the letter of the law themselves. the ‘‘section 302(a)’’ allocations made under that busts into somebody’s home at Mr. Speaker, I yield back the balance H. Con. Res. 112 (112th Congress) for fiscal 4:30 in the morning to take her notes of my time. year 2013 and H. Con. Res. 25 (113th Congress) regarding whistleblowers at Homeland f for fiscal years 2014 and the 10-year period Security? We are living in a scary 2014 through 2023. ‘‘Action’’ refers to legisla- time. LEAVE OF ABSENCE tion enacted after the adoption of the budget Back to the article. By unanimous consent, leave of ab- resolution. This comparison is needed to en- This guy basically came in here and took sence was granted to: force section 302(f) of the Budget Act, which creates a point of order against measures my anonymous sources and turned them Mr. RUSH (at the request of Ms. that would breach the section 302(a) alloca- over—took my whistleblowers—and turned it PELOSI) for October 28 through October over to the agency they were blowing the tion of new budget authority for the com- 30 on account of attending to family mittee that reported the measure. It is also whistle on,’’ Hudson said. ‘‘And these guys acute medical care and hospitalization. still work there.’’ needed to implement section 311(b), which Hudson says none of the documents were f exempts committees that comply with their classified, and no laws were broken in ob- allocations from the point of order under PUBLICATION OF BUDGETARY section 311(a). taining them. She said the government pa- MATERIAL pers in her possession were obtained through Table 3 compares the current status of dis- a Freedom of Information Act request, an as- STATUS REPORT ON CURRENT SPENDING LEVELS cretionary appropriations for fiscal years sertion the Coast Guard confirmed. And how OF ON-BUDGET SPENDING AND REVENUES FOR 2013 and 2014 with the ‘‘section 302(b)’’ sub-al- did they confirm it? They handed the mate- FY 2013, 2014 AND THE 10-YEAR PERIOD FY 2014 locations of discretionary budget authority rial over to the ‘‘source agency’’ for review— THROUGH FY 2023 and outlays among Appropriations sub- committees. The comparison is also needed or, as Hudson put it, they turned the whistle- HOUSE OF REPRESENTATIVES, to enforce section 302(f) of the Budget Act blower information over to the agency that COMMITTEE ON THE BUDGET, because the point of order under that section had the whistle blown against it. Washington, DC, October 29, 2013. equally applies to measures that would It wasn’t just official documents that were Hon. JOHN A. BOEHNER, breach the applicable section 302(b) sub-allo- seized, however. Hudson says they also ‘‘took Speaker, Office of the Speaker, U.S. Capitol, cation. The table also provides supple- four other files with my handwritten and House of Representatives, Washington, DC. mentary information on spending in excess typed interview notes with confidential Mr. RYAN of Wisconsin. Mr. Speaker, to of the base discretionary spending caps al- sources, that I staked my reputation as a facilitate application of sections 302 and 311 lowed under section 251(b) of the Budget Con- journalist to protect under the auspices of of the Congressional Budget Act, I am trans- trol Act. the First Amendment of the Constitution.’’ mitting an updated status report on the cur- One of her major reasons for coming forward rent levels of on-budget spending and reve- Table 4 gives the current level for fiscal with the story is to give the whistleblowers nues for fiscal years 2013, 2014 and for the 10- year 2015 of accounts identified for advance a heads-up, because she’s ‘‘terrified to con- year period of fiscal year 2014 through fiscal appropriations under section 601 of H. Con. tact them’’ directly. year 2023. This status report is the last up- Res. 25. This list is needed to enforce section This is unbelievable. This is hap- date for fiscal year 2013, which ended on Sep- 601 of the budget resolution, which creates a point of order against appropriation bills pening in America. Mr. Speaker, I tember 30, 2013. For fiscal year 2014, the report is current through October 22, 2013. that contain advance appropriations that think we should defund the Depart- are: (i) not identified in the statement of ment of Homeland Security until such The term ‘‘current level’’ refers to the amounts of spending and revenues estimated managers or (ii) would cause the aggregate time as they start being honest about for each fiscal year based on laws enacted or amount of such appropriations to exceed the what they are doing and we get an- awaiting the President’s signature. level specified in the resolution. swers from the Justice Department. Table 1 in the report compares the current In addition, letters from the Congressional They need to be addressed until they levels of total budget authority, outlays, and Budget Office are attached that summarize provide the information that the At- revenues with the overall limits set in H. and compare the budget impact of enacted torney General has been held in con- Con. Res. 112 (112th Congress) for fiscal year legislation during the FY 2013 and FY 2014 tempt for. We want to make sure law 2013 and H. Con. Res 25 (113th Congress) for fiscal years against the budget resolution aggregates in force during those years. enforcement services are done, we fund fiscal year 2014 and the 10-year period of fiscal year 2014 through 2023. This comparison If you have any questions, please contact those, but we don’t defund the Attor- is needed to implement section 311(a) of the Paul Restuccia. ney General himself or the head of DHS Budget Act, which creates a point of order Sincerely, until such time as they start com- against measures that would breach the PAUL RYAN, plying with the requirements of the budget resolution’s aggregate levels. The Chairman. TABLE 1—STATUS OF THE FISCAL YEAR 2013 AND 2014 CONGRESSIONAL BUDGET AS ADOPTED IN H. CON. RES. 112 AND H. CON. RES. 25 [Reflecting Action Completed as of October 22, 2013 (On-budget amounts, in millions of dollars).]

1 2 Fiscal Years Fiscal Year 2013 Fiscal Year 2014 2014–2023

Appropriate Level: Budget Authority ...... 2,793,848 2,761,945 n.a. Outlays ...... 2,891,589 2,811,517 n.a. Revenues ...... 2,089,540 2,310,972 31,089,081 Current Level: Budget Authority ...... 3,021,853 2,904,124 n.a. Outlays ...... 3,065,784 2,922,851 n.a. Revenues ...... 2,015,873 2,310,977 31,089,104 Current Level over (+)/under (¥) Appropriate Level: Budget Authority ...... +228,005 +142,179 n.a. Outlays ...... +174,195 +111,334 n.a. Revenues ...... ¥73,667 +5 +23

n.a. = Not applicable because annual appropriations Acts for fiscal years 2015 through 2022 will not be considered until future sessions of Congress. 1 The appropriate level for FY2013 was established in H. Con. Res. 112, which was subsequently deemed to be in force in the House of Representatives pursuant to H. Res. 5. The current level for FY2013 starts with the baseline estimates contained in Updated Budget Projections: Fiscal Years 2012 to 2022, published by the Congressional Budget Office, and makes adjustments to those levels for enacted legislation. 2 The appropriate level for FY2014 was established in H. Con. Res. 25, which was subsequently deemed to be in force in the House of Representatives pursuant to H. Res. 243. The current level for FY2014 starts with the baseline estimates contained in Updated Budget Projections: Fiscal Years 2013 to 2023, published by the Congressional Budget Office, and makes adjustments to those levels for enacted legislation.

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2013––– 2014– 2014–2023– House Committee– BA Outlays BA Outlays BA Outlays

Agriculture Allocation– ...... ¥1,577– ¥1,503– ¥2,631– ¥2,501– ¥209,044– ¥208,556 Current Level– ...... ¥106– ¥106– 0– 0– 0– 0 Difference– ...... +1,471 +1,397 +2,631 +2,501 +209,044 +208,556 Armed Services–––––– Allocation– ...... 0– 0– 0– 0– 0– 0 Current Level– ...... +77– +94– 0– 0– 0– 0 Difference– ...... +77– +94– 0– 0– 0– 0 Education and the Workforce–––––– Allocation– ...... ¥18,098– ¥7,096– ¥21,712– ¥7,430– ¥217,458– ¥198,921 Current Level– ...... +16,870 +11,355 +14,400 +12,670– ¥16,770– ¥8,795 Difference– ...... +34,968 +18,451 +36,112 +20,100– +200,688 +190,126 Energy and Commerce– Allocation– ...... ¥20,137– ¥4,661– ¥22,996– ¥20,659– ¥1,604,166– ¥1,596,356 Current Level– ...... +9,762– +11,695– 0– 0– 0– 0 Difference– ...... +29,899– +16,356– +22,996– +20,659– +1,604,166– +1,596,356 Financial Services–––––– Allocation– ...... ¥8,562– ¥8,495– ¥11,465– ¥10,428– ¥94,439– ¥94,325 Current Level– ...... +5,245 – +5,245 – 0 0– 0 0 Difference– ...... +13,807 +13,740 +11,465– +10,428 +94,439 +94,325 Foreign Affairs–––––– Allocation– ...... 0 0– 0 0 0 0 Current Level– ...... 0 0– +2 +2 +20– +20 Difference– ...... 0– 0 +2 +2 +20 +20 Homeland Security–––––– Allocation– ...... 0 0– ¥305– ¥305– ¥12,575 ¥12,575 Current Level– ...... 0– 0– 0– 0– 0– 0 Difference– ...... 0 0– +305– +305– +12,575 +12,575 House Administration–––––– Allocation– ...... 0 0– ¥34– 0– ¥295 ¥130 Current Level– ...... 0 0– 0 0– 0 0 Difference– ...... 0 0– +34 0– +295– +130 Judiciary–––––– Allocation– ...... ¥8,490 ¥594– ¥11,506 ¥637 ¥47,461 ¥45,809 Current Level– ...... 0– 0– 0– 0– 0– 0 Difference– ...... +8,490 +594– +11,506 +637 +47,461 +45,809 Natural Resources–––––– Allocation– ...... ¥460– ¥229– ¥900– ¥632– ¥17,995– ¥17,225 Current Level– ...... +259– +596– ¥16– ¥58– ¥95– ¥95 Difference– ...... +719– +825– +884– +574– +17,900 +17,130 Oversight and Government Reform–––––– Allocation– ...... ¥8,146– ¥8,113– ¥11,758– ¥11,758– ¥165,996– ¥165,996 Current Level– ...... ¥9– ¥9– 0– 0– 0– 0 Difference– ...... +8,137 +8,104 +11,758 +11,758– +165,996 +165,996 Science, Space and Technology–––––– Allocation– ...... 0 0– 0 0– 0 0 Current Level ...... 0 0– 0 0– 0 0 Difference– ...... 0 0– 0 0– 0 0 Small Business–––––– Allocation– ...... 0 0– 0 0– 0 0 Current Level ...... 0 0– 0 0– 0 0 Difference– ...... 0 0– 0 0– 0 0 Transportation and Infrastructure–––––– Allocation– ...... ¥36,626 ¥9,354 ¥78 ¥47 ¥116,444 ¥951 Current Level ...... +6,588 +6,200 0 0 0 0 Difference– ...... +43,214 +15,554 +78 +47– +116,444 +951 Veterans’ Affairs–––––– Allocation– ...... 0 0– 0 0– 0 0 Current Level ...... ¥36– ¥36 ¥1 ¥1– ¥4 ¥4 Difference– ...... ¥36 ¥36 ¥1 ¥1 ¥4 ¥4 Ways and Means–––––– Allocation– ...... ¥5,970 ¥8,211 ¥22,567 ¥21,667 ¥1,298,202 ¥1,291,946 Current Level ...... +23,031 +23,031 0 0 0 0 Difference– ...... +29,001 +31,242 +22,567 +21,667– +1,298,202 +1,291,946

TABLE 3—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2013—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF SEPTEMBER 30, 2013 [Figures in Millions] 1

302(b) Allocations 302(b) for GWOT Current Status Current Status GWOT General Purpose less GWOT less 302(b) (H. Rept. 112–489) General Purpose 302(b) BA OT BA OT BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 19,405 22,759 0 0 20,531 22,910 0 0 +1,126 +151 0 0 Commerce, Justice, Science ...... 51,129 62,853 0 0 50,210 62,708 0 0 ¥919 ¥145 0 0 Defense ...... 519,220 573,770 88,480 48,420 517,632 572,413 87,226 48,044 ¥1,588 ¥1,357 ¥1,254 ¥376 Energy and Water Development ...... 32,098 40,682 0 0 36,744 41,350 0 0 +4,646 +668 0 0 Financial Services and General Government ...... 21,150 23,939 0 0 21,453 24,370 0 0 +303 +431 0 0 Homeland Security ...... 44,598 45,194 0 0 51,385 46,785 254 203 +6,787 +1,591 +254 +203 Interior, Environment...... 28,000 31,058 0 0 29,827 31,583 0 0 +1,827 +525 0 0 Labor, Health and Human Services, Education ...... 150,002 162,699 0 0 157,355 167,544 0 0 +7,353 +4,845 0 0 Legislative Branch...... 4,289 4,381 0 0 4,284 4,315 0 0 ¥5 ¥66 0 0 Military Construction and Veterans Affairs ...... 71,747 79,069 0 2 71,930 79,400 0 2 +183 +331 0 0 State, Foreign Operations ...... 40,132 48,569 8,245 2,454 42,093 49,660 11,203 3,510 +1,961 +1,091 +2,958 +1,056 Transportation, HUD...... 51,606 115,161 0 0 51,817 115,117 0 0 +211 ¥44 0 0 Full Committee Allowance ...... 2 0 0 249 0 0 0 0 ¥2 0 0 ¥249 Total ...... 1,033,377 1,210,134 96,725 51,125 1,055,261 1,218,155 98,683 51,759 +21,883 +8,021 +1,958 +634

General Purpose GWOT Comparison 302(a) and Total Appropriations 1 BA OT BA OT

302(a) Allocation ...... 1,033,377 1,210,134 96,725 51,125 Total Appropriations ...... 1,055,261 1,218,155 98,683 51,759 302(a) Allocation vs. Total Appropriations ...... +21,884 +8,021 +1,958 +634

Memorandum: Amounts Assumed in Emergency Requirements Disaster Funding Program Integrity 302(b) Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 0 0 224 72 0 0 0 0

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Commerce, Justice, Science ...... 0 0 363 97 0 0 0 0 Defense ...... 0 0 88 42 0 0 0 0 Energy and Water Development ...... 0 0 1,889 327 0 0 0 0 Financial Services and General Government ...... 0 0 811 430 0 0 0 0 Homeland Security 2 ...... 5,481 274 6,693 283 11,779 1,453 0 0 Interior, Environment ...... 0 0 1,443 153 0 0 0 0 Labor, Health and Human Services, Education ...... 0 0 827 108 0 0 483 430 Legislative Branch ...... 0 0 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... 0 0 261 24 0 0 0 0 State, Foreign Operations ...... 0 0 0 0 0 0 0 0 Transportation, HUD ...... 0 0 29,070 588 0 0 0 0 Totals ...... 5,481 274 41,669 2,124 11,779 1,453 483 430 1 Spending designated as emergency is not included in the current status of appropriations shown above. 2 0n May 22, 2012 the House Budget Committee provided an adjustment to the 302(a) allocation for the Committee on Appropriations to accommodate $5.481 billion in budget authority and $274 million in outlays for disaster designated spending. On September 28, 2012 the Continuing Appropriations Act, 2013 was signed into law which provided $6.400 billion in budget authority and $320 billion in outlays for disaster designated spending through March 27, 2013. This amount was subsequently extended through September 30, 2013 as part of P.L. 113–6. On January 29, 2013, the Disaster Relief Appropriations Act was signed into law which provided a full-year appropriation of an additional $5.379 billion in budget authority and $1.133 billion in outlays for disaster designated spending.

TABLE 3—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2014—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF OCTOBER 22, 2013 [Figures in Millions] 1

302(b) Allocations (H. Rept. 302(b) for GWOT Current Status General Pur- Current Status GWOT General Purpose less GWOT less 302(b) 113–143) pose 302(b) BA OT BA OT BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 19,450 21,300 0 0 19,450 21,294 0 0 0 ¥6 0 0 Commerce, Justice, Science...... 47,396 58,700 0 0 47,396 58,700 0 0 0 0 0 0 Defense ...... 512,522 543,685 85,769 42,994 512,510 543,674 79,741 41,051 ¥12 ¥11 ¥6,028 ¥1,943 Energy and Water Development ...... 30,426 38,363 0 0 30,414 38,369 0 0 ¥12 +6 0 0 Financial Services and General Government ...... 16,966 19,711 0 0 16,966 19,707 0 0 0 ¥4 0 0 Homeland Security...... 44,617 45,961 0 0 44,617 45,961 0 0 0 0 0 0 Interior, Environment...... 24,278 25,207 0 0 0 12,537 0 0 ¥24,278 ¥12,670 0 0 Labor, Health and Human Services, Education ...... 121,797 133,809 0 0 24,642 104,421 0 0 ¥97,155 ¥29,388 0 0 Legislative Branch...... 4,124 4,085 0 0 3,233 3,385 0 0 ¥891 ¥700 0 0 Military Construction and Veterans Affairs ...... 73,320 76,204 0 0 73,320 76,204 0 0 0 0 0 0 State, Foreign Operations ...... 34,103 36,308 6,520 5,016 34,103 41,824 6,520 2,182 0 +5,516 0 ¥2,834 Transportation, HUD...... 44,100 114,931 0 0 44,100 114,928 0 0 0 ¥3 0 0 Full Committee Allowance...... 0 0 0 0 0 0 0 0 0 0 0 0 Total ...... 973,099 1,118,264 92,289 48,010 850,751 1,081,004 86,261 43,233 ¥122,348 ¥37,260 ¥6,028 ¥4,777

General Purpose GWOT Comparison 302(a) and Total Appropriations 1 BA OT BA OT

302(a) Allocation ...... 973,099 1,118,264 92,289 48,010 Total Appropriations ...... 850,751 1,081,004 86,261 43,233 302(a) Allocation vs. Total Appropriations ...... ¥122,348 ¥37,260 ¥6,028 ¥4,777

Memorandum Amounts Emergency Disaster Program Assumed in 302(b) Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 0 0 0 0 0 0 0 0 Commerce, Justice, Science ...... 0 0 0 0 0 0 0 0 Defense ...... 0 0 0 0 0 0 0 0 Energy and Water Development ...... 0 0 0 0 0 0 0 0 Financial Services and General Government ...... 0 0 0 0 0 0 0 0 Homeland Security ...... 5,626 281 0 0 5,626 281 0 0 Interior, Environment ...... 0 0 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... 0 0 0 0 0 0 0 0 Legislative Branch ...... 0 0 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... 0 0 0 0 0 0 0 0 State, Foreign Operations ...... 0 0 0 0 0 0 0 0 Transportation, HUD ...... 0 0 0 0 0 0 0 0 Totals ...... 5,626 281 0 0 5,626 281 0 0 1 Spending designated as emergency is not included in the current status of appropriations shown above.

TABLE 4—2015 ADVANCE APPROPRIATIONS PURSUANT TO TABLE 4—2015 ADVANCE APPROPRIATIONS PURSUANT TO the fiscal year 2013 budget and is current H. CON. RES. 25 AS OF OCTOBER 22, 2013 H. CON. RES. 25 AS OF OCTOBER 22, 2013—Continued through September 30, 2013. This report is [Budget Authority in Millions of Dollars] [Budget Authority in Millions of Dollars] submitted under section 308(b) and in aid of section 311 of the Congressional Budget Act, Special Education–– ...... 0 Section 601(d)(1)Limits– 2,015 Career, Technical and Adult Education as amended. – ...... 0 Appropriate Level–– ...... 55,634 The estimates of budget authority, out- Tenant-based Rental Assistance – ..... 0 Enacted Advances: lays, and revenues are consistent with the Project-based Rental Assistance–– .... 0 Accounts Identified for Advances: Subtotal, enacted advances 1–.. 0 technical and economic assumptions of H. Department of Veterans Affairs Previously Enacted Advance Appropriations 2–– ... 2,015 Con. Res. 112, the Concurrent Resolution on Medical Services–– ...... 0 Medical Support and Compli- the Budget for Fiscal Year 2013, as approved Corporation for Public Broadcasting–– ...... 445 by the House of Representatives and subse- ance–– ...... 0 Total, enacted advances 1–– ...... 445 Medical Facilities–– ...... 0 quently revised. Subtotal, enacted ad- 1 Line items may not add to total due to rounding. vances 1–– ...... 0 2 Funds were appropriated in Public Law 113–6. Since my last letter dated September 9, Section 601 (d) (2) Limits–– 2015 2013, there has been no Congressional action U.S. CONGRESS, affecting budget authority, outlays, or reve- Appropriate Level–– ...... 28,852 CONGRESSIONAL BUDGET OFFICE, Enacted Advances:– Washington, DC, October 24, 2013. nues for fiscal year 2013. Accounts Identified for Advances: Hon. PAUL RYAN, Sincerely, Payment to Postal Service–– ...... 0 Chairman, Committee on the Budget, House of DOUGLAS W. ELMENDORF, Director. Employment and Training Administra- Representatives, Washington, DC. Enclosure. tion–– ...... 0 Education for the Disadvantaged – .... 0 DEAR MR. CHAIRMAN: The enclosed report School Improvement Programs – ...... 0 shows the effects of Congressional action on

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Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,293,339 Permanents and other spending legislation ...... 1,869,081 1,818,079 n.a. Appropriation legislation ...... 0 553,169 n.a. Offsetting receipts ...... ¥729,799 ¥729,799 n.a. Total, Previously enacted ...... 1,139,282 1,641,449 2,293,339 Enacted Legislation: Authorizing Legislation Temporary Bankruptcy Judgeships Extension Act of 2012 (P.L. 112–121) ...... 0 0 1 Moving Ahead for Progress in the 21st Century Act (P.L. 112–141) ...... 8,795 9,439 2,291 Food and Drug Administration Safety and Innovation Act (P.L. 112–144) ...... ¥16 ¥16 0 Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (P.L. 112–154) ...... ¥36 ¥36 0 An act to amend the African Growth and Opportunity Act . . . and to make technical corrections to the Harmonized Tariff schedule . . . for the Dominican Repub- lic-Central America-United States Free Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes (P.L. 112–163) ...... 0 0 ¥59 FDA User Fees Corrections Act of 2012 (P.L. 112–193) ...... 0 ¥195 0 National Defense Authorization Act for Fiscal Year 2013 (P.L. 112–239) ...... ¥33 ¥16 0 American Taxpayer Relief Act of 2012 (P.L. 112–240) ...... 57,428 49,804 ¥279,700 Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012 (P.L. 112–242) ...... 3 3 0 An act to amend title 5, United States Code, to make clear that accounts in Thrift Savings Fund are subject to certain Federal tax levies (P.L. 112–267) ...... 0 0 1 An act to temporarily increase the borrowing authority of the Federal Emergency Management Agency for carrying out the National Flood Insurance Program (P.L. 113–1) ...... 5,250 5,250 0 Bipartisan Student Loan Certainty Act of 2013 (P.L. 113–28) ...... 14,290 8,080 0 Total, Authorizing Legislation ...... 85,681 72,313 ¥277,466 Appropriations Legislation Continuing Appropriations Resolution, 2013 (P.L. 112–175) b ...... 423 423 0 Disaster Relief Appropriations Act, 2013 (P.L. 113–2) c ...... 8,840 1,479 0 Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113–6) ...... 1,867,246 1,426,973 0 Reducing Flight Delays Act of 2013 (P.L. 113–9) ...... 0 203 0 Total, Appropriations Legislation ...... 1,876,509 1,429,078 0 Total, Enacted Legislation ...... 1,962,190 1,501,391 ¥277,466 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥79,619 ¥77,056 0 Total Current Leveld ...... 3,021,853 3,065,784 2,015,873 Total House Resolutione ...... 2,793,848 2,891,589 2,089,540 Current Level Over House Resolution ...... 228,005 174,195 n.a. Current Level Under House Resolution ...... n.a. n.a. 73,667 Memorandum: Revenues, 2013–2022: House Current Level ...... n.a. n.a. 28,846,212 House Resolutionf ...... n.a. n.a. 28,957,333 Current Level Over House Resolution ...... n.a. n.a. n.a. Current Level Under House Resolution ...... n.a. n.a. 111,121 Source: Congressional Budget Office. Note:–n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues and were cleared by the Congress in 2012, but before adoption of the Concurrent Resolution on the Budget for Fiscal Year 2013 (H. Con. Res. 112): the FAA Modernization and Reform Act of 2012 (P.L. 112–95), the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112–96), and an act to apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes (P.L. 112–99). b Sections 140(b) and 141(b) of the Continuing Appropriations Resolution, 2013 provided $423 million for fire suppression activities, available until expended. c Pursuant to Section 314(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2013, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Disaster Relief Appropriations Act, 2013 ...... 41,667 2,122 n.a. d For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. e Periodically, the House Committee on the Budget revises the totals in H. Con. Res. 112, pursuant to various provisions of the resolution: Budget Authority Outlays Revenues

Original House Resolution ...... 2,793,848 2,891,589 2,293,339 Revisions: For the American Taxpayer Relief Act of 2012 ...... 0 0 ¥203,799

Revised House Resolution ...... 2,793,848 2,891,589 2,089,540 f Periodically, the House Committee on the Budget revises the 2013–2022 revenue totals in H. Con. Res. 112, pursuant to various provisions of the resolution.

U.S. CONGRESS, The estimates of budget authority, out- Helium Stewardship Act of 2013 (Public CONGRESSIONAL BUDGET OFFICE, lays, and revenues are consistent with the Law 113–40); Washington, DC, October 24, 2013. technical and economic assumptions of H. An act to extend the period during which Hon. PAUL RYAN, Con. Res. 25, the Concurrent Resolution on Iraqis who were employed by the United Chairman, Committee on the Budget, House of the Budget for Fiscal Year 2014, as approved States Government in Iraq may be granted Representatives, Washington, DC. by the House of Representatives and subse- special immigrant status and to temporarily quently revised. increase the fee or surcharge for processing DEAR MR. CHAIRMAN: The enclosed report Since my last letter dated September 9, machine-readable nonimmigrant visas (Pub- shows the effects of Congressional action on 2013, the Congress has cleared and the Presi- lic Law 113–42); and the fiscal year 2014 budget and is current dent has signed the following acts that affect Continuing Appropriations Act, 2014 (Pub- through October 22, 2013. This report is sub- budget authority, outlays, or revenues for lic Law 113–46). mitted under section 308(b) and in aid of sec- fiscal year 2014: Sincerely, tion 311 of the Congressional Budget Act, as Department of Veterans Affairs Expiring DOUGLAS W. ELMENDORF, Director. amended. Authorities Act of 2013 (Public Law 113–37); Enclosure. FISCAL YEAR 2014 HOUSE CURRENT LEVEL REPORT THROUGH OCTOBER 22, 2013 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,310,972 Permanents and other spending legislation ...... 1,848,718 1,778,493 n.a. Appropriation legislation ...... 0 504,662 n.a.

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Budget Authority Outlays Revenues

Offsetting receipts ...... ¥707,692 ¥707,792 n.a. Total, Previously enacted ...... 1,141,026 1,575,363 2,310,972 Enacted Legislation: b Bipartisan Student Loan Certainty Act of 2013 (P.L. 113–28) ...... 14,400 12,670 0 Department of Veterans Affairs Expiring Authorities Act of 2013 (P.L. 113–37) ...... ¥1 ¥1 0 Helium Stewardship Act of 2013 (P.L. 113–40) ...... ¥16 ¥58 0 An act to extend the period during which Iraqis who were employed by the United States Government in Iraq may be granted special immigrant status and to temporarily increase the fee or surcharge for processing machine-readable nonimmigrant visas (P.L. 113–42) ...... 2 2 5 Continuing Appropriations Act, 2014 (P.L. 113–46) c ...... 635 635 0 Total, Enacted Legislation ...... 15,020 13,248 5 Continuing Resolution: d Continuing Appropriations Act, 2014 (P.L. 113–46) ...... 1,000,318 602,907 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 747,760 731,333 0 Total Current Level e ...... 2,904,124 2,922,851 2,310,977 Total House Resolution f ...... 2,761,945 2,811,517 2,310,972 Current Level Over House Resolution ...... 142,179 111,334 5 Current Level Under House Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2014–2023:. House Current Level ...... n.a. n.a. 31,089,104 House Resolution g ...... n.a. n.a. 31,089,081 Current Level Over House Resolution ...... n.a. n.a. 23 Current Level Under House Resolution ...... n.a. n.a. n.a. SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before adoption of the Concurrent Resolution on the Budget for Fiscal Year 2014 (H. Con. Res. 25): an act to temporarily increase the borrowing authority of the FEMA for carrying out the National Flood Insurance Program (P.L. 113–1), the Disaster Relief Appropriations Act, 2013 (P.L. 113–2), the Pandemic and All-Hazards Prepared- ness Reauthorization Act of 2013 (P.L. 113–5), the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113–6), and the Reducing Flight Delays Act of 2013 (P.L. 113–9). b Pursuant to Section 314(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2014, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Continuing Appropriations Act, 2014 (Sec. 155) ...... 0 50 n.a. c Sections 135 and 136 of the Continuing Appropriations Act, 2014 (P.L. 113–46) provide $636 million for fire suppression activities, available until expended. Section 146 of the Act freezes the pay of Members of Congress, which is estimated to result in a reduction in spending of $1 million in 2014. d The Continuing Appropriations Act, 2014 (P.L. 113–46) provides funding through January 15, 2014. e For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. f Periodically, the House Committee on the Budget revises the totals in H. Con. Res. 25, pursuant to various provisions of the resolution: Budget Authority Outlays Revenues

Original House Resolution: ...... 2,769,406 2,815,079 2,270,932 Revisions:. Pursuant to section 603 of H. Con. Res. 25 ...... ¥14,089 ¥4,100 40,040 Adjustment for Disaster Designated Spending ...... 6,079 230 0 Adjustment for Technical Correction to the Budget Control Act Spending Caps ...... 549 308 0

Revised House Resolution ...... 2,761,945 2,811,517 2,310,972 g Periodically, the House Committee on the Budget revises the 2014–2023 revenue totals in H. Con. Res. 25, pursuant to various provisions of the resolution.

PUBLICATION OF BUDGETARY BUDGET AGGREGATES–– ADJOURNMENT MATERIAL [On-budget amounts, in millions of dollars]–– Mr. GOHMERT. Mr. Speaker, I move REVISIONS TO THE ALLOCATIONS OF THE FISCAL Fiscal Year– that the House do now adjourn. YEAR 2014 BUDGET RESOLUTION RELATED TO The motion was agreed to; accord- 2014– 2014–2023 LEGISLATION REPORTED BY THE COMMITTEE ingly (at 9 o’clock and 42 minutes ON APPROPRIATIONS Current Aggregates:–– p.m.), under its previous order, the Budget Authority ...... 2,767,571 (1) HOUSE OF REPRESENTATIVES, House adjourned until tomorrow, Outlays ...... 2,811,798 (1) COMMITTEE ON THE BUDGET, Revenues ...... 2,310,972 31,089,081 Wednesday, October 30, 2013, at 10 a.m. Washington, DC, October 29, 2013. Correction for Disaster Designated for morning-hour debate. Spending:–– COMMUNICATION FROM THE CHAIRMAN OF THE Budget Authority ...... ¥5,626 (1) f ¥ 1 COMMITTEE ON THE BUDGET Outlays ...... 281 ( ) Revenues ...... 0 0 EXECUTIVE COMMUNICATIONS, Mr. RYAN of Wisconsin. Mr. Speaker, pur- Revised Aggregates:–– Budget Authority ...... 2,761,945 (1) ETC. suant to section 314(a) of the Congressional Outlays ...... 2,811,517 (1) Budget Act of 1974, I hereby submit for print- Revenues ...... 2,310,972 31,089,081 Under clause 2 of rule XIV, executive ing in the Congressional Record revisions to communications were taken from the 1 Not applicable because annual appropriations acts for fiscal years the aggregate budget levels set forth pursu- 2015–2023 will not be considered until future sessions of Congress. Speaker’s table and referred as follows: ant to H. Con. Res. 25, the Concurrent Reso- 3418. A letter from the Chief Counsel, De- lution on the Budget for Fiscal Year 2014, as f partment of Homeland Security, transmit- put into effect by H. Res. 243. The revision is ting the Department’s final rule — Suspen- a correction for disaster designated spending sion of Community Eligibility; Maryland: that was incorrectly included in a previous SENATE BILL REFERRED Accident, Town of, Garrett County; [Docket revision to the budget aggregates. A cor- ID: FEMA-2013-0002] [Internal Agency Docket responding table is attached. A bill of the Senate of the following No.: FEMA-8299] received October 7, 2013, This revision represents an adjustment for title was taken from the Speaker’s pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purposes of enforcing sections 302 and 311 of table and, under the rule, referred as mittee on Financial Services. the Budget Act. For the purposes of the follows: 3419. A letter from the Associate General Budget Act, these revised aggregates are to Counsel for Legislation and Regulations, De- be considered as aggregates included in the S. 893. An act to provide for an increase, ef- partment of Housing and Urban Develop- budget resolution, pursuant to section 101 of fective December 1, 2013, in the rates of comment, transmitting the Department’s final H. Con. Res. 25 and H. Rept. 113–17, as ad- pensation for veterans with service-con- rule — Federal Housing Administration justed. nected disabilities and the rates of depend- (FHA) Approval of Lending Institutions and Sincerely, ency and indemnity compensation for the Mortgages: Streamlined Reporting Require- PAUL D. RYAN OF WISCONSIN, survivors of certain disabled veterans, and ments for Small Supervised Lenders and Chairman, for other purposes; to the Committee on Vet- Mortgages [Docket No.: FR-5536-F-02] (RIN: House Budget Committee. erans’ Affairs. 2502-AJ00) received October 3, 2013, pursuant

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6900 CONGRESSIONAL RECORD — HOUSE October 29, 2013 to 5 U.S.C. 801(a)(1)(A); to the Committee on vember 14, 1979; to the Committee on Foreign PUBLIC BILLS AND RESOLUTIONS Financial Services. Affairs. 3420. A letter from the Regulatory Spe- Under clause 2 of rule XII, public 3429. A letter from the Acting Senior Pro- bills and resolutions of the following cialist, LRAD, Department of the Treasury, curement Executive, General Services Ad- transmitting the Department’s final rule — ministration, transmitting the Administra- titles were introduced and severally re- Regulatory Capital Rules: Regulatory Cap- tion’s final rule — Federal Acquisition Regu- ferred, as follows: ital, Implementation of Basel III, Capital lation; Allowability of Legal Costs for Whis- By Mr. SENSENBRENNER (for him- Adequacy, Transition Provisions, Prompt tleblower Proceedings [FAC 2005-70; FAR self, Mr. CONYERS, Ms. LOFGREN, Mr. Corrective Action, Standardized Approach Case 2013-017; Item II; Docket 2013-0017, Se- AMASH, Mr. NADLER, Mr. ROE of Ten- for Risk-weighted Assets, Market Discipline quence 1] (RIN: 9000-AM64) received Sep- nessee, Ms. JACKSON LEE, Mr. FARR, and Disclosure Requirements, Advanced Ap- tember 30, 2013, pursuant to 5 U.S.C. Mr. POLIS, Ms. CHU, Ms. BASS, Mr. proaches Risk-Based Capital Rule, and Mar- 801(a)(1)(A); to the Committee on Oversight RICHMOND, Mr. THOMPSON of Mis- ket Risk Capital Rule [Docket No.: R-1442; and Government Reform. sissippi, Ms. DELBENE, Mr. ROHR- Regulations H, Q, and Y] (RIN: 7100-AD87) re- 3430. A letter from the Acting Senior Pro- ABACHER, Mr. MICA, Mr. YOUNG of ceived October 16, 2013, pursuant to 5 U.S.C. curement Executive, General Services Ad- Alaska, Mr. PETRI, Mr. SANFORD, Mr. 801(a)(1)(A); to the Committee on Financial ministration, transmitting the Administra- WELCH, Mr. GRAYSON, Mr. DUNCAN of Services. tion’s final rule — Federal Acquisition Regu- South Carolina, Ms. ESHOO, Mr. 3421. A letter from the General Counsel, lation; Federal Acquisition Circular 2005-70; ROKITA, Mr. SMITH of Missouri, Mr. Pension Benefit Guaranty Corporation, Small Entity Compliance Guide [Docket: STEWART, Mr. AMODEI, Mr. YOHO, Mr. transmitting the Corporation’s final rule — FAR 2013-0078, Sequence 6] received Sep- JEFFRIES, Ms. NORTON, Mr. DEUTCH, Allocation of Assets in Single-Employer tember 30, 2013, pursuant to 5 U.S.C. Mr. SCOTT of Virginia, Mr. QUIGLEY, Plans; Benefits Payable in Terminated Sin- 801(a)(1)(A); to the Committee on Oversight Mr. HUNTER, Mr. GARAMENDI, Mr. gle-Employer Plans; Interest Assumptions and Government Reform. MULLIN, Mr. MASSIE, Ms. LEE of Cali- for Valuing and Paying Benefits received Oc- fornia, Ms. MOORE, Mr. DUFFY, Ms. 3431. A letter from the Auditor, Office of tober 3, 2013, pursuant to 5 U.S.C. GABBARD, Mr. COBLE, Mr. TERRY, Mr. the District of Columbia Auditor, transmit- 801(a)(1)(A); to the Committee on Education GRAVES of Georgia, Mr. POCAN, Mr. ting a report entitled, ‘‘Update on Non-Re- and the Workforce. O’ROURKE, Mr. LABRADOR, Mr. porting Public-Private Development Con- 3422. A letter from the Director of Govern- HUFFMAN, Mr. GOWDY, Mr. COFFMAN, ment Affairs, Corporation for Public Broad- struction Projects’’; to the Committee on Mr. MULVANEY, Mr. BURGESS, Mr. casting, transmitting the Corporation’s 2011 Oversight and Government Reform. ISSA, Mr. MORAN, Mr. GIBSON, Mr. annual report on the provision of services to 3432. A letter from the Auditor, Office of HONDA, Ms. SPEIER, Mr. JOHNSON of minority and diverse audiences by public the District of Columbia Auditor, transmit- Georgia, Mr. GOHMERT, Mr. YODER, broadcasting entities and public tele- ting a report entitled, ‘‘Audit of the Depart- Mr. GENE GREEN of Texas, Mr. communication entities; to the Committee ment of Small and Local Business Develop- HUELSKAMP, Mr. CAPUANO, Mr. on Energy and Commerce. ment Certified Business Enterprise Pro- BENTIVOLIO, Mr. JONES, Mr. THOMP- 3423. A letter from the Chairman and Co- gram’’; to the Committee on Oversight and SON of Pennsylvania, Mr. BUCHANAN, chairman, Congressional-Executive Commis- Government Reform. Mr. LONG, Mr. ELLISON, Mr. DAINES, sion on China, transmitting the Commis- 3433. A letter from the Auditor, Office of Mr. MICHAUD, Mr. LOWENTHAL, Mr. sion’s annual report for 2013; to the Com- the District of Columbia Auditor, transmit- PEARCE, Mr. POE of Texas, Mr. BERA mittee on Foreign Affairs. ting a report entitled, ‘‘Audit of the Depart- of California, Mr. GRIFFIN of Arkan- 3424. A letter from the Assistant Secretary ment of General Services Fiscal Year 2012 sas, Mr. BLUMENAUER, Mr. For Export Administration, Department of Procurement of Snow and Ice Removal and SCHWEIKERT, and Mr. FITZPATRICK): Commerce, transmitting the Department’s Pretreatment Services’’; to the Committee H.R. 3361. A bill to reform the authorities final rule — Revisions to the Export Admin- on Oversight and Government Reform. of the Federal Government to require the istration Regulations (EAR) To Make the 3434. A letter from the Acting Deputy Di- production of certain business records, con- Commerce Control List (CCL) Clearer [Dock- rector, Office of Sustainable Fisheries, duct electronic surveillance, use pen reg- et No.: 110818512-3478-02] (RIN: 0694-AF37) re- NMFS, National Oceanic and Atmospheric isters and trap and trace devices, and use other forms of information gathering for for- ceived October 7, 2013, pursuant to 5 U.S.C. Administration, transmitting the Adminis- eign intelligence, counterterrorism, and 801(a)(1)(A); to the Committee on Foreign Af- tration’s final rule — Fisheries of the North- criminal purposes, and for other purposes; to fairs. eastern United States; Scup Fishery; Adjust- the Committee on the Judiciary, and in addi- 3425. A letter from the Assistant Legal Ad- ment to the 2013 Winter II Quota [Docket viser for Treaty Affairs, Department of tion to the Committees on Intelligence (Per- No.: 121009528-2729-02] (RIN: 0648-XC749) re- manent Select), and Financial Services, for a State, transmitting report prepared by the ceived September 12, 2013, pursuant to 5 Department of State concerning inter- period to be subsequently determined by the U.S.C. 801(a)(1)(A); to the Committee on Nat- Speaker, in each case for consideration of national agreements other than treaties en- ural Resources. tered into by the United States to be trans- such provisions as fall within the jurisdic- 3435. A letter from the Attorney Advisor, mitted to the Congress within the sixty-day tion of the committee concerned. Department of Homeland Security, transmit- period specified in the Case-Zablocki Act; to By Mr. TERRY (for himself and Mr. ting the Department’s final rule — Safety the Committee on Foreign Affairs. CASSIDY): 3426. A letter from the Acting Assistant Zone; 2013 Annual Islamorada Swim for Alli- H.R. 3362. A bill to amend the Patient Pro- Secretary, Legislative Affairs, Department gator Lighthouse, Atlantic Ocean; tection and Affordable Care Act to require of State, transmitting the Department’s Islamorada, FL [Docket Number: USCG-2013- transparency in the operation of American final rule — Amendment to the International 0663] (RIN: 1625-AA00) received September 25, Health Benefit Exchanges; to the Committee on Energy and Commerce, and in addition to Traffic in Arms Regulations: Initial Imple- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Ways and Means, for a pe- mentation of Export Control Reform; Correc- Committee on Transportation and Infra- riod to be subsequently determined by the tion (RIN: 1400-AD37) received October 2, structure. Speaker, in each case for consideration of 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3436. A letter from the Chairman, Surface Transportation Board, Department of Trans- such provisions as fall within the jurisdic- Committee on Foreign Affairs. tion of the committee concerned. 3427. A letter from the Secretary, Depart- portation, transmitting the Department’s final rule — Regulations Governing Fees for By Mr. POMPEO: ment of the Treasury, transmitting As re- H.R. 3363. A bill to ensure that the Federal quired by section 401(c) of the National Services Performed in Connection With Li- censing and Related Services — 2013 Update Aviation Administration advances the safety Emergencies Act, 50 U.S.C. 1641(c), and sec- of small airplanes and the continued devel- [Docket No.: EP 542 (Sub-No. 21)] received tion 204(c) of the International Emergency opment of the general aviation industry, and October 7, 2013, pursuant to 5 U.S.C. Economic Powers Act, 50 U.S.C. 1703(c), a for other purposes; to the Committee on 801(a)(1)(A); to the Committee on Transpor- six-month periodic report on the national Transportation and Infrastructure. tation and Infrastructure. emergency with respect to Somalia that was By Mr. STIVERS (for himself and Mr. declared in Executive Order 13536 of April 12, 3437. A letter from the Director of Regula- AL GREEN of Texas): 2010; to the Committee on Foreign Affairs. tion Policy and Management, Office of the H.R. 3364. A bill to authorize and request 3428. A letter from the Secretary, Depart- General Counsel, Department of Veterans Af- the President to issue a posthumous commis- ment of the Treasury, transmitting as re- fairs, transmitting the Department’s final sion in the regular Army to Milton Holland, quired by section 401(c) of the National rule — Eligibility of Disabled Veterans and who, while sergeant major of the 5th Regi- Emergencies Act, 50 U.S.C. 1641(c), and sec- Members of the Armed Forces With Severe ment, United States Colored Infantry, was tion 204(c) of the International Emergency Burn Injuries for Financial Assistance in the awarded the Medal of Honor for gallantry Economic Powers Act, 50 U.S.C. 1703(c) pur- Purchase of an Automobile or Other Convey- during the Civil War; to the Committee on suant to Executive Order 13313 of July 31, ance and Adaptive Equipment (RIN: 2900- Armed Services. 2003, a six-month periodic report on the na- AO31) received September 19, 2013, pursuant By Mr. WALBERG (for himself, Mr. tional emergency with respect to Iran that to 5 U.S.C. 801(a)(1)(A); to the Committee on GRAVES of Missouri, Mr. TIBERI, and was declared in Executive Order 12170 of No- Veterans’ Affairs. Mr. MESSER):

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H.R. 3365. A bill to exempt certain long- MAFFEI, Mr. SIRES, Mr. CONNOLLY, By Mr. YOUNG of Alaska: term care hospitals operating in a single- Mr. POLIS, Mr. PALLONE, Mr. KEN- H.R. 3379. A bill to amend title 14, United hospital MSA from the Medicare threshold NEDY, Ms. LORETTA SANCHEZ of Cali- States Code, to authorize the Commandant payment adjustment policy for long-term fornia, Mr. SCHRADER, Mr. BISHOP of of the Coast Guard to lease tidelands and care hospitals, and for other purposes; to the New York, Ms. SLAUGHTER, Mr. submerged lands under the control of the Committee on Ways and Means. GUTIE´ RREZ, Ms. DEGETTE, Mr. DANNY Coast Guard for periods longer than 5 years; By Mr. WALDEN: K. DAVIS of Illinois, Mr. AL GREEN of to the Committee on Transportation and In- H.R. 3366. A bill to provide for the release Texas, and Mr. HOLT): frastructure. of the property interests retained by the H.R. 3370. A bill to delay the implementa- By Mr. BECERRA: United States in certain land conveyed in tion of certain provisions of the Biggert- H. Res. 393. A resolution electing a Member 1954 by the United States, acting through the Waters Flood Insurance Reform Act of 2012, to a certain standing committee of the Director of the Bureau of Land Management, and for other purposes; to the Committee on House of Representatives; considered and to the State of Oregon for the establishment Financial Services, and in addition to the agreed to. of the Hermiston Agricultural Research and Committee on Rules, for a period to be sub- By Ms. BASS (for herself, Mr. ROYCE, Extension Center of Oregon State University sequently determined by the Speaker, in Mr. ENGEL, and Mr. SMITH of New in Hermiston, Oregon; to the Committee on each case for consideration of such provi- Jersey): Natural Resources. sions as fall within the jurisdiction of the H. Res. 394. A resolution condemning the By Mr. BOUSTANY (for himself and committee concerned. September 2013 terrorist attack at the Mr. BERA of California): By Mr. HINOJOSA (for himself and Mr. Westgate Mall in Nairobi, Kenya, and re- H.R. 3367. A bill to amend section 9010 of CASTRO of Texas): affirming United States support for the peo- the Patient Protection and Affordable Care H.R. 3371. A bill to exempt certain edu- ple and Government of Kenya, and for other Act to delay the application of the health in- cation loans made by States from certain purposes; to the Committee on Foreign Af- surance provider annual fee until 2016 and to preferred lender requirements under the fairs. provide a process to return to consumers any Higher Education Act of 1965; to the Com- amounts attributable to the expected appli- f mittee on Education and the Workforce. cation of the annual fee to 2014 or 2015; to the By Mr. HONDA: CONSTITUTIONAL AUTHORITY Committee on Ways and Means, and in addi- STATEMENT tion to the Committee on Energy and Com- H.R. 3372. A bill to provide a process for en- merce, for a period to be subsequently deter- suring the United States does not default on Pursuant to clause 7 of rule XII of mined by the Speaker, in each case for con- its obligations; to the Committee on Ways the Rules of the House of Representa- sideration of such provisions as fall within and Means, and in addition to the Committee tives, the following statements are sub- on Rules, for a period to be subsequently de- the jurisdiction of the committee concerned. mitted regarding the specific powers By Mr. BRALEY of Iowa: termined by the Speaker, in each case for consideration of such provisions as fall with- granted to Congress in the Constitu- H.R. 3368. A bill to require employers to tion to enact the accompanying bill or provide veterans with time off on Veterans in the jurisdiction of the committee con- Day; to the Committee on Education and the cerned. joint resolution. Workforce. By Mr. JOHNSON of Ohio: By Mr. SENSENBRENNER: By Mr. COSTA (for himself, Mr. H.R. 3373. A bill to prohibit incurring fur- H.R. 3361. BENTIVOLIO, Ms. BORDALLO, Ms. CHU, ther obligations with respect to the Congress has the power to enact this legis- Mr. CICILLINE, Mr. CONNOLLY, Mr. healthcare.gov website without offsetting lation pursuant to the following: COOK, Mr. COURTNEY, Mr. DUFFY, Mr. savings; to the Committee on Energy and Article I, section 8, clause 3 and Article I, FALEOMAVAEGA, Mr. HANNA, Mr. Commerce. section 8, clause 18 HONDA, Mr. LOWENTHAL, Mr. MCNER- By Mr. KILMER (for himself, Mr. COT- By Mr. TERRY: NEY, Ms. MENG, Ms. MOORE, Mrs. TON, and Ms. TSONGAS): H.R. 3362. NEGRETE MCLEOD, Ms. NORTON, Mr. H.R. 3374. A bill to provide for the use of Congress has the power to enact this legis- O’ROURKE, Mr. PETERSON, Mr. savings promotion raffle products by finan- lation pursuant to the following: Article I, Section 8, Clause 3 of the United PIERLUISI, Mr. POE of Texas, Mr. cial institutions to encourage savings, and States Constitution. (Commerce Clause) RIBBLE, Mr. RICHMOND, Mr. RUIZ, Mr. for other purposes; to the Committee on Fi- By Mr. POMPEO: SCHIFF, Ms. TITUS, Mr. WELCH, and nancial Services, and in addition to the Com- H.R. 3363. Mr. KIND): mittee on the Judiciary, for a period to be H.R. 3369. A bill to amend title 38, United subsequently determined by the Speaker, in Congress has the power to enact this legis- States Code, to authorize the Secretary of each case for consideration of such provi- lation pursuant to the following: Veterans Affairs to inter in national ceme- sions as fall within the jurisdiction of the Article I, Section 8, Clause 3 teries individuals who supported the United committee concerned. By Mr. STIVERS: H.R. 3364. States in Laos during the Vietnam War era; By Mr. LAMBORN (for himself, Ms. Congress has the power to enact this legis- to the Committee on Veterans’ Affairs. DEGETTE, Mr. POLIS, Mr. TIPTON, Mr. lation pursuant to the following: By Mr. GRIMM (for himself, Ms. GARDNER, Mr. COFFMAN, and Mr. Article I, Section 8, Clause 12 of the United WATERS, Mr. RICHMOND, Mr. OLSON, PERLMUTTER): States Constitution Mr. PALAZZO, Mr. CASSIDY, Ms. MAT- H.R. 3375. A bill to designate the commu- By Mr. WALBERG: nity-based outpatient clinic of the Depart- SUI, Mr. CRAMER, Mr. KEATING, Ms. H.R. 3365. ment of Veterans Affairs to be constructed ROS-LEHTINEN, Ms. BROWN of Florida, Congress has the power to enact this legis- at 3141 Centennial Boulevard, Colorado Mr. HINOJOSA, Mr. MEEKS, Mr. MCIN- lation pursuant to the following: TYRE, Mr. NADLER, Mr. NUGENT, Mr. Springs, Colorado, as the ‘‘PFC Floyd K. Article I, Section 8, Clause 1 SCOTT of Virginia, Mr. LANGEVIN, Mr. Lindstrom Department of Veterans Affairs The Congress shall have power to lay and CROWLEY, Ms. MOORE, Mr. THOMPSON Clinic’’; to the Committee on Veterans’ Af- collect taxes, duties, imposts and excises, to of Pennsylvania, Mr. JONES, Mr. fairs. pay the debts and provide for the common WELCH, Mr. ENYART, Mr. LOBIONDO, By Mr. LONG (for himself, Mr. MEE- defense and general welfare of the United Mr. LYNCH, Mr. CARNEY, Mr. SCALISE, HAN, Mr. CALVERT, and Mr. BACHUS): States; but all duties, imposts and excises Mr. CULBERSON, Ms. CASTOR of Flor- H.R. 3376. A bill to provide a 12-month ex- shall be uniform throughout the United ida, Mr. GARCIA, Ms. FRANKEL of emption from the health insurance mandate States; ´ Florida, Ms. VELAZQUEZ, Ms. SCHA- for individuals whose employer-sponsored By Mr. WALDEN: KOWSKY, Mr. KING of New York, Mr. health plan coverage or individual health in- H.R. 3366. PASCRELL, Mrs. CAROLYN B. MALONEY surance coverage is terminated for a plan Congress has the power to enact this legis- of New York, Ms. WILSON of Florida, year beginning during 2014, and for other lation pursuant to the following: Mr. VELA, Mr. STOCKMAN, Mr. BOU- purposes; to the Committee on Ways and Article IV, Section 3, Clause 2 (relating to STANY, Mr. FITZPATRICK, Mr. RODNEY Means. the power of Congress to dispose of and make DAVIS of Illinois, Mr. PERLMUTTER, By Mr. THORNBERRY: all needful rules and regulations respecting Mr. WHITFIELD, Mr. MCNERNEY, Mr. H.R. 3377. A bill to clarify the definition of the territory or other property belonging to MURPHY of Florida, Mr. ELLISON, Mr. navigable waters, and for other purposes; to the United States). DIAZ-BALART, Mrs. ELLMERS, Mr. the Committee on Transportation and Infra- By Mr. BOUSTANY: GENE GREEN of Texas, Mr. BUCHANAN, structure. H.R. 3367. Mr. ANDREWS, Mr. CLEAVER, Mr. By Mr. WELCH (for himself and Mr. Congress has the power to enact this legis- DEUTCH, Mr. GARAMENDI, Ms. JACK- GIBBS): lation pursuant to the following: SON LEE, Mr. JEFFRIES, Mr. CLAY, H.R. 3378. A bill to amend the Internal Rev- Article I Mrs. MCCARTHY of New York, Ms. enue Code of 1986 to extend the nonbusiness By Mr. BRALEY of Iowa: PINGREE of Maine, Ms. TSONGAS, Ms. energy property credit to include the insula- H.R. 3368. WASSERMAN SCHULTZ, Mr. DAVID tion component of insulated siding; to the Congress has the power to enact this legis- SCOTT of Georgia, Mr. HARPER, Mr. Committee on Ways and Means. lation pursuant to the following:

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This bill is enacted pursuant to the power stitution in the Government of the United H.R. 1992: Mr. YOHO. granted to Congress under Article I, Section States, or in any Department or Officer H.R. 1998: Ms. MENG. 8, Clause 18 of the United States Constitu- thereof. H.R. 2001: Ms. ESTY, Ms. WILSON of Florida, tion. By Mr. YOUNG of Alaska: Mr. JOHNSON of Ohio, Mr. CARTWRIGHT, Ms. By Mr. COSTA: H.R. 3379. SINEMA, Mr. PAYNE, Mr. O’ROURKE, and Mr. H.R. 3369. Congress has the power to enact this legis- CALVERT. Congress has the power to enact this legislation pursuant to the following: H.R. 2066: Mr. WITTMAN. lation pursuant to the following: Article IV, Section 3, Clause 2 and Article H.R. 2144: Ms. BONAMICI. Clause 18 of Section 8 of Article I of the 1, Section 8, Clause 1. H.R. 2250: Mr. CRAMER. Constitution H.R. 2424: Mr. CICILLINE. By Mr. GRIMM: f H.R. 2429: Mr. HECK of Nevada and Mr. H.R. 3370. ADDITIONAL SPONSORS JOYCE. Congress has the power to enact this legis- H.R. 2485: Ms. KELLY of Illinois. lation pursuant to the following: Under clause 7 of rule XII, sponsors H.R. 2504: Mrs. MCCARTHY of New York, Mr. Article I, section 8, clause 1; and Article I, were added to public bills and resolu- PAYNE, Mr. COHEN, Mr. CONNOLLY, and Mr. section 8, clause 3 tions as follows: MCINTYRE. By Mr. HINOJOSA: H.R. 2590: Mr. GARCIA. H.R. 15: Ms. ROS-LEHTINEN and Mr. TIER- H.R. 3371. H.R. 2663: Mr. DUFFY. NEY. Congress has the power to enact this legis- H.R. 2726: Mr. VALADAO. H.R. 241: Mr. HULTGREN. lation pursuant to the following: H.R. 2734: Ms. HANABUSA, Mr. MCDERMOTT, H.R. 351: Mr. AMODEI, Mr. MARINO, Mr. This bill is enacted pursuant to the power and Mr. MORAN. KELLY of Pennsylvania, Mr. FARENTHOLD, granted to Congress under Article I, Section H.R. 2744: Mr. DOGGETT. Mr. RUNYAN, Mr. SAM JOHNSON of Texas, Mr. 8, Clauses 1 and 3 of the United States Con- H.R. 2767: Mr. BURGESS, Mr. AMASH, Mr. GRAVES of Missouri, Mr. SCHWEIKERT, and stitution. WEBER of Texas, Mr. GOWDY, Mr. KING of Mr. COBLE. By Mr. HONDA: Iowa, and Mr. STEWART. H.R. 366: Mr. ROONEY, Mrs. MCCARTHY of H.R. 3372. H.R. 2780: Ms. DELBENE, Ms. PINGREE of New York, and Mr. YODER. Congress has the power to enact this legis- Maine, Mr. SIRES, Mr. BLUMENAUER, Mr. H.R. 411: Mr. COHEN. lation pursuant to the following: POCAN, and Ms. BROWNLEY of California. H.R. 455: Ms. BROWN of Florida, Mr. BISHOP Section 8 of article I of the Constitution. H.R. 2810: Mr. BERA of California. of New York, and Mr. SMITH of Washington. By Mr. JOHNSON of Ohio: H.R. 2866: Mr. SCALISE, Mr. HOLDING, Mr. H.R. 3373. H.R. 495: Mr. KELLY of Pennsylvania. GENE GREEN of Texas, Mr. BOUSTANY, Mr. Congress has the power to enact this legis- H.R. 543: Mr. COHEN. ROGERS of Alabama, Mr. PETRI, Mr. GUTHRIE, lation pursuant to the following: H.R. 556: Mr. SESSIONS. Mr. CRAMER, Mr. POMPEO, Mr. KINGSTON, Mr. Article I, Section 8, Clause 1 of the United H.R. 562: Mr. MCGOVERN. DUNCAN of South Carolina, Ms. ROS- States Constitution. H.R. 611: Mr. COHEN. LEHTINEN, Mrs. CAPITO, Mr. POE of Texas, By Mr. KILMER: H.R. 721: Mr. FOSTER and Mr. QUIGLEY. Mr. OLSON, Mr. DUNCAN of Tennessee, Mr. H.R. 3374. H.R. 724: Mr. YODER. GRIFFIN of Arkansas, Mr. GINGREY of Geor- Congress has the power to enact this legis- H.R. 736: Mr. DEFAZIO. gia, Mr. GOODLATTE, Mr. DAINES, Mrs. LUM- lation pursuant to the following: H.R. 778: Mr. CRENSHAW. MIS, Mr. PAULSEN, Mr. COFFMAN, Mrs. Article I, Section 8, Clause 1: ‘‘The Con- H.R. 961: Mr. KILDEE. WALORSKI, Mr. GARDNER, Mr. BENISHEK, Mr. gress shall have Power to lay and collect H.R. 1020: Mr. RANGEL and Mr. RUSH. RIGELL, Mr. RODNEY DAVIS of Illinois, Mr. Taxes, Duties, Imposts and Excises, to pay H.R. 1030: Mr. SABLAN. REED, Mr. JOYCE, Mr. VALADAO, and Mr. the Debts and provide for the common De- H.R. 1108: Mr. NOLAN. FITZPATRICK. fense and general Welfare of the United H.R. 1129: Ms. KUSTER. H.R. 2894: Mr. GIBSON. States; but all Duties, Imposts and Excises H.R. 1146: Mr. JOYCE. H.R. 2909: Mr. KEATING, Mr. DINGELL, Mr. shall be uniform throughout the United H.R. 1186: Mr. MARCHANT. LOEBSACK, Mr. TONKO, Mr. ELLISON, Mr. States.’’ H.R. 1201: Mr. BRADY of Pennsylvania and SCHIFF, Mr. ENGEL, Mr. MCGOVERN, Mr. Article I, Section 8, Clause 3: ‘‘To regulate Ms. SHEA-PORTER. GARAMENDI, Ms. PINGREE of Maine, Mr. Commerce with foreign Nations, and among H.R. 1339: Mr. GUTHRIE and Mr. GIBSON. OWENS, and Mr. VELA. the several States, and with the Indian H.R. 1354: Mr. FOSTER and Mr. COTTON. H.R. 2932: Mrs. KIRKPATRICK. Tribes.’’ H.R. 1507: Mr. HONDA. H.R. 2997: Mrs. BROOKS of Indiana. Article I, Section 8, Clause 18: ‘‘To make H.R. 1508: Mr. VAN HOLLEN, Mr. BUCHANAN, H.R. 2998: Mr. HECK of Washington and Mr. all Laws which shall be necessary and proper Mr. JOHNSON of Georgia, Ms. BROWN of Flor- DEFAZIO. for carrying into Execution the foregoing ida, Mr. HIGGINS, Mr. SEAN PATRICK MALONEY H.R. 3077: Mr. TERRY. Powers, and all other Powers vested by this of New York, Mr. POLIS, Mr. DUNCAN of Ten- H.R. 3111: Mr. BISHOP of New York and Mr. Constitution in the Government of the nessee, Ms. SEWELL of Alabama, Ms. CLARKE, LATTA. United States, or in any Department or Offi- and Mr. FATTAH. H.R. 3121: Mr. MCHENRY. cer thereof.’’ H.R. 1518: Mrs. ELLMERS, Mr. DIAZ-BALART, H.R. 3154: Mr. GOODLATTE. By Mr. LAMBORN: Mr. COLLINS of New York, Mr. YODER, Mr. H.R. 3172: Mr. POLLS, Ms. LEE of California, H.R. 3375. BARLETTA, and Mr. MAFFEI. and Ms. CLARKE. Congress has the power to enact this legis- H.R. 1690: Ms. KELLY of Illinois. H.R. 3186: Mr. DAVID SCOTT of Georgia and lation pursuant to the following: H.R. 1692: Mrs. MCCARTHY of New York and Mr. TIBERI. Article I, Section 8 of the U.S. Constitu- Mr. KEATING. H.R. 3196: Mr. DINGELL. tion. H.R. 1694: Mr. HINOJOSA. H.R. 3279: Mr. NEUGEBAUER and Mr. KING of By Mr. LONG: H.R. 1708: Mr. STIVERS. New York. H.R. 3376. H.R. 1726: Mr. YOUNG of Alaska and Mr. H.R. 3286: Mr. PASTOR of Arizona. Congress has the power to enact this legis- VAN HOLLEN. H.R. 3292: Mr. PRICE of Georgia, Mr. ROE of lation pursuant to the following: H.R. 1767: Mrs. BEATTY, Mr. LANGEVIN, Mr. Tennessee, Mr. MILLER of Florida, Mr. FLEM- The authority to enact this bill is derived GRIJALVA, Ms. NORTON, Ms. SPEIER, Mr. ING, Mr. WALBERG, Mr. PITTS, Mr. MESSER, from, but may not be limited to, Clause 1 of GUTIE´ RREZ, Mrs. CHRISTENSEN, Ms. WILSON of Mr. CRAMER, Mr. GOSAR, Mr. BROOKS of Ala- Section 8 of Article I of the United States Florida, Mr. HASTINGS of Florida, Mr. RAN- bama, Mr. BENTIVOLIO, Mr. NEUGEBAUER, and Constitution. GEL, and Mr. CA´ RDENAS. Mrs. BACHMANN. By Mr. THORNBERRY: H.R. 1770: Mr. GALLEGO. H.R. 3309: Mr. CHABOT, Ms. MCCOLLUM, and H.R. 3377. H.R. 1771: Mr. YODER. Mr. HUFFMAN. Congress has the power to enact this legis- H.R. 1801: Mr. SEAN PATRICK MALONEY of H.R. 3311: Mr. CHAFFETZ, Mr. DAINES, Mr. lation pursuant to the following: New York. GOSAR, Mr. MCCLINTOCK, Mr. COFFMAN, and This bill is enacted pursuant to the power H.R. 1814: Ms. DELBENE, Mr. COLLINS of Mr. BISHOP of Utah. granted to Congress under Article I, Section New York, Mr. PETERS of Michigan, and Mr. H.R. 3319: Mr. CULBERSON and Mr. PRICE of 8, Clause 3 of the United States Constitution. TIPTON. Georgia. By Mr. WELCH: H.R. 1827: Mr. HECK of Washington. H.R. 3333: Mr. VARGAS, Ms. CHU, and Mr. H.R. 3378. H.R. 1832: Mr. ISRAEL, Ms. MOORE, Mr. SCHIFF. Congress has the power to enact this legis- HUFFMAN, Mr. CARTER, Ms. WASSERMAN H.R. 3336: Mr. POLIS. lation pursuant to the following: SCHULTZ, Mrs. KIRKPATRICK, and Mr. BRADY H.R. 3349: Mr. ISSA. Article 1, Section 8, Clause 18: The Con- of Pennsylvania. H.R. 3350: Mr. PRICE of Georgia, Mrs. LUM- gress shall have Power To . . . make all H.R. 1920: Mr. RUSH. MIS, Mr. HARRIS, Mr. KINGSTON, Mr. ROKITA, Laws which shall be necessary and proper for H.R. 1921: Ms. EDWARDS and Mr. HONDA. Mrs. WALORSKI, Mr. FITZPATRICK, Mr. carrying into Execution the foregoing Pow- H.R. 1975: Mr. ISRAEL, Mr. GRAYSON, Mr. LATHAM, Mr. HULTGREN, Mr. POSEY, Mr. ers, and all other Powers vested by this Con- HONDA, and Mr. LIPINSKI. BENISHEK, Mr. BUCSHON, Mr. NUNNELEE, Mr.

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BUCHANAN, Mr. ROE of Tennessee, Mrs. CAP- H.R. 3359.: Mr. WENSTRUP, Mr. BENTIVOLIO, H. Res. 131: Ms. KELLY of Illinois. ITO, Mr. FLORES, Mr. MEEHAN, Mr. YODER, Mr. WALBERG, Mrs. BACHMANN, Mr. SALMON, H. Res. 302: Ms. BASS. EBER Mr. WEBSTER of Florida, Mr. HENSARLING, and Mr. W of Texas. H. Res. 327: Mr. WOLF, Mr. COLLINS of New H. Con. Res. 60: Ms. ESTY. Mr. HUIZENGA of Michigan, Mr. MCHENRY, York, Mr. HUELSKAMP, and Mr. BROUN of H. Con. Res. 61: Mr. PETERS of Michigan. Mr. WALBERG, Mr. WOMACK, and Mrs. MILLER Georgia. of Michigan. H. Res. 30: Mr. KILDEE. H. Res. 75: Mr. GRIFFIN of Arkansas. H. Res. 359: Mr. TIPTON and Mr. COLLINS of H.R. 3358: Mr. CHABOT. H. Res. 110: Mr. YOUNG of Indiana. New York.

VerDate Mar 15 2010 04:43 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\H29OC3.REC H29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, TUESDAY, OCTOBER 29, 2013 No. 152 Senate The Senate met at 10 a.m. and was Senator from the Commonwealth of Massa- The ACTING PRESIDENT pro tem- called to order by the Honorable ED- chusetts, to perform the duties of the Chair. pore. Objection having been heard, the WARD J. MARKEY, a Senator from the PATRICK J. LEAHY, bill will be placed upon the calendar. President pro tempore. Commonwealth of Massachusetts. f Mr. MARKEY thereupon assumed the PRAYER Chair as Acting President pro tempore. NOMINATIONS The Chaplain, Dr. Barry C. Black, of- f Mr. REID. Mr. President, today the fered the following prayer: Senate will proceed to consider the mo- RECOGNITION OF THE MAJORITY tion to proceed to a resolution of dis- Let us pray. LEADER Eternal God, how great You are. You approval filed by the Republican leader, which would cause the country to are clothed with majesty and glory, The ACTING PRESIDENT pro tem- default on its debts for the first time in riding on the wings of the wind. From pore. The majority leader is recog- its history. The Democrats will oppose the rising of the Sun to its setting, we nized. this motion and vote to preserve the lift our hearts in gratitude for You f full faith and credit of our great coun- have done marvelously. SCHEDULE try. I remind my Republican friends Lord, continue to sustain our Sen- that every Democrat and 27 Repub- ators with Your constant love and Mr. REID. Mr. President, following licans in the Senate, as well as 285 faithfulness, answering them when leader remarks the Republican leader Members of the House of Representa- they call to You in prayer. Help them or his designee will move to proceed to S.J. Res. 26, which is a joint resolution tives, already voted to do the right to make every effort to do Your will on thing and pay the Nation’s debts. Earth, giving You their doubts and of disapproval regarding the debt ceiling. The time until 12:30 will be equally I look forward to quickly dispensing fears as they trust You to order their with this Republican resolution, which steps. May they realize that weakness divided and controlled. The Senate will recess from 12:30 to would risk America’s economic secu- provides an opportunity for Your rity, as well as a global depression. strength to be revealed. 2:15 p.m. for our weekly business meetings of each caucus. This vote will take place this after- We pray in Your strong Name. Amen. noon, after our weekly business meet- At 2:15 Senators should expect two ings. f rollcall votes, first on the motion to I want to spend a little bit of time PLEDGE OF ALLEGIANCE proceed to S.J. Res. 26 and, second, a talking about nominations. Directly cloture vote on the nomination of The Presiding Officer led the Pledge after the vote on the default legisla- Richard F. Griffin, Jr., to be general of Allegiance, as follows: tion, we will have the vote to break a counsel of the National Labor Rela- filibuster of President Obama’s nomi- I pledge allegiance to the Flag of the tions Board for a term for 4 years. United States of America, and to the Repub- nation of Richard Griffin to serve as lic for which it stands, one nation under God, f general counsel of the National Labor indivisible, with liberty and justice for all. MEASURE PLACED ON THE Relations Board. There have already been 67 of Presi- f CALENDAR—S. 1592 dent Obama’s nominations filibustered. APPOINTMENT OF ACTING Mr. REID. Mr. President, I am told S. Let’s just vote on these nominations. I PRESIDENT PRO TEMPORE 1592 is at the desk and due for a second cannot imagine why it would be a good reading. The PRESIDING OFFICER. The thing for this country, or the Senate, The PRESIDING OFFICER. The clerk will please read a communication to not allow us to go forward on the clerk will read the bill by title for the to the Senate from the President pro nomination. If you don’t like him, vote second time. tempore (Mr. LEAHY). against him, but don’t stop the debate The legislative clerk read as follows: The legislative clerk read the fol- from going forward. lowing letter: A bill (S. 1592) to provide for a delay of the If cloture is invoked, there will be up individual mandate under the Patient Pro- to 8 hours of debate under the new U.S. SENATE, tection and Affordable Care Act until the rules we have established in the Sen- PRESIDENT PRO TEMPORE, American Health Benefit Exchanges are ate. We will have 4 hours and the mi- Washington, DC, October 29, 2013. functioning properly. To the Senate: nority will have 4 hours. So I think Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I object to that would be appropriate. of the Standing Rules of the Senate, I hereby any further proceedings with respect to Few Americans are aware of the job appoint the Honorable EDWARD J. MARKEY, a this legislation at the present time. that the National Labor Relations

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

S7583

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7584 CONGRESSIONAL RECORD — SENATE October 29, 2013 Board does. It looks out for the rights O’Rielly to fill two vacant seats on the ious threats abroad, it is crucial the of millions of U.S. workers every day— FCC; so what is stopping us from filling Senate confirm these talented and Democratic workers, Republican work- these vacancies with a bipartisan pair dedicated individuals to serve in the ers, independents, tea party workers— of nominees? Listen to this. The Sen- executive branch of government. Let us regardless of whether they are in a ator from Texas has stalled the nomi- vote on these nominations. These nor- union. nation because he opposes legislation mally easily confirmable positions Mr. Griffin has extensive experience proposed by Democrats in Congress should not have a filibuster. Not long in employment law. He is highly re- that would require shadowy groups ago I can remember Republicans who, spected by his fellow labor lawyers on that spend millions on political adver- in this body, were concerned because both the union and the business sides. tising to disclose their donors. they could not get the votes they want- As general counsel for the NLRB, he This next one is really a doozy: the ed on their nominees for President will safeguard fair compensation and U.S. Secretary of the Treasury. It is an Bush. They spread on this record, working conditions for all American extremely important job. This man is clearly, that it is a right of the Presi- workers. qualified. He has run the Office of Man- dent to choose the players on his team. This week the Senate will also vote agement and Budget. He has been the We should return to that custom, re- on a number of other crucial executive President’s Chief of Staff. He is now move partisanship from the confirma- nominations, some of which have been Secretary of the Treasury. What a fine, tion process and ensure highly quali- stalled for more than a year. The Sen- fine man—Jack Lew. Jack Lew, even fied nominees receive the fair and ate will consider the nomination of though he is the Secretary of the speedy confirmation they deserve. Treasury of this great country, cannot Katherine Archuleta to serve as Direc- f tor of the Office of Personnel Manage- go to meetings that other finance min- ment. That is an extremely important isters from around the world can go to. RECOGNITION OF THE MINORITY position. She started her career in pub- Why? Because Republicans are holding LEADER lic service as an elementary school up his nominations to all these impor- The ACTING PRESIDENT pro tem- teacher. She will be the agency’s first tant bank boards, finance boards, the pore. The minority leader is recog- Hispanic director. Her desire to serve is International Monetary Fund. He is nized. earnest. This is what she said: supposed to be there. He cannot go. He is a talented and dedicated public f You do it [as a public service] because you OBAMACARE have a deep passion for public good, for civic servant. He has already been approved engagement. by the Senate, confirmed by the Sen- Mr. MCCONNELL. Mr. President, I ate. Every Treasury Secretary serves She has worked in both the Transpor- think at this point Senators from both as the U.S. representative on the inter- tation and Energy Departments under parties can agree that healthcare.gov national bank boards and offers input President Clinton. She served as chief is a rolling disaster. Every day seems on America’s position on global finan- of staff to Labor Secretary Hilda Solis to bring more near-comic calamities. cial matters. That is his job. He cannot for 3 years. She is eminently qualified. We hear about visitors being told do that because of what I have just Yet Ms. Archuleta is the first OPM Di- things like their wife is really their said. It is an embarrassment that we rector to be filibustered in the entire daughter or that they have multiple have not acted more swiftly to confirm history of this agency. spouses or that they are unable to him in this role. To think that we have This week the Senate will also con- apply ‘‘due to current incarceration.’’ to file cloture on this. Yet the junior sider the stalled nomination of Alan Unsurprisingly, just 12 percent of Senator from Kentucky has subjected Estevez to be Principal Deputy Under Americans think the rollout has gone this nomination to partisan wran- Secretary of Defense. This man’s nomi- well. That is less than the 14 percent of gling—and others have joined with nation has been stalled for 402 days. He Americans who believe in Bigfoot. him, I assume—as he threatens to do will be responsible for a $170 billion lo- Those who have succeeded in actually with the nomination of Janet Yellen to gistics budget—$170 billion. That is a enrolling in a plan are vastly out- serve as the Chairman of the Federal year. This budget supports our men and numbered by those who have lost their Reserve. plan. The real tragedy is that many women in uniform as well as millions The Presiding Officer and others who who have succeeded are finding out the of machines that take them where they serve in this body and have served in product is actually worse than the Web want to go. He specialized in military the House of Representatives have site. logistics for more than 10 years. It is served with a fine public servant by the The only thing the Web site seems to unfortunate that Republicans will hold name of MEL WATT. I got to know MEL be good at right now is creating punch- up confirmation of such a crucial De- WATT when he was chairman of the lines for late-night comedians. It is al- fense Department nomination. Congressional Black Caucus. He would most as though Americans are being I am told most of it is that it is held come over and visit with me every forced to live through a real-life ‘‘Sat- up for an unrelated matter, dealing month or so—a fine man. He has rep- with some other issue. It is just wrong. resented North Carolina’s 12th Con- urday Night Live’’ sketch. If you If you do not like this guy, stand and gressional District since 1993, and as caught last week’s opener, it is getting say why you don’t like him and vote senior Member of the House Financial harder to tell the ObamaCare headlines against him. Don’t stop us from mov- Services Committee he understands the from the ObamaCare punchlines these ing forward on the nomination. mistakes that led to the housing crisis. days. Most of the opposition to this man, He also has proposed legislation to Paper applications, 800 numbers, ap- who has been held up for 200 days, is, I crack down on the worst abuses in plying by fax—ObamaCare appears to am told, by the senior Senator from mortgage lending and helped to pass be leading us boldly into the 1980s. Re- Texas. the Dodd-Frank bill to prevent preda- member, before this thing launched, The junior Senator from Texas has tory lending. By any measure Con- the administration swore up and down placed a hold on another nomination, a gressman WATT is qualified to help that ObamaCare was ready to go. man by the name of Tom Wheeler to be struggling homeowners recover from Democratic leaders in Congress told Democratic member of the Federal the worst downturn in generations. My Americans that the law’s implementa- Communications Commission, FCC, a Republican colleagues should give him tion was fabulous and that ObamaCare very important agency. In addition to the up-or-down vote he deserves, not was wonderful. The President reassured writing two books, Mr. Wheeler has filibuster him. everyone it was working the way it was founded several technological compa- I know some Republicans do not like supposed to, and of course Washington nies—important companies. He cofound Dodd-Frank. Obviously, they didn’t Democrats bragged about their fancy the largest online targeted news serv- mind the abuses that took place that new Web site, the Web site that cost ice and helped develop the U.S. Govern- led to the crashing of Wall Street. But taxpayers—$100 million? $200 million? ment’s telecommunications policy. he should not be punished for that. $300 million? No one is quite sure. That President Obama nominated Tom At a time when America faces dif- is just one of the unanswered questions Wheeler as well as Republican Michael ficult economic times at home and var- we hope they will clarify soon.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7585 To be fair, the President likes to say gage in discussions to see where we road to Greece or Spain, and time is that ObamaCare is about more than might find common ground. Hopefully, not on our side. just a Web site. He is absolutely right, we will eventually get to the increas- I hear the Senator from New York is and that is why fixing a Web site will ingly obvious endgame: Repeal, fol- going to try and sell his proposal as a not solve the larger problem. The larg- lowed by true bipartisan health care ‘‘McConnell’’ plan. I appreciate the ater problem is ObamaCare itself. The reform. It may be universally accepted tempt at a PR gimmick, but there are larger problem is what the few people that healthcare.gov is a disaster, but two huge differences between the Schu- who actually have signed up for cov- as the President reminds us, that dis- mer-Obama plan and what I have pro- erage have discovered about this law. aster does not exist in a vacuum. The posed in the past. The larger problem is how ObamaCare failure of the ObamaCare Web site is First, Schumer-Obama would raise is hurting people out there. emblematic of the larger failure of the debt ceiling permanently. I reject It is about college graduates and ObamaCare itself and of the kind of that idea entirely. Second, unlike middle-class families getting hit with problems we can expect if Washington Schumer-Obama, I believe that in- massive premium increases they can- Democrats continue their stubborn de- creases in the debt ceiling should be not afford. It is about workers seeing fense of this partisan law. accompanied by reforms. That is what their hours cut and their paychecks FISCAL RESPONSIBILITY we did in 2011 when Congress raised the shrink because of this law. It is about Politicians regularly come to Wash- debt ceiling in return for enacting $2 millions of Americans who will lose ington promising fiscal responsibility, trillion in bipartisan spending con- their current health coverage because but too often they can’t agree to cut trol—the spending control the Presi- of ObamaCare, despite the President’s spending when it counts, and that is dent endlessly campaigned on last promises. why the Budget Control Act is such a year. That is the real ‘‘McConnell’’ According to news reports, the big deal. Since Congress passed the plan. Obama administration knew for at BCA with overwhelming bipartisan ma- If the Senator from New York is in- least 3 years that millions of Ameri- jorities in 2011, Washington has actu- terested in working with me to enact cans would not be able to keep their ally reduced the level of government another $2 trillion in bipartisan cuts, health care coverage. The President’s spending for 2 years running. That is then let’s get down to brass tacks. The press secretary basically admitted yes- the first time this has happened since American people would love to see us terday that Americans would lose cov- the Korean war. working in a bipartisan way to actu- erage too. Remember, this is the same The BCA savings are such a big deal, ally help them. If he insists on pushing President who said: in fact, that the President campaigned the Schumer-Obama plan, he is not If you like your health care plan, you’ll be on it endlessly in 2012. He bragged going to find any dance partners on able to keep your health care plan, period about the bipartisan cuts in Colorado this side of the aisle. Handing the . . . No one will take it away, no matter and in Iowa. He trumpeted the reduc- President a permanent blank check, in- what. tions from coast to coast, telling audi- creasing the size of government, and This is just one of the many reasons ences from California to Baltimore trying to overturn the most significant Americans feel betrayed. One woman that he ‘‘signed $2 trillion of spending bipartisan accomplishment of the who was quoted in the Los Angeles cuts into law.’’ Obama years is a nonstarter. Times put it this way: As our Democratic friends like to say Our debt is a serious problem. I know All we have been hearing for the last 3 these days, elections matter, and the Kentuckians think so. Similar to years is if you like your policy, you can keep President explicitly staked his reelec- Americans all across the country, they it . . . [well] I’m infuriated because I was tion on the back of these bipartisan understand it is completely lied to. spending cuts. unsustainable over the long run, and Here is how one North Carolinian put Look at the exit polls from Novem- they understand it is standing in the it to NBC News: ber. A majority of Americans said the way of jobs and economic growth Everybody’s worried about whether the government was doing too much. today. website works or not, but that’s fixable. About two-thirds said raising taxes to Let’s shelve the gimmicks and the That’s just the tip of the iceberg. This stuff cut the deficit was a nonstarter. Com- blank checks and get to work on bipar- isn’t fixable. pared to ObamaCare, which more vot- tisan plans to get spending under con- That was after he lost a $228-a-month ers said they wanted to repeal, these trol. That is what our constituents ex- plan and was faced with a choice of levels of support are striking. pect. If our friends on the other side want taking a comparable plan for $1,208 or f the best option he could find on the ex- to keep trying to claim an electoral changes, one for $948 a month. mandate for retaining ObamaCare— DISAPPROVAL OF THE PRESI- After looking at all of that, he said: contradicted by the facts as that might DENT’S EXERCISE OF AUTHOR- ‘‘I’m sitting here looking at this, be—using their own logic, we would ITY TO SUSPEND THE DEBT thinking we ought to pay the fine and then have to call the mandate for re- LIMIT—MOTION TO PROCEED get insurance when we’re sick.’’ ducing the size of government a super- Mr. MCCONNELL. Mr. President, I Americans up and down the country mandate. That is why their new plan to move to proceed to S.J. Res. 26. are beginning to experience the cost of undo the cuts the President cam- The ACTING PRESIDENT pro tem- ObamaCare firsthand, and they are re- paigned on and increase the debt is so pore. The clerk will report the motion alizing they are the ones stuck with outrageous. to proceed. the bill. It is not fair, it is not right, We hear that the senior Senator from The legislative clerk read as follows: and Republicans are going to keep New York will soon announce a pro- Motion to proceed to Calendar No. 223, S.J. fighting to get our constituents relief posal to give the President permanent Res. 26, a joint resolution relating to the dis- from this partisan law. power to borrow more; in other words, approval of the President’s exercise of au- Of course, the most logical course he wants to extend the debt ceiling per- thority to suspend the debt limit, as sub- would be to stop this train wreck and manently by going around Congress. mitted under section 1002(b) of the Con- start over, but Washington Democrats Let me repeat that. The so-called tinuing Appropriations Act, 2014 on October still appear more interested in pro- Schumer-Obama plan is a plan to per- 17, 2013. tecting the President’s namesake and manently hand the President a credit I yield the floor. legacy than protecting their constitu- card without spending limits and with- RESERVATION OF LEADER TIME ents from this law. I hope that will out lifting a finger to address the na- The ACTING PRESIDENT pro tem- change because we cannot move for- tional debt. It is truly outrageous, es- pore. Under the previous order, the ward without Democrats. pecially when we consider that our leadership time is reserved. Under the We have seen some signs that at least debt is now $17 trillion, which makes previous order, the time until 12:30 some Democrats are coming around us look a lot like a European country. p.m. will be equally divided and con- slowly—slowly—much more slowly We have to get our debt under control trolled between the two leaders or than we would like. I am happy to en- before we move any further down the their designees.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7586 CONGRESSIONAL RECORD — SENATE October 29, 2013 The Senator from Utah. to be able to fix what she has not been Mr. HATCH. Mr. President, during Mr. HATCH. Mr. President, before I able to fix during the last 31⁄2 years is the debt limit impasse in 2006, then- make my remarks, I understand the unrealistic. It is throwing good money Senator Obama stated: distinguished Senator from Tennessee after bad. It is time for her to resign The fact that we are here today to debate has been waiting to make some re- and for someone else to take charge. raising America’s debt limit is a sign of lead- marks himself. I ask unanimous con- No private sector chief executive would ership failure. Leadership means the buck sent that he go first, and then if Sen- escape accountability after such a poor stops here. Instead, Washington is shifting the burden of bad choices today onto the ator BAUCUS is here, he goes second, performance. The principle of account- backs of our children and grandchildren. and I go third, but if Senator BAUCUS is ability is not and should not be foreign America has a debt problem and a failure of not here, I will go second. to the public sector. leadership, and Americans deserve better. The ACTING PRESIDENT pro tem- Admiral Hyman Rickover, father of That was former Senator Barack pore. Without objection, it is so or- the nuclear navy, told his submarine captains they were not only account- Obama. dered. At that time our gross debt was $8.3 The Senator from Tennessee is recog- able for their ships, they were also ac- trillion. It is now well above twice nized. countable for the nuclear reactors on that, currently standing at $17.1 tril- Mr. ALEXANDER. Mr. President, I their ships. If anything went wrong lion, which is over 100 percent of the thank the Senator from Utah. If that with the reactor, their career in the Navy was over, the Admiral said. As a size of our economy. suits his convenience, I appreciate that During that same 2006 debt limit de- courtesy very much. I will not take result of that dose of accountability, bate, then-Senator BIDEN said: more than 8 or 10 minutes. since the 1950s, there has never been a death as a result of a problem with a My vote against the debt limit increase The President should ask the Sec- cannot change the fact that we have in- retary of Health and Human Services, nuclear naval submarine reactor. curred this debt already and will no doubt Kathleen Sebelius, to resign her posi- Americans deserve that kind of ac- incur more. It is a statement that I refuse to tion because of the disastrous rollout countability in the implementation of be associated with the policies that brought of ObamaCare. the new health care law. Instead, the us to this point. Taxpayers have spent $400 million to Secretary appears not even to have That was then-Senator BIDEN. Things create exchanges that—after 31⁄2 told the President about known prob- have certainly changed since 2006. years—still don’t work. As a result, the lems with the ObamaCare Web site in Now President Obama and Vice White House had to announce last the months and days leading up to the President JOE BIDEN preside over an night that the key enforcement mecha- launch. Despite repeated requests, she administration which tells us that rais- nism to their individual mandate—a has refused to tell Congress or the pub- ing the debt limit is merely a matter of $95 fine that increases every year—will lic the reasons the ObamaCare Web site paying our bills and is a reflection of be waived until the end of March of continues to fail, while insisting on decisions made in Congress. Yet while next year. That may be fine for those more time and an undisclosed amount it is ostensibly true that the Congress currently without insurance, but for of money to fix it. has the power to raise the debt limit, it the millions being forced into the ex- Before the Internet, RCA knew how is not true that Congress makes spend- changes and losing their current insur- many records Elvis was selling every ing decisions unilaterally, with no role ance, there is no relief, just higher day, Ford knew how many cars they being played by the executive branch. prices, a likely lapse in insurance cov- were selling every day, and McDonald’s No amount of spending can be enacted erage, a broken Web site, and broken could tell us how many hamburgers without the President signing it into promises. they were selling each day. Yet, here law. We already know of 1.5 million Amer- we are in the advanced stages of the In addition, the President submits a icans who are losing their policies be- Internet age and, under Secretary budget every year. The White House cause starting January 1, many insur- Sebelius’s leadership, the Obama ad- also issues policy statements and veto ance policies they now have will not be ministration will not tell us how many threats on spending bills on a more or legal under ObamaCare, and because Americans have tried to sign up for less frequent basis. And, of course, the exchange will not be working, they ObamaCare, or how many have actu- every administration works with Con- will not be able to choose another pol- ally signed up, or what level of insur- gress to enact its domestic agenda ance they have purchased, or in what icy. This chart gives an example of which inherently includes setting pri- ZIP Code they live. Not only will they what is going on. Just in three States— orities on Federal spending. So, in not tell us, they have done their best California, Florida, and New Jersey— short, the commonly repeated notion to keep us from finding out. there are 1.4 million insurance policies With WikiLeaks and Edward that questions surrounding spending that will not be valid after January 1 Snowden spilling our beans every day, and the debt limit are Congress’s and because they are not legal under what is happening on the ObamaCare Congress’s alone to answer is simply an ObamaCare. exchanges is the best kept secret left in attempt by this administration to Compare that number, 1.4 million, to Washington, DC. The National Secu- avoid accountability on these issues. Ultimately, regardless of what Presi- the number of Americans in those rity Agency could learn some lessons three States who have reportedly ap- from Secretary Sebelius. dent Obama and those in his adminis- plied or enrolled on the Web site for in- Later today I will ask unanimous tration are saying now, both Congress surance, 7 or 8 percent of all the people consent to approve a six-page bill I in- and the executive branch are to blame who will lose their current policy have troduced yesterday to require the ad- for our current predicament. applied for a different policy through ministration to answer these questions The President has exercised his au- the exchange. That is what is going on every week. Secretary Sebelius is not thority to suspend the debt limit under with families across this country as responsible for enacting ObamaCare, the Continuing Appropriations Act of 2014, which he signed into law on Octo- people worry about health care. but she has been responsible for 31⁄2 These are policies in the individual years for implementing it. Now many ber 17. On October 16, public debt sub- market. There are 19 million Ameri- Americans have only a few weeks to ject to the limit was around $16.7 tril- cans in the individual market. We also purchase new insurance or be without lion. On October 17—the very next heard on NBC News over the last cou- health insurance. To expect the Sec- day—public debt subject to the limit ple of days that the Obama administra- retary to correct in a few weeks what was over $17 trillion. In one day, Treas- tion knew that 47 to 60 percent of the she has not been able to do in 31⁄2 years ury increased the debt subject to the policies in the individual market would is unrealistic. limit by over $328 billion. Let me re- not be legally offered under It is time for the President to ask the peat that. The debt increased by over ObamaCare. Yet they still said to peo- Secretary of Health and Human Serv- $328 billion in a single day. That brings ple: ‘‘If you like your insurance, you ices to resign. the increase in total public debt under can keep it.’’ I thank the Chair and yield the floor. this administration to more than $6.4 At some point there has to be ac- The ACTING PRESIDENT pro tem- trillion, an amount that is, by all accountability. Expecting this Secretary pore. The Senator from Utah. counts, unprecedented.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7587 Echoing earlier sentiments of then- Earlier this year I personally pre- ticipants about whether they would be Senator BIDEN, I refuse to be associ- sented to the President, in detail and paid in the event the Treasury were to ated with the policies that brought us in writing—again, I emphasize I per- run out of cash. Officials also identified to this point. sonally gave him this—five reform pro- threats of massive financial instability The debt limit debate provides us posals relating to Medicare and Med- stemming from a breach of the debt with an opportunity to reexamine our icaid that have received bipartisan sup- limit and of potential disruption from Nation’s fiscal course and take steps to port—Democratic and Republican sup- a downgrade of the rating on U.S. Gov- correct it. Sadly, we have a President port—in the past. I asked him to con- ernment securities. who appears unwilling to have that sider the proposals and have since So, naturally, I asked Treasury and, conversation. Instead, he apparently asked members of his administration in fact, every voting member of the Fi- wants to press forward, full steam to likewise give the proposals consider- nancial Stability Oversight Council, or ahead, on our already unsustainable ation. FSOC, to provide Congress and the course, saddling future generations By the way, when we had our supper American people information regarding with unheard-of debts and broken enti- at the White House in the family din- the plans they had in place to respond tlement promises in the process. Unfor- ing room, I brought it up again. By the to such catastrophes. Out of close to 20 tunately, as the Congressional Budget way, I brought it up with the Secretary letters I sent to FSOC members, I re- Office has made clear, over the course of the Treasury over and over. I did not ceived only 3 responses. Apparently, of President Obama’s administration, wait until an impending debt limit de- the FSOC, which was empowered by the Federal Government has recorded bate. Rather, I put my proposals for- the so-called Dodd-Frank Act to mon- the largest budget deficits relative to ward in a good-faith effort to begin itor and respond to merging threats to the size of the economy since 1946, timely discussions. Unfortunately, financial stability, does not identify or causing our debt to soar, as we all thus far, I have not received even the share response plans with respect to know. Federal debt as a percent of the slightest response, while the clock on any threat that could emerge as a re- economy’s annual output is higher Medicare and Medicaid keeps ticking, sult of government policies. than at any point in U.S. history, ex- and both of them are running more and That being the case, I believe we cept for a brief period around World more deficits as we speak. By the way, should strip FSOC of any notional War II. the five points were bipartisan. They oversight of financial stability and call CBO makes three other points equal- were bipartisan measures that both it what it really is: another unre- ly clear. No. 1, our debt path is Democrats and Republicans supported. strained regulatory agency created unsustainable, threatening our econ- The situation with Social Security only to enact additional regulations. omy and putting us at risk of a fiscal isn’t much better. The trustees of the After the fact, we have found that crisis. No. 2, the root of our fiscal prob- trust funds embedded in the Social Se- Treasury and some financial regulators lem is Federal spending, not a lack of curity system, including top adminis- had plans for how to respond to a debt revenue. No. 3, the main source of our tration officials such as the Treasury limit breach or a ratings downgrade. spending problem is our unsustainable Secretary, have, in no uncertain terms, Yet none of these plans were shared entitlement programs. That being the urged Congress to act quickly on re- with Congress. case, any serious talk about raising the forming the retirement and the dis- Put simply, if we are going to em- debt limit must include a real, con- power a Federal regulatory body such crete discussion about entitlement re- ability insurance programs to move them toward sustainability. Quite sim- as the FSOC to develop contingency form. plans to respond to threats to financial As every credible analyst tells us, we ply, it would be folly to approve of yet stability, then that body should be re- need to face the fiscal facts and enact another debt limit increase without quired to share those plans with the serious structural reforms to our enti- also working to address these pro- tlement programs. So far, President grams, which are the main drivers of American people. Sadly, thus far that Obama has been unwilling to even en- our debts and deficits. has not been the case. Another thing I have learned from gage in this discussion. These days, Therefore, I disapprove of the Presi- our recent debt limit impasses is that every fiscal discussion with the White dent’s exercise of an authority to sus- we need to take a closer look at the House begins and ends with demands pend the debt limit, and I urge all of Treasury Department’s use of so-called for additional tax hikes to fuel even my colleagues to similarly disapprove. more spending. I guarantee it will be The recent debt limit impasse and extraordinary measures, which have spending, not paying down the national the impasse of 2011 also provided a good become all too ordinary. These ‘‘ex- debt or paying down what we owe; it deal of information about lack of ac- traordinary measures’’ are merely will be to spend more. countability of the Treasury Depart- ways for the Treasury Department to Of course, the President will occa- ment and of our regulatory agencies. temporarily delay facing a debt limit sionally resurrect offers he has made in I currently serve as the ranking increase by issuing shadow debt. For past failed fiscal negotiations to in- member on the Senate Finance Com- example, Treasury can simply declare clude small entitlement changes, in- mittee which has oversight responsi- a debt issuance suspension period and cluding, for example, movement to a bility toward the Treasury Depart- stop issuing debt that it normally different price index for certain cost- ment. To fulfill those responsibilities, I would issue while instead effectively of-living adjustments, but at the same have been asking questions of Treasury telling the lender: Don’t worry, I will time the President and his administra- about debt and cash management pro- pay you back later with interest. I be- tion have made clear that even those cedures, and I have repeatedly been lieve the authority to use these types small entitlement changes will only be stonewalled by the Treasury Depart- of extraordinary measures needs to be on the table if tax hikes are delivered ment. I don’t know that I have ever reexamined. first. That is the President’s pre- seen this happen before in either Re- As you can see, Mr. President, there condition for even entertaining tax republican or Democratic administra- are a number of problems that need to form or entitlement reform, even on tions. be confronted with regard to our Na- the heels of a more than $630 billion For example, when we have ap- tion’s ever-growing debt. As I said, we tax hike at the beginning of this year proached the debt limit, I have asked need to work together to address our and another $1 trillion in revenue de- questions about how much cash our Na- Nation’s unsustainable entitlement livered courtesy of ObamaCare. tion has in the till, only to find that programs; otherwise, any effort to rein Entitlement reform is not an option, Treasury won’t tell me and that they in our debts and deficits will amount to it is a necessity. prefer the Congress rely on estimates little more than tinkering around the Structural reforms to our health care from think tanks and Wall Street edges. entitlements should not hinge on an- firms. In addition, we need to improve in- other tax-and-spend operation. And Furthermore, during the most recent formation sharing between Congress structural reforms to Social Security debt limit impasses, administration of- and the executive branch on issues re- should not be held hostage to another ficials were busy frightening seniors, lating to our debt. The Treasury De- tax hike. our troops, and financial market par- partment and our financial regulators

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7588 CONGRESSIONAL RECORD — SENATE October 29, 2013 have a lot to do with maintaining the ObamaCare is full of cliffs: to im- dearth of the ability to provide the depth, liquidity, and efficiency of the plicit tax rates; to hours of work; to health care people need. We are going market for Treasury securities, and numbers of employees. And those cliffs to start doing what that payment advi- Congress has a duty to exercise over- have led and will lead to more eco- sory board really is set up for, and that sight over these functions. Unfortu- nomic damage. is rationing. Once that starts, the nately, the administration, far more That is just the beginning. I could American people are going to rebel. often than not, opts to keep Congress speak for hours about what is wrong It is going to happen sooner or later in the dark on these issues. And, the with this lousy Act called ObamaCare. if we do not get our friends on the Treasury and financial regulators I wish some of my colleagues on the other side to at least work with us on choose to keep their plans secret. This other side would start saying what finding some resolution. I have to say has to stop. they actually know. They know it is a that we are working on our side to By using his authority to suspend the lousy Act. They know it is something come up with a resolution, and I hope debt limit through February 7, 2014, that is not going to work. And if it I can interest our colleagues on the President Obama has opted not to con- does—if they continue to maintain other side. I admit that we can do a lot front any of these serious issues. In- that it has to work—it is going to be a better than we are doing around here. stead, he is leading us even further massive cost to society, with less effec- We can do it in a much better bipar- down a path that we already know is tive health care than we have ever had tisan way than we are doing it. I think unsustainable. That being the case, I before. some people get a joy out of creating plan to vote in favor of the resolution It is not just these technical prob- battles around here when we should get of disapproval of this debt limit sus- lems that we have to solve; it is the a joy out of resolving problems. pension, and I urge my colleagues to do economic problems that arise from I yield to the distinguished Senator the same. ObamaCare. And I know what is going from South Dakota. Having said all this, we are in a real- to happen. Within the next year or two, The PRESIDING OFFICER (Mr. ly big mess on ObamaCare—or if you our friends on the other side—or should SCHATZ). The Senator from South Da- want to call it the ‘‘Affordable Care I say the White House in particular— kota. Act’’ that nobody believes is affordable President Obama is going to throw his Mr. THUNE. Mr. President, I thank at all. They know it is going to lead us hands in the air and say: It is not my colleague from Utah and appreciate right into even more unsustainability working. We have to go to a single- his very eloquent remarks. He has been than we have right now. I suspect that payer system, meaning socialized med- a great leader on health care issues for over time our brilliant people in the IT icine. Anybody who believes that is the a lot of years around here and was a world, the information technology way to go—it sounds easy, but anybody fierce opponent of ObamaCare when it world, many of whom I know person- who believes that is the way to go has passed and laid out very compelling ar- ally, will find some way to resolve not looked at socialized medicine guments at the time about why we what really has been a horrible, hor- around the world. They can point to should not adopt this law. Unfortu- rible situation with the broken intro- some instances where it has worked for nately, for the people of this country, duction of the ObamaCare website. We a short time, but over time it results in many of the predictions he made are all know it is horrible, and I hope they less health care, higher costs, and stul- coming out to be true. I appreciate the can resolve that. I think it is going to tification of what really could be a leadership he provides for us as a mem- be hard because it is such a mess. I great health care system. ber of the Finance Committee and his hope Mr. Zients is successful in his ef- I want to solve these problems in continued advocacy for policies that forts to try to cure the broken system, health care, but I believe they ought to are good for consumers in this country but that does not cure the faults or be solved on a bipartisan basis and not when it comes to the issue of health problems with ObamaCare as a whole. just a partisan basis, which is where we care. What about the 30-hour rule? A lot of are with regard to ObamaCare—or This Friday marks a full month since people, a lot of businesses, especially should I say the ‘‘Affordable Care Act.’’ healthcare.gov went live. This is the small businesses today, are making There are a number of people in this Web site that, in conjunction with the sure their employees do not work more body and in the other body who, like new health care law, was promised as a than 30 hours because if they do, it me, have worked in health care areas solution to all of the problems in the triggers their having to pay what ap- and on health care issues ever since delivery and cost of health care in this pear to many to be outrageous health they have been in the Congress who country. care costs. That is just one thing, and would be willing to sit down and get To be frank, I do not think anybody that is not going to be easily resolved this resolved. But I have to say there on either side of the political aisle because the bill is such a stupid bill. It was no real consultation, there was no would deny this fact: These past 29 was stupid to begin with. We knew it real effort to work in a bipartisan way, days have been nothing short of a dis- would not work to begin with. We made as far as I could see, even at the lower aster. The administration will not dis- the case that it would not work, and levels in Congress, in developing the close how many Americans were actu- frankly we are here in this really ridic- partisan product called ObamaCare. It ally able to enroll in plans. They are ulous posture where we have been sty- was just they were going to pass this not forthcoming when it comes to dis- mied because of an ineptly imple- and that is the way it will be. Now they closing exactly what the problem is mented introduction of a flawed law, are stuck with it—should I say they are with the Web site, other than calling and there is certainly some incom- not really the ones who are stuck with the problems glitches. Well, glitches petency here. I hope they can resolve it; it is the American people and the refer to temporary problems that are that, but that still does not resolve the American taxpayers who are stuck easily remedied. The problems with the 30-hour rule, which is very important. with it. We have to, sooner or later, get health care law cannot merely be How about the 50-employee rule? A together to resolve this problem with- called glitches. The problems go deeper lot of businesses that would have ex- out going to socialized medicine. than technical problems on a Web site panded, small businesses that would I have talked to a number of doctors, which, by the way, cost $400 million to have grown, that would have tested the health care providers, who are going to develop. market and really gotten going, do not get out of the profession. They do not As the President said last week, want to employ more than 49 people want to be governed by this type of ObamaCare ‘‘ . . . is not just a website. and trigger a massive sudden cost to governance. Frankly, you are going to It’s much more.’’ Well, that is true. It their businesses. find that if we go to socialized medi- is much more. It is a fundamentally These are problems that basically are cine, doctors are not going to work flawed piece of legislation that is re- unsolvable under the bill, and they more than 6 or 8 hours a day, where sulting in real-life consequences for may be even larger problems than today they will work as long as it middle-class Americans. those we have with regard to the takes to serve people who need their My colleagues and I, the Senator website problems I have been men- help. We are going to find a real dearth from Utah and others, have been speak- tioning. of doctors. We are going to find a real ing about the broken promises of this

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7589 legislation since it came to the floor of In addition to higher costs, families cent. All say that many of those forced the Senate almost 4 years ago. We are discovering other grim news. For to buy pricier new policies will experi- know this law will not work as prom- example, they cannot keep the plan ence ‘‘sticker shock.’’ You do not have ised. Unfortunately, thousands of they like, despite the fact that the to look any further than George Americans are realizing it too as they President promised they would be able Schwab, a 62-year-old man from North face higher costs and canceled insur- to. Over and over the President told Carolina who said he was ‘‘perfectly ance plans. Americans they would be able to keep happy’’ with the plan from Blue Cross Many Americans are experiencing the insurance they have. Blue Shield, the plan he currently had, sticker shock when it comes to their Well, millions are now facing health which also insured his wife for a $228 health care costs. Middle-class Ameri- insurance cancellation notices due to monthly premium. But this past Sep- cans already struggling to make ends ObamaCare. That number is expected tember he was surprised to receive a meet are now facing steep premium in- to increase up to nearly 10 million by letter saying his policy was no longer creases in the ObamaCare exchanges. the end of this year. In fact, just this available. The comparable plan the in- Last month, Avik Roy of Forbes re- morning, CBS News published a story. surance company offered him carried a ported on a recent study that said: The headline read, ‘‘More than 2 mil- $1,208 monthly premium and a $5,500 ObamaCare will increase insurance rates lion people getting booted from exist- deductible. The best option he has for younger men by an average of 97 to 99% ing health insurance plans.’’ These are found on the exchange so far offered a and for younger women by an average of 55 Americans who had coverage they 415-percent jump in premiums, to $948 a to 62%. liked and now cannot continue to pur- month. In my home State of South Dakota, chase. The deductible is less— that is more than just a statistic; that Finally, after dozens of media reports He said. is a grim reality facing thousands of of Americans who are losing plans they But the plan doesn’t meet my needs. Its young men and women. like, the White House spokesman said, unaffordable. I am sitting here looking at By comparing a typical low-cost plan it is true that some Americans will not this, thinking we ought to just pay the fine for a healthy 30-year-old person in my be able to keep the health care plan and just get insurance when we’re sick. State of South Dakota this year with a that they like under ObamaCare. Well, That is what Schwab said. bronze plan that they would be able to you do not have to tell people in this Everybody’s worried about whether the get in South Dakota’s health care ex- country, as Deborah from Westchester, website works or not, but that’s fixable. change next year, the premium in- CA, said in an article last week in the That’s just tip of the iceberg. This stuff isn’t creases are nothing short of staggering. Los Angeles Times: fixable. Younger women are going to face a 223- All we’ve been hearing the last three years That is from Mr. Schwab of North percent premium increase and younger is if you like your policy you can keep it . . . Carolina. That is just one of many sto- men are going to face a 393-percent pre- I’m infuriated because I was lied to. ries out there about how this law is af- mium increase when you compare data CareFirst BlueCross BlueShield is fecting average Americans, so much so from HHS with data from GAO about being forced to cancel plans that cover that now even Democrats have come premiums in South Dakota in January 76,000 individuals in Virginia, Mary- out criticizing parts of the health care of this year. That is more than a $1,500 land, and Washington, DC, due to law. Most recently there were 10 Sen- annual increase for women and a $2,000 changes made by President Obama’s ate Democrats who asked the adminis- increase in health care premiums each health care law. That represents more tration to delay the deadline to sign up year for 30-year-old men in my State of than 40 percent of the 177,000 individ- for ObamaCare before the tax on the South Dakota. uals covered by CareFirst in those individual mandate kicks in. But it is not just South Dakota. It is States. While I agree that Americans should not confined to South Dakota alone, President Obama said on July 21, not be expected to pay a fine for not and people in my State are not alone in 2009: If you like your current plan, you having a product they cannot even ac- their experience of sticker shock. Look will be able to keep it. Let me repeat cess, delaying implementation does not at what is happening in the State of that. He said: If you like your plan, you solve the underlying problem that this Nebraska where premium increases are will be able to keep it. That is from bill is simply bad policy. It was a par- 143 percent or in Georgia where pre- 2009. tisan bill. It was rushed through with- mium increases are 198 percent. Money But he also went on to say, ‘‘I won’t out adequate forethought in the imple- that could be used to pay off student sign a bill that somehow would make it mentation problems and the serious ad- loans, save for a home, or start a fam- tougher for people to keep their health verse effect it would have on Ameri- ily is now going to be used to pay for insurance.’’ That is from another con- cans’ daily lives. ObamaCare. ference he had with bloggers back in Giving people more time to try to According to a new analysis by 2009. It is abundantly clear that this is navigate a broken Web site with Avalere Health, Americans could face not a simple misstatement or a glitch glitches is not going to fix this under- steep cost-sharing requirements—such in the law, it is another broken prom- lying fundamental flaw in this law. A as copayments, co-insurance, and ise that reveals serious underlying majority of Americans, 56 percent, be- deductibles—layered on top of their problems with the core principles of lieve the Web site glitches are part of a monthly premiums. this law. broader problem with the health care It is clear that health care costs are No IT specialist can fix the problem law. ObamaCare is more than a Web going up—they are not going down— of canceled plans due to ObamaCare. site. Its real-life consequences squarely particularly for younger Americans. The only fix is to repeal this law and to hit middle-class Americans. Additionally, President Obama prom- start over. The President promised the Americans are facing sticker shock ised that health care premiums would people could keep a health care plan discovering they are being dropped go down by an average of $2,500 per they liked. But an NBC News article from an insurance plan they like. As family. Well, if you look at what fam- published yesterday shows that the ad- one woman said: I was all for ily premiums have done, they have ac- ministration knew as early as 2010 that ObamaCare until I found out I was pay- tually jumped by more than $2,500 this was not going to be the case. ing for it. That too was a story that since ObamaCare became law. NBC is reporting that 50 to 70 percent the LA Times ran over the weekend. While costs continue to increase de- of the 14 million consumers who buy ObamaCare is not ready for prime spite the President’s promises to the their insurance individually—in the in- time. The President has got a new contrary, household income has fallen dividual marketplace—can expect to healthcare.gov czar, Jeffery Zients, by over $3,700 since President Obama receive a cancellation letter or the who has been tasked with coming in first took office. No IT specialist can equivalent over the next year, because and trying to fix the Web site by the fix the problem of increased health their existing policies do not meet the end of November. But a fix to the Web care costs due to ObamaCare. The only standards mandated by the new health site by the end of November does not fix is to repeal this law and to start care law. One expert predicts that rectify the underlying problems with over. number could reach as high as 80 per- this law. The problems with this law

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7590 CONGRESSIONAL RECORD — SENATE October 29, 2013 are more than just problems with a people, for families, middle-class Amer- fresh in my mind today as we continue Web site. We need to continue to work icans, that improve the quality of to rebuild in Delaware, New Jersey, in to repeal the onerous parts of this law health care delivery in this country, New York, and in other places up the and replace it with solutions that actu- and that do not create costly harm to East Coast. ally lower the cost of health care and the economy. But not only are the impacts of the give Americans continued access to a We hear over and over that the man- superstorm still fresh in my mind, doctor they choose at a cost they can dates and the requirements and the something else is as well, and that is afford. costs associated with ObamaCare are this: the extraordinary efforts of ordi- Republicans here at the time when making it more difficult and more ex- nary people who left the comfort of this law was being debated and passed pensive to create jobs in this country. their own homes in Delaware, Mary- in the Senate several years ago and We are seeing an economic growth rate land, Pennsylvania, New Jersey, New subsequent to that time have consist- that is sluggish, in the 1-percent to 2- York, Connecticut and in other States ently put forward solutions to the percent range. We are seeing the lowest as well to help people they had never health care challenges that we face in labor participation rate literally in the met and will probably never see again. this country that do not entail having last 35 years, since Jimmy Carter was They did so not because they were paid government take over literally one- the President of the United States, to do it, not because someone told sixth of the American economy. As we chronically high unemployment, lower them to do it, but because they wanted can see from the rollout, the govern- take-home pay, an economy that is suf- to do it. ment does not do complicated things fering from too much cost and too This morning I met a handful of very well. many policies that actually make it Delawareans who were called to action This is a disaster at the rollout, but more difficult and more expensive to by the Red Cross to volunteer in the it is a train wreck in terms of sub- create jobs. shelters and communities in Delaware stance and what it is going to do and We need to be looking at health care and New Jersey and New York. Those the harm it will cost middle-class policies that improve coverage, lower volunteers included Charlotte and Americans. There are so many better costs, and make it less difficult and Richard Duffy, Joe Miller, and Glenn solutions. We should allow people to less costly to create jobs in this econ- Sholley, who are joining us today in buy insurance across State lines, cre- omy so we can get Americans back to the Senate, and we welcome them. In ate interstate competition, allow mar- work, we get our economy growing and the days and weeks following Sandy, ket forces to drive insurance costs expanding at a more robust rate and they stopped their lives to help others, down, allow people and businesses to improve the standard of living and the and for that we are truly grateful. I join groups so they can get the benefit quality of life for people all across this thank you all for your extraordinary of group purchasing power, do away country. service. with the issue of defensive medicine by This policy, the ObamaCare health As our rebuilding efforts continue, I getting rid of a lot of the junk lawsuits care policy, was ill-fated, was mis- am so thankful for the first responders, that are clogging up our legal system guided from the beginning. Now we are for the volunteers, and for the Good in this country, allowing people to seeing the effects and the results of Samaritans who pulled together not have a tax credit where they can buy that. Hopefully, politicians in Wash- only in Delaware but in our States to their own insurance and use their judg- ington, DC, on both sides of the aisle the north to ensure the safety and ment and allow for transparency when will come to the correct conclusion; health of our neighbors. it comes to pricing and outcomes so that is, it is time to start over and do A few minutes ago I told the folks that the market in the competition this the right way. who gathered in my office for some that exists out there works in a way I yield the floor. light refreshments before we came over that makes insurance rates come down Mr. HATCH. Mr. President, I suggest here—the same group that is joining us for everybody and improves the quality the absence of a quorum. here today—that last night I had heard of health care in this country. The PRESIDING OFFICER. The a speech from Paul Begala, who our There are so many good ideas out clerk will call the roll. Presiding Officer will remember was a there that do not involve a government The assistant legislative clerk pro- key member of President Clinton’s takeover of health care and the results ceeded to call the roll. team during his Presidency. He was on we have seen that has caused. So I hope Mr. CARPER. I ask unanimous con- television a million times and widely that not only will the American people sent that the order for the quorum call known for his wit. We saw another side who I think are quickly coming to the be rescinded. of Paul Begala last night. We saw his conclusion that this is a bad law, it is The PRESIDING OFFICER. Without wit as well, but we also heard from him a flawed policy to start with, but Mem- objection, it is so ordered. a recounting or retelling of the story of bers of Congress here in Washington, SUPERSTORM SANDY the Old Testament and of the question DC, Members of the Senate will also Mr. CARPER. As many of us recall, that was asked in the Bible. He asked come to that conclusion and will de- on October 29, 2012, Superstorm Sandy the audience: Who asked the first ques- cide it is time to not only delay this made landfall in my part of the United tion? Nobody knew. He said, actually, but to repeal it and start over. States. Its impacts up and down the the first question was asked by Abel, We need a do-over. The American east coast were devastating and heart- who had slain his brother Cain. The people need a do-over. We need an op- breaking. New York, New Jersey, and Heavenly Father, of course, knew what portunity to put policies in place that parts of New England were hit particu- had happened. He tracked down Abel actually put downward pressure on in- larly hard. In Delaware we did not ex- and said: Where’s Cain? And Cain said: surance rates in this country, rather perience the level of devastation that Am I my brother’s keeper? Am I my than increasing them, which is what was inflicted on our neighbors to the brother’s keeper? we have seen with ObamaCare, dra- north and to the east, but our State did That story is retold in the Bible in a matic increases for many people across receive significant damage. In total number of places as the Golden Rule, this country, loss of coverage that peo- there were over 200 deaths attributed to look out and help other people the ple like. They were told by the Presi- to Superstorm Sandy. Today we re- way we would like to be helped, treat dent repeatedly, over and over the member the lives lost and those forever other people the way we would want to President went out there and said: If impacted by this storm. be treated. Not only does that show up you like the insurance you have, you As I traveled through Delaware dur- in the Old and New Testaments, includ- can keep it. We now know that is not ing and after the storm, I saw some of ing in the parable of the Good Samari- true. We know that the administration the massive impacts of that storm tan, but it shows up in the sacred scrip- knew that was not true. firsthand, but I saw something else as tures whether you happen to be Jewish, So it is time we acknowledge we need well. I saw people from all walks of life Christian, Muslim, Buddhist or Hindu. a do-over. The American people need a pulling together, helping one another, It shows up in the scriptures of vir- do-over. We need health care policies in and taking care of their neighbors. The tually every major religion on Earth— this country that drive down costs for impacts of that superstorm are still the idea that we have an obligation to

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7591 help our neighbors, whoever they may The power of that storm is dem- areas along the northeastern half of be. onstrated graphically by these photos, the East Coast were relatively uncom- In the parable in the New Testament, which I said earlier destroyed not just mon. Hurricane Sandy is actually the Jesus is asked by some of the Phari- this amusement park, the beaches and third major hurricane to threaten or sees: Who is my neighbor? And that is the homes in this community, but strike the northeastern coast of our when he tells the story of the Good Sa- wreaked havoc throughout the mid-At- country in the last 3 years. Fortu- maritan, who ultimately was helped lantic and northeastern seaboard and nately, we are almost through this hur- not by someone from his community, took the lives of over 200 people. ricane season—knock on wood—with- not by a clergyman who walked by, but In the aftermath of Hurricane out a major storm hitting our coast. he was helped by somebody from an- Katrina, we saw many problems during Unfortunately, the Northeast, mid-At- other part of that country who didn’t the recovery phase that held commu- lantic, and other vulnerable areas are care at all for the fellow who was beat- nities back and created great suffering, expected to see more frequent and larg- en and left for dead. and not only great suffering, also a lot er storms such as Sandy in the future. The financial costs of Superstorm of anger in terms of the inadequate re- Earlier this year, the Government Sandy were also severe and estimated sponse, the untimely response, the Accountability Office, affectionately to be in not just the hundreds of mil- inept response. Money was not always known as GAO, added a new area to its lions of dollars but billions of dollars. well spent, the efforts were not well co- recently updated High Risk List—the It will take years to recover from dev- ordinated, and the recovery moved impact of climate change on the Fed- astation such as this. As my colleagues slowly as a result. eral Government and on our country. and I know, it is important we get that Thanks in part to the Post-Katrina GAO explained that, among other recovery right. Emergency Management Reform Act of things, climate change ‘‘could threaten I want to take a look at a few pic- 2006, which was shepherded through the coastal areas with rising sea levels, tures of Seaside Heights, NJ, before Homeland Security and Governmental alter agricultural productivity, and in- Sandy and after. Before I turn to the Affairs Committee and through Con- crease the intensity and frequency of photographs on my left here, I would gress by Senators SUSAN COLLINS and severe weather events.’’ just say to the Presiding Officer that a Joe Lieberman, many of the problems The GAO also argued the Federal lot of people who might be watching we saw during Katrina’s recovery ef- Government is not prepared to deal this across the country on C–SPAN forts have been fixed, and we have seen with the impacts of climate change. I may wonder where Seaside Heights, a great deal of improvement in the might add State governments and local NJ, is. I wondered that myself, and I emergency response efforts as a result. governments as well are not prepared am from Delaware, less than 100 miles I have a friend who, when you ask to deal with the impacts of climate away. A lot of people have heard of As- him ‘‘How are you doing?’’ he always change. They recommended we take a bury Park, where Bruce Springsteen is says, ‘‘Compared to what?’’ So when strategic look at them and start to pre- from. Asbury Park is just a little bit speaking of how are we doing with re- pare accordingly. north of Seaside Heights, NJ. About 50 spect to the recovery after Superstorm The costs associated with responding miles south of Seaside Heights is a Sandy, I say: Well, compared to what? to and recovering from a hurricane place called Atlantic City that a lot of Compared to Katrina, we are doing such as Sandy, both in human and fi- us have heard of. great. Can we do better? You bet we nancial costs, are so severe we simply This is a shot taken in May of 2009 in can. We have learned a lot, and 7 years cannot afford to face this devastation Seaside Heights, NJ. This is a before later you can tell we have learned not over and over again. shot. This is a little more than 3 years all our lessons but certainly a number It might have been Einstein who de- before the hurricane. There are a cou- of them. fined the definition of sanity as doing ple of buildings here where we have That act that was passed about a half the same thing over and over and ex- these yellow arrows. They are there for dozen years ago required FEMA to bol- pecting a different result. We can’t do a purpose—so that when we look at the ster their regional offices in order to the same thing over and over. It is a after shot we can figure out what hap- build strong relationships with State, different world in which we live, and pened to those structures. Here is a red local, and tribal governments. As an we have to respond to those changes. arrow on this building. old recovering Governor—and the Pre- Fortunately, we have seen States This is about 31⁄2 years later when siding Officer is a recovering Lieuten- take promising steps toward addressing Sandy came a-calling. Here we go. ant Governor—we know the Federal some of the issues GAO has identified. These buildings aren’t in the same Government can’t do everything, par- In particular, the States of New York place. They do not look the same. What ticularly in responding to emergencies. and New Jersey have begun to plan to looked to have been a pier along It is the relationships with the State mitigate against future disasters. We through here is gone. There used to be and the local folks, in some cases with know all too well that an ounce of pre- roads through here and now there are tribal units, with the emergency re- vention is worth a pound of cure. what appear to be sandy trails. Vir- sponders, with the National Guard, and In fact, a few years ago the National tually every house here is badly dam- all of the above, that is critical. Those Institute of Building Sciences issued a aged, many of them absolutely totally strong relationships not only improve report that concluded that for every $1 destroyed. the ability of the Federal Government we spend on various mitigation meas- We have another shot here, same to respond to disasters, but they also ures we can save $4 in response and re- town, Seaside Heights. This is obvi- enhance FEMA’s capability to support covery costs. For $1 of investment we ously the beach, the boardwalk, and State, local, and tribal governments as end up saving $4. Through mitigation, this is an amusement park. A lot of they rebuild. then, we can get better results—save people went there over the years, for That law also required FEMA to co- money and, most importantly, we can decades, and had a great time with ordinate with other Federal depart- save lives. their families. They had a roller coast- ments to write a national disaster re- We must ensure that sound and effec- er here. There were a lot of rides here. covery strategy. This eventually lead tive mitigation policies are thoroughly I must admit I like rides. My wife says: to the National Disaster Recovery incorporated into this recovery effort. Are you ever going to grow up? I say: I Framework, which has helped to orga- This is especially important as climate hope not, because this stuff is still fun nize and coordinate recovery efforts to change drives the sea level to rise and to me. But here is the roller coaster. Hurricane Sandy. increases the severity and frequency of Again, this is taken in late May 2009. A key question we need to ask, how- coastal storms. By working together, There is the roller coaster. ever, after a storm such as this, is we can rebuild and become stronger by Let’s see what it looks like after whether it was an aberration or a har- better protecting ourselves from future Hurricane Sandy. Here is the roller binger of things to come. I would like storms. But in doing so, we can’t ig- coaster. Here is the roller coaster. It is to think it was an aberration. There is nore what I and many experts believe in the ocean. And here is what is left of a good chance it was not. Just a few may be the underlying cause of storms the pier and of the amusement park. short years ago, hurricanes hitting the such as Hurricane Sandy. It is not

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7592 CONGRESSIONAL RECORD — SENATE October 29, 2013 enough to just address the symptom— tion and the Congress were prepared to led to fuel shortages and long gas lines. that is the storm, the wind, the sea provide disaster relief to the people of You can see in this photograph of the level rise, the surge—we need to ad- my State and others who suffered dev- PATH Train Terminal in Hoboken, the dress the underlying cause or causes. astating losses. Standing with me in extent of damage to our transportation As we recover from Sandy and put in that effort were many in this Chamber, infrastructure. place the protections, we need to re- and one who is no longer with us, our It was a wake-up call to what could duce the impact of the next big one. We late colleague and friend Senator happen again in the future and the in- would make a mistake if we didn’t Frank Lautenberg. He and I worked vestment we need to make in our infra- think about what we need to do to ad- against many who did not want to pro- structure to avoid future damage from dress not just the symptoms of climate vide New Jersey the disaster relief we future storms. change but the underlying cause itself. needed. We were in the midst of a debt The Sandy Recovery package we We have been joined on the floor by ceiling debate, a fiscal cliff at the end passed last year included $13 billion in my colleague Senator MENENDEZ from after a congressional session, and even critical funding I sought to help re- New Jersey. Through the Presiding Of- after Sandy relief had passed the Sen- store our transit and highway systems ficer, let me just say to my colleague, ate with bipartisan support, the House from what they looked like then, as we have some folks here today from Republican leadership chose not to im- you can see in this photograph. Delaware who ended up, as I said ear- mediately bring the relief package to a The Port Authority was able to re- lier, in New Jersey, and I think in New vote, unnecessarily delaying our recov- pair the PATH station at Hoboken and York. Our State was hit, but nothing ery from Sandy by 6 weeks. harden electrical equipment to prevent like the Senator’s State. These folks, There were those in Congress who be- future damage. NJDOT was able to ele- serving in the spirit of the Good Sa- lieve that even in times of disaster and vate roads that were washed away by maritan, with the encouragement and crisis we are on our own. I don’t believe Sandy. actually the organizational skills of that. I believe we are all in this to- At the end of the day, the legislation the Red Cross, came to his State, gether and in times of crisis we come included necessary policy reforms that across the Delaware River, in order to together as a community. helped streamline recovery efforts and lend a hand to people they didn’t know, That is why when the State of New improve FEMA’s Public Assistance had never met, and will probably never Jersey submitted its application last Programs, allowing us to rebuild what see again. March to use $1.83 billion in Federal was in place before the storm and build Someday the tables will be turned, Sandy relief to help thousands of it stronger and better than before. someday it will be our State, someday homeowners and small businesses re- Since then, almost $400 million in it will be Delmarva that is reeling from build, the Obama administration, FEMA grants have been approved to the impact of such a storm. We know through HUD Secretary Donovan, ap- help individuals and families recover. when that happens, the Senator will be proved the application in April, the fol- That is over $341 million for housing there for us as well. lowing month. assistance and more than $54 million I am pleased to yield the floor for my We have come a long way since Octo- for additional needs. friend from New Jersey. ber 29th when Sandy made landfall in Homeowners, renters, and business The PRESIDING OFFICER. The Sen- southern New Jersey. One hundred and owners have received over $764 million ator from New Jersey. fifty-nine people lost their lives, 8.5 in SBA disaster loans and $314 million Mr. MENENDEZ. Mr. President, let million customers lost power, more in FEMA Public Assistance grants to me start by thanking my distinguished than 650,000 homes were damaged and help local communities and local non- colleague, the senior Senator from 40,000 in our State were severely dam- profits that serve the public and pro- Delaware, for his remarks, and the peo- aged or destroyed. vided relief. ple of Delaware who came to New Jer- Here is a perfect example of how far National Flood Insurance Program sey to help us. That is the essence of we have come. You can see here the payments to New Jersey have amount- why we call this great country the damage Sandy brought on this home ed to $3.5 billion to help people rebuild United States of America. In moments one year ago today. And, as you can see and get their lives back on track. In of challenge and adversity we come to- in this second photo, today it is well on New Jersey alone, more than 261,000 gether. We appreciate the Delawareans its way to being fully restored. But we people contacted FEMA for help and who came to help us. We hope we never have a long way yet to go in every information and over 126,000 homes have to repay the kindness, but if per- community to fully recover from the have been inspected. chance it comes, we will. extent of the damage and to make fam- While these numbers show the I come to the floor on this anniver- ilies and businesses whole again. progress we have made, the reality is sary of Superstorm Sandy a year ago. A year ago, this headline ran in the that for thousands of people in New We all remember what has now become Record: ‘‘Business losses mount; Some Jersey, recovery is a round-the-clock, an iconic photo. It is hard to believe choosing to close rather than rebuild.’’ 24–7 effort. that it has been 1 year since Sandy, but Hundreds of thousands of businesses Many New Jersey families have been it has. For a year, under difficult and were forced to close, causing an esti- hit with the ‘‘triple whammy,’’ having trying circumstances, New Jerseyans mated $65 billion in economic loss and been flooded by Sandy, then facing re- have pulled together, worked together, resulting in emergency declarations or pair and mitigation costs and then fac- and helped each other to recover. I rise disasters in 13 States up and down the ing astronomical increases in flood in- today in praise of their tenacity, their East Coast. surance costs built into a flood reform resilience, their spirit of community, In a matter of minutes, people had bill that was passed before Sandy hit. and remembering all of the hard work lost loved ones, they lost their homes, Even as we slowly recover from the of the many first responders, Federal, their property, and their livelihoods, worst natural disaster in our State’s State, and local officials, community but they stood strong and began to re- history, a manmade disaster is looming leaders, and volunteers who helped in build. Beyond the headlines of this in the distance, jeopardizing our recov- those recovery efforts. story, we see the Jersey spirit that ery. Just yesterday I was with Secretary came through in person after person. The combination of updated flood Donovan in New Jersey to announce Despite the uphill climb, New Jersey maps and the phaseout of premium another $1.4 billion in community de- rebuilt one home at a time, one busi- subsidies for the National Flood Insur- velopment grant disaster relief fund- ness at a time, one community at a ance Program threatens to force vic- ing. This is $1.4 billion in flexible-use time. That’s what makes us Jersey tims out of their homes and destroy en- funding that comes in addition to the Strong. tire communities. $1.8 billion we have already received For 10 days, millions along the East Many homeowners will be forced to from the hard-fought $60 billion dis- Coast lived without power, without pay premiums that are several times aster relief package we secured a year phones, seniors were stranded on the higher than the current rate they pay. ago. We secured that funding after a upper floors of buildings where ele- Those who cannot afford the higher long debate over whether we as a na- vators were out, and the loss of power premiums will be forced to either sell

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7593 or be priced out of their home—prob- dreams of a better life for themselves tions of the Senate, and for assisting ably at a fire-sale price. This in turn and their families. me in making the most of my time will drive down property values and In New Jersey, we proved that—at here. local revenues at the worst possible every level of government—with var- One thing I did know for certain time. ious agencies working together—we all when I arrived here in June was that I I have heard from countless New came together. There can be no toler- wanted to use my time as effectively as Jerseyans, many who have come to me ance of partisan division when it comes possible. To the extent I have, I have so in tears, who are facing this predica- to the future of my State or any many of my colleagues to thank. The ment. These are hardworking middle State’s efforts to help families rebuild senior Senator from New Jersey, who class families, who played by the rules, from a disaster like Sandy. The storm will have to break in another new Sen- purchased flood insurance, and are now was extraordinary, but what makes me ator from our State, has been a sup- being priced out of their home. extraordinarily proud is that New portive colleague. I truly appreciate In order to stop this manmade dis- Jerseyans rose to the challenge as they his willingness to assist me in my time aster from doing even more damage, I always do. in the Senate. I thank the Senator. am leaving the floor in a few minutes There is much work left to do. We The Republican leader has gone and going to introduce bipartisan legis- have learned that recovery from a dis- above and beyond to give me the oppor- lation to take a time-out and assess aster is not a one-size-fits-all endeavor. tunity to work and make a difference the impact these premium hikes will Full recovery from Sandy will take during my tenure here, and I thank have on homeowners and the flood in- more than a village. him very much. surance program as a whole. But at the end of the day the biggest I also thank the senior Senator from The Homeowners Flood Insurance Af- reason New Jersey has made the Delaware and the junior Senator from fordability Act, which we will be an- progress that it has, and why our State Oklahoma for agreeing to my request nouncing in a few minutes, would delay will come back better and stronger to hold a hearing on human trafficking flood insurance premium increases im- than before, is because of the people in the Homeland Security and Govern- posed in the Biggert-Waters legislation who live there. It hasn’t been easy. But ment Affairs Committee. Eliminating for most primary residences until I have never been more proud to rep- human trafficking or, more directly, FEMA completes an affordability study resent the people of New Jersey than I abolishing modern-day slavery has that I had offered, and proposes a regu- have during this last year since Sandy been a priority for me throughout my latory framework to address the issues struck. career in public service. The chairman found in the study. I have seen the best of who we are and ranking member of the committee This will give current homeowners and what we can do when we pull to- could not have been more helpful in my some breathing room before their flood gether, each of us working for the re- efforts to raise awareness of this evil insurance premiums go up. For pro- covery of all of us. Looking back at the crime, a crime that robs people of their spective homebuyers, the certainty last year, I would say we are all New innocence and dignity, taking a ter- that they will not see their rate dra- Jersey proud as well as New Jersey rible toll on our victims and society as matically increase simply because they strong. a whole. purchased a home is critically impor- I yield the floor. The junior Senators from New Hamp- tant to maintaining property values. The PRESIDING OFFICER. The Sen- shire and North Dakota, both former At the end of the day, we look back ator from New Jersey. attorneys general themselves, stood at the year since the storm struck and FAREWELL TO THE SENATE alongside me in this effort. When I first remember those who lost their lives Mr. CHIESA. Mr. President, nearly 5 spoke with them about my desire to and those who came together to help months ago I had the high honor to hold a hearing, they immediately their neighbors rebuild. We remember stand in this historic Chamber, sur- agreed to work with me to make it the efforts of first responders and gov- rounded by my family, and be sworn in work as productively as possible. I am ernment and community leaders pull- as a Member of the Senate. My service grateful to them for partnering with ing together. as a Senator will soon draw to a close, me and I know they will continue to It is often said that ‘‘the hardest so I wish to take this opportunity to make this issue a top priority. steel must go through the hottest share with my colleagues a few I also thank the senior Senator from fire,’’ and Sandy tested what we were thoughts before I leave. Arizona for attending and contributing made of. I want to begin by thanking Gov- to the hearing on a day when no votes When we look at this photograph of ernor Christie for providing me with were scheduled and for his strong com- twisted metal that once was a this incredible opportunity. Our profes- mitment for righting this terrible rollercoaster, we associate it with the sional relationship, and our friendship, wrong. These are important and force- destruction of Sandy, but we also asso- began more than 20 years ago as young ful voices for the victims of human ciate it with how far we have come and lawyers working together in a New Jer- trafficking, and I appreciate their sup- what we have learned. We learned that sey law firm. We had our entire careers port of my efforts. it is not enough to live in a commu- ahead of us. If someone had suggested I want all of my colleagues to know nity, we have to be part of it. We have that one day Chris Christie would have I will continue to work to abolish this to remember that citizenship comes been Governor, I would not have been scourge on our Nation and on the en- with responsibility not just to our- surprised. I would, however, have dis- tire human family. I hope they will feel selves, but to each other. missed out of hand any suggestion that free to call on me if I can ever be help- In the face of Sandy—in the after- I might someday be the New Jersey at- ful to them in their efforts, just as I math, the tragedy, and the loss—we torney general, let alone a Member of may call on them from time to time. pulled together as a community. We the Senate. So many of my colleagues have made worked together, helped each other re- To have served here representing the this a wonderful experience, and I am build lives, businesses, homes, our people of New Jersey has to rank as the proud to call all of them my friends. beaches and boardwalks—and, in doing greatest honor of my professional life. I know I looked pretty lost on more so, we strengthened New Jersey’s sense I will always be grateful to Governor than one occasion here, but I always of pride and a belief that we are, in Christie for the confidence he has had someone pointing me in the right fact, all in this together. It is that spir- shown in me by appointing me, and I direction. I am particularly grateful to it, that unity, that has made New Jer- will always be thankful for the wonder- my good friends from Utah, Wyoming, sey stronger and better than before. ful opportunities he has given me, time Tennessee, Ohio, and Illinois, who have Let me conclude by saying that re- and again, to serve in public life. repeatedly helped me over the past 5 covery from any disaster depends on I also thank my colleagues in the months both by listening and also pro- our continuing cooperation within our Senate from both sides of the aisle who viding good advice. communities at every level of govern- have gone out of their way to make me As every Senator knows, the work we ment. The business of government is feel welcome, to help me navigate the do here would not be possible without people—their lives, their hopes, their sometimes confusing rules and tradi- the work of the people who serve on

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7594 CONGRESSIONAL RECORD — SENATE October 29, 2013 our staffs. I have been incredibly fortu- Soon there will be a new Senator- turn out to do an extraordinary job. nate to have an outstanding group of elect from New Jersey who will stand Sometimes I wonder—with tongue in people on my Senate staff—a group where I stood just a few months ago to cheek—if maybe that is not a better that jumped right in with me on very be sworn in. When he takes his place in approach, in some cases, for populating short notice and a group I am so proud this body, he will be joining a long list this place with men and women from to have worked with. They were fully of dedicated public servants who have across the country. aware that their tenure, like mine, served New Jersey—stretching back to The Senator from New Jersey has would be short. They interrupted and, the very first Congress. I urge him to been here for 5 tumultuous months, in many cases, disrupted their lives to continue to work as hard for the people and he has seen the good, the bad, and serve with me. of our State as he did while serving as the ugly—in some cases the very ugly. My chief of staff Donna Mullins did the mayor of New Jersey’s largest city. If we had more people who would bring an amazing job assembling a talented I know he will always put the people of Senator CHIESA’s values and commit- and dedicated group of professionals to New Jersey first. ment to comity—not comedy with a serve both here in Washington and New Jersey’s new Senator will have a ‘‘d,’’ but comity with a ‘‘t’’—commu- back in New Jersey. Their willingness very long list of priorities waiting for nicating, and his willingness to com- to do so reflects their commitment to him when he arrives in Washington— promise, not on principles but on pol- the people of New Jersey, the Senate, all of them important. There is one icy, this would be a better place and a and to our Nation. Some of them I have area that will require his immediate better country. worked with for years, others only for and ongoing focus, and that is New Jer- As the chairman of the Homeland Se- a few short months. All of them have sey’s continued effort to recover and curity and Government Affairs Com- earned my everlasting respect and rebuild from the devastation of mittee, I say on behalf of TOM COBURN, friendship. Superstorm Sandy, which struck my ranking Republican—and on behalf of I want to acknowledge each of them State a year ago today. Working to- those of us who have the privilege to by name: Donna Mullins, John Lutz, gether New Jerseyans have made in- serve on that committee—what a privi- Tomi-Anne Nolino, Nick DiRocco, credible progress in coming back from lege it has been for the Senator from Jeannette Larkins, Chip Sinders, Ken what the storm delivered, but our work New Jersey to be one of our members. Lundberg, Bob Bostock, Ryan Berger, continues. We are joined on the floor by Senator Krista Powers, Tyler Yingling, Marissa For those who have suffered so much BARRASSO, and it has been my privilege Watkins, Michael Rebuck, Chris loss, a year seems like an eternity. to serve on the Environment and Pub- Mindnich, Taylor Holgate, Nicole They must know that until all the lic Works Committee with him. As Dube, Jamie Rhoades, Michael Pock, damage done by the storm is undone, Senator BARRASSO knows, JEFF CHIESA and Shante Palmer. They reflect the and until all the work needed to pro- best of public service, and I will always came early and stayed late. He asked tect our State and its people and their great questions and brought forth good be thankful to them and the work we property from future storms like this have done together. issues—including the issue of human is completed, we will not rest. trafficking, which has reminded us in Of course, the greatest thanks goes As I prepare to make the transition extraordinary ways of the terrible situ- to my family. My wife Jenny and our back to private life, I do so with a deep ation that is faced by millions of children Al and Hannah have always sense of gratitude to all of those who women and children in this country given me their unconditional love and made my service in the Senate pos- and around the world. That is a gift the support. I could not have done this sible, and an even deeper sense of hu- Senator from New Jersey has brought without them. I am lucky to have mility for having been given this op- to this body, and I think ultimately to them. portunity. I was born and raised in New Jersey. This has been, for me, a remarkable 5 our country. It is not just my home State, it is my months. I know I will in the years Senator CHIESA is going to leave us home in every sense of the word. The ahead look back on this time with now and sail off into the sunrise, and honor of representing the people of my gratitude and appreciation for the we look forward to having our paths State—my friends, my neighbors—is al- privilege of having served the people of cross many times in the future—maybe most beyond description. After all, New Jersey and the Senate of the even in Delaware on a summer vaca- there could be no greater calling for United States of America. tion. My friend can bring his wife any citizen than to have the oppor- I thank the Presiding Officer, and I Jenny and his two kids. He is always tunity to represent the people of your yield the floor. welcomed in the first State. State in the highest councils of govern- The PRESIDING OFFICER. The Sen- Good luck, God bless, and Godspeed. I ment. Although the past 5 months have ator from Delaware. thank my friend for serving our coun- passed very quickly, my deep sense of Mr. CARPER. Mr. President, while try and his State so well. gratitude for the opportunity to serve Senator CHIESA is still on the floor, I The PRESIDING OFFICER. The Sen- will stay with me for the rest of my want to take a moment to say to him ator from Wyoming. life. how much we have enjoyed getting to Mr. BARRASSO. Mr. President, I My experience as a Member of this know him, work with him, and come wish to add in a bipartisan way my body has confirmed what I already away with a wonderful—not just a first thanks to Senator CHIESA for his serv- thought was true—every Member of the impression but a lasting impression. ice and add to the kind words the Sen- Senate is a dedicated public servant. Governor Christie did the State of New ator from Delaware has spoken of our Every Senator is deeply committed to Jersey well by appointing Senator friend and our colleague. the work they do. Every Senator is CHIESA to serve as the interim Senator. In Wyoming we talk about the code here because he or she wants to con- We had a similar experience with los- of the West, and there are 10 parts to tribute to the centuries-old work of ing an elected Senator when JOE BIDEN that code, but No. 1 is live each day forming a more perfect union. We do was elected as Vice President and to with courage; and No. 2 is take pride in not always agree on how this is best the Senate at the same time. He had to your work. Members on both sides of accomplished, but vigorous, respectful choose between being the Senator from the aisle have seen that sort of code debate is critical in a government such Delaware or Vice President. I don’t lived day by day by the Senator from as ours. know if he ever regrets it, but he made New Jersey who has joined us. There is so much talent, so much the choice to be our Vice President, as I join my colleague from Delaware in commitment, and so much love of we know. The Governor of our State thanking our friend from New Jersey. I country here. I urge my colleagues to appointed Ted Kaufman to serve as the say that with great admiration, great advance their efforts to find common interim Senator for 2 years, and he was appreciation, and deep respect for his ground in pursuit of their common pur- subsequently succeeded by CHRIS COONS time in the Senate, and I know we are pose, to continue to advance the suc- when Chris was elected a couple of going to continue to hear great things cess of the country we love and secure years ago. from him in the future. the blessings of liberty for the people We have a tradition of folks who are I thank the Presiding Officer, and I we serve. appointed as interim Senators who yield the floor.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7595 The PRESIDING OFFICER. The Sen- Tomorrow, the budget conference occurs on agreeing to the motion to ator from Montana. committee will begin discussions on a proceed to S.J. Res. 26. Mr. BAUCUS. Mr. President, I ask plan to resolve the fiscal challenges be- Mr. DURBIN. Madam President, I ask unanimous consent to speak for such fore us. The conference will be led by for the yeas and nays. time as I may consume. Chairman MURRAY and Chairman The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without RYAN. They are smart, hardworking sufficient second? objection, it is so ordered. and solutions oriented and I am con- There is a sufficient second. Mr. BAUCUS. Mr. President, Frank- fident they can craft a compromise. The clerk will call the roll. lin Delano Roosevelt said: I began my remarks with a quote Mr. CORNYN. The following Senator Our capacity is limited only by our ability from President Roosevelt and I will is necessarily absent: the Senator from to work together. What is needed is the will. close with another. Roosevelt once Oklahoma (Mr. INHOFE). I have just returned from a week at said: The PRESIDING OFFICER. Are there home in Montana traveling from Fort The great test for us in our time is whether any other Senators in the Chamber de- Benton to Billings to Bozeman. I vis- all the groups of our people are willing to siring to vote? ited with constituents from all across work together for continuing progress. The result was announced—yeas 45, our State. At each one of my meetings, Today, we face our test. Can we work nays 54, as follows: the conversation would touch on the together for continuing progress? [Rollcall Vote No. 220 Leg.] first snow of the season or football and I strongly urge Members of the Sen- YEAS—45 the Bobcats or the Grizzlies. Those are, ate to reject the resolution before us. Alexander Cruz McConnell in this case, football teams. But inevi- It is a step backward, a return to shut- Ayotte Enzi Moran tably every conversation turned to the Barrasso Fischer Murkowski downs and showdowns. Enough is Blunt Flake Paul challenges we face in Washington and enough. Instead, we must find the will Boozman Graham Portman the standoff we just had over the coun- to work together for progress, for the Burr Grassley Risch try’s borrowing limit and funding the good of our economy and the good of Chambliss Hatch Roberts Chiesa Heller Rubio government. our country. Coats Hoeven Scott People have lost faith in our ability Thank you. I yield the floor. Coburn Isakson Sessions to serve them. They are worried about ∑ Mr. INHOFE. Mr. President, earlier Cochran Johanns Shelby what the dysfunction means for the fu- Collins Johnson (WI) Thune this month, I expressed my opposition Corker Kirk Toomey ture of our country. to S. 1569, which allowed our debt limit Cornyn Lee Vitter For more than 2 weeks, Congress was to increase through February 7, 2014. Crapo McCain Wicker stuck in a stalemate, unable to agree Today, the Senate considers S.J. Res. NAYS—54 on a course for our Nation. The polit- 26, which would reject the suspension Baldwin Harkin Murray ical standoff shook America’s con- in the debt limit and immediately halt Baucus Heinrich Nelson fidence and threatened the global econ- any new debt issuances by the United Begich Heitkamp Pryor omy. Thankfully, compromise was able States. I support this resolution. Bennet Hirono Reed Blumenthal Johnson (SD) Reid to overcome conflict. Cooler heads fi- My position remains unchanged from Boxer Kaine Rockefeller nally prevailed. But our Nation didn’t earlier this month. Our national debt is Brown King Sanders emerge from the fight unscathed. topping $17 trillion and has nearly dou- Cantwell Klobuchar Schatz The 16-day government shutdown Cardin Landrieu Schumer bled since the beginning of the Obama Carper Leahy Shaheen took a $24 billion bite out of the U.S. administration. If we allow the Nation Casey Levin Stabenow economy, according to Standard & to continue on its current path, it will Coons Manchin Tester Poor’s. The rating agency now projects only lead to economic destruction. Al- Donnelly Markey Udall (CO) the U.S. economy will only grow at 2.4 Durbin McCaskill Udall (NM) lowing the debt to continue increasing Feinstein Menendez Warner percent in the fourth quarter as op- without any commonsense solutions to Franken Merkley Warren posed to the already slow 3 percent pre- rein in the federal government would Gillibrand Mikulski Whitehouse dicted prior to the shutdown. That is a be irresponsible and reckless. Hagan Murphy Wyden staggering self-inflicted wound, and de- The recent increase in the debt limit NOT VOTING—1 faulting would have been even worse. is President Obama’s sixth since com- Inhofe Thankfully, that didn’t happen. ing to office. In that time, no signifi- The motion was rejected. Leader REID and Minority Leader cant action has been taken to reduce f MCCONNELL were able to find the will the long term trajectory of the debt. If and come together to provide a path we continue to do nothing to rein in EXECUTIVE SESSION that averted default. Their bipartisan spending, the national debt will sky- legislation, passed on October 16, rocket to $25 trillion in the next dec- NOMINATION OF RICHARD F. GRIF- pulled us back from the brink. It cre- ade. Even the President agrees with FIN, JR., TO BE GENERAL COUN- ated a conference committee to nego- these numbers. We cannot allow this to SEL OF THE NATIONAL LABOR tiate a budget compromise and it gave happen, which is why I support the res- RELATIONS BOARD the President the power to suspend the olution prohibiting a continued suspen- debt limit until early February. It also sion of the debt limit.∑ The PRESIDING OFFICER. Under gave Senators an opportunity to object f the previous order, the Senate will pro- and overturn the suspension using ceed to executive session to consider what is called a resolution of dis- RECESS the following nomination which the approval. That is what we are consid- The PRESIDING OFFICER. Under clerk will report. ering today. the previous order, the Senate stands The assistant legislative clerk read I strongly urge my colleagues to rein recess until 2:15 p.m. the nomination of Richard F. Griffin, ject this resolution. For the good of Thereupon, the Senate, at 12:29 p.m., Jr., of the District of Columbia, to be our economy, it cannot pass. Passing recessed until 2:15 p.m. and reassem- General Counsel of the National Labor this resolution would plunge this Na- bled when called to order by the Pre- Relations Board. tion back into the same economic cri- siding Officer (Ms. BALDWIN). The PRESIDING OFFICER. Under sis we were facing just a few weeks ago. f the previous order, there will be 2 min- With economic confidence still suf- utes of debate equally divided in the fering from the shutdown, another debt DISAPPROVING OF THE PRESI- usual form prior to a vote on the mo- ceiling crisis could drive the Nation— DENT’S EXERCISE OF AUTHOR- tion to invoke cloture on the nomina- and the world—back into recession. We ITY TO SUSPEND THE DEBT tion. cannot let that happen. It is time to be LIMIT—MOTION TO PROCEED— Who yields time? The Senator from responsible leaders. Congress needs to Continued Iowa. stop governing from one self-created The PRESIDING OFFICER. Under Mr. HARKIN. Madam President, we crisis to another. the previous order, the question now are getting ready to vote to end debate.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7596 CONGRESSIONAL RECORD — SENATE October 29, 2013 This is a cloture vote on the nomina- [Rollcall Vote No. 221 Ex.] Environmental Protection Agency and tion of Richard Griffin to serve as gen- YEAS—62 its activities, which I know are as im- eral counsel of the National Labor Re- Alexander Franken Murkowski portant to the Presiding Officer as they lations Board. As I stated yesterday, Ayotte Gillibrand Murphy are to me, as well as gun rights and the this is an important role for making Baldwin Hagan Murray war on terrorism. Baucus Harkin Nelson President Obama argues the DC Cir- sure the NLRB can do its job. Begich Heinrich Pryor This summer, as we know, we voted Bennet Heitkamp Reed cuit Court needs three more judges in to fill the Board with the requisite Blumenthal Hirono Reid order to get its work done, but the Blunt Johnson (SD) Rockefeller facts simply don’t bear that out. That number of Republicans and Democrats Boxer Kaine Sanders on the Board. I thought that was a Brown King is not true. For example, between 2005 Schatz good vote. This is the one left over; Cantwell Klobuchar and 2013, the DC Circuit’s total number Cardin Landrieu Schumer of written decisions per active judge that is, the general counsel position. Shaheen Carper Leahy actually went down by 27 percent. The Mr. Griffin is very well qualified. He Casey Levin Stabenow has been thoroughly vetted. Collins Manchin Tester number of appeals filed with the court Udall (CO) fell by 18 percent. So instead of having I have received absolutely not one Coons Markey Corker McCain Udall (NM) more work to do, it has less work to do objection to his qualifications or his Donnelly McCaskill Warner than it did in 2005. background. He has had 30 years’ expe- Durbin Menendez Warren Feinstein Merkley Whitehouse As one commentator has observed: rience as a labor lawyer and he de- The DC Circuit already has the lowest serves strong bipartisan support. I urge Flake Mikulski Wyden NAYS—37 caseload in the Nation and, if any- my colleagues to vote for cloture so we thing, trends show their workload is can get to the vote later today. Barrasso Graham Portman decreasing—decreasing, going down— The PRESIDING OFFICER. The Sen- Boozman Grassley Risch Burr Hatch Roberts not up. ator from Tennessee. Chambliss Heller Rubio Indeed, one DC Circuit Court judge Mr. ALEXANDER. Madam President, Chiesa Hoeven Scott recently told the senior Senator from I am not going to vote to confirm Mr. Coats Isakson Sessions Coburn Johanns Iowa that if any more judges were Griffin because I think his nomination Shelby added now, there wouldn’t be enough Cochran Johnson (WI) Thune to be general counsel to the Board does Cornyn Kirk Toomey work to go around. So one might won- Crapo Lee not do anything to keep it from mov- Vitter der why then the President and Sen- Cruz McConnell Wicker ing toward advocacy instead of being Enzi Moran ator REID would want to pack the DC an umpire. But I do think it is time to Fischer Paul Circuit Court with three additional close the debate and have an up-or- NOT VOTING—1 judges if there is not enough work to down vote. I am going to vote yes on go around today. cloture. Inhofe Let me also note the DC Circuit The PRESIDING OFFICER. Three- CLOTURE MOTION Court has a unique record in that it ac- fifths of the Senators duly chosen and tually took 4 months off between May The PRESIDING OFFICER. Under sworn having voted in the affirmative, and September of this year. That is the previous order, the cloture motion the motion is agreed to. hardly the record of a court that has having been presented under rule XXII, Pursuant to Senate Resolution 15 of too much work to do and simply can’t the Chair directs the clerk to read the the 113th Congress, there will now be 8 get it done. motion. hours of debate on the nomination Meanwhile, there are courts across The legislative clerk read as follows: equally divided in the usual form. our country, both appellate courts and CLOTURE MOTION The Republican whip. district courts, that are overburdened. We, the undersigned Senators, in accord- Mr. CORNYN. Mr. President, in the Some of these courts are labeled as ju- ance with the provisions of rule XXII of the aftermath of the battle over the con- dicial emergencies because they simply Standing Rules of the Senate, hereby move tinuing resolution and the debt ceiling, have such a heavy caseload they can’t to bring to a close debate on the nomination I am sure I am not alone in hearing get the work done. Why wouldn’t we of Richard F. Griffin, Jr., of the District of from my constituents they are hoping want to allocate more judicial re- Columbia, to be General Counsel of the Na- that Democrats and Republicans can sources, more help, to those courts tional Labor Relations Board. Harry Reid, Brian Schatz, Barbara now work together on some of the most that need the help rather than to pack Boxer, Carl Levin, Bill Nelson, Jeff important and chronic problems that the DC Circuit Court with judges it Merkley, Robert P. Casey, Jr., Debbie challenge our country. But instead of simply doesn’t need? Stabenow, Mark R. Warner, Tammy doing that, my friends across the aisle Don’t just take my word for it. Baldwin, Jeanne Shaheen, Kirsten E. have taken this opportunity to engage Prominent Democratic leaders have ac- Gillibrand, Mark Udall, Tom Udall, Mi- in what can only be described as a tually made no secret of what is hap- chael F. Bennet, Amy Klobuchar, Eliz- power grab that will result in even pening here. One might wonder what abeth Warren, Ron Wyden. more polarization and partisan acri- the rationale is, if there is not enough The PRESIDING OFFICER. By unan- mony here in Washington. work to do. Why would Senator REID imous consent, the mandatory quorum What I am talking about specifically and other Democratic leaders want to call has been waived. is the effort of the President and add new judges to a court that doesn’t The question is, Is it the sense of the Democratic leadership to pack the Dis- have enough work to do? Well, back in Senate that debate on the nomination trict of Columbia Court of Appeals. For March, the senior Senator from New of Richard F. Griffin, Jr., of the Dis- those who may not follow the Federal York, Senator SCHUMER, said the fol- trict of Columbia to be General Coun- court system, America has 13 different lowing of the DC circuit judges: sel of the National Labor Relations Federal appellate courts, but the DC Here’s what they have done in the last Board shall be brought to a close? court stands out as the most powerful year: They have overturned the EPA’s abil- The yeas and nays are mandatory ity to regulate existing coal plants . . . They in the country. Some have called it the have rendered the SEC impotent by saying under the rule. second most important court in the that the SEC can’t pass rulings unless they The clerk will call the roll. Nation because it has jurisdiction over do what is called a cost-benefit analysis . . . The assistant legislative clerk called a variety of regulatory and constitu- They have ruled that recess appointments the roll. tional matters. Whether it relates to couldn’t be taken into account. Mr. CORNYN. The following Senator Dodd-Frank in financial services, to Senator SCHUMER also said: is necessarily absent: the Senator from ObamaCare and its implementation, or We will fill up the DC circuit one way or Oklahoma (Mr. INHOFE). to national security matters, all of another. The PRESIDING OFFICER (Mr. those types of cases get heard in the Well, I disagree with Senator SCHU- MANCHIN). Are there any other Sen- DC Circuit Court. No other appellate MER’s characterization on some of ators in the Chamber desiring to vote? court in the Nation wields such vast in- these cases, but it is true the DC Cir- The yeas and nays resulted—yeas 62, fluence over hot-button issues, rang- cuit Court has a unique role in Amer- nays 37, as follows: ing, as I said, from health care to the ican jurisprudence in deciding some

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7597 very important cases for the entire In another example last year, the learned to strike a balance and cer- country. There are administrative court vacated the cross-State air pollu- tainly is not pro-administration or agencies that are part of the executive tion rule of the Environmental Protec- anti-administration. It epitomizes branch, and when they make deci- tion Agency, noting it would ‘‘impose what a court should be, which is an im- sions—whether it relates to financial massive emissions reduction require- partial administrator of justice. Again, services, the Environmental Protection ments’’ on certain States ‘‘without re- this same court upheld the Affordable Agency, Health and Human Services, gard to the limits set by the statutory Care Act in 2011, ruling that the indi- or any administrative agency—those text.’’ vidual health insurance mandate was decisions typically get decided and re- In other words, they acted beyond constitutional under the commerce viewed by the DC Circuit Court of Ap- their congressional authorization. This clause. We know what happened when peals. was also an example, in Texas—Texas it got to the U.S. Supreme Court. They More recently, the majority leader got swept into this cross-State air pol- had a different view. put it this way when he said: lution rule without even an oppor- It demonstrates the kind of judicial We’re focusing very intently on the DC Cir- tunity to be heard and to offer com- restraint that the current DC court, cuit. We need at least one more. There’s peting analyses of the models the Envi- balanced as it is with four nominees by three vacancies. We need at least one more ronmental Protection Agency used. No a Republican President and four nomi- and that will switch the majority. matter how committed we all are to nees by a Democratic President—how So this isn’t about the efficient ad- clean air, we should not sanction an it has administered evenhanded jus- ministration of impartial justice. This administrative agency run amok, doing tice, which would be destroyed if the is about stacking the court by chang- what is not authorized by the statutory President is successful and if Senator ing the majority. That was a quote text. REID is successful in packing this court from the majority leader of the Senate. The DC Circuit has also rejected as with three more of their liberal allies. So there is no mystery about what is unconstitutional a pair of appoint- As I said, this court is currently split going on here. The majority leader and ments the President made to the Na- right down the middle. Four of the ac- his allies are attempting to pack the tional Labor Relations Board. Talk tive judges were appointed by a Repub- court with judges who will about overreach. This is where the lican President and four were ap- rubberstamp their big-government President tried to trump the confirma- pointed by a Democratic President. Yet agenda. tion powers of the U.S. Senate in the it is clear that the DC Circuit Court is The majority leader is also threat- Constitution—the power of advice and in the crosshairs of the majority leader ening to use the nuclear option again consent, it is called—by making uncon- unless Senate Republicans simply snap and his Democratic allies, including stitutional so-called recess appoint- to attention and salute smartly. Well, the President, because they want to ments. The DC Circuit called him on it that is not going to happen. In simple tilt the court in their direction—a and held that it was unconstitutional. terms, Democrats are prepared to vio- more liberal, bigger government direc- More recently, the court held that tion, one that is more deferential to late the Senate’s own rules to help flip the President’s Nuclear Regulatory the DC circuit in favor of the Obama administrative agencies, such as the Commission was simply flouting the Environmental Protection Agency and administration’s aggressive adminis- law. Do we not want a court to call the trative overreach. If these tactics suc- other agencies that refuse to take into President when administrative agen- ceed, the Senate will be weakened as account a cost-benefit analysis, which cies are simply flouting the law if we an institution and the Nation’s second we ought to have more of, not less. are a nation of laws? In this case, they highest court will be transformed into The truth is that there is an answer flouted the law by delaying a decision a far-left ideological body. to this standoff in terms of the court- But I will remind my colleagues that on whether to use Yucca Mountain as a packing President Obama and Senator what goes around comes around in the nuclear waste repository. REID are attempting. There actually is These were all commonsense deci- Senate. When Republicans control the a way to reallocate these unneeded sions, and you can probably tell from Senate and we have a Republican in seats from the DC Circuit Court of Ap- my comments that I think they were the White House, I warn my colleagues peals to other courts that actually well grounded in the law and the facts the same rules they put into effect need the judges, unlike this court that with the nuclear option will be used to and I agree with the decision. In that has the lightest caseload of any circuit their disadvantage then. We shouldn’t case, they all went against the Obama court in the Nation. do it. We shouldn’t go there. administration’s preferred position, Senator GRASSLEY, the senior Sen- But it is clear what the motivation but it is true that the DC Circuit has ator from Iowa, has offered a reason- is. Again, this is not about the efficient also ruled in favor of the administra- able compromise which would allow administration of impartial justice. tion’s position in a number of cases. several of President Obama’s appellate This is about getting your way and get- Again, here is an EPA decision. Since nominees to be approved for district ting a rubberstamp on the actions of 2012, Jeremy Jacobs reports, the Agen- courts or courts of appeals where they regulatory overreach that are far too cy has won 60 percent of the cases that are actually needed. In other words, common here in Washington, DC. have been reviewed by the DC Circuit President Obama would still get to It is true the DC Circuit Court has Court of Appeals. In 60 percent of the pick them; he would just have to pick ruled against the Obama administra- lawsuits where the Environmental Pro- them for courts where they would actu- tion and its regulatory agencies, but it tection Agency has been taken to court ally have enough work to do and where is also true they have affirmed many of for exceeding its authority, 60 percent they are needed. the most important and far-reaching of the time the EPA position has pre- Again, based on current caseloads, decisions of the Obama administra- vailed. That is a better performance the DC Circuit Court does not need new tion’s regulatory agencies. One exam- than the EPA had at the circuit during judges, but other appellate courts real- ple where it ruled against the adminis- George W. Bush’s administration. In ly do. I would think that during a time tration is in 2011, when it struck down particular, the EPA has scored land- when judgeships are constrained after the ‘‘proxy access’’ rule of the Securi- mark victories related to greenhouse the Budget Control Act, when discre- ties and Exchange Commission by de- gas regulations, ethanol-blended gaso- tionary spending is down, and when the claring the agency failed to conduct a line, and mountaintop-removal coal courts need more resources allocated, cost-benefit analysis required by law mining. But beyond energy and envi- we would want to allocate the re- before adopting the regulation. ronmental issues, the DC Circuit Court sources to courts and to jurisdictions I don’t know about anyone else, but I has upheld President Obama’s Execu- where they are actually needed, not to wish the government would do more tive order regarding embryonic stem places where they are not needed. cost-benefit analyses, not less, and so I cell research on two separate occa- For all these reasons and more, I am glad the DC Circuit Court struck sions, in 2011 and 2012. hope Members of both parties will down that rule because of the failure of Again, these are not my preferred agree that the reasonable way to do it the Securities and Exchange Commis- outcomes, but I think they dem- would be to pass the Grassley bill, the sion to conduct a cost-benefit analysis. onstrate that the DC Circuit Court has Grassley compromise to reallocate

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7598 CONGRESSIONAL RECORD — SENATE October 29, 2013 these judges to the places where they or Louisiana or the Northeast. We are sense of responsibility toward one an- are really needed and to prevent the all in this effort together when disaster other—exemplified by the people of stacking of this court and this reckless strikes. We should rally around each Connecticut—has been remarkable. We power grab. other as the people of Connecticut ral- must resolve to do better at the Fed- I yield the floor. lied. eral level, and I hope that not only the The PRESIDING OFFICER. The Sen- Our response has to be quicker, storm itself but the shortcomings of ator from Connecticut. smarter, stronger than it was in this the relief effort will be a teaching mo- SUPERSTORM SANDY institution. We owe it to ourselves as ment for the Nation. Mr. BLUMENTHAL. Mr. President, I well as to the people who suffered the The evidence is irrefutable that cli- rise today in recognition of the 1-year financial and emotional loss. For many mate disruption is impacting our anniversary of Superstorm Sandy’s of them, there were physical injuries as oceans and atmosphere and leading to landfall in the Northeast and the de- a result of this natural disaster. an increasing number of severe weather struction it brought on a ruinous path Those two lessons are reinforced by a storm events across the country that through Connecticut, New York, New third, which is that these superstorms we cannot control. We will see more of Jersey, and Rhode Island. I will be have become a new normal. We can no such monstrous storms here and in joined today on the floor—and I ask longer regard the once-in-a-century other parts of the country. unanimous consent that we be per- storm as once every hundred years. I thank my colleagues, Senator mitted to engage in a colloquy—by my They are coming once every year be- WHITEHOUSE and Senator SCHUMER, colleague from New York, Senator cause climate disruption is increasing who have been strong and steadfast SCHUMER, and from Rhode Island, Sen- their frequency and force in a way that leaders in this effort to recognize the ator WHITEHOUSE, if there is no objec- is awesome and alarming and aston- effects of climate disruption and pre- tion. ishing. So another lesson is that there pare for them. The PRESIDING OFFICER. Without has to be preparation to prevent dam- Connecticut is in the process of up- objection, it is so ordered. age and to mitigate the effects of these grading our infrastructure to strength- Mr. BLUMENTHAL. Mr. President, I storms when they strike, and the in- en our resiliency among the most vul- can scarcely capture in words the awe- vestments—and they are investments— nerable communities. We are investing some, monstrous power of this storm have to be smart and strong, with in microgrids, often powered by hydro- as it hit the Northeast as I traveled means such as storm barriers, break- gen fuel cells manufactured in our there. I was near the coastline of Con- ers, better shoreline resilience. State, to provide backup power for hos- necticut, traveling some of the roads in Eventually, the Federal Government pitals and senior communities in towns the midst of this storm as it ripped provided aid, and Connecticut has put such as Preston and Franklin, which I through my State, tearing apart com- to good use the $200 million that was visited in the aftermath of the storm. munities along the coast, destroying distributed through the National Flood In Milford, residents are using HUD homes and businesses, displacing fami- Insurance Program to homeowners and funding to elevate their homes so they lies, and forever altering the shoreline business owners. Cities and towns can guard against these storm surges. itself. Anybody who questions the around my State have used $42 million Other coastal towns are employing power of nature at its most destructive in FEMA assistance, and more than $10 green infrastructure with marsh grass should have seen this storm as it un- million has gone toward health serv- to slow surging waters during storms. folded and the damage it left in its ices and facilities. As our Governor an- In Stamford, CT, my hometown, the wake—in fact, in Connecticut, $770 mil- nounced yesterday, an additional $65 city is using Federal aid to upgrade a lion in damages. million has been granted to the State 17-foot hurricane barrier by replacing What I remember from touring Con- to supplement the initial $72 million manual pumps to ensure against dam- necticut is not only the size and mag- from the Department of Housing and age to the city’s communities in future nitude of the destruction but also the Urban Development in the form of storms. I visited the shoreline of Stam- resilience and strength of Connecti- community development block grants ford, as I did up and down the coast of cut’s people as they struggled through for disaster relief. These new Federal Connecticut, and I have since, to see the pain and anguish of coping with dollars are critical to the effort of re- how Connecticut is learning these les- this devastation, wondering how they building, and I will continue to fight sons so we can reduce dollar costs as would ever rebuild. In fact, they have not only for additional funds but also well as human costs. The improve- rebuilt with the courage and relentless against the bureaucratic logjams and ments taking place across Connecticut strength and fortitude that have so redtape that have prevented so many speak volumes to our strength of will marked the character of Connecticut from receiving more timely aid. and mind and the determined character and New England and New York as This aid has come too slowly, it has of our people in Connecticut. they rallied around one another and ex- been too small, and it has been behind I express appreciation to colleagues, hibited that sense of optimism and the efforts—in time and strength—of such as Senators SCHUMER and WHITE- hope. It was as important as any mate- the people of Connecticut. I will con- HOUSE and others in this body, who rial resources that were brought to tinue to fight for increased aid, includ- helped us in a time of need. They came bear. They rallied around each other ing from the $100 million that was an- forth to provide encouragement and with gratitude and with hope because nounced yesterday and today—today’s support. They assured the people of they had each other, and they have announcement of the U.S. Department Connecticut that they are not alone. succeeded in clearing the debris, recon- of Interior of $100 million in the coast- No one in the United States—wheth- structing, rebuilding in a way that is line resiliency project. I will support er it is in the Presiding Officer’s State inspiring. all qualified applicants from Con- of West Virginia or in the western most I only wish Congress’s response was necticut securing some of this competi- part of Hawaii—should be alone after as effective and courageous as that of tive funding. We will fight for a fair al- being struck by a natural disaster. We the citizens of Connecticut that I location of this money to benefit the need to rally together. viewed in the storm’s aftermath. The important work Connecticut is doing I thank the Presiding Officer, and I Senate was slow to act, but it was be- to strengthen our coastline so that we yield the floor. fore the House in passing the $60 billion can prevent and reduce the effects of The PRESIDING OFFICER. The Sen- recovery package for the Northeast. these storms in the future. ator from Rhode Island. The effort was stalled in the House, I had the privilege to travel the State Mr. WHITEHOUSE. Before I join the quite bluntly, with bipartisan politics as a leader of a listening tour for the colloquy with Senators BLUMENTHAL of the worst kind and trivial obstruc- Hurricane Sandy Rebuilding Task and SCHUMER, I have two bits of house- tion. Force this past May, just over the half- keeping. There are lessons to be learned. No. 1 year mark from the time Sandy hit. Mr. WHITEHOUSE. Mr. President, I is that partisanship and politics should The progress made with this help ask unanimous consent that at 5 p.m. have no role in our response to disas- from the Federal Government, com- today all postcloture time on the Grif- ters, whether in Oklahoma or Colorado bined with the good will, drive, and fin nomination be yielded back, and

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7599 the Senate proceed to vote without in- such as ours, nearly everyone was Of course, even robust climate adap- tervening action or debate; the motion touched by Sandy. tation won’t let us off the hook in to reconsider be considered made and Rhode Islanders are resilient and we some places. New England can build laid upon the table with no intervening are recovering. Over $30 million has levees and dams to hold the waters action or debate; that no further mo- been paid out to Rhode Islanders for back, but the vast low areas of south- tions be in order; that any related more than 1,000 Federal flood insurance eastern Florida are porous limestone. statements be printed in the RECORD; claims. FEMA has approved more than Even if you built a giant dike, the that the President be immediately no- 260 projects for reimbursement. Over water would just seep in through the tified of the Senate’s action, and the $12 million has been put to repairing underlying limestone. Senate then resume legislative session. our State’s parks, wildlife refuges, and A study last year found that 3 feet of The PRESIDING OFFICER. Is there historic sites. Individuals and families sea level rise, which is what we pres- objection? Without objection, it is so received more than $423,000 in grants to ently expect, will hit more than 1.5 ordered. meet their immediate basic needs for million Floridians, and nearly 900,000 Mr. WHITEHOUSE. Mr. President, housing and other essential disaster-re- Florida homes—almost double the ef- this is my 48th trip to the floor to related expenses. fect on any other State in the Nation. mind Congress that it is time to wake The Federal Government will always So Florida should want to prevent as up to the threat of climate change. play a central role for communities much climate as possible, and that I am joined by Senators BLUMENTHAL such as ours, picking up after a dis- means cutting carbon pollution. and SCHUMER because 1 year ago today aster like Sandy. So it would make Ultimately, for the open market to Hurricane Sandy struck our States sense for the Federal Government to work, we need to include the full cost with frightening force. Now, a year learn from these events and be smart of carbon pollution in the price of fossil later, communities across the North- as we plan for future risks. fuels. Anything less is a subsidy to pol- east have dug out and are rebuilding, The Government Accountability Of- luters. What Florida should want is for but Sandy left a permanent mark on fice recently reported on the risks to Congress to enact a carbon pollution our coasts and on our consciousness. U.S. infrastructure posed by climate fee to correct the market, and then re- To be sure, we cannot say that this change. Roads, bridges, and water sys- turn that fee to American families. devastating storm was specifically tems are designed to operate for 50 to Ultimately, inaction is irresponsible, caused by climate change. However, 100 years. Well, 50 to 100 years from and Americans get it. Eighty-two per- Sandy showed the many ways we are now, our climate and our coastline will cent of Americans believe we should vulnerable to the undeniable effects of be very different. Sandy threw at start preparing now for rising sea lev- climate change, such as rising sea lev- Rhode Island’s shores Atlantic seas els and severe storms from climate els and warming oceans—effects that that had risen almost 10 inches since change. can in turn load the dice for more dam- the 1930s, against a shoreline that had Young Americans, in particular, see aging storms. already retreated more than 100 feet in through the phony climate denial mes- As evening fell on October 29, 2012, a some locations. As climate change pro- sage. Three-quarters of independent storm surge from the largest Atlantic gresses, more and more infrastructure young voters and more than half of Re- hurricane ever recorded swept against will be exposed to more and more risk. publican young voters would describe Rhode Island’s shores about 5 feet Earlier this year GAO added to its climate deniers as ‘‘ignorant,’’ ‘‘out of above mean sea level. A few hours High Risk List the United States finan- touch,’’ or ‘‘crazy.’’ Let me repeat that. later, waters peaked around New York cial exposure to climate change. GAO, The majority of Republican voters City—about 9 feet above mean sea our congressional watchdog, now warns under 35 would describe climate deniers level. A harrowing night followed for that it is fiscally irresponsible to ig- as ‘‘crazy,’’ ‘‘ignorant,’’ or ‘‘out of victims of Hurricane Sandy. It was a nore the signs of climate change. The touch.’’ Continuing the climate denial night that took more than 150 lives and President’s Hurricane Sandy Rebuild- strategy is not a winning proposition caused $65 billion in physical damage ing Task Force, and his Climate Action for our friends on the other side. Even and economic loss. Plan, both call for adaptation to this their own young voters see through it. Hurricane Sandy, or Superstorm risk from climate change—particularly Congress should wake up to the Sandy as many remember it, hit 24 for better coastal resiliency and pre- alarms that are ringing in nature and States with direct effects. Floodwaters paredness. to the voices of the American people. invaded homes and swept out roads. Here is an example of doing it right. One of the loudest alarm gongs was High winds knocked out power to 8.5 When hurricane Katrina hit the I–10 Hurricane Sandy. Voltaire said: ‘‘Men million homes and businesses, cutting Twin Span Bridge that crosses Lake argue, nature acts.’’ Well, nature a swath of darkness that could be seen Pontchartrain near New Orleans, it acted, driving epic winds and seas from space. An entire New York neigh- twisted and toppled the bridge’s 255-ton against our shores, and she will con- borhood was gutted by fires that emer- concrete bridge spans off their piers tinue to act if we continue to tip her gency personnel could not reach and into the lake. The bridge was re- careful balances with reckless carbon through the storm. built by using Federal Highway Admin- pollution and shameless subsidies to Sandy flooded nearly the entire istration funding, but they built it the big polluters. coastline with beaches and dunes driv- stronger, better engineered, and in We need to wake up as a Congress en down by the waves and wind. Dis- some sections they built it more than and take responsible action to protect placed sand and stone covered roads 20 feet higher. our homes and communities. We need like here on Atlantic Avenue in It makes sense to make sure that our to remember Sandy and learn her les- Misqaumicut, RI. Houses were swept agencies repair American infrastruc- sons. off their foundations in Rhode Island’s ture to the commonsense standard that I yield the floor for my distinguished southern coast communities like it is ready for future risks. Rebuilding colleague from New York. Matunuck, shown in this photo. Here to the specs that failed is not common The PRESIDING OFFICER. The Sen- we see Governor Lincoln Chafee, a sense. Being deliberately stupid in ator from New York. former Member of this body, surveying order to deny climate change is a los- Mr. SCHUMER. Mr. President, I the damage to these homes. ing proposition. thank my colleague, the Senator from President Obama granted Governor Congress can do something smart Rhode Island, for calling Senator Chafee’s request for a Federal disaster right now. We could pass the Water Re- BLUMENTHAL and me and others to- declaration covering four of Rhode Is- sources and Development Act with the gether and for taking action on climate land’s five counties. More than 130,000 resiliency and restoration provisions change. There has been no one in this Rhode Islanders lost power. Eight cit- that were in the Senate-passed bipar- body who has done more to sound the ies and towns implemented evacuation tisan bill. Congress could support the alarm about climate change. actions. Nearly one-third of all Rhode President’s Climate Action Plan, using I have enjoyed his regular ‘‘time to Islanders were directly affected one our wise Earth’s natural protections wake up’’ speeches. I guess this is num- way or another. In a close-knit State for our coastal infrastructure. ber 49—excuse me, 48. One of them was

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7600 CONGRESSIONAL RECORD — SENATE October 29, 2013 so good I read it twice. He has been re- Breezy Point—who rushed the towers injection of billions of dollars into lentless on this issue in a positive, ar- on 9/11, and some lost their lives. They mitigation for the east coast. When we ticulate, and superb way. were the people who were devastated rebuild this subway line, the signals There could not be a better day to here. A fire erupted, 120 houses—it are going to be higher up so if, God for- talk about climate change than today looked like Dresden after the bombings bid, there is another flood, they will because we are at the 1-year anniver- in World War II—and all that was left not be out of commission. At the en- sary of Superstorm Sandy. Senators was this religious shrine. I will never trances to the various tunnels—hun- WHITEHOUSE and BLUMENTHAL and I re- forget that scene and having the local dreds of thousands of people take these member it vividly. We each visited our firefighters showing me what had hap- every week—there will be gates or a communities on the days afterwards pened. certain kind of airbag that can instan- and saw the terrible blow that Sandy Of course, our local infrastructure taneously prevent the tunnel from delivered to New York and the whole was terribly damaged as well. Here we being flooded. We are elevating homes east coast. It created such damage and have the R train, which Secretary Fox and building new floodwalls and dunes upheaval to communities and lives. and I just announced is going to be up to prevent damage from the next Sandy was a horrible event, but the and ready in 1 year. The tunnel had Sandy. one silver lining in this large awful millions of gallons of water—brackish So one thing we are doing is mitiga- cloud is that people take climate water, salty water—that not only ru- tion. Those of us—Senator WHITE- change more seriously. I think most ined the infrastructure of the tunnels, HOUSE, Senator BLUMENTHAL, and oth- Americans agreed that climate change but the signals that depended on elec- ers from New Jersey and Maryland and is real, but there was not a sense of ur- tric functioning—gone. These scenes Pennsylvania and Delaware and New gency about climate change pre-Sandy. are repeated over and over. York and Connecticut, Massachusetts People said, well, it is happening 25 What Sandy did is make climate and Rhode Island delegations made years from now or 50 years from now. change real to New Yorkers in a hor- sure in this legislation there is ample rible way. The same is now happening Unlike Senator WHITEHOUSE, who has a money for mitigation, so that if or sense of passion and a sense of urgency across the country. So what Sandy did when, God forbid, another storm such daily and immediately about this, most was not alert us to the fact that cli- as Sandy occurs, we will be better pro- people said we can let things wait. mate change exists but alerted us that tected. Unfortunately, despite the efforts of it was a call to action. While climate Second, the President took a bold the Senator from Rhode Island and scientists try to avoid blaming any sin- and important step in releasing his cli- others, our bodies are not doing enough gle weather event on climate change, mate action plan, a critical blueprint on climate change. But when Sandy oc- we know that a warming planet can for reducing carbon pollution. The plan curred, a sea change occurred. Ameri- load the dice for more frequent and ex- also lays out a framework for imple- cans understood—those of us in the treme storms. As sure as we all are sit- menting new mitigation plans for Fed- Northeast probably more than anybody ting here, there will be other storms, eral, State, and local governments by else—that we cannot afford to wait. It unfortunately, and God forbid but in tying Federal funding to new standards all likelihood, of Sandy’s devastation took 10 years to get the American peo- on climate adaptation. We now know a that will affect different parts of the ple to accept the fact that climate simple economic truth from many country. As I and others have said in change is real. It took one storm to get years of investing in mitigation the days after Sandy, we have had far them to understand that we had to projects: They save money. According too many events over the past 3 years move immediately. to research, for every $1 we invest in in New York, including Irene, Lee, and Sandy was awful. In the days after mitigation, we save $4 down the road then Sandy, to think we can ignore the the storm, I toured places such as the because of what will be protected and impact of a warming planet and the Rockaways and Long Beach, Staten Is- taxpayers will not have to shell out the impact that is having on our commu- land, Lindenhurst. Whole neighbor- same dollars again and again and nities. hoods were leveled and thousands of Even if one denies the scientific re- again. So it doesn’t matter what side of the New Yorkers were homeless. To see an ality of climate change, there is little elderly gentleman, Mr. Romano, sit- dispute over the stark challenge facing climate change debate one is on when ting in front of his lot in Great South our country. The weather is more dan- it comes to investing in mitigation. Bay in Lindenhurst, his house totally gerous than ever and threatens our Being promitigation makes good fiscal destroyed, sitting in one of his few pos- economy. According to recent polling, sense for the Federal Government. A recent study found that Federal sessions left, a little lawn chair, was Americans now support taking action taxpayers spent $136 billion on disaster devastating. I asked Mr. Romano: Are on climate change to protect our chil- relief in just the 3 years of 2011, 2012, you going to move? dren and grandchildren. He said: Look at the view. So we need to do two things at once. and 2013—$400 per household. The only Two days after Sandy, the skies were We need to decrease our reliance on way we can shrink this burden for the peaceful, the Sun was beautiful, and it fossil fuels to slow down the warming American people over time is to make was reflected off of Great South Bay. of the planet, and we have to start in- critical mitigation investments at the He said: Every year I have had 364 good vesting in real climate adaptation same time we fight climate change by days and 1 bad day. I am not moving. projects in the most vulnerable parts of cutting carbon pollution. That story can be repeated, but the the country. I wish to specifically mention one devastation was real. To drive down My colleague from Rhode Island piece of legislation which my colleague the streets in the Rockaways or the talked about the devastation in Flor- from Rhode Island also mentioned. He streets of Long Beach or of Staten Is- ida. He is right. The Florida delegation is on the EPW Committee and he has land, the South Shore of Staten Island, should be up in arms. I know some of championed it with many of our col- and see house after house with piles in our colleagues—they tend to be on this leagues. WRDA, the bipartisan Water front of the houses of not just fur- side of the aisle—are, but we hear si- Resources Development Act, got 83 niture, although that was a problem— lence from the other side of the aisle votes in the Senate and will be a real we all have our favorite chair, a favor- on climate change. In just a genera- boost for investment in climate adap- ite place to sit. But people’s lives were tion, a good percentage of Florida will tation. out there: heirlooms that had been in be out of commission. Miami, one of In this bill, there is a new program the family for generations, pictures the largest cities in the country, is vir- called WIFIA. The very successful and albums gone, like that. tually unprotected when it comes to TIFIA Program which, for instance, This is an example of one of the climate change. without the local taxpayers spending a places hurt the worst: Breezy Point, a So we have to do both of these nickel, will bring our subway system hardy community of cops, firefighters, things. One year after Sandy, I am all the way over to the far west side. I teachers, EMT workers; the heart of pleased we have made some progress. look forward to opening it with the New York City’s middle class. They are First, the Hurricane Sandy relief law mayor soon. Modeled on that program the very same people—many did from we passed earlier this year provided an is WIFIA. It helps local governments

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7601 invest in mitigation projects by pro- my dear friend from Rhode Island—and So let’s start with government shut- viding low-interest loans and a new he truly is a dear friend—that his gen- downs. banking design to attract private in- erosity of word and spirit is only The agreement opened the govern- vestment into these projects. equaled by his intelligence, his dili- ment for 3 months. That is right. In There are also new authorities that gence, and his foresightedness, not January, we once again come to this will allow the Army Corps to expedite only on this issue but on so many other cliff where the government shuts down and prioritize hurricane protection issues on which we are working. In unless we act. So Merry Christmas and studies and project recommendations. I fact, we are going to make a call in a Happy New Year everybody. In January thank my colleagues, led by Senator few minutes—he and I and a few of our we hit this again. BOXER, of the EPW Committee for colleagues and I think Senator It does not have to be that way. Ear- working with us to draft some of this BLUMENTHAL as well—to talk about an- lier this year I introduced, with Sen- language. other of his issues. He is just such an ator TESTER from Montana, bipartisan These new policies are very impor- intelligent thinker, and he is thinking legislation that would have prevented tant for New York and the States af- ahead of the curve on climate change. the last shutdown and would prevent fected by Sandy. I urge our colleagues But delivery system reform in health all shutdowns in the future. It is in the House to work with us to include care is another issue on which the Sen- called, appropriately, the End Govern- these items in the WRDA conference. ator from Rhode Island has taken lead- ment Shutdowns Act. It is pretty sim- We need to use the tragedy of Sandy ership. ple, and it addresses several critical to learn how to make our cities and So I thank him for his kind words issues we saw firsthand during this last towns stronger for the next storm. We and just say ‘‘right back at you, baby.’’ shutdown. know it is coming. We have to work at I yield the floor. It would end the chaos we saw on the local level in terms of mitigation. The PRESIDING OFFICER. The Sen- Federal services and citizens who de- We have to work at the macro level to ator from Connecticut. pend on them. It would give govern- reduce the amount of carbon that has Mr. BLUMENTHAL. Mr. President, I ment agencies the predictability they poured into our atmosphere that will thank both of my colleagues. I am not need to plan their budgets based on just devastate the planet if we con- sure I can match their eloquence in de- these appropriations levels. It would tinue to sit on our hands. scribing their gifts and their contribu- add certainty to the economy, and I will close my remarks by borrowing tions on this issue and so many others, more certainty in the economy is cer- a simple refrain from my friend from but I hope they and others will join me tainly needed right now as we try to Rhode Island. As his poster says, it is in meeting with the present Sandy bring back the jobs. It would also take time to wake up. Superstorm Sandy task force in seeking to remedy or cor- away the pressure for these haphazard, rect perhaps some of the logjams and was New York’s wake-up call. Let’s last-minute budget deals, which inevi- redtape and deficiencies in process that honor the thousands of victims of that tably have stuck in them little provi- event by investing in our future. led the people of our States to wait for sions that nobody finds out about be- I yield the floor. so long before they saw relief in prac- cause they are all done at the last The PRESIDING OFFICER. The Sen- tical terms. ator from Rhode Island. I thank them for their eloquence minute to avoid a government shut- Mr. WHITEHOUSE. Mr. President, today and for their truly formidable down. Here is how this would work: When before I depart the floor, and while contribution on the issue of climate we do not have spending bills agreed to Senator SCHUMER and Senator change and global warming and to by the time the fiscal year comes to an BLUMENTHAL are still here, I wish to thank them also for the very powerful add a point that is a personal observa- contributions they have made on the end—and that would be October 1— tion of mine as a Senator; that is, first response to Superstorm Sandy that af- then the spending continues just as it the Senator from New York is widely fected so many people in Connecticut. was the previous year. So it is the and properly regarded as one of the I thank the Chair. I yield the floor. same level of spending, except that more formidable presences in the Sen- The PRESIDING OFFICER. The Sen- automatically it would begin to reduce ate. Having witnessed the difficulties ator from Ohio. spending after 120 days and 90 days. So that Senator BLUMENTHAL discussed at BUDGET CONFERENCE Congress would have 120 days to come getting the Sandy disaster relief out Mr. PORTMAN. Mr. President, I rise together and figure out a budget. That and done, I will say we learned Senator to talk about an opportunity—actually is the carrot. The stick is that after 120 SCHUMER has an even higher gear when something good that this body could do days the spending would be ratcheted it comes to the urgent needs of his for the American people and for our down 1 percent and then again every 90 home State and of his coast. When his economy and for the taxpayers. Tomor- days another 1 percent. New York City lies battered and row, the Senate budget conference that I think it has become painfully obvi- drowned by storm, the work that he did was established as part of this recent ous that Congress needs encourage- to make sure a reluctant House passed agreement that was made over reopen- ment to get its work done, and this this relief for us was an exercise in leg- ing the government and extending the certainly would be encouragement. By islative craftsmanship and personal debt limit will meet. This will be the the same token, we would not have vigor that many of us will long remem- first public meeting of the group. We these government shutdowns. That ber. have had some other meetings, includ- gradual decline in spending, by the Of course, I have seen Senator ing the one I just had with some of the way, would treat all spending equally. BLUMENTHAL fighting for his people in Members of that group, but this is the So all discretionary spending would be Connecticut, both after Hurricane first opportunity for us to meet as treated the same way—no exceptions Sandy and, of course, after the terrible House Members and Senate Members, for liberal spending priorities or con- tragedy that Connecticut experienced Republicans and Democrats, in this servative spending priorities. It would when a crazed gunman went into an el- budget conference, and it could not be the same for everybody. Both sides ementary school and began to murder come soon enough. of Congress would feel the pain, and its children. So Senator BLUMENTHAL, The opportunity we have with this both sides then might be more willing in responding to those cares, concerns, group is that in the wake of what hap- to actually get the work done. and crises of his home State of Con- pened at the beginning of this month— Is this the ideal solution to end gov- necticut, has been truly exemplary. It which was, again, a government shut- ernment shutdowns? No, it is not. The has been a privilege for me as a Sen- down and then a debt limit debate and ideal solution is that Congress actually ator to see these two Senators in ac- then pushing right up against the debt does its work, which is our constitution in their causes I just mentioned. limit—the opportunity we have now is tional duty—the power of the purse— Mr. SCHUMER. Mr. President, will to finally deal with this issue of gov- and that is to sit down and have these the Senator yield? ernment shutdowns and to deal with appropriations bills pass. That requires Mr. WHITEHOUSE. I yield the floor. the underlying problem of over- oversight of the agencies and depart- Mr. SCHUMER. I am sure Senator spending that forces us to extend the ments which are badly in need of it. It BLUMENTHAL joins me. I wish to say to debt limit time and time again. then requires prioritizing spending in

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7602 CONGRESSIONAL RECORD — SENATE October 29, 2013 12 different areas. That is how it should even though the President refused to President. It is time to come to the work. This legislation, the End Govern- talk to Congress about it—which was table. As I said earlier, the President ment Shutdowns Act, would actually unprecedented, by the way; no Presi- has indicated he now is willing to do it. encourage that to work, again, because dent in history has ever said that—but Do so in good faith and try to put our it would establish this situation where, he said over the last couple weeks: If country on a stable fiscal path. If we do instead of doing a last-minute deal you all extend the debt limit and if you nothing, by the way, if we allow these where you can kind of throw in these reopen government, then I will talk. So annual deficits to continue, they will provisions that Appropriations Com- now is the time to talk, and the Presi- more than quadruple. Annual deficits mittee members might want, you actu- dent should talk. I have worked for two will more than quadruple to $3.4 tril- ally have to go through the process; Presidents: President Bush 41 and lion within three decades. That is otherwise, it just continues the spend- President Bush 43. They did talk to based on the Congressional Budget Of- ing from the previous year and then Congress about debt limits. Why? Be- fice. ratchets it down over time. cause it is a tough vote, because our We already have a debt that is about Sadly, Congress has shown it is pret- constituents get it, because it is akin $140,000 per household in America. We ty much incapable of doing appropria- to maxing out on the credit card and are talking about annual deficits quad- tions bills without some sort of pres- they want to know we are not just rupling. If we let mandatory spending sure. The Congress has not completed going to extend it again without doing reach that point where it becomes 100 all regular appropriations bills by the something about the underlying prob- percent of the deficit—which is what October 1 deadline since 1997. Here in lem. So this budget conference gives us they project—if we allow our national the Senate, actually, over the past 4 the opportunity to do that, and I hope debt to reach two and a half times the years, during the current administra- the administration will engage with us. entire size of our economy—it is about tion, the Obama administration, and It has been 4 years since we have had the size of our economy now, and it under Democratic control here for the a budget conference. Think about that. would go up to two and a half times the last 4 years, we have passed all of one The debt has gone up $5.9 trillion since size of our economy—it will be the next appropriations bill on time. So that is we had the last budget conference generation that will pay, and pay dear- 1 out of 48 that has been done on time. around here. Almost $6 trillion later we ly, and our legacy will be one of bank- It was a MILCON bill in about 2011, as are sitting down again, and things are ruptcy, skyrocketing interest rates, I recall. only going to get worse if we do not do skyrocketing unemployment rates, and Congress does better with a deadline. something to deal with the underlying the collapse of these vital programs we Again, we see this with the debt limit problem. talked about earlier: Medicaid, Medi- and with what we just went through The two-thirds of the budget that is care, and Social Security. these last few weeks. We can do better. on autopilot—the mandatory spend- Again, this is not ideology; this is This legislation would keep the impe- ing—obviously is where not just the math. It is fact, and it is fact that has tus for Congress to act without includ- biggest part of the budget is but the been reiterated by the Congressional ing the threat of another costly and de- fastest growing part of the budget. It Budget Office, the trustees of Social structive shutdown. I think it is a good includes vital programs to our seniors, Security, the trustees of Medicare, idea. It is one that is already bipar- for those in poverty—Medicaid, Medi- their trust funds time and time again. tisan. It should be adopted by both care, Social Security—vital but This is our opportunity to begin to do sides. We had a vote on it earlier this unsustainable. These programs cannot something about it—at least take the year. It got nearly half of this Cham- be sustained in their current form. By first steps—both in terms of ending ber. I hope others will take a look at it. the way, that is not me saying it. That government shutdowns, as I talked I think particularly with what we have comes from data from the nonpartisan about, but also dealing with this under- just gone through, it is something our Congressional Budget Office. The lying problem that everybody acknowl- constituents would think would make President himself has talked about edges and that has to be dealt with if a lot of sense. I hope it gets the support this. By the way, the Congressional we are not going to have for future it deserves in this body. Budget Office says that Social Security generations these issues of bankruptcy, Of course, in addition to dealing with and health care entitlements alone are higher interest rates, lower value of government shutdowns in this budget 100 percent of the long-term increase in the dollar, higher unemployment. conference that we are meeting on this deficits. Revenues are starting to pick The single greatest act of bipartisan- week, we also have a chance to address up. The discretionary spending is now ship in this Congress over the past few the debt limit—which is going to come being capped. The issue is this part decades has been overpromising and up soon also because February 7 is the that is on autopilot. By the way, it is overspending. We created this mess to- date that was chosen there. Now some 66 percent of spending now. It is 77 per- gether, and we can only get out of it say, well, the Treasury Department cent of spending in 10 years. The health working together. I have suggested can use extraordinary measures to care entitlements alone are going to where we can start: $600 billion in the shift that beyond February 7. I suppose increase 100 percent over the next 10 President’s own budget. In his own they could. But instead, why not deal years based on what the Congressional budget he has $600 billion-plus in sav- with the underlying problem—why we Budget Office has told us. ings on mandatory spending over the need to extend the debt limit—which is I have heard rumblings in the press next decade. But whatever we do, I the overspending. that this upcoming budget conference think we can call agree that we are It is as though you have maxed out is just going to kick the can further tired of the gridlock, we are tired of on the credit card. It is a lot like that. down the road; in other words, we are the stalemates, we are tired of getting We can spend only at a certain level in not going to deal with the issue. We are nothing done. Congress, and then we have to have going to say let’s just extend the debt It is time to make some progress, and statutory authority to go beyond that limit a little bit further and push off this is an opportunity to do it. These limit. When you max out on the credit the issue. past few weeks have been trying. They card, you do not just go to the bank I think it is time for the can to kick have been tough on the American peo- and say: I would like to extend it. You back. If the can kicks back, that means ple, as they have looked at us and said: have to deal with the underlying prob- we will actually tackle some of these Wow. Are these guys going to figure it lem; otherwise, you cannot keep your tough problems. After all, that is why out? And we just kicked the can down credit card and you cannot keep your the American people hired us. That is the road. But we also set up this proc- credit. why they sent us here. If we are not ess and this structure. Let’s take ad- So dealing with the debt limit is the going to do it now, I do not know when vantage of it. Let’s use this oppor- other part that I think gives us an op- we are going to do it. I think divided tunity to do something important for portunity. Over the past 2 weeks I government is actually an opportunity the future of our country and for the know the administration has said re- to do it. good of the people we represent. Let’s peatedly: Even though we would not It is time for leadership in the Senate seize it. negotiate on the debt ceiling before, and the House, and certainly from the I yield back my time.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7603 The PRESIDING OFFICER. The Sen- know the Senator from West Virginia three areas I mentioned, we have got to ator from Delaware. wants? make sure when we develop these new DEFICIT REDUCTION It is not a grand compromise, but I products and services that we can sell Mr. CARPER. Mr. President, I say to would call it a baby grand. A baby them around the world without impedi- the Presiding Officer, former Governor grand is certainly better than kicking ment, we can knock down trade bar- MANCHIN, I wish to follow on the com- that can down the road. The last time riers. The Senator has done a lot of ments we just heard from Senator we kicked the can down the road at the work in that regard as well. PORTMAN, who, as he said, served in beginning of this year, I remember say- As the Senator leaves the floor, I will two administrations—in one of them as ing on this floor: We kicked a rather say there are many things for us to OMB Director, in the other as Trade large can down the road not very far. I work on. I hope we will. Representative. Before that he had a am tired of doing that. I do not want us ARCHULETA NOMINATION distinguished career in the House of to do that. That is not why I came to the floor, Representatives. He is someone I am We have maybe our last best chance but I thank the Senator for letting me fortunate to serve with on the Finance here in this budget conference in order join in that colloquy with the Senator Committee. I have a lot of respect for to do the kinds of things I talked from Ohio. The reason I came to the his intellect and for his intellectual about. Democrats do not want to give floor is to say a word on behalf of the honesty. on entitlements. I am willing to do President’s nominee to be our next Di- Before I talk about the real reason I that. But I am only willing to do that rector of the Office of Personnel Man- came to the floor, I feel compelled to if Republicans will give on tax reform agement. We have not had a confirmed say something. As former Governors, that generates some revenues. OPM Director for the last half year. If the Presiding Officer and I have made I mentioned there are three things to you look across the Federal Govern- tough decisions on spending, we have do. The third thing is to look in every ment, the executive branch of the Fed- made tough decisions on revenues, and nook and cranny of the Federal Gov- eral Government, it reminds me a lot they are not always well received by ernment—everything we do. The Sen- of what I call Swiss cheese, executive people. They are not always well re- ator from Ohio is a member of the branch Swiss cheese. ceived by people in our own party. Homeland Security and Government We start with the Department of I like to say there are three or four Affairs Committee. He knows that we Homeland Security. We do not have a things we need to do on this issue to focus—we have large, broad investiga- confirmed Secretary. We have one make sure our deficits continue to tive powers, oversight powers, author- nominated, just nominated, just start- head in the right direction. I do not ity over the whole Federal Govern- ing to go through the vetting process worship at the altar of a balanced ment. There are all kinds of ways to in the Senate. We have not had one for budget every single year. But what I do save money, all kinds of ways to save a month. The Deputy Secretary of believe is that when the economy is money in this government of ours, just Homeland Security—we do not have a strengthened and growing stronger, we as there are all kinds in big corpora- confirmed Deputy Secretary. We have ought to be having the deficit heading tions, big businesses. What we need to had ‘‘acting’’ for a number of weeks down, and when we are in a war or do is, in everything we do, look at that now, months. While the people who are when we are in an economic doldrum, and say: How do we get a better result in the acting capacity are very good then I think it is appropriate to, in for less money in everything we do? people, very able people, it is not the some cases, deficit spend. I do not know if my friends from same as having a confirmed Secretary Four things we need to do if we are Ohio and West Virginia hear this from of Homeland Security or confirmed serious about deficit reduction: No. 1, their constituents, but I hear from Deputy Secretary. we need, in the President’s words, enti- Delaware constituents and folks out- There are any number of other posi- tlement reform that saves money, side of my State these words: I do not tions in Homeland Security. As chair saves these programs for our children mind paying more taxes, I just do not of Homeland Security and Government and our grandchildren, and does not want you to waste my money or I do Affairs Committee, I probably focus savage old people or poor people. That not want to pay more taxes, but if I do, more on that than on the OMB, Office is No. 1. I do not want you to waste my money. of Management and Budget, trying to No. 2, we need, in my view, tax re- I do not want to waste your money or make sure that Sylvia Burwell from form that brings down the top cor- mine. Hinton, WV—the Presiding Officer porate rates—something more closely The fourth thing we need to do to be knows her well. As a guy who grew up aligned with every other developed na- serious about moving the economy and in West Virginia a little bit, born tion in the world. At the same time we getting out of this kind of rut we are in there, spent some time in Hinton, I are doing that, we need to generate right now is to be able to make sure we have a huge respect for her. We worked some revenues for deficit reduction to have some money around that we can very hard to get her management match what we are doing on the spend- invest in the things we know will team, her senior leadership team con- ing side. strengthen our economy. Foremost firmed. They are confirmed. She has a If you think about it, the Senator among those is a strong workforce, ca- great team. We need to make sure that from Ohio knows and the Senator from pable workforce. The second thing is in our other departments we have from West Virginia knows about tax expend- infrastructure, broadly defined, not the top to way down the ranks strong itures: Tax breaks, tax credits, tax de- just transportation: roads, highways, people in confirmed positions. ductions, tax loopholes, tax gaps, add bridges; not just ports, not just air- OPM, Office of Personnel Manage- up over the next 10 years anywhere ports, not just railroads, but ment. The President nominated a from $12 trillion to $15 trillion. We are broadband, all kinds of infrastructure- woman I had never heard of earlier this going to spend more money out of the related items. year. He nominated a woman named Treasury for tax expenditures than we The third thing is R&D, research and Katherine Archuleta. Katherine are going to spend on all of our appro- development that will lead to tech- Archuleta—I never met her, never priations bills combined. If we could nologies that can be commercialized, heard of her. The first thing I learned somehow capture 5 percent of $12 tril- turned into products, goods, and serv- about her is she has been the political lion over the next 10 years for deficit ices we can sell all over the world. director in the President’s reelection reduction, that is $600 billion. If we can The fourth thing we need to do is to campaign. She must have done a pretty match that in a Bowles-Simpson num- do an even better job—and Senator good job if the results were to be exam- ber, such as $2 of deficit reduction on PORTMAN was the leader as our trade ined. Maybe some people are troubled the expenditure side and $1 on the rev- ambassador. He knows what it is all by that. If we stopped there, that does enue side, we could do about another $2 about in terms of knocking down trade not define who she is or what she has trillion on deficit reduction on top of barriers. But while we do entitlement done. what we have already done. Is that a reform, we do tax reform, while we If somebody looked at my resume grand compromise that I want and I look in every nook and cranny of the while I have been a Senator, if they think the Senator from Ohio wants, I Federal Government, investing in the think that is all I have ever done in my

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7604 CONGRESSIONAL RECORD — SENATE October 29, 2013 life, they would be wrong. I have been He goes on to say she ‘‘helped create lessly to create better opportunities for privileged to be Governor of my State, modern Denver’’ as we know it as dep- their children. Throughout her career, leader, and, as the Presiding Officer uty chief of staff through Mayor Pena. she served as an example for women has, chairman of the National Gov- She led economic development efforts and Latinos and would be the first ernors Association, one of the great throughout the city. She was instru- Latina Director of OPM. privileges of my life. I was privileged mental in the creation of the new Den- The President nominated her to this to be a Congressman for a little bit, ver International Airport. Ken went on critical position back in May. We held treasurer of my State, and before that to say she was ‘‘a star of the Clinton a hearing to consider her nomination— a naval flight officer for 20 some years, team in the U.S. Department of Trans- Senator JON TESTER held it. We voted retired Navy captain. That is who I am. portation.’’ Star. her out of committee shortly there- That is not all of who I am, but that is I say to my friends and colleagues, after. At her confirmation hearing, Ms. a better resume. If people say all I have we have to get past this situation—I do Archuleta committed to quickly tak- ever done is my current job or my last not care if it is a Democrat President ing steps to identify some of OPM’s job, they would say: Well, he is not or Republican President—where we challenges, such as continuing to im- very well rounded. leave these gaping holes in leadership plement the multistate plan under the I want us to take a minute and say— in confirmed positions. It is not good Affordable Care Act, reducing the re- I am going to date myself on this, but for our country; it is not good for these tirement claims backlog to ensure re- a guy named Paul Harvey used to do departments; it is not good for morale; tirees receive their full pension bene- the news. He used to say page 1, and it is not good for efficiency. We are in- fits without serious delays, which then he would say page 2. I am going to terested in getting work done. many retirees see today. go to page 2. Page 2 is a little resume You can disable the government by As to the recruiting and retaining of some other things she has done with shutting it down or you can disable the the next generation of Federal employ- her life. I want to quote one of our old government and make it less effective, ees, I think we have a nominee who is colleagues, Ken Salazar, who has less efficient, by making sure we do not qualified. We have a nominee who has known her for decades and hear what have key people in the top leadership been vetted. We have a nominee who is he has to say about her. She was born positions. It makes a difference if peo- ready to go to work. It is our responsi- and raised in Colorado, I think has ple are confirmed as secretaries, dep- bility to give her a swift vote, a spent almost more than half of her life uty secretaries, and these other posi- thoughtful vote, but a swift vote here there. She has been, from time to time, tions. on the Senate floor, I hope this week, among other things, chief of staff at As the agency responsible for man- so she can go to work, take the reins at the U.S. Department of Labor. She did aging our Federal workforce, OPM’s OPM, and begin directing this critical that for several years. She also served mission is critical to ensuring that our agency with oversight from us. as senior advisor on policy and initia- government runs efficiently. Unfortu- When the Presiding Officer was Gov- tives for the city and county of Denver, nately, vacancies at the top levels of ernor of his State of West Virginia, CO. There are more people who live in leadership have limited OPM’s ability when I was privileged to be Governor of the city and county around Denver to fulfill its mandate. They have back- my State, the tradition in Delaware is than live in a lot of States, including logs in terms of the processing they are the Governor would nominate the peo- my own. She has done that job. supposed to be doing in job applica- ple to serve on his or her cabinet. The Before that, a number of years ago, tions and others, people applying for tradition in our State was to nominate she had a number of roles in the office pensions. They need to be addressed. division directors under the cabinet of mayor of Denver, for almost a dec- In Katherine Archuleta’s hearing be- secretaries. The tradition in my State ade, including deputy chief of staff. In fore a subcommittee chaired by Sen- is that the legislature, the senate to a city that size, again as big or bigger ator TESTER, one of the things she which the nominees were sent, would than a number of States, that is a lot made clear is that she would make that hold hearings, and would vote up or of responsibility. her priority, going after the backlog, down without delay on those nomina- She has been a senior policy advisor which I would say God bless her if she tions. I think in the 8 years I was privi- at the U.S. Department of Energy. is confirmed. I hope she will be. leged to serve as Governor of my State, She has also served at the U.S. De- But at any given moment, we are every one of them was confirmed. I do partment of Transportation, first as lacking critical leadership in any num- not think I ever lost a nomination for deputy chief of staff, and then later as ber of positions in just about every a cabinet secretary or for division di- chief of staff. agency. It undermines the effectiveness rector. That is the way we do business She has been a professor at the Uni- of our government. While Congress and in Delaware. That is the way we ought versity of Denver. She has done all the administration have taken some to do business here. kinds of things. But she is a whole lot steps to address this problem, the fact If you have a nominee who is quali- more than what people see and say: remains we still have more work to do fied, who has good integrity, is going Well, I know what her last job was. She to ensure we have got the talented peo- to work hard, surround themselves has done a whole lot before that. I ple in place to make these critical deci- with good people and has a track think that helps prepare her for this sions. record he or she can be proud of, that job. This week, we consider the Presi- nominee deserves a vote. Let’s give There has been a bunch of people who dent’s nomination of Katherine this nominee a vote and let’s give her have been nominated to serve as Office Archuleta to be the next Director of a chance to go to work. of Personnel Management Director OPM, Office of Personnel Management. I yield the floor. since I guess the 1970s. I think this is I have talked a little bit about her The PRESIDING OFFICER. The Sen- the first time we have ever had a situa- background. One of the other people ator from New York. tion where the President’s nominee—I who knows her pretty well, another SUPERSTORM SANDY do not care what party, Democrat or Senator from Colorado, is Senator Mrs. GILLIBRAND. Today it has Republican—where the OPM nominee UDALL. She was actually introduced at been exactly 1 year since Superstorm has required cloture or even a rollcall her confirmation hearings along with Sandy hit my home State of New York vote since the agency was created in MICHAEL BENNET. Here is what Senator and the surrounding region. Today is a 1978. That is 35 years ago. UDALL said about Katrina Archuleta. very solemn day where we pause to I want to quote Ken Salazar, one of He said, ‘‘Throughout her career, Kath- ponder the unimaginable loss of 61 pre- my dearest friends, who was a Senator, erine has demonstrated her ability to cious lives and the great collective went on to become Secretary of the In- lead, to motivate and to work con- pain as countless other lives were shat- terior, who has known Katherine structively with a diverse range of peo- tered. Over 300,000 homes were damaged Archuleta for 25, 30 years, really all of ple and personalities.’’ or destroyed and businesses lay in rub- her adult life. Here is what Ken Salazar Her story is a story of firsts. Al- ble. Over 250,000 businesses were af- says about Katherine Archuleta. He though neither of her parents com- fected, many of which are still unable says she is a ‘‘terrific’’ human being. pleted high school, they worked tire- to open their doors.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7605 There is something else to remember ly without having to wait for our com- OBAMACARE today. In the days and weeks that fol- munities to find the matching funds Mr. BARRASSO. Later this week we lowed Superstorm Sandy, we also saw out of very tough and local struggling will hit the 1-month anniversary of the the absolute best of New York. We budgets that are already stretched too launch of President Obama’s health in- know New Yorkers are a resilient thin. surance exchanges. My question is, bunch. We get knocked down, but we That is not enough. For all of our what have we learned the past 4 weeks? get right back up. successes, we are still facing so many We know the rollout of the exchanges As I traveled all across New York challenges. There is still far too much and the healthcare.gov Web site, Amer- City, I saw neighbors coming together, redtape getting in between families icans would agree, has been disastrous. going door to door to help the home- and recovery. My office hears every Last week the Associated Press ran a bound, donating resources, volun- single day from homeowners and fami- headline about what people in my teering their time, clearing debris. In lies who are struggling just to move home State of Wyoming had experi- the Rockaways I saw hundreds of resi- forward. enced. It said: ‘‘National health insur- dents create an impromptu bustling Many of us are working on a bipar- ance site sputters in Wyoming.’’ plaza of hot food, clothing, and any- tisan bill to postpone the potentially The article goes on to talk about the thing people might need. disastrous flood insurance rate in- health care law, the Web site, and says: I remember talking to one small creases coming into effect as a result of ‘‘Wyoming Insurance Commissioner business owner in Staten Island whose the Biggert-Waters flood insurance re- Tom Hirsig said Monday that he’s per- restaurant was nearly split in two by a form law. I urge my colleagues in the sonally been unable to register on the boat from a nearby marina, and he sim- Senate to pass this bipartisan bill that Federal Government’s Wyoming site ply said to me: ‘‘We will rebuild this was introduced by Senator MENENDEZ despite trying every day.’’ better than it was before,’’ before and Senator ISAKSON that would delay The insurance commissioner from agreeing to have dinner together this the premium increases set to go into the State of Wyoming has been unable time next year in that very spot where effect until after FEMA has completed to register on the Federal Govern- that boat was resting. He said yes, and a study and provided Congress with a ment’s Wyoming site despite trying we had lunch at his restaurant only a plan to make the rates more afford- every day starting October 1. This is few months ago. It was amazing. able. Our families working so hard to the same story we have seen all across In Westchester, a small business rebuild, frankly, deserve nothing less. the country. owner gave me a hug, and she vowed Some homeowners, even as they do We have also learned over the past 4 she would rebuild. She said defiantly, rebuild, have started seeing their rates weeks that the President’s health care ‘‘This is our community.’’ increase. This would cause so many of law is much more than just a failed On Long Island, I walked the streets our constituents to be forced out of Web site. What we know is that there of Lindenhurst, Massapequa, and vis- their homes and communities that is sticker shock hitting people all ited Long Beach and Fire Island. While they love, that they have lived in their across the country as they start shop- the devastation I saw was awful, I have whole lives. This is why the Menendez- ping and find that higher premiums are never met more resilient and compas- Isakson bill is so critical and why I what they are facing. They are going to sionate people. I witnessed homeowners strongly urge my colleagues on both be paying much higher premiums if struggling to pick up their own pieces sides of the aisle to support this com- they are able to buy health insurance, and to get it out of the way to help monsense legislation. if they are able to get through the ex- neighbors, sharing food, sharing water As we focus on providing commu- change. supplies, giving each other rides to the nities with all of the resources they CBS News had the story of one stores, sharing generators, and clearing need to rebuild from Sandy, the Fed- woman in Florida whose health insur- each others’ debris. eral Government is partnering with ance will cost 11 times what she is cur- While the road to recovery is very States, local governments, the private rently paying—from $54 a month to long and very hard, New Yorkers will sector, and academia to develop solu- $591 a month. rebuild. They will rebuild stronger, but tions that will protect us from the next Over the past 4 weeks, another thing we all have to do our part. Too many disaster. We know that for every dollar we have learned is that many people communities are still recovering and spent to make our homes, businesses, have received notices in the mail—can- rebuilding. Some families are actually and infrastructure more resilient, $4 is cellation notices—from their insurance still homeless, living in trailers or con- saved in potential recovery costs down companies. They are being told that fined to the second floor of their homes the road. the insurance policies, the coverage and still waiting for additional assist- Earlier this year Senator WICKER and they have had, is being cancelled. Only ance. Too many homeowners have not I introduced the STRONG Act, which a small number of people have been yet received the funding to repair their stands for Strengthening the Resil- able to get insurance through the gov- homes and their businesses. Too often, iency of Our Nation on the Ground. ernment exchanges so far. We have those who are struggling to rebuild This bipartisan bill seeks to build on seen that over the last month. have been caught in redtape. the progress that has been made lo- In testimony today in the House Throughout the past year, I have cally by requiring the Federal Govern- hearing, a person from the administra- pushed to change some of the Federal ment to develop a national resiliency tion said they cannot tell us how many policies that have stood in the way of strategy, assess where there are gaps people have been unable to get insur- recovery. We have had some successes. and opportunities for improvements. It ance through the exchanges, but we We were successful at pushing FEMA also creates a new information portal know that hundreds of thousands of to extend critical deadlines for Sandy for both the public and private sectors people are losing the insurance they survivors to document their losses, so to share information about how to had. that those who have had trouble get- strengthen our communities and pro- Here is what one woman told CBS: ting back into their homes are not pre- tect against future extreme weather ‘‘What I have right now is what I’m vented from filing flood insurance threats. happy with, and I just want to know claims. We have come a long way in the past why I can’t keep what I have. Why do We were able to get the Department year, but I am very sad to say we have I have to be forced into something of Housing and Urban Development to so much more work to be done. Our else?’’ relax regulations that would have pre- communities are working as hard as Like many Americans, this is a per- vented substantially damaged homes ever to recover, but we have to work son who actually believed President from accessing critical recovery funds. equally as hard toward rebuilding and Obama when he promised that if people We received assurances from the Army being better prepared for the next liked the insurance they had, they Corps of Engineers that they will fund storm. could keep it. Now she learned under critical shore protection projects at I yield the floor. the President’s health care law, it is full Federal expense, ensuring that The PRESIDING OFFICER. The Sen- not only a Web site, it is a broken these projects can move forward quick- ator from Wyoming. promise. It turns out if the White

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7606 CONGRESSIONAL RECORD — SENATE October 29, 2013 House likes your plan, then you can ure, the Obama administration tried to Mr. President, I yield the floor. keep it. If the White House doesn’t like hide how bad it was. It asked the larg- The PRESIDING OFFICER. The Sen- your plan, then you are out of luck, est health insurer in North Dakota not ator from Utah. you can’t keep it. to tell anybody how many people have Mr. HATCH. Mr. President, I appre- Yesterday the Obama administration signed up for insurance through the ex- ciate the remarks of my colleague from finally admitted that millions of peo- change—the administration telling the Wyoming. ple across the country will lose their State: Don’t open up, don’t tell people Here in Washington and, indeed, insurance. We know all of these ways the truth. Why not? Because as of last throughout the country everyone is that the President’s health care law is week only 14 people had been able to talking about the ObamaCare Web site. more than a failed Web site, so the big sign up for the companies’ plans. The No doubt that is a serious concern. The question now is what don’t we know numbers are so embarrassing for the healthcare.gov Web site has been, to yet? What is there that the American administration they have been trying put it bluntly, a debacle. I don’t know people don’t know about the health to cover up. They continued to cover of a single Member of Congress, Demo- care law? How much worse are things up today when there was testimony crat or Republican, who would say oth- going to get before the White House ad- and no numbers were given. It is the erwise. mits the entire law is broken? same reason the administration won’t That said, we need to be clear about We have seen one headline after an- say how many people have signed up something: The problems with other about problems with the health nationwide. They know how many peo- ObamaCare go much deeper than a care law that the Obama administra- ple have signed up, but they refuse to faulty Web site. Sure, the administration knew about and would not admit. tell the American people, the tax- tion would have the American people There has been one revelation after an- payers, the people who pay the taxes believe that the problems with this law other about troubles they hid from the and see their money being wasted by are simply technical in nature and that American people and did so delib- this administration and this govern- once they bring in technical experts to erately. What else is this administra- ment. There are new problems with fix the Web site, all will be right with tion not telling the American people? this health care law every day. the world. But let’s not kid ourselves. The White House may have finally The Web site was supposed to be the The problems with ObamaCare are fun- said publicly that millions of people easy part, but to me it is the tip of the damental and systemic. The adminis- are going to lose the insurance they iceberg. The Web site failures are just tration may very well get the Web site have but, according to NBC News, the the tip of the iceberg. up and running in the next few weeks, What else does the White House know Obama administration has known that and they should, but that won’t fix the about? By now they should know about for at least 3 years. health care law. I would like to take a cancelled coverage because it looks as When the train first went off the few minutes today to talk about some if millions of Americans have already tracks, the White House said its Web of the problems facing ObamaCare that received notices from their insurance site crashed because they said millions have nothing to do with the Web site. companies that they have lost their in- of people tried to use the Web site at When he was trying to get the law surance, their insurance has been can- the same time. According to the Wash- passed, President Obama repeatedly ington Post, the limited testing the ad- celled. There have been premium increases. promised Americans that ‘‘if you like ministration did before the launch your current health plan, you will be found the site would crash if only a few People have talked about the fact that their premiums are going up, and there able to keep it.’’ This promise was cen- hundred people used it. tral to the President’s efforts to sell It is fascinating. The Democrats’ are higher copays and deductibles to ObamaCare to the American people, whole law was based on the idea that deal with. People are losing access to and as it turns out, it was all a lie. Now Washington, government, is capable of the doctor. Plus there are always the even the White House admits that mil- running America’s health care system issues of fraud and identity theft. lions of Americans will not be able to competently. What we have seen is What else are we going to learn this gross incompetence. It turns out that week when Secretary Sebelius testifies keep their health plan under the law, Washington can’t even set up a Web in the House tomorrow? Will she actu- and if recent news reports are to be be- site competently, and it looks as if ally open up? Will she give them the lieved, they have known this for years. they knew it. truth? Will she give them the real Experts have predicted that as many as Computer programmers warned numbers, or will she not admit to what 16 million Americans may lose their about the rush to get the Web site done is actually going on and refuse to an- existing coverage due to ObamaCare’s by October 1. Instead of hitting the swer the questions? new requirements. According to the pause button, which they should have How much worse does the Obama ad- NBC News story from yesterday, the done, hitting the pause button until it ministration’s incompetence get? What Obama administration has known could get things working, the White will it take for the President to admit about this for at least 3 years. We have House pushed on. This is what we that his health care law has been a known about it as well. learned from some of the contractors train wreck and they will have to delay Consumers throughout the country who built the Web site. This Web site it for at least a year? We know he is are already receiving cancellation let- cost the taxpayers over $400 million so going to have to do it eventually. ters from their insurance providers. far and the bills are still coming in. There is no way all of these problems For example, in New Jersey 800,000 in- These contractors testified last week are going to get fixed quickly, and he is dividuals are being dropped from their in the House that full tests of the site going to have to delay the individual existing plans. Kaiser Permanente in should have started months in advance, mandate—the mandate that says every California has sent notices to 160,000 but testing didn’t happen until the last American must buy or have and prove people informing them their current 2 weeks of September. Who decided to they have health insurance. And who is coverage will end. Florida Blue is end- go ahead anyway? President Obama’s the enforcer? The IRS—the Internal ing policies of 300,000 customers due to administration. They are the ones who Revenue Service. The President should ObamaCare. This isn’t some unforeseen decided. just go ahead and do it now and also or unintended consequence of the law. Contractors thought if the registra- delay all the other parts of the law, not On the contrary, it is precisely what tion process wasn’t going to work, then just the mandate. was intended when the law was put maybe it would help to set up a way for It is time for President Obama to into place. people to shop for plans and get infor- really come clean with the American As you know, Mr. President, the mation without registering. The ad- people about what his administration President’s health care law includes a ministration told them to knew and then come to the table to mountain of new mandates and re- ‘‘deprioritize’’ that plan. What a gov- work with Republicans and give people quirements for health insurance plans. ernment word, ‘‘deprioritize’’ that the real health care reform that they Any plans that fail to meet those oner- plan. need, want, and deserve so people can ous requirements are invalidated under Then when the Web site turned out to get the care they want from a doctor the law. True enough, the law provides be a complete disaster, a systems fail- they choose at a lower cost. that plans that were in effect as of

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7607 March 2010 will be grandfathered in, al- City, who wrote to tell me her deduct- belonging to his fellow Minnesotans. In lowing consumers who prefer to keep ible will increase from $3,000 to $5,000, one of the first breaches of the new those policies to do so even if the her copays for doctor visits will in- ObamaCare online marketplaces, an plan’s don’t meet the law’s require- crease by 30 percent, and her copays for employee of the Minnesota market- ments. However, the Department of prescription drugs will increase to 50 place, called MNsure, accidentally Health and Human Services has, percent. Kathy let me know that as a emailed him a document containing through regulations, all but eliminated result of these changes, her health care personally identifying information for the protections enjoyed by those in ex- expenses will now be higher than her more than 2,400 insurance agents. isting plans by saying that the income. While the incident was resolved, the grandfathering provision does not Even those who were in favor of the broker said it raised serious questions apply to plans that have undergone any law are now finding it is not being im- for him as to whether those who sign changes—even small changes to plemented as they expected. A recent up for MNsure can be confident their deductibles or copayments—since 2010. L.A. Times article profiled a young data is safe. These types of incidents Under this requirement, many of the woman who was shocked by the 50-per- are only going to increase as time goes plans that were in place before passage cent rate hike she received as a result on if rigorous testing is not performed of ObamaCare, particularly those in of the health care law. She was quoted to ensure that the data hub is suffi- the individual health insurance mar- as saying, ‘‘I was all for Obamacare ciently secure. ket, will fail to pass muster. That is until I found out I was paying for it.’’ Despite assurances by the chief tech- why we are seeing hundreds of thou- That is a refrain I think we will be nology officer for the administration in sands of Americans being dropped from hearing from a number of people who early September that ‘‘we have com- their current insurance plans and why supported ‘‘health care reform.’’ pleted security testing and received the same fate is certain to befall mil- Increased costs aren’t the only prob- certification to operate,’’ we all now lions more. lem consumers will be facing under know that all the testing had not been As I said, the Obama administration ObamaCare. There are other serious, completed until just days before the knew about these problems a long time more subtle problems that have yet to October 1 launch date and that no third ago. In fact, regulations issued in July be addressed. For example, some con- party—no third-party expert—had a of 2010 estimated that because of nor- sumers may have their personal infor- chance to review it. mal turnover in the individual insur- mation compromised by an ObamaCare But there is much we don’t know. ance market, 40 to 67 percent of con- navigator or by submitting an applica- What kind of testing was done? Who sumers would not be able to keep their tion to the federally facilitated mar- did the testing? What did they look policies. Let me repeat that. The ad- ketplace, the Federal data services for? What were the results? And per- ministration knew in July 2010 that at hub, or one of the Affordable Care Act haps most importantly, what are the least 40 to 67 percent of consumers in call centers. I have warned about that risks of using the Web site? To help get the individual market would not be for a number of months—that they are answers to these questions, today sev- able to keep their plans in place. Yet moving too fast and not doing the job eral of my colleagues on the Senate Fi- the President never took back his well enough—and a lot of people are nance Committee and I are sending a promise: ‘‘If you like your current going to get hurt. letter to Secretary Sebelius asking de- health plan, you will be able to keep Social Security numbers, employ- tailed questions about the testing pro- it.’’ This, quite frankly, is prepos- ment information, birth dates, health tocols, what waivers were received terous. records, and tax returns are among the The response we are getting from the personal data that will be transmitted with respect to the testing require- administration is that, sure, many peo- to this data hub, resulting in an un- ments, and any and all results of the ple will lose their existing health in- precedented amount of information limited testing that did occur. Hope- surance, but it will be replaced by bet- collected in one place by a government fully, that will enable Congress and the ter, cheaper options. This claim is at entity. Every piece of information American people to better understand odds with the facts. For many people, someone would need to steal an indi- exactly what is broken with the system health expenses will increase under the vidual’s identity or access their con- and help to ensure it does not happen new plan as a result of higher pre- fidential credit information will be again. miums, higher deductibles, and higher available at the fingertips of a skilled These questions and problems dem- copays. One study from the Manhattan hacker, providing a gold mine for data onstrate why it is imperative that the Institute found that individual market thieves and a staggering security Government Accountability Office— premiums will increase 99 percent for threat to consumers. The entire sys- GAO—independently verify that suffi- men and 62 percent for women nation- tem, including the data hub—a new in- cient privacy and security controls are wide. For others, the new plans may formation-sharing network that allows in place for the data hub and the entire not cover visits to their current doctor State and Federal agencies to verify Federal marketplace so that Congress or the hospital they have used in the this information—has not gone under has independent assurance that the past. That is because insurers are re- any independent review to determine necessary controls exist and that tax- ducing the number of doctors and hos- whether the data that is entered is se- payers know their personal informa- pitals covered by plans in the ex- cure. This means an individual’s per- tion is secure. That is why I introduced changes in order to reduce premium sonal and financial records may be at S. 1525, the Trust But Verify Act, prices. These changes are a direct re- serious risk of becoming available to which calls on the GAO to conduct sult of ObamaCare’s new requirements data thieves. such a review and delays implementa- and mandates. I have already been to the floor sev- tion of the exchanges until the review I have received letters from my con- eral times to discuss these issues. I am is completed. The bill currently has 32 stituents from all over Utah who are here again today because as of yet Senate cosponsors. scared, who are angry, and who are there has been no solution—or should I As you can see, Mr. President, the confused about the changes they are say no solutions—to these problems. In problems with ObamaCare are numer- facing. For example, Brenton in Provo, fact, the ObamaCare exchanges are less ous and fundamental. As I said before, UT, currently has a high-deductible than a month old and data breaches are this law was bad policy when we de- plan and uses a health savings account. already occurring at the State level. A bated it, it was bad policy when the This arrangement works well for recent CBS News story featured a Min- Democrats forced it through the Con- Brenton and his family, and they would nesota insurance broker who was look- gress, and it remains bad policy today. like to keep it. Unfortunately, ing for information about assisting I have little doubt the administra- Brenton’s plan has been canceled due with ObamaCare implementation. In- tion can eventually get the Web site up to ObamaCare. The plan he will be re- stead, what landed in his in-box last and running. They would have us be- quired to purchase is more expensive month was a document filled with the lieve that once that task is accom- and includes coverage he doesn’t want. names, Social Security numbers, and plished, everything will be fine. But There is also Kathy from Salt Lake other pieces of personal information that is simply not the case. They can’t

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7608 CONGRESSIONAL RECORD — SENATE October 29, 2013 say everything will be fine when mil- from Mississippi, is about to cast his consent to the nomination of Richard lions of Americans are losing their ex- 12,000th vote, a truly remarkable ac- F. Griffin, Jr., of the District of Colum- isting health coverage as a direct re- complishment by a remarkable man. bia, to be General Counsel of the Na- sult of the health care law. They can’t He was the first Republican to be elect- tional Labor Relations Board. say everything will be fine when health ed to the Senate from Mississippi since Mr. HARKIN. I ask for the yeas and care costs are continuing to skyrocket Reconstruction. A few years ago he was nays. even though the President claimed his named by Time magazine as one of the The PRESIDING OFFICER. Is there a health law would bring costs down. 10 most effective Members of the Sen- sufficient second? There is a sufficient And they can’t say everything will be ate, and they called him ‘‘the quiet second. fine when consumers’ personal infor- persuader.’’ The clerk will call the roll. mation is at serious risk because the For those of you who have recently The assistant bill clerk called the administration didn’t take the proper arrived at the Senate, if you have not roll. precautions with its new data system. had any dealings with Senator COCH- Mr. CORNYN. The following Senator As I said, the healthcare.gov Web site RAN yet, you will find that indeed he is is necessarily absent: the Senator from has been a debacle and the President is the quiet persuader. In fact, it may be Oklahoma (Mr. INHOFE). right to recognize it as such, but it the secret to his success. The PRESIDING OFFICER. Are there would be a huge mistake to simply He has had an extraordinarily accom- any other Senators in the Chamber de- write off the problems with ObamaCare plished career here in the Senate, and I siring to vote? as a simple IT problem. wanted to take a few moments to con- The result was announced—yeas 55, My own position on ObamaCare is gratulate him, not only on his service nays 44, as follows: to his State and the Nation but to our very clear. I support repealing the law [Rollcall Vote No. 222 Ex.] institution. in its entirety. As more and more YEAS—55 Americans lose their health coverage— Mr. HARKIN. Madam President, I Baldwin Heinrich Nelson coverage they shopped for and liked— suggest the absence of a quorum. The PRESIDING OFFICER. The Baucus Heitkamp Pryor and face outlandish costs as a result of Begich Hirono Reed clerk will call the roll. Bennet Johnson (SD) the law, I believe that position will The assistant bill clerk proceeded to Reid eventually be vindicated. In the mean- Blumenthal Kaine Rockefeller call the roll. Boxer King Sanders time, I think we can all agree that the Mr. REID. Madam President, I ask Brown Klobuchar Schatz law is simply not ready for prime time Cantwell Landrieu Schumer unanimous consent the order for the Cardin Leahy and that at the very least it should be Shaheen quorum call be rescinded. Carper Levin Stabenow delayed so we can protect the Amer- The PRESIDING OFFICER. Without Casey Manchin Tester ican people from further harm. Coons Markey objection, it is so ordered. Udall (CO) I have made this call before and I am Mr. REID. Madam President, I am Donnelly McCaskill Durbin Menendez Udall (NM) sure I will make it again. Today, with sorry I am a little late here. I see my Feinstein Merkley Warner all the new information we have re- colleague, the senior Senator from Mis- Franken Mikulski Warren ceived—the broken Web site, the secu- sissippi. I have had the pleasure of Gillibrand Murkowski Whitehouse Hagan Murphy Wyden rity problems, the skyrocketing costs, knowing THAD COCHRAN during my en- Harkin Murray and the millions of Americans losing tire stay in Washington. He is a fine existing coverage—I hope my friends man. He has had experience in the NAYS—44 on the other side of the aisle will begin House and the Senate, as I have. I have Alexander Cruz McConnell to see the light. I hope they will finally always appreciated his courtesies. He is Ayotte Enzi Moran Barrasso Fischer see what happens when one party tries Paul just such a fine human being. Blunt Flake Portman to take on something as vast and as Before his election to Congress, he Boozman Graham Risch complicated as our health care system served honorably in the U.S. Navy. He Burr Grassley Roberts all on its own without any help from was a lieutenant in the Navy. After his Chambliss Hatch Rubio Chiesa Heller Scott the other side. tour of duty, while attending law Coats Hoeven Sessions OCHRAN Coburn Isakson I hope that they would work with us school at Ole Miss, Senator C Shelby Cochran Johanns to come up with real solutions to our returned to active duty for his naval Thune Collins Johnson (WI) Nation’s health care problems. I will work, even while he was going to law Corker Kirk Toomey keep waiting, and if the problems we school. After graduating from law Cornyn Lee Vitter have seen in the last few weeks are any school in 1965, he joined the very pres- Crapo McCain Wicker indication, I should not have to wait tigious law firm Watkins & Eager in NOT VOTING—1 too much longer. Jackson, MS, and in less than 2 years Inhofe I yield the floor. he became a partner in that law firm— The PRESIDING OFFICER (Ms. WAR- which was remarkable. It speaks well The nomination was confirmed. REN). Under the previous order, all for his acumen in the law and for being The PRESIDING OFFICER. Under postcloture time is yielded back. a nice person. the previous order, the motion to re- The question occurs on the nomina- His break from public service did not consider is considered made and laid tion. last long, though. From the Navy he upon the table. The President will be Mr. HARKIN. Madam President, I ran for Congress in 1972 and served in immediately notified of the Senate’s ask for the yeas and nays. the House for 6 years before running action. The PRESIDING OFFICER. Is there a for the Senate. He served as Chairman f sufficient second? of the Republican Conference, the Agri- LEGISLATIVE SESSION At the moment there is not. culture Committee, and the Appropria- Mr. HATCH. Madam President, I sug- tions Committee. The PRESIDING OFFICER. The Sen- gest the absence of quorum. Throughout his time in Congress, ate will resume legislative session. The PRESIDING OFFICER. The Senator COCHRAN has promoted the f clerk will call the roll. best interests of Mississippi’s citizens. The assistant bill clerk proceeded to Even when we were on different sides of MORNING BUSINESS call the roll. the issues, I always respected Senator Mr. HARKIN. Madam President, I Mr. MCCONNELL. Madam President, COCHRAN’s service to his country, his ask unanimous consent that the Sen- I ask unanimous consent the order for dedication to the people of Mississippi ate be in a period of morning business the quorum call be rescinded. and to the people of this country. I for debate only until 7 p.m., with Sen- The PRESIDING OFFICER. Without congratulate him on this impressive ators permitted to speak therein for up objection, it is so ordered. milestone and appreciate most of all to 10 minutes each. SENATOR THAD COCHRAN’S12,000TH VOTE his friendship. The PRESIDING OFFICER. Without Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. The objection, it is so ordered. our good friend, the senior Senator question is, Will the Senate advise and The Senator from Tennessee.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7609 UNANIMOUS CONSENT REQUEST— plementation of the law going forward. that too many are not following S. 1590 In fact, right now, the Department is through on their responsibility to gov- Mr. ALEXANDER. Madam President, giving us daily updates on their ern. before the Internet, RCA knew how progress in fixing the Web site. After jumping from one manufac- many records Elvis was selling every So, again, let’s get on with business. tured crisis to another for the past few day. Before the Internet, Ford knew I think enough focus has been placed years, which has hurt the U.S. economy and America’s standing in the how many cars they were selling every on the mistakes. Hearings are ongoing. world, it is time for reason and sanity day. Before the Internet, McDonald’s There will be hearings in the Senate to return to the Senate—on the budget could tell you how many hamburgers it also. Let’s get the problems fixed and process, on nominations, and on a sold each day. Yet the Obama adminis- move ahead on enrollment without di- verting resources. whole host of other issues. Returning tration cannot tell us how many Amer- to regular order on the budget con- icans have tried to sign up for I thought about my friend’s proposal, and I thought maybe we should amend ference—and letting conference mem- ObamaCare. They can’t tell us how bers from the House and the Senate many people have tried to sign up for it to say we will put in more money and get more people. I don’t think my work out a final agreement free from ObamaCare. They haven’t told us what rigid ideological positions—would be a level of insurance they bought or in friend would want to do that, either, so we can take care of it. good first step to bringing some comity what ZIP Code they live. Not only can and order back to this body so we can they not tell us, they have done their So the people there need to get the problem fixed, and let’s move ahead ag- serve the American people. best to keep us from finding out. I remain ready to work with people gressively to get people enrolled in With WikiLeaks and Edward on both sides of the aisle in the hopes what is going to be a positive change Snowden spilling our beans every day, that we can find a workable budget so- what’s happening on the ObamaCare for health care in America. lution in the coming weeks, and I sug- exchanges is the only secret left in On that basis, I object. gest that everyone heed the calls for Washington. The National Security The PRESIDING OFFICER. Objec- bipartisanship and compromise made Agency should learn some lessons from tion is heard. by Senator Conrad. Secretary Sebelius. The Senator from Tennessee. With that, I ask unanimous consent We shouldn’t have to rely on anony- Mr. ALEXANDER. Madam President, that Kent Conrad’s full opinion piece mous sources to get basic information I thank my friend, the Senator from from the October 24, 2013, Washington about what’s happening with the Iowa. I’m disappointed—this adminis- Post be printed in the RECORD. ObamaCare exchanges. tration described itself as the most There being no objection, the mate- Yesterday I introduced legislation to transparent in history. All we have rial was ordered to be printed in the require the administration to tell Con- asked for is how many people are sign- RECORD, as follows: gress and the American people how ing up, how did they do, where do they [From the Washington Post, Oct. 24, 2013] many people have tried to sign up, how live, and what level of insurance do OPINION: A FAIR TRADE FOR ENTITLEMENT many did sign up, what level of insur- they have. We ought to know that. REFORM INCLUDES INCREASED REVENUE ance did they buy, in what ZIP Code do Taxpayers ought to know it. So we’ll (By Senator Kent Conrad) they live, and what the administration keep trying other ways to get the in- Kent Conrad, a Democrat, represented is doing to fix the problems. This isn’t formation the American people deserve North Dakota in the Senate from 1987 to complicated information. In the Inter- to have. 2013. net age, the administration ought to be I thank the President, yield the floor, The Post’s Oct. 20 editorial on the budget and note the absence of a quorum. challenge [‘‘A fiscal quid pro quo’’] made im- able to provide this information every portant points but was way off-base on the day. They should be able to provide it The PRESIDING OFFICER. The issue of revenue. It suggested that a fair really every minute. We shouldn’t have clerk will call the roll. trade would be reductions to the ‘‘sequester’’ to pass a law to find these things out. The assistant bill clerk proceeded to budget cuts in exchange for reforms to Medi- So I hope every Senator will support call the roll. care and Social Security and said that my legislation. It is a six-page bill. It Mr. REID. I ask unanimous consent Democrats should not insist on additional has been available to the public now that the order for the quorum call be revenue because that’s a non-starter with rescinded. many Republicans. Democrats would make a for 24 hours. It is easy to read. The serious mistake by following that advice. stakes are high for every American. The PRESIDING OFFICER. Without Our country needs more revenue to help us So I ask unanimous consent that the objection, it is so ordered. get back on track. Citing Congressional Committee on Health, Education, f Budget Office calculations, The Post said Labor, and Pensions be discharged that ‘‘federal revenue as a share of [gross do- FINDING A BUDGET SOLUTION from further consideration of S. 1590, a mestic product (GDP)] will hit 18.5 percent bill to require transparency in the op- Mr. LEAHY. Madam President, I read by 2023, near the upper-end of the postwar with great interest the recent opinion range.’’ That’s true, but the last five times eration of the American health benefit our country had a balanced budget, revenue exchanges, and that the Senate proceed piece on congressional budget negotia- averaged 20 percent of GDP. The Bowles- to its immediate consideration. I fur- tions written by my good friend Kent Simpson plan, which The Post strongly en- ther ask unanimous consent that the Conrad, our former colleague here in dorsed, achieved revenue of 20.6 percent of bill be read a third time and passed, the Senate and distinguished chair of GDP—not by raising tax rates but by broad- and the motion to reconsider be consid- the Budget Committee. ening the tax base and lowering tax rates. I have been fortunate to serve in this Tax reform should be part of any budget ered made and laid upon the table. deal. Tax reform is necessary to unlock the The PRESIDING OFFICER. Is there Chamber for the past 38 years with full potential of our economy. The current objection? principled leaders like Kent Conrad. I tax system is not fair and damages U.S. com- Mr. HARKIN. Madam President, re- was elected to the Senate in 1974, the petitiveness. A five-story building in the serving the right to object, my good same year the Congressional Budget Cayman Islands claims to be home to more friend from Tennessee has raised just Act passed into law, and I have served than 18,000 companies. Is it the most effi- another effort to divert resources from here with all of the Budget Committee cient building in the world? No! That and other tax scams cost our country more than chairs—from Edmund Muskie to PATTY the implementation of the Affordable $100 billion each year, the Senate Permanent Care Act which we can then use to fix MURRAY. Subcommittee on Investigations has found. the very problems he has mentioned. I I think Kent Conrad is right that at If we don’t fix the revenue side of the equa- will point out that we report jobs data this critical juncture we need to have a tion at the same time as we repair Social Se- on a monthly basis, and this is going to grown-up discussion about our Nation’s curity and Medicare, it will never happen. To be a different standard. I might also finances—both about the debts we suggest, as The Post does, that Democrats point out that in Medicare Part D, we incur and the ways in which we pay for should trade adjustments to the sequester for reforms to these programs assumes that release those data on a monthly basis. them. We have all heard a lot of talk in the sequester affects only Democratic prior- I agree with my friend that there the last few years about getting our ities. More than half of the $1.2 trillion in se- should be accountability for the mis- fiscal house in order. It makes for a quester cuts are to defense, long a Repub- takes that have happened and the im- great campaign slogan. But I am afraid lican priority.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7610 CONGRESSIONAL RECORD — SENATE October 29, 2013 A fair trade would be modest additions to scholarship, which sent him to Oxford will move on from the Department in revenue as part of a balanced plan. A revenue University, where he received a doc- December, knowing his insatiable in- increase of $300 billion to $400 billion over 10 torate in theoretical physics. tellectual curiosity and his continuing years would amount to only 1 percent of the Much can also be said of Ash’s dedi- desire to contribute, I suspect he will $37 trillion the federal government is ex- cation to public service. Before assum- pected to collect over that time. We can’t do never be too far away. 1 percent? Of course we can. And by reforming his current position as Deputy Sec- f retary of Defense, Ash ably served as ing the tax code, we could do it without rais- NOMINATION OF MR. THOMAS E. ing tax rates on a single American. the Under Secretary of Defense for Ac- A similar $300 billion to $400 billion in sav- quisition, Technology, and Logistics WHEELER ings out of Medicare and Medicaid would and earlier under President Clinton as Mr. ROCKEFELLER. Madam Presi- amount to about 3 percent of the $11 trillion the Assistant Secretary of Defense for dent, I rise today in support of the the federal government is expected to spend International Security Policy. nomination of Tom Wheeler to be on health care over that time. We can’t do 3 Throughout his tenure at the Pen- Chairman of the Federal Communica- percent? Of course we can. And we must: Health spending is the fastest-growing part tagon, Ash received several Defense tions Commission. of the federal budget, projected to increase Distinguished Service Medals—the De- No one can question that Mr. Wheel- from 1 percent of GDP in 1971 to more than fense Department’s highest civilian er is a supremely qualified nominee to 12 percent of GDP in 2050. And the trustees of award—as well as the Defense Intel- lead the FCC. He brings to the job a the Medicare system say it will be insolvent ligence Medal. Ash has also helped to long and distinguished career in the by 2026. promote the Nation’s defense from out- communications industry. He was a The Post was correct that adoption of a side the walls of the Pentagon through pioneer in the cable and wireless indus- ‘‘chained CPI,’’ or consumer price index, sys- his service on the boards and commit- tries, having been instrumental in the tem of measuring inflation should be part of growth of both these critical commu- any agreement. Most economists say that tees of several defense, international chained CPI, which accounts for behavioral security and counterterrorism organi- nications sectors. As an entrepreneur, changes people make when faced with in- zations, as well as at some of the he built businesses and created jobs. creasing prices, is a more accurate way of world’s finest academic institutions. This collective experience provides measuring inflation. Going to chained CPI In my view, what is just as important Mr. Wheeler with a unique insight into would raise revenue because our tax system as what Ash has done is how he has the challenges facing the Nation’s com- is indexed for inflation, and it would cut done it. With regard to the Depart- munications regulator. And it affords spending because many programs, including ment’s procurement practices, Ash ar- him the experience to lead an agency Social Security, are indexed for inflation. ticulated a cogent strategy to improve that has the most challenging and Federal spending has been cut by $900 billion in the Budget Control Act, by $1.2 tril- the Department’s buying power and complicated set of issues pending be- lion in the sequester and by more than $500 empowered good, talented people fore it since the Commission imple- billion in the 2010 continuing resolution. throughout the acquisition workforce mented the 1996 Telecommunications That is spending cuts of $2.6 trillion, while who have long been concerned about Act. I do not say this lightly. The deci- only $600 billion in revenue has been added. government inefficiency to implement sions the FCC will make over the next That is hardly balanced. that strategy effectively. Indeed, it few years will shape the future of the To suggest that Democrats should give up could be said that Ash’s most signifi- Nation’s telephone network, public on revenue because it’s a non-starter with cant legacy as the Pentagon’s chief safety, the wireless industry, broad- many Republicans is like telling Republicans they should give up on entitlement reform weapon’s purchaser is that he has casting, the Internet, and consumer because it is a non-starter with many Demo- helped to force the Department to be as protection for decades to come. crats. The truth is, both sides need to give a skilled in buying products and services The Commission has before it a num- little ground on their must-haves for real as industry is in selling them. This ber of key proceedings to implement progress to be made. achievement is perhaps best exempli- my Public Safety Spectrum legislation A mini-‘‘grand bargain’’ would require all fied, for example, in the restructuring that became law last year. Not only of these elements: changes to Social Secu- of the F–35 Joint Strike Fighter pro- will the agency implement a new tool rity and Medicare to ensure their solvency gram; the successful award of a con- for identifying spectrum through vol- for future generations; a modest increase in untary incentive auctions, the reve- revenue so all parts of society participate in tract for an aerial refueling tanker; getting our country back on track; and and making tough decisions on some nues from those auctions will provide changes to the sequester cuts that force very large, chronically poor-per- critical support for deployment of the nearly all of the deficit savings on less than forming weapon procurement pro- long-overdue nationwide interoperable 30 percent of the budget. grams. wireless broadband network for first We can do this, but everyone must be pre- Finally, as Deputy Secretary of De- responders. pared to give a little so that our nation can fense, Ash has distinguished himself Aside from that work, the Commis- gain a lot. through his professionalism. Indeed, sion is examining the future of the Na- f his commitment, skill, judgment, and tion’s voice telephone network, and temperament are reminiscent of those what the transition of that network TRIBUTE TO DR. ASHTON CARTER of some of the Pentagon’s finest lead- can mean to longstanding, funda- Mr. MCCAIN. Madam President, after ers. There can be no doubt that on mental tenets of communications pol- 41⁄2 years at top posts in the Pentagon, many issues relating to defense and na- icy like universal service, competition, Dr. Ashton Carter announced last week tional security, Ash and I have had our public safety and consumer protection. that in December he will be stepping differences. Some have been profound. The FCC continues to look at the fu- down as Deputy Secretary of Defense. But Ash has always conducted himself ture of media policy in an era when on- On this occasion, I want to recognize in a manner that appreciated the valid line video distribution looks to disrupt Ash’s many years of distinguished pub- concerns underlying opposing views, traditional business models and bring lic service—as a scholar, a professional, while also mindful of the constitu- more consumer choice to the video in- and a national leader. In so doing, I tional responsibilities of the elected of- dustry. The FCC will need to conclude also thank him for his outstanding ficials who hold them. As a result, my its work on the E-Rate program and leadership of the 2.2 million uniformed working relationship with Ash has al- update it to meet the next-generation and civilian members of the Depart- ways been respectful, candid, clear, and connectivity needs of our schools and ment of Defense and his unwavering productive. More importantly, it has libraries. And finally, the FCC will support of their most important mis- been conducive to Congress and the Ex- have to implement a decision from the sion. ecutive working together to address courts on the FCC’s net neutrality Much can be said of Ash’s scholar- some of the biggest challenges to our rules and potentially on the Commis- ship. He graduated at the top of his national defense. sion’s underlying authority to protect class with honors from Yale Univer- With this in mind, I join many in consumers in the broadband age. sity, earning degrees in medieval his- thanking Ash for his service and wish- I have absolute confidence in Mr. tory and physics. His academic ing him and his wife Stephanie fair Wheeler’s ability to guide the agency achievement also earned Ash a Rhodes winds and following seas. While Ash through its consideration of these far-

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7611 reaching issues. This confidence comes FCC to spur universal deployment of users of prescription drugs in the past in part from my strong belief that Mr. advanced technologies, foster job year and 1.9 million new nonmedical Wheeler agrees with me that the FCC growth and innovation, and protect users of either prescription or over-the- must always have consumer protection consumers. This is an agency that counter pain relievers. These stag- and the public interest as its primary oversees, by some estimates, nearly gering numbers reflect the urgent need touchstones. one-fifth of the U.S. economy. This is to raise awareness about the dangers Acting FCC Chairwoman Mignon Cly- an agency that has raised over $50 bil- associated with medicine abuse. To burn has done an excellent job as the lion for the U.S. Treasury through this end, October has been designated steward of the Commission over the spectrum auctions. This is the agency National Medicine Abuse Awareness last several months. I am proud of her that has, through smart policy, guided Month. accomplishments, especially her com- the Nation into the digital age. This is Millions of Americans are prescribed mencement of a proceeding to the agency that has wide-ranging au- medicines every year to treat the strengthen and expand the hugely suc- thority over so many communications symptoms of a variety of injuries and cessful E-Rate program, something our services that are a vital part of our illnesses, from depression to the com- Nation’s children deserve. But acting daily lives. From broadband to wireless mon cold. Many of these patients do chairs of agencies can only accomplish phones to television content to public not use the entire amount of medica- so much, particularly when they have safety communications—this little tion they were prescribed and either taken charge of an agency that lacks a forget about or do not know how to agency oversees it all. full complement of its members. It is Because we entrust the FCC with properly dispose of the leftover drug. past time for the Senate to act on Mr. such great responsibility, we expect a As a result, half-filled bottles remain in medicine cabinets across the coun- Wheeler’s nomination and to put in lot from those whom the President try for months or years. And many of place the President’s permanent head chooses to run that agency. I am of this essential agency. these medicines, when not properly pleased to support Mr. Wheeler for At its core, the FCC is a regulatory used or administered, can be just as Chairman of the FCC, and I call on my agency. Too many have forgotten that deadly and addictive as street drugs the agency’s fundamental responsi- colleagues to do the same today. With like methamphetamine or cocaine. In- bility is the regulation of communica- all the important issues before the deed, according to the NSDUH, almost tions networks. These regulations FCC, it is critical that the agency has 70 percent of those who abused preserve important policy goals. You can- a confirmed Chair and strong leader in scription drugs last year obtained them not have universal service without reg- place. I am confident, given Tom from a friend or relative, many of ulation. You cannot ensure competi- Wheeler’s extensive experience and ca- whom may have had excess drugs re- tion without regulation. You cannot pabilities in the communications in- maining in a family medicine cabinet. have consumer protection without reg- dustry, he is the right person for this As a result, Federal law enforcement ulation. Given his experience and his- job. and drug policy organizations like the tory, Mr. Wheeler understands the f Drug Enforcement Administration and vital role of the Commission and the EMPLOYEE BENEFIT RESEARCH the Office of National Drug Control need for an active, smart regulator for INSTITUTE Policy, as well as national advocacy the nation’s communications markets. groups such as the Community Anti- The Members of the Senate Com- Mr. GRASSLEY. Madam President, I Drug Coalitions of America, the Con- merce Committee have fully vetted Mr. wish to bring to my colleagues’ atten- sumer Healthcare Products Associa- Wheeler’s nomination. And an over- tion the work of the Employee Benefit tion, and the Partnership for a Drug- whelming, bipartisan majority of the Research Institute, EBRI, in acknowl- Free America, are reaching out to com- committee favorably reported Mr. edgment of the institute’s 35th anni- munity coalitions throughout the Na- Wheeler’s nomination out of com- versary. EBRI is a nonpartisan, objection to help raise awareness and ad- mittee in July. At his nomination tive, and reliable source of information dress the problem head on. hearing in June, Mr. Wheeler ably dem- and analysis of private sector health For example, in my home State of onstrated his knowledge of the issues and retirement issues in the Nation. Iowa, the Van Buren County SAFE Co- the FCC will face in the coming years. Much of EBRI’s work, including its alition—with the help of the local Mr. Wheeler answered all of the ques- data on qualified retirement accounts pharmacy and the Van Buren County tions for the record submitted to him and its analysis of health care cov- Reserve Officers—organizes regular after that hearing—including all 78 erage, is unique and available nowhere drug take-back events at various loca- questions from Republican committee else. As a research institution that is tions throughout the county to provide Members. And he did so in a sub- well respected by members and policy an avenue to properly dispose of excess stantive and detailed manner. And hon- experts on both sides of the aisle, EBRI prescription drugs. Additionally, the est, thoughtful responses by nominees is frequently asked to testify on retire- local pharmacy there has started a have always been sufficient for this ment, health, and economic security take-back program that allows the body to move forward when they are issues before committees in both the pharmacy to collect unused and ex- eminently qualified for a position and House and Senate. For more than three pired medication at any time. Another capable of fulfilling their mission. decades, the institute has provided example of the response to this crisis is It also has not been the practice of credible, reliable, and objective re- the Gateway Impact Coalition, located the Senate Commerce Committee to search, data, and analysis that Con- in Clinton, IA, that has collected near- demand that a nominee to an inde- gress can rely on. I congratulate EBRI ly 3,500 pounds of old or unwanted med- pendent regulatory agency like the on its 35th anniversary and look for- icine from residents in Clinton and FCC prejudge issues that might come ward to many more years of its valu- Jackson Counties since 2008. before his or her agency. In fact, it was able, nonpartisan, and dependable anal- We can stop the growing problem of our colleague and former Commerce ysis. medicine abuse, but it will require all Committee Chairman Senator JOHN f sectors of the community to join to- MCCAIN who, during consideration of a gether to make it happen. I applaud NATIONAL MEDICINE ABUSE past Republican FCC Chairman nomi- the work of community coalitions, AWARENESS MONTH nee, said ‘‘Just as it is not appropriate such as the Van Buren County SAFE for nominees to the bench be asked Mr. GRASSLEY. Madam President, Coalition and the Gateway Impact Coa- how they will vote on a specific issue the Centers for Disease Control has de- lition, along with many others that is currently before, or likely to clared the misuse and abuse of some throughout Iowa and the Nation. I urge come before, their court; it is not ap- prescription and over-the-counter my colleagues to do all they can in propriate for commissioners who have medicines in the United States to be an their home States to make their con- quasi-judicial responsibilities to pre- epidemic. According to the most recent stituents aware of the dangers associ- judge cases they must consider.’’ National Survey on Drug Use and ated with the misuse and abuse of pre- As Chairman of the FCC, Mr. Wheeler Health, NSDUH, there were over a scription and over-the-counter medi- will be able to use the power of the quarter of a million new nonmedical cines.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7612 CONGRESSIONAL RECORD — SENATE October 29, 2013 SPECIAL ENVOY APPOINTMENT Councilor Burton has devoted his life Council for nearly 4 decades, frequently Mr. KAINE. Madam President, as to serving the people of New Hamp- was the nominee of both the Repub- chairman of the Near East and South shire—and it is been a labor of love. He licans and the Democrats, and com- and Central Asia subcommittee on the has served with great distinction, re- fortably wins reelection by double digit Senate Foreign Relations Committee, markable diligence, Yankee wit and margins. It just goes to show you how today I cosponsored S. 653, a bill that wisdom, and a deep and abiding love for seriously he takes the job and how authorizes the President to appoint a the people of northern New Hampshire. eager he is to make a difference in the Special Envoy within the Department For 18 terms, he has represented Dis- lives of his constituents. of State to Promote Religious Freedom trict One on the State’s Executive The fruits of his labor can be found of Religious Minorities in the Near Council, distinguishing himself as a across Council District One, whether it East and South Central Asia. tireless champion for the North Coun- is an improved bridge or road, or an Unfortunately, there is a wide range try. Ray is the longest serving Execu- initiative to strengthen the economy of persecuted minorities who too often tive Councilor in New Hampshire’s his- and create jobs. are victims of discrimination, tory. He has also served for 22 years as a It can also be found in quieter ways: marginalization, and violence in the Grafton County Commissioner, and is the constituent he helped with a state region. Coptic Christians in Egypt, now the board’s Clerk. His position as agency, or the citizen who needed a Baha’i in Iran, Ahmadi Muslims in a county commissioner allows him to hand with local or county government Pakistan, and Christians in Syria are double his efforts to improve the lives examples of communities and faiths In addition to handing out his trade- of the people of northern New Hamp- that suffer intolerance. mark combs, Ray gladly gives out his I believe that all peoples deserve shire, which is his life’s work. office number, his home office number, This past weekend, Councilor Burton equal treatment, regardless of faith, his car phone number and his email ad- made the very sad announcement that and I hope the appointment of a Spe- dress—and he encourages people to use he will not seek reelection to either cial Envoy within the State Depart- them. They call for help in times of elected post next year. This was no ment will help protect those universal need—and he delivers results. doubt a difficult decision for Ray, rights. given his decades of service. I look for- In fact, a former State commissioner f ward to being in Council District One once joked that when she switched on her computer on Monday mornings, she HONORING THE JEWISH COMMU- on Friday to join with Ray’s many friends and supporters to honor his un- would find two dozen emails from NITY CENTER OF GREATER CO- Councilor Burton. That would not sur- LUMBUS matched record of service to our state. I am confident that he will continue prise me, given his view that the con- Mr. PORTMAN. Madam President, to give 110 percent to serving his concerns of his constituents are of para- today I wish to honor the 100th anni- stituents, just as he has done for dec- mount importance and should go versary of the Jewish Community Cen- ades. straight to the top. I can personally re- ter of Greater Columbus. The center But his announcement represents a port having received dozens of inquir- promotes physical, intellectual, and tremendous loss, not just for the people ies from Ray—signed with his familiar spiritual wellness for the 6,500 members of the North County, but for citizens line, ‘‘May I hear from you?’’ across Central Ohio. across New Hampshire. When not traveling his district, Ray Joseph Schonthal, an immigrant Daniel Webster once said, ‘‘. . . in is an enormously respected leader in from Austria, founded the Jewish Com- the mountains of New Hampshire, God Concord, where he first arrived in the munity Center in 1913 to assist immi- Almighty has hung out a sign to show late 1960s to work as a Sergeant at grants from Eastern Europe as they that there He makes men.’’ Webster Arms in the State House of Represent- settled into their new life in the United was referring to our beloved Old Man of atives and the State Senate. Remark- States. The center provided those im- the Mountain. But he could have just ably, he has served at the Statehouse migrants with a community center to as easily been talking about Councilor during the administrations of 10 gov- learn and to grow. Mr. Schonthal also Ray Burton, a gold standard public of- ernors. established Camp Schonthal in the cen- ficial of unmatched stature. ter, one of the first Jewish camps in No one brings the same level of dedi- In 1976, he was first elected to New the region. cation, commitment, and enthusiasm Hampshire’s Executive Council, an ex- Today, the Jewish Community Cen- to public life as Ray Burton. ecutive branch panel that functions as ter has several centers located around To him, public service is not just a a check on executive power and dates Columbus that provide adult, youth, privilege—it is a calling and a true joy. back to 1680. It is a position he has held and early childhood programs. The cen- And no one is better at constituent since 1981, earning the honorary title of ter is home to several cultural events a service than Ray Burton. ‘‘dean’’ of the council. year and hosts a recreation and District One is vast, stretching from When I served as New Hampshire’s wellness center. Pittsburg on the Canadian border Attorney General, I saw up close that The Jewish Community Center re- south to the Lakes Region, and from Councilor Burton is someone who does cently opened the Columbus Jewish the Connecticut River Valley to the his homework, asks tough questions, Day School to provide children from Mount Washington Valley. and fights with every fiber of his being kindergarten through the fifth grade He has logged countless miles trav- for what he believes is right. I also saw with a general curriculum, while also eling the villages, towns, cities and how deeply he loves our State—and helping to foster their Jewish heritage. counties of his district, frequently be- how hard he fights for the people of The Jewish Community Center of hind the wheel of a classic car. And if northern New Hampshire. Greater Columbus provides the Jewish he is not driving an antique car, you community in Central Ohio with edu- will frequently find him on a snow- Beyond his tremendous efforts on be- cational and cultural programs for mobile. half of his constituents, Ray also de- members of all ages. I congratulate all Seventeen hour days are not unusual serves great credit for working to pre- who were involved in making its first for Councilor Burton. He has been pare future generations of leaders. 100 years a success. known to start days in Claremont and After his election to the Executive Council, he initiated a student intern- f finish way up in northern Coos County, before returning to his cherished home ship program, which has become leg- ADDITIONAL STATEMENTS in Bath. endary in New Hampshire. Over the No community gathering or meeting years, 140 interns have served Coun- is too small for Councilor Burton. If it cilor Burton. Many of these young men TRIBUTE TO RAYMOND S. BURTON is important to his constituents, it is and women have gone on to great ca- ∑ Ms. AYOTTE. Madam President, important to him. reers in politics and government, car- today I wish to honor the remarkable He has said for many years that he rying on his proud tradition of excel- service of a great New Hampshire always runs for office like he is three lence in public service. I know that statesman: Councilor Raymond S. Bur- votes behind—a real statement, given Ray’s interns are a source of tremen- ton of Bath. that he has served on the Executive dous pride to him, and I commend him

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7613 for continuing a program that has moved to the Athletic Department, Throughout his life, Paul led with a served so many so well. where he served as the assistant direc- heartfelt exuberance. His wit, friendli- I am pleased to join citizens across tor of athletics and worked with coach- ness, sense of adventure, and fun-loving New Hampshire in thanking Councilor es and the Office of Enrollment Serv- spirit will be forever remembered. I Burton for his decades of extraordinary ices to develop recruitment activities have greatly valued his friendship and service to our State. No one has fought for athletes and to increase their reten- insight and extend my deep condo- harder for his constituents than Ray tion and graduation rates. Later, Ber- lences to his wife Jeanne, children, and Burton. And for generations to come, nie served as assistant vice president of many friends and family. Paul’s exem- public officials will look to Ray as a student services. plary commitment to improving our model—striving to match his tremen- Bernie Wynder’s lifetime of service natural resources and wildlife habitat dous energy, his inherent decency, and has been recognized and appreciated by will not be forgotten. His enthusiasm his extraordinary commitment to others. In 1986, Bernie received the Trio and dedication will live on in the many strengthening our beloved state.∑ Achiever’s Award for the State of lives he touched throughout his life.∑ Maryland. He was inducted into Mer- f f genthaler Vocational-Technical High REMEMBERING BERNARD WYNDER School’s Hall of Fame in 1993. He re- BUCKSKIN MINE ∑ Mr. CARDIN. Madam President, I ceived FSU’s Alumni Achievement ∑ Mr. ENZI. Madam President, I rise wish to pay tribute to an extraordinary Award in 1997 and received the College today with great pride to speak about individual, Bernard ‘‘Bernie’’ Wynder, Admissions Representative of the Year another Wyoming success story. I am who passed away at the much too Award given by the College Bound very pleased to have this opportunity young age of 58 this past June while Foundation for service to Baltimore to extend our congratulations to the serving as the president of the Alle- City high school students in 2002. In Buckskin Mine, which is located in my gany County chapter of the National 2005, Bernie received the NAACP Image home State of Wyoming, for the out- Association for the Advancement of Award. In 2010, Bernie was one of three standing record of safety they were Colored People, NAACP. Bernie over- Marylanders honored as a ‘‘Living Leg- able to compile in 2012. The mine’s came the challenges of a childhood on end’’ by the Associated Black Charities focus on safety and the great results the streets of East Baltimore and made for his ‘‘profound achievement in high- they were able to achieve speak vol- it his life’s work to mentor young er education.’’ He is also an alumnus of umes about the mine and the care and Black men and help them to succeed as Leadership Allegany. attention they give to safety and to students, professionals, husbands, and Mr. President, the Reverend Dr. Mar- keeping their employees safe at work. fathers. Bernie generously gave his tin Luther King, Jr., said, ‘‘Everybody I have often heard it said that suc- time and inimitable leadership to nu- can be great . . . because anybody can cessful safety and health programs merous community organizations, in- serve . . . You only need a heart full of don’t just ‘‘happen.’’ They take a great cluding Maryland Salem Children’s grace. A soul generated by love.’’ Dr. deal of time and effort and they result Trust, Western Maryland Food Bank, King could have been describing Bernie from a teamwork approach that in- Potomac Council Boy Scouts of Amer- Wynder, who devoted his life to service volves everyone from the owner of the ica, Big Brothers/Big Sisters, Allegany to others. The NAACP and FSU stu- mine to the dedicated and hard-work- County Multicultural Committee, dents, faculty, staff, and alumni mourn ing team that works in the mine every American Red Cross, and the City of his death, as do his brothers in Omega day. That means this safety award was Cumberland Mediation Advisory Coun- Psi Phi to whom he was a mentor and earned by everyone at the mine. cil. He also served on the Allegany a source of inspiration. His love and It is no secret. Working in a mine is County Human Relations Commission concern transformed the lives of so a difficult and dangerous job, and it re- and as chair of the Friends of the many generations of Frostburg stu- quires every worker to look out for NAACP. dents. their own safety as well as their fellow I send my deepest condolences to his Most recently, Bernie’s loving atten- workers’ safety. That kind of diligence, wife of 32 years, Robin Vowels Wynder; tion help reignite the local NAACP exercised every day, is what helps to their son, Bernard ‘‘Bear’’ Wynder Jr.; branch as a powerful voice for social ensure that all our workers will make their daughter, Brandie McIntyre; and justice in Mountain Maryland. I was the rest of his family. Bernie Wynder a safe return home at the end of the privileged to spend time with Bernie on was a man of uncommon integrity, wis- day to be with their families. my visits to Allegany County and get Simply put, that is why the Buck- dom, compassion, and commitment. We to know his love for his community skin Mine is receiving this recognition. will miss his courage and vision and and to be inspired by his passion for so- Their staff goes the extra mile every voice.∑ cial justice. day to make sure their mine is as safe Bernie was born in Baltimore on Jan- f as it can possibly be. The culture of uary 4, 1955. He graduated in 1974 from REMEMBERING PAUL RALSTIN workplace safety that is then created Mergenthaler Vocational-Technical ∑ Mr. CRAPO. Madam President, today helps to keep each of their workers fo- High School, where he served as presi- I wish to honor the life and legacy of cused on safety throughout the day. dent of the Student Senate for the Bal- an outstanding conservationist, sports- The result is this special award. timore City School System. He is a 1978 man, and dear friend. I have always believed that the best graduate of Frostburg State University Paul Ralstin’s interest in the out- way to lead is by example, and by earn- and received his master of education doors and wildlife conservation began ing this important recognition they from FSU in 1984. Bernie started his at a young age, when he was an active have established a record of safety that professional career in January 1979, ac- Boy Scout and Eagle Scout. He grew other mines will want to emulate. In cepting the position of admissions that appreciation into a strong devo- the end, that is something that will counselor & minority recruiter at FSU. tion to advancing conservation efforts continue to benefit Wyoming and the He became coordinator of minority re- as an active Ducks Unlimited volun- mining industry all across the Nation. cruitment at Slippery Rock University teer, hunter, and fisherman. A grad- The Senate Committee on Health, and then returned to FSU in 1982 as as- uate of Capital High School, Paul grew Education, Labor and Pensions, on sociate director of admissions. He up and lived in Boise. In addition to which I serve, has focused our atten- served in this role until 1986, when he serving in multiple leadership roles in tion on this key issue for many years. was promoted to be the director of the Ducks Unlimited, Inc., Ducks Unlim- As a committee, we are well aware of Office of Student Human Relations & ited Canada, and Ducks Unlimited de what an impressive record this is, and Minority Affairs. In this capacity, he Mexico, Paul was successful in the con- we hope their record of success will be- developed an academic monitoring pro- struction industry as owner of the fam- come the norm across the United gram which is still in use today. In ily construction business, Gem State States. Safe work habits create safe 1996, Bernie took over the management Builders. Paul also helped develop op- workplaces and low accident rates for duties of both the Admissions and Fi- portunities for others through serving all employees which makes our busi- nancial Aid Offices at FSU. In 2001, he as a mentor. ness community, especially our mining

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7614 CONGRESSIONAL RECORD — SENATE October 29, 2013 industry, more productive. Good safety billion into the State’s economy. NBTI micrograin carbide material without records also help to make our busi- currently offers English as a second diminishing its hardness. Carbide is 90 nesses more prosperous which is an- language to ensure recent immigrants percent tungsten—one of the hardest other benefit that comes from putting have the language skills necessary to metals on the planet—but Micro 100 workplace safety first. find good jobs. uses machines whose grinding wheels That is why it gives me a great deal The crowning achievement of Mr. are coated in industrial diamond, the of pride to extend these best wishes and Adubato’s lifelong dedication to edu- only substance known that will cut words of congratulations to every em- cation is the Robert Treat Academy tungsten. As a result, carbide tools ployee of the Buckskin Mine, its man- Charter School, which enrolls 450 stu- produced by Micro 100 stay sharp for 10 agement, and all those who have dents in grades K–8. Founded in 1997 as or 20 times longer than steel. worked so hard to keep the mine safe. one of the State’s first charter schools, For years, Micro 100 products have It took a team with a vision to create Robert Treat has gained a national rep- achieved a 99.9 percent customer satis- and put a safety program into effect, utation for its academic success and faction rate from clients engaged in a and the Buckskin mine team can be was named a Blue Ribbon school in wide range of metalworking fields, in- very proud of their efforts and the 2008. cluding mold and die making, high- great result they were able to achieve. In August 2009, Robert Treat opened speed cutting, high-precision cutting, They have made a difference that will a second campus in the Central Ward of high-performance milling of aluminum, have an impact from their own back- Newark. It started with a kindergarten plastics, and nonferrous materials, and yard to every corner of our country and first grade class and will add a hard milling. Therefore, it is only fit- that relies on mines and mining. grade each year. Between the two cam- ting that we celebrate this firm’s Now their challenge is to keep up the puses, Robert Treat will eventually en- growth and successes, as they have si- good work and to keep their excellent roll 675 students. multaneously helped create jobs in safety record going strong. With the Mr. Adubato received a doctor of hu- Idaho and enhanced the reputation of hard-working group that makes the mane letters from Kean University in American manufacturing in the global Buckskin Mine such a safe workplace, I May 2010. He received the Official community. I am proud to extend my have every confidence they will con- Knight of the Order of Merit of the Re- congratulations to Dale Newberry and tinue to serve as an example of what is public of Italy and was honored by the everyone at Micro 100 for their tremen- possible when workers and manage- New Jersey Ballet and the Archdiocese dous efforts and offer my best wishes ment work together to keep our work- of Newark as the Humanitarian of the for their continued success.∑ Year. Mr. Adubato was also honored by places safe.∑ f the Thurgood Marshall College Fund f and National Organization of African- TRIBUTE TO CORY KLUMB TRIBUTE TO STEPHEN N. American Administrators. In Sep- ∑ Mr. TESTER. Madam President, I ADUBATO, SR. tember 2009, he was honored by Essex wish to honor Cory Allen Klumb, a vet- ∑ Mr. MENENDEZ. Madam President, I County, which named the recreation eran of the U.S. Army and the Army rise today to honor the extraordinary complex in Branch Brook Park the Ste- National Guard. Cory, on behalf of all work of Stephen Adubato, Sr., and the phen N. Adubato, Sr., Sports Complex. Montanans and all Americans, I stand lifetime of contributions he has made There is no doubt that the lifetime to say thank you for your service to to better the lives of Newark, NJ resi- work of Stephen Adubato, Sr., has this Nation. It is my honor to share the greatly benefited the people of Newark. dents. From the 3- and 4-year-olds who story of Cory’s service, because no vet- His commitment to helping those attend the preschool program he found- eran’s story should ever go unrecog- around him is not only admirable, it is ed, to the older adults who are cared nized. Cory was born in Wisconsin in inspiring, and his legacy is sure to have for at Casa Israel Adult Medical Day 1965. He joined the Army in January of a lasting impact on the city. I join to- Care, thousands of people each and 1986 and reached the rank of sergeant gether with all New Jerseyans in when he was discharged in May of 1989. every day are positively touched by the thanking him for a career of remark- After a few years, Cory decided to use institutions that Mr. Adubato has cre- able contribution.∑ the veterans’ education benefits he ated. Mr. Adubato began his own career in f earned to attend Montana State Uni- versity, a State he had only visited education as a history and government RECOGNIZING MICRO 100 once before. teacher in the Newark public schools, ∑ Mr. RISCH. Madam President, sons In 1999, Cory got a job with the Mon- where he taught for 15 years. While can learn so much from their fathers. tana Highway Patrol and decided to en- teaching, he obtained a master’s degree Whether it is changing a tire, throwing list in the Montana Army National in education and completed the a football, or loving a family, the les- Guard—10 years to the day after he was coursework for a doctorate in edu- sons derived from our fathers can have discharged from active duty. Cory was cation. a profound impact on our lives. In 1969, a member of the 143rd Military Police Beginning in 1970, Mr. Adubato built 24-year old Dale Newberry agreed to Detachment out of Belgrade. In 2003, the North Ward Center from a small join his father Jack in a family busi- his unit was deployed to Iraq to assist storefront office on Bloomfield Avenue ness selling cutting tools to local ma- with Operation Iraqi Freedom. into the thriving institution it is chine shops. What began 44 years ago On April 13, 2004, Cory’s convoy was today. During an era of instability, un- as a two-machine operation based out traveling from Baghdad National Air- certainty, and transformation in the of a carport of a southern California port to their station when they were city, the North Ward Center served as home is now a $15 million-a-year busi- struck by an improvised explosive de- a pillar of stability, offering job train- ness based in Meridian, ID, that em- vise, or I-E-D. Fortunately, no lives ing, education, and recreational oppor- ploys 110 Idahoans and sells from a were lost in that explosion, but Cory tunities to families struggling for sur- catalog of 12,000 carbide cutting tools experienced permanent hearing dam- vival. Given his strong commitment to to more than 600 U.S. distributors and age. Two months later, the 143rd MP education, it is no surprise that one of others in 40 countries. detachment returned to Montana. Cory the first programs created by the Micro 100 specializes in manufac- left the National Guard in 2006 at the North Ward Center was a preschool. turing both industry standard and cus- rank of staff sergeant. Today, the North Ward Child Develop- tom carbide tools which are used to Today, he is a police sergeant in ment Center educates 700 children a manufacture items essential to modern Bozeman, where he lives with his wife year and is one of the largest Abbott life, including airplane wings, watch Kelly and his daughter Piper. preschools in the State. parts, telephone receivers, car-door Earlier this month, in the presence of In 1980, the North Ward Center found- handles, and household appliance com- Cory’s family, it was my honor to ed the Newark Business Training Insti- ponents. The strength of these tools present him with his Purple Heart tute, NBTI, which has helped thou- makes them virtually unbreakable. Medal. sands of adults transition from welfare Micro 100 utilizes a proprietary proc- This decoration—and the decorations to work and has returned more than $1 ess that increases the toughness of that Cory has already received—are

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7615 small tokens, but they are powerful retary of Veterans Affairs relating to bene- HELLER, Mr. ENZI, Mrs. HAGAN, Mr. symbols of true heroism, sacrifice and fits, and for other purposes; to the Com- THUNE, Mr. COONS, Mr. HOEVEN, Ms. dedication to service. This medal is mittee on Veterans’ Affairs. LANDRIEU, Mr. COATS, Mr. BEGICH, H.R. 3304. An act to authorize and request Mr. RISCH, Ms. KLOBUCHAR, Mr. presented on behalf of a grateful na- the President to award the Medal of Honor ∑ BLUNT, Mr. FRANKEN, and Mr. tion. to Bennie G. Adkins and Donald P. Sloat of CRAPO): f the United States Army for acts of valor dur- S. 1600. A bill to facilitate the reestablish- ing the Vietnam Conflict and to authorize ment of domestic, critical mineral designa- MESSAGE FROM THE HOUSE the award of the Medal of Honor to certain tion, assessment, production, manufac- At 2:28 p.m., a message from the other veterans who were previously rec- turing, recycling, analysis, forecasting, House of Representatives, delivered by ommended for award of the Medal of Honor; workforce, education, research, and inter- to the Committee on Armed Services. national capabilities in the United States, Mrs. Cole, one of its reading clerks, an- f and for other purposes; to the Committee on nounced that the House has passed the Energy and Natural Resources. following bills, in which it requests the MEASURES PLACED ON THE By Mr. HOEVEN (for himself and Ms. concurrence of the Senate: CALENDAR HEITKAMP): H.R. 1405. An act to amend title 38, United The following bill was read the sec- S. 1601. A bill to ensure that certain communities may be granted exceptions for States Code, to require the Secretary of Vet- ond time, and placed on the calendar: erans Affairs to include a notice of disagree- floodproofed residential basements for pur- S. 1592. A bill to provide for a delay of the ment form in any notice of decision issued poses of determining risk premium rates for individual mandate under the Patient Pro- for the denial of a benefit sought, to improve flood insurance; to the Committee on Bank- tection and Affordable Care Act until the the supervision of fiduciaries of veterans ing, Housing, and Urban Affairs. American Health Benefit Exchanges are under the laws administered by the Sec- By Mr. BLUMENTHAL: functioning properly. retary of Veterans Affairs, and for other pur- S. 1602. A bill to establish in the Depart- poses. f ment of Veterans Affairs a national center H.R. 1742. An act to exclude from consider- for the diagnosis, treatment, and research of INTRODUCTION OF BILLS AND health conditions of the descendants of vet- ation as income under the United States JOINT RESOLUTIONS Housing Act of 1937 payments of pension erans exposed to toxic substances during made under section 1521 of title 38, United The following bills and joint resolu- service in the Armed Forces, to provide cer- States Code, to veterans who are in need of tions were introduced, read the first tain services to those descendants, to estab- regular aid and attendance, and for other and second times by unanimous con- lish an advisory board on exposure to toxic substances, and for other purposes; to the purposes. sent, and referred as indicated: H.R. 2011. An act to amend title 38, United Committee on Veterans’ Affairs. By Mr. CRUZ (for himself and Mr. COR- States Code, to provide for a two-year exten- By Ms. STABENOW (for herself and NYN): sion of the Veterans’ Advisory Committee on Mr. LEVIN): S. 1594. A bill to designate the United Education. S. 1603. A bill to reaffirm that certain land States courthouse located at 101 East Pecan H.R. 2189. An act to improve the processing has been taken into trust for the benefit of Street in Sherman, Texas, as the Paul Brown of disability claims by the Department of the Match-E–Be-Nash-She-Wish Band of United States Courthouse; to the Committee Veterans Affairs, and for other purposes. Pottawatami Indians, and for other pur- on Environment and Public Works. H.R. 2481. An act to make certain improve- poses; to the Committee on Indian Affairs. By Mr. UDALL of New Mexico (for ments in the laws administered by the Sec- By Mr. SANDERS: himself, Mr. UDALL of Colorado, and S. 1604. A bill to amend title 38, United retary of Veterans Affairs relating to bene- Mr. CARDIN): States Code, to expand and enhance eligi- fits, and for other purposes. S. 1595. A bill to establish a renewable elec- bility for health care and services through H.R. 3304. An act to authorize and request tricity standard, and for other purposes; to the Department of Veterans Affairs, and for the President to award the Medal of Honor the Committee on Energy and Natural Re- other purposes; to the Committee on Vet- to Bennie G. Adkins and Donald P. Sloat of sources. erans’ Affairs. the United States Army for acts of valor dur- By Mr. TOOMEY: By Ms. MURKOWSKI: ing the Vietnam Conflict and to authorize S. 1596. A bill to require State educational S. 1605. A bill for the relief of Michael G. the award of the Medal of Honor to certain agencies that receive funding under the Ele- Faber; to the Committee on Energy and Nat- other veterans who were previously rec- mentary and Secondary Education Act of ural Resources. ommended for award of the Medal of Honor. 1965 to have in effect policies and procedures By Mr. UDALL of Colorado: f on background checks for school employees; S. 1606. A bill to designate the community- to the Committee on Health, Education, based outpatient clinic of the Department of MEASURES REFERRED Labor, and Pensions. Veterans Affairs to be constructed at 3141 The following bills were read the first By Mr. MORAN (for himself and Mr. Centennial Boulevard, Colorado Springs, Col- and the second times by unanimous BROWN): orado, as the ‘‘PFC Floyd K. Lindstrom De- S. 1597. A bill to provide for the use of sav- consent, and referred as indicated: partment of Veterans Affairs Clinic’’; to the ings promotion raffle products by financial Committee on Veterans’ Affairs. H.R. 1405. An act to amend title 38, United institutions to encourage savings, and for By Mr. SCHATZ (for himself and Ms. States Code, to require the Secretary of Vet- other purposes; to the Committee on Bank- HIRONO): erans Affairs to include a notice of disagree- ing, Housing, and Urban Affairs. S. 1607. A bill to provide conformity in Na- ment form in any notice of decision issued By Mrs. BOXER (for herself, Mr. SCHU- tive small business opportunities and pro- for the denial of a benefit sought, to improve MER, and Ms. HIRONO): mote job creation, manufacturing, and the supervision of fiduciaries of veterans S. 1598. A bill to provide a process for en- American economic recovery; to the Com- under the laws administered by the Sec- suring the United States does not default on mittee on Small Business and Entrepreneur- retary of Veterans Affairs, and for other pur- its obligations; to the Committee on Fi- ship. poses; to the Committee on Veterans’ Af- nance. By Mr. SCHATZ: fairs. By Mr. LEAHY (for himself, Mr. LEE, S. 1608. A bill to authorize appropriations H.R. 1742. An act to exclude from consider- Mr. DURBIN, Mr. HELLER, Mr. for the SelectUSA Initiative, and for other ation as income under the United States BLUMENTHAL, Ms. MURKOWSKI, Ms. purposes; to the Committee on Commerce, Housing Act of 1937 payments of pension HIRONO, Mr. UDALL of New Mexico, Science, and Transportation. made under section 1521 of title 38, United Mr. BEGICH, Ms. BALDWIN, Mr. HEIN- By Ms. MURKOWSKI (for herself and States Code, to veterans who are in need of RICH, Mr. MARKEY, Mr. UDALL of Col- Mr. BEGICH): regular aid and attendance, and for other orado, Ms. WARREN, Mr. MERKLEY, S. 1609. A bill to amend title 14, United purposes; to the Committee on Banking, Mr. TESTER, Mr. SCHATZ, and Mr. States Code, to authorize the Commandant Housing, and Urban Affairs. MENENDEZ): of the United States Coast Guard to lease H.R. 2011. An act to amend title 38, United S. 1599. A bill to reform the authorities of tidelands and submerged lands under control States Code, to provide for a two-year exten- the Federal Government to require the proof the Coast Guard for periods longer than sion of the Veterans’ Advisory Committee on duction of certain business records, conduct five years; to the Committee on Commerce, Education; to the Committee on Veterans’ electronic surveillance, use pen registers and Science, and Transportation. Affairs. trap and trace devices, and use other forms By Mr. MENENDEZ (for himself, Mr. H.R. 2189. An act to improve the processing of information gathering for foreign intel- ISAKSON, Ms. LANDRIEU, Mr. COCHRAN, of disability claims by the Department of ligence, counterterrorism, and criminal pur- Mr. MERKLEY, Mr. VITTER, Mr. Veterans Affairs, and for other purposes; to poses, and for other purposes; to the Com- HOEVEN, Ms. HEITKAMP, Mr. SCHUMER, the Committee on Veterans’ Affairs. mittee on the Judiciary. Mrs. GILLIBRAND, Mr. MARKEY, Mr. H.R. 2481. An act to make certain improve- By Ms. MURKOWSKI (for herself, Mr. NELSON, Mr. BEGICH, Ms. WARREN, ments in the laws administered by the Sec- WYDEN, Mr. UDALL of Colorado, Mr. and Mr. FRANKEN):

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SENATE RESOLUTIONS S. 372 S. 700 The following concurrent resolutions At the request of Ms. WARREN, her At the request of Mr. KAINE, the and Senate resolutions were read, and name was added as a cosponsor of S. name of the Senator from Ohio (Mr. referred (or acted upon), as indicated: 372, a bill to provide for the reduction BROWN) was added as a cosponsor of S. By Mr. MERKLEY (for himself, Mr. of unintended pregnancy and sexually 700, a bill to ensure that the education CRAPO, Mr. DURBIN, Mrs. MURRAY, transmitted infections, including HIV, and training provided members of the Mr. SCHATZ, Mr. BROWN, Mr. UDALL of and the promotion of healthy relation- Armed Forces and veterans better as- New Mexico, Mr. HEINRICH, Mr. ships, and for other purposes. sists members and veterans in obtain- BEGICH, Ms. WARREN, and Mr. S. 395 CARDIN): ing civilian certifications and licenses, S. Res. 276. A resolution designating Octo- At the request of Mr. DURBIN, the and for other purposes. name of the Senator from Massachu- ber 2013 as ‘‘National Work and Family S. 709 Month’’; considered and agreed to. setts (Mr. MARKEY) was added as a co- At the request of Ms. STABENOW, the sponsor of S. 395, a bill to amend the f names of the Senator from Rhode Is- Animal Welfare Act to provide further land (Mr. WHITEHOUSE) and the Senator ADDITIONAL COSPONSORS protection for puppies. from Massachusetts (Ms. WARREN) were S. 29 S. 541 added as cosponsors of S. 709, a bill to At the request of Mr. PORTMAN, the At the request of Ms. LANDRIEU, the amend title XVIII of the Social Secu- name of the Senator from Missouri name of the Senator from Wisconsin rity Act to increase diagnosis of Alz- (Mr. BLUNT) was added as a cosponsor (Ms. BALDWIN) was added as a cospon- heimer’s disease and related demen- of S. 29, a bill to amend title 31, United sor of S. 541, a bill to prevent human tias, leading to better care and out- States Code, to provide for automatic health threats posed by the consump- comes for Americans living with Alz- continuing resolutions. tion of equines raised in the United heimer’s disease and related demen- S. 80 States. ORNYN tias. At the request of Mr. C , the S. 554 name of the Senator from Nevada (Mr. S. 731 At the request of Mr. ISAKSON, the HELLER) was added as a cosponsor of S. name of the Senator from Louisiana At the request of Mr. MANCHIN, the 80, a bill to amend the DNA Analysis (Mr. VITTER) was added as a cosponsor name of the Senator from Alaska (Ms. Backlog Elimination Act of 2000 to proof S. 554, a bill to provide for a biennial MURKOWSKI) was added as a cosponsor vide for Debbie Smith grants for audit- budget process and a biennial appro- of S. 731, a bill to require the Board of ing sexual assault evidence backlogs priations process and to enhance over- Governors of the Federal Reserve Sys- and to establish a Sexual Assault Fo- sight and the performance of the Fed- tem, the Federal Deposit Insurance rensic Evidence Reporting System, and Corporation, and the Office of the for other purposes. eral Government. S. 635 Comptroller of the Currency to conduct S. 203 At the request of Mr. BROWN, the an empirical impact study on proposed At the request of Mr. PORTMAN, the rules relating to the International name of the Senator from Montana names of the Senator from North Caro- lina (Mr. BURR) and the Senator from Basel III agreement on general risk- (Mr. BAUCUS) was added as a cosponsor Oregon (Mr. MERKLEY) were added as based capital requirements, as they of S. 203, a bill to require the Secretary apply to community banks. of the Treasury to mint coins in rec- cosponsors of S. 635, a bill to amend the S. 820 ognition and celebration of the Pro Gramm-Leach-Bliley Act to provide an Football Hall of Fame. exception to the annual written pri- At the request of Mrs. FEINSTEIN, the names of the Senator from Michigan S. 209 vacy notice requirement. (Mr. LEVIN), the Senator from Cali- At the request of Mr. PAUL, the name S. 641 of the Senator from Ohio (Mr. At the request of Mr. WYDEN, the fornia (Mrs. BOXER), the Senator from Connecticut (Mr. BLUMENTHAL) and the PORTMAN) was added as a cosponsor of name of the Senator from Wisconsin S. 209, a bill to require a full audit of (Ms. BALDWIN) was added as a cospon- Senator from Washington (Mrs. MUR- the Board of Governors of the Federal sor of S. 641, a bill to amend the Public RAY) were added as cosponsors of S. 820, Reserve System and the Federal re- Health Service Act to increase the a bill to provide for a uniform national serve banks by the Comptroller Gen- number of permanent faculty in pallia- standard for the housing and treatment eral of the United States, and for other tive care at accredited allopathic and of egg-laying hens, and for other pur- purposes. osteopathic medical schools, nursing poses. S. 264 schools, and other programs, to pro- S. 822 At the request of Ms. STABENOW, the mote education in palliative care and At the request of Mr. LEAHY, the name of the Senator from New Jersey hospice, and to support the develop- name of the Senator from Utah (Mr. (Mr. MENENDEZ) was added as a cospon- ment of faculty careers in academic HATCH) was added as a cosponsor of S. sor of S. 264, a bill to expand access to palliative medicine. 822, a bill to protect crime victims’ community mental health centers and S. 653 rights, to eliminate the substantial improve the quality of mental health At the request of Mr. KAINE, his backlog of DNA samples collected from care for all Americans. name was added as a cosponsor of S. crime scenes and convicted offenders, S. 288 653, a bill to provide for the establish- to improve and expand the DNA testing At the request of Ms. LANDRIEU, the ment of the Special Envoy to Promote capacity of Federal, State, and local name of the Senator from California Religious Freedom of Religious Minori- crime laboratories, to increase re- (Mrs. FEINSTEIN) was added as a co- ties in the Near East and South Cen- search and development of new DNA sponsor of S. 288, a bill to increase the tral Asia. testing technologies, to develop new participation of historically underrep- S. 669 training programs regarding the collec- resented demographic groups in At the request of Mr. ISAKSON, the tion and use of DNA evidence, to pro- science, technology, engineering, and name of the Senator from Tennessee vide post conviction testing of DNA mathematics education and industry. (Mr. ALEXANDER) was added as a co- evidence to exonerate the innocent, to S. 289 sponsor of S. 669, a bill to make perma- improve the performance of counsel in At the request of Ms. LANDRIEU, the nent the Internal Revenue Service Free State capital cases, and for other pur- names of the Senator from Minnesota File program. poses.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7617 S. 924 S. 1187 ISAKSON) was added as a cosponsor of S. At the request of Mr. MENENDEZ, the At the request of Ms. STABENOW, the 1351, supra. name of the Senator from Montana names of the Senator from Massachu- S. 1357 (Mr. TESTER) was added as a cosponsor setts (Mr. MARKEY) and the Senator At the request of Mr. BAUCUS, the of S. 924, a bill to amend the Robert T. from Alaska (Mr. BEGICH) were added names of the Senator from Washington Stafford Disaster Relief and Emer- as cosponsors of S. 1187, a bill to pre- (Ms. CANTWELL) and the Senator from gency Assistance Act to enhance exist- vent homeowners from being forced to New York (Mrs. GILLIBRAND) were ing programs providing mitigation as- pay taxes on forgiven mortgage loan added as cosponsors of S. 1357, a bill to sistance by encouraging States to debt. extend the trade adjustment assistance adopt and actively enforce State build- S. 1195 program. ing codes, and for other purposes. At the request of Mr. BARRASSO, the S. 1452 S. 932 name of the Senator from New Hamp- At the request of Mr. FRANKEN, the At the request of Mr. BEGICH, the shire (Ms. AYOTTE) was added as a co- name of the Senator from Delaware name of the Senator from Montana sponsor of S. 1195, a bill to repeal the (Mr. COONS) was added as a cosponsor (Mr. TESTER) was added as a cosponsor renewable fuel standard. of S. 1452, a bill to enhance trans- of S. 932, a bill to amend title 38, S. 1249 parency for certain surveillance pro- United States Code, to provide for ad- At the request of Mr. BLUMENTHAL, grams authorized by the Foreign Intel- vance appropriations for certain discre- the names of the Senator from North ligence Surveillance Act of 1978 and for tionary accounts of the Department of Carolina (Mrs. HAGAN) and the Senator other purposes. Veterans Affairs. from Minnesota (Mr. FRANKEN) were S. 1490 S. 945 added as cosponsors of S. 1249, a bill to At the request of Mr. FLAKE, the At the request of Mrs. SHAHEEN, the rename the Office to Monitor and Com- names of the Senator from Florida (Mr. name of the Senator from Michigan bat Trafficking of the Department of RUBIO) and the Senator from Wyoming (Ms. STABENOW) was added as a cospon- State the Bureau to Monitor and Com- (Mr. ENZI) were added as cosponsors of sor of S. 945, a bill to amend title XVIII bat Trafficking in Persons and to pro- S. 1490, a bill to delay the application of the Social Security Act to improve vide for an Assistant Secretary to head of the Patient Protection and Afford- access to diabetes self-management such Bureau, and for other purposes. able Care Act. training by authorizing certified diabe- S. 1302 S. 1507 tes educators to provide diabetes self- At the request of Mr. HARKIN, the At the request of Mr. MORAN, the management training services, includ- name of the Senator from New Mexico name of the Senator from Idaho (Mr. ing as part of telehealth services, under (Mr. UDALL) was added as a cosponsor CRAPO) was added as a cosponsor of S. part B of the Medicare program. of S. 1302, a bill to amend the Employee 1507, a bill to amend the Internal Rev- Retirement Income Security Act of S. 1012 enue Code of 1986 to clarify the treat- 1974 and the Internal Revenue Code of ment of general welfare benefits pro- At the request of Mr. BLUNT, the 1986 to provide for cooperative and name of the Senator from North Caro- vided by Indian tribes. small employer charity pension plans. lina (Mrs. HAGAN) was added as a co- S. 1517 sponsor of S. 1012, a bill to amend title S. 1318 At the request of Mr. WHITEHOUSE, XVIII of the Social Security Act to im- At the request of Mr. SCHUMER, the the names of the Senator from Hawaii prove operations of recovery auditors name of the Senator from Oregon (Mr. (Mr. SCHATZ) and the Senator from under the Medicare integrity program, MERKLEY) was added as a cosponsor of South Dakota (Mr. JOHNSON) were to increase transparency and accuracy S. 1318, a bill to amend title XIX of the added as cosponsors of S. 1517, a bill to in audits conducted by contractors, Social Security Act to cover physician amend the Public Health Services Act and for other purposes. services delivered by podiatric physi- and the Social Security Act to extend cians to ensure access by Medicaid health information technology assist- S. 1053 beneficiaries to appropriate quality ance eligibility to behavioral health, At the request of Mr. WYDEN, the foot and ankle care, to amend title mental health, and substance abuse name of the Senator from Kansas (Mr. XVIII of such Act to modify the re- professionals and facilities, and for MORAN) was added as a cosponsor of S. quirements for diabetic shoes to be in- other purposes. 1053, a bill to amend title XVIII of the cluded under Medicare, and for other S. 1529 Social Security Act to strengthen and purposes. protect Medicare hospice programs. At the request of Ms. BALDWIN, the S. 1332 names of the Senator from Washington S. 1150 At the request of Ms. COLLINS, the (Mrs. MURRAY), the Senator from Dela- At the request of Mr. BLUMENTHAL, name of the Senator from Minnesota ware (Mr. COONS), the Senator from the name of the Senator from New (Ms. KLOBUCHAR) was added as a co- Rhode Island (Mr. WHITEHOUSE), the York (Mrs. GILLIBRAND) was added as a sponsor of S. 1332, a bill to amend title Senator from Oregon (Mr. MERKLEY), cosponsor of S. 1150, a bill to post- XVIII of the Social Security Act to en- the Senator from Massachusetts (Mr. humously award a congressional gold sure more timely access to home MARKEY), the Senator from Minnesota medal to Constance Baker Motley. health services for Medicare bene- (Ms. KLOBUCHAR), the Senator from S. 1158 ficiaries under the Medicare program. New Hampshire (Mrs. SHAHEEN), the At the request of Mr. WARNER, the S. 1340 Senator from Maryland (Mr. CARDIN) name of the Senator from North Caro- At the request of Mr. ROCKEFELLER, and the Senator from Vermont (Mr. lina (Mrs. HAGAN) was added as a co- the name of the Senator from Con- LEAHY) were added as cosponsors of S. sponsor of S. 1158, a bill to require the necticut (Mr. MURPHY) was added as a 1529, a bill to provide benefits to do- Secretary of the Treasury to mint cosponsor of S. 1340, a bill to improve mestic partners of Federal employees. coins commemorating the 100th anni- passenger vessel security and safety, S. 1551 versary of the establishment of the Na- and for other purposes. At the request of Mr. WYDEN, the tional Park Service, and for other pur- S. 1351 name of the Senator from Hawaii (Ms. poses. At the request of Mr. KAINE, the HIRONO) was added as a cosponsor of S. S. 1174 name of the Senator from West Vir- 1551, a bill to reform the authorities of At the request of Mr. BLUMENTHAL, ginia (Mr. MANCHIN) was added as a co- the Federal Government to require the the names of the Senator from Alaska sponsor of S. 1351, a bill to provide for production of certain business records, (Ms. MURKOWSKI) and the Senator from fiscal gap and generational accounting conduct electronic surveillance, use Massachusetts (Mr. MARKEY) were analysis in the legislative process, the pen registers and trap and trace de- added as cosponsors of S. 1174, a bill to President’s budget, and annual long- vices, and use other forms of informa- award a Congressional Gold Medal to term fiscal outlook reports. tion gathering for foreign intelligence, the 65th Infantry Regiment, known as At the request of Mr. THUNE, the counterterrorism, and criminal pur- the Borinqueneers. name of the Senator from Georgia (Mr. poses, and for other purposes.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7618 CONGRESSIONAL RECORD — SENATE October 29, 2013 S. 1590 the Eastern District of Texas. He of information gathering for foreign in- At the request of Mr. ALEXANDER, the joined the court in 1985, after being telligence, counterterrorism, and names of the Senator from Wyoming nominated by President Reagan. He criminal purposes, and for other pur- (Mr. ENZI), the Senator from Oklahoma served on that court admirably until poses; to the Committee on the Judici- (Mr. INHOFE), the Senator from Maine his death on November 26, 2012. ary. (Ms. COLLINS), the Senator from Mis- Judge Paul Brown was born on Octo- Mr. LEAHY. Mr. President, the For- souri (Mr. BLUNT), the Senator from ber 4, 1926. He was the youngest of 6 eign Intelligence Surveillance Act, or Arizona (Mr. FLAKE), the Senator from children. He was raised on a farm near FISA, was enacted 35 years ago to limit Georgia (Mr. ISAKSON), the Senator Pottsboro, TX. He graduated from the government’s ability to engage in from South Dakota (Mr. THUNE), the Denison High School in 1943. domestic surveillance operations. In Senator from Mississippi (Mr. COCH- He left home to attend the Univer- the years since September 11, 2001, Con- RAN), the Senator from Indiana (Mr. sity of Texas at Austin. But with World gress has repeatedly expanded the COATS) and the Senator from Wyoming War II escalating, he left UT to enlist scope of this law to provide the govern- (Mr. BARRASSO) were added as cospon- in the Navy at the age of 17. He re- ment with broad new powers to gather sors of S. 1590, a bill to amend the Pa- turned to UT, where he got his law de- information about law-abiding Ameri- tient Protection and Affordable Care gree in 1950. He is said to have loved cans. No one underestimates the threat Act to require transparency in the op- UT so much that a fellow judge once this country continues to face, and we eration of American Health Benefit Ex- recalled that although Judge Brown can all agree that the intelligence com- changes. never wore a burnt orange tie on the munity should be given necessary and bench, you could see him ‘‘glow or- appropriate tools to help keep us safe. S. 1592 But we should also agree that there At the request of Mr. RUBIO, the ange’’ by simply mentioning UT. Just after Judge Brown got his law must be reasonable limits on the sur- name of the Senator from South Da- veillance powers we give to the govern- degree, the Korean War began. And he kota (Mr. THUNE) was added as a co- ment. That is why I have consistently served our country admirably once sponsor of S. 1592, a bill to provide for fought to curtail the sweeping powers again in the Navy from 1950 to 1951. In a delay of the individual mandate contained in the USA PATRIOT Act 1951, he returned to Sherman, TX, and under the Patient Protection and Af- and FISA Amendments Act, while also began private practice. In 1953, he was fordable Care Act until the American bolstering privacy protections and appointed as an Assistant U.S. Attor- Health Benefit Exchanges are func- strengthening oversight. And that is tioning properly. ney for the Eastern District of Texas. why I continue my efforts today by President Eisenhower named him U.S. S. RES. 26 joining with Congressman JIM SENSEN- Attorney for the Eastern District of At the request of Mr. MORAN, the BRENNER, as well as members of Con- name of the Senator from Nevada (Mr. Texas in 1959. gress from both political parties, to in- After meeting and marrying Francis HELLER) was added as a cosponsor of S. troduce the bipartisan USA FREEDOM Morehead in Texarkana, Judge Brown Res. 26, a resolution recognizing that Act of 2013. then moved back to Sherman and reen- access to hospitals and other health Over the past several months, Ameri- tered private practice in 1961. After al- care providers for patients in rural cans have learned that government most a quarter century of practicing areas of the United States is essential surveillance programs conducted under law in Sherman, Senator Phil Gramm to the survival and success of commu- FISA are far broader than previously recommended Judge Brown to Presi- nities in the United States. understood. Section 215 of the USA PA- dent Reagan for a new vacancy in the S. RES. 254 TRIOT Act has for years been secretly Eastern District of Texas. interpreted to authorize the dragnet At the request of Mr. ENZI, the name Judge Brown was confirmed for this collection of Americans’ phone records of the Senator from Indiana (Mr. DON- vacancy in 1985. He served with distinc- on an unprecedented scale, regardless NELLY) was added as a cosponsor of S. tion for the next 27 years. Judge Brown Res. 254, a resolution designating No- of whether those Americans have any took senior status in 2001. At Judge connection to terrorist activities or vember 2, 2013, as ‘‘National Bison Brown’s retirement celebration, Chief groups. The American public also Day’’. Judge Heartfield called Judge Brown learned more about the government’s S. RES. 270 ‘‘a textbook member’’ of ‘‘the Greatest broad collection of Internet data At the request of Mr. KIRK, the name Generation.’’ through the use of Section 702 of FISA. of the Senator from California (Mrs. His legacy lives on today, as the And the world has learned that this BOXER) was added as a cosponsor of S. Judge Paul Brown Endowed Scholar- surveillance has extended to millions Res. 270, a resolution supporting the ship was established at the University of individuals in the global community goals and ideals of World Polio Day and of Texas School of Law in 2005. He was including some of our allies and their commending the international commu- honored as a Distinguished Alumnus of leaders. These revelations have under- nity and others for their efforts to pre- Denison High School in 2006. mined Americans’ trust in our intel- vent and eradicate polio. Judge Brown will be missed by his ligence community and harmed our re- f family, his community, and his nation. lationships with some of our most im- He, and his family, deserve this great STATEMENTS ON INTRODUCED portant international partners. honor, as the people of Sherman, TX, BILLS AND JOINT RESOLUTIONS While I do not condone the manner in will forever remember the great jurist, which these and other highly classified By Mr. CRUZ (for himself and Mr. Judge Paul Brown. programs were disclosed, I agree with CORNYN): the Director of National Intelligence S. 1594. A bill to designate the United By Mr. LEAHY (for himself, Mr. that this debate about surveillance States courthouse located at 101 East LEE, Mr. DURBIN, Mr. HELLER, needed to happen. It is a debate that Pecan Street in Sherman, Texas, as the Mr. BLUMENTHAL, Ms. MUR- some of us in Congress have been en- Paul Brown United States Courthouse; KOWSKI, Ms. HIRONO, Mr. UDALL gaged in for years. Since this summer, to the Committee on Environment and of New Mexico, Mr. BEGICH, Ms. the Judiciary Committee convened two Public Works. BALDWIN, Mr. HEINRICH, Mr. public hearings and a classified brief- Mr. CRUZ. Mr. President, I rise today MARKEY, Mr. UDALL of Colo- ing with officials from the administra- to honor the late Judge Paul Brown, rado, Ms. WARREN, Mr. tion, including the Director of National and to urge the Senate to adopt a bill MERKLEY, Mr. TESTER, Mr. Intelligence, the Director of the Na- I am introducing, along with the Sen- SCHATZ, and Mr. MENENDEZ): tional Security Agency, and the Dep- ior Senator from Texas. This bill will S. 1599. A bill to reform the authori- uty Attorney General. rename the Federal courthouse in ties of the Federal Government to re- As a result of these hearings and the Sherman, TX, as the Paul Brown quire the production of certain busi- recent declassification of documents by United States Courthouse. ness records, conduct electronic sur- the administration, the public now Judge Brown was a Federal judge for veillance, use pen registers and trap knows about the repeated and substan- the United States District Court for and trace devices, and use other forms tial legal and policy violations by the

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7619 NSA in its implementation of both Sec- ator LEE, Senator DURBIN, Senator erwise. This bill also shortens the FISA tion 215 and Section 702. The public HELLER, Senator BLUMENTHAL, Senator Amendments Act sunset by 2 years, now knows that, in addition to col- MURKOWSKI, Senator HIRONO, Senator and adds a new sunset for National Se- lecting phone call metadata on mil- UDALL of New Mexico, Senator BEGICH, curity Letters. This aligns all of these lions of law-abiding Americans, the Senator BALDWIN, Senator HEINRICH, FISA sunsets so that Congress can ad- NSA collected, without a warrant, the Senator MARKEY, Senator UDALL of dress them comprehensively in 2015, contents of tens of thousands of wholly Colorado, Senator WARREN, Senator rather than in a piecemeal fashion. domestic emails of innocent Ameri- MERKLEY, Senator TESTER, and Sen- These are all commonsense, bipar- cans. The NSA also violated a FISA ator SCHATZ. tisan improvements that will ensure Court order by regularly searching the Our bill will end the dragnet collec- appropriate limits are placed on the Section 215 bulk phone records data- tion of phone records under Section 215 government’s vast surveillance powers. base without meeting the standard im- of the PATRIOT Act by requiring that The American people deserve to know posed by the Court. only documents or records relevant and how laws governing surveillance au- These repeated violations, which material to an investigation may be thorities are being interpreted and will have occurred nearly every year that obtained, and that they have some par- implicate their personal information these programs have been authorized ticular nexus to a specific foreign and activities. The American people by the FISA Court, led to several rep- agent or power. It will also ensure that also deserve to know whether these rimands from the FISA Court for what the FISA pen register statute and Na- programs have proven sufficiently val- it called ‘‘systemic noncompliance’’ by tional Security Letters cannot be used uable as counterterrorism tools to jus- the government. In addition, the Court to authorize similar dragnet collection tify their extraordinary breadth. This admonished the government for mak- by applying the same standard. The legislation will help to repair that ing a series of substantial misrepresen- bill also adds more meaningful judicial trust deficit by providing enhanced tations to the Court about its activi- review of Section 215 orders and raises layers of transparency, oversight, and ties. The NSA has assured Congress the standard for the government to ob- accountability to ensure that we are that these problems have been cor- tain a gag order for every Section 215 protecting national security while re- rected. Yet with each new revelation in order. storing protections for the privacy the press about new techniques devel- In addition to stopping the dragnet rights and civil liberties of law-abiding oped by the NSA that intrude into the collection of phone records, our legisla- Americans. privacy and everyday lives of Ameri- tion will address privacy concerns re- Mr. President, I ask unanimous con- cans, I grow increasingly concerned lated to surveillance conducted under sent that the text of the bill be printed about the lack of sufficient oversight the FISA Amendments Act, which al- in the RECORD. There being no objection, the text of and accountability. lows the government to gather vast the bill was ordered to be printed in Last week, the Assistant to the amounts of Internet communications the RECORD, as follows: President for Homeland Security and content by foreigners located overseas. Counterterrorism, Lisa Monaco, stated Given the technological nature of S. 1599 that the government should only col- Internet communications, we must Be it enacted by the Senate and House of Rep- resentatives of the United States of America in lect data ‘‘because we need it and not vigilantly protect against the inad- Congress assembled, just because we can.’’ I completely vertent collection of the contents of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. agree—and that is why the govern- the wholly domestic communications (a) SHORT TITLE.—This Act may be cited as ment’s dragnet collection of phone of U.S. persons—something that the the ‘‘Uniting and Strengthening America by records should end. The government NSA acknowledged has happened be- Fulfilling Rights and Ending Eavesdropping, has not made a compelling case that fore. Our bill will place stricter limits Dragnet-collection, and Online Monitoring this program is an effective counterter- on this type of collection, and also re- Act’’ or the ‘‘USA FREEDOM Act’’. (b) TABLE OF CONTENTS.—The table of con- rorism tool, especially when balanced quire the government to obtain a court tents for this Act is as follows: against the intrusion on Americans’ order prior to conducting ‘back door’ Sec. 1. Short title; table of contents. privacy. In fact, both the Director and searches looking for the communica- TITLE I—FISA BUSINESS RECORDS the Deputy Director of the NSA have tions of U.S. persons in databases col- REFORMS testified before the Judiciary Com- lected without a warrant under Section Sec. 101. Privacy protections for business mittee that there is no evidence that 702 of FISA. records orders. the Section 215 phone records collec- Finally, the USA FREEDOM Act will Sec. 102. Inspector general reports on busi- tion program helped to thwart dozens require enhanced accountability, trans- ness records orders. or even several terrorist plots. parency, and oversight in the FISA TITLE II—FISA PEN REGISTER AND It is clear that as the administration process. Our bill builds on a proposal TRAP AND TRACE DEVICE REFORMS has become more open and forthright by Senator BLUMENTHAL to provide for Sec. 201. Privacy protections for pen reg- about these programs, the facts have the creation of a Special Advocate who isters and trap and trace de- not matched the rhetoric. It is time for will advocate specifically for the pro- vices. Sec. 202. Inspector general reports on pen serious and meaningful reforms to tection of privacy rights and civil lib- registers and trap and trace de- FISA in order to restore the confidence erties before the FISA Court, as well as vices. of the American people in our intel- a process for publicly releasing FISA TITLE III—FISA ACQUISITIONS TAR- ligence community. Modest trans- Court opinions containing significant GETING PERSONS OUTSIDE THE parency and oversight provisions are a interpretations of law. Under the bill, UNITED STATES REFORMS good first step, but by themselves they public confidence in the government’s Sec. 301. Clarification on prohibition on are insufficient to protect the privacy activities will also be strengthened by searching of collections of com- rights and civil liberties of Americans. more detailed public reporting about munications to conduct We must do more. the numbers and types of FISA orders warrantless searches for the The USA FREEDOM ACT is a legisla- that are issued. communications of United tive solution that comprehensively ad- Importantly, this measure requires States persons. Sec. 302. Protection against collection of dresses a range of surveillance authori- new Inspector General reviews and im- wholly domestic communica- ties contained in FISA. I want to poses new sunset dates. I have long be- tions. thank Congressman SENSENBRENNER lieved that sunset provisions are an im- Sec. 303. Prohibition on reverse targeting. for his dedicated work on this bipar- portant tool because nothing focuses Sec. 304. Limits on use of unlawfully ob- tisan, bicameral piece of legislation the attention of Congress or the Execu- tained information. Sec. 305. Modification of FISA Amendments that we are introducing today. We are tive Branch like the looming chance Act of 2008 sunset. joined in this effort by members of that a law will end. It is important to Sec. 306. Inspector general reviews of au- Congress from both chambers and note that Section 215, which the gov- thorities. across the political spectrum, and I ernment is using to conduct dragnet TITLE IV—FOREIGN INTELLIGENCE want to thank the following Senators phone records collection, will expire in SURVEILLANCE COURT REFORMS for cosponsoring this legislation: Sen- June 2015 unless Congress decides oth- Sec. 401. Office of the Special Advocate.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0655 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7620 CONGRESSIONAL RECORD — SENATE October 29, 2013 Sec. 402. Foreign Intelligence Surveillance ‘‘(ii) flight from investigation or prosecu- ignee of the Director, any person making or Court disclosure of opinions. tion; intending to make a disclosure under clause Sec. 403. Preservation of rights. ‘‘(iii) destruction of or tampering with evi- (i) or (iii) of subparagraph (A) shall identify TITLE V—NATIONAL SECURITY LETTER dence; to the Director or such designee the person REFORMS ‘‘(iv) intimidation of potential witnesses; to whom such disclosure will be made or to Sec. 501. National security letter authority. ‘‘(v) interference with diplomatic rela- whom such disclosure was made prior to the Sec. 502. Limitations on disclosure of nations; request. tional security letters. ‘‘(vi) alerting a target, an associate of a ‘‘(3) EXTENSION.—The Director of the Fed- Sec. 503. Judicial review. target, or the foreign power of which the tar- eral Bureau of Investigation, or a designee of Sec. 504. Inspector general reports on na- get is an agent, of the interest of the Govern- the Director (whose rank shall be no lower tional security letters. ment in the target; or than Assistant Special Agent in Charge), Sec. 505. National security letter sunset. ‘‘(vii) otherwise seriously endangering the may apply for renewals of the prohibition on Sec. 506. Technical and conforming amend- national security of the United States; and disclosure of particular information about ments. ‘‘(C) an explanation of how the nondisclo- the existence or contents of an order requir- TITLE VI—FISA AND NATIONAL SECU- sure requirement is narrowly tailored to ad- ing the production of tangible things under RITY LETTER TRANSPARENCY RE- dress the specific harm identified under sub- this section for additional periods of not FORMS paragraph (B).’’. longer than 1 year, unless the facts justify a (2) ORDER.—Section 501(c) of the Foreign Sec. 601. Third-party reporting on FISA or- longer period of nondisclosure. A nondisclo- Intelligence Surveillance Act of 1978 (50 ders and national security let- sure requirement shall be renewed if a court U.S.C. 1861(c)) is amended— having jurisdiction under paragraph (4) de- ters. (A) in paragraph (1)— Sec. 602. Government reporting on FISA or- termines that the application meets the re- (i) by striking ‘‘subsections (a) and (b)’’ ders. quirements of subsection (b)(3). and inserting ‘‘subsection (a) and paragraphs Sec. 603. Government reporting on national ‘‘(4) JURISDICTION.—An application for a re- (1) and (2) of subsection (b) and that the pro- security letters. newal under this subsection shall be made posed minimization procedures meet the def- TITLE VII—PRIVACY AND CIVIL LIB- to— inition of minimization procedures under ‘‘(A) a judge of the court established under ERTIES OVERSIGHT BOARD SUBPOENA subsection (g)’’; and AUTHORITY section 103(a); or (ii) by striking the last sentence and in- ‘‘(B) a United States Magistrate Judge Sec. 701. Privacy and Civil Liberties Over- serting the following: ‘‘If the judge finds that under chapter 43 of title 28, United States sight Board subpoena author- the requirements of subsection (b)(3) have Code, who is publicly designated by the Chief ity. been met, such order shall include a non- Justice of the United States to have the TITLE VIII—SEVERABILITY disclosure requirement, which may apply for power to hear applications and grant orders Sec. 801. Severability. not longer than 1 year, unless the facts jus- for the production of tangible things under tify a longer period of nondisclosure, subject TITLE I—FISA BUSINESS RECORDS this section on behalf of a judge of the court to the principles and procedures described in established under section 103(a).’’. REFORMS subsection (d).’’; and (4) MINIMIZATION.—Section 501(g) of the SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS (B) in paragraph (2)— Foreign Intelligence Surveillance Act of 1978 RECORDS ORDERS. (i) in subparagraph (C), by inserting before (50 U.S.C. 1861(g)) is amended— (a) PRIVACY PROTECTIONS.— the semicolon ‘‘, if applicable’’; (A) in paragraph (1), by striking ‘‘Not later (1) IN GENERAL.—Section 501(b) of the For- (ii) in subparagraph (D), by striking ‘‘and’’ than’’ and all that follows and inserting ‘‘At eign Intelligence Surveillance Act of 1978 (50 at the end; or before the end of the period of time for the U.S.C. 1861(b)) is amended— (iii) in subparagraph (E), by striking the production of tangible things under an order (A) in paragraph (1)(B), by striking ‘‘and’’ period at the end and inserting ‘‘; and’’; and entered under this section or at any time after the semicolon; (iv) by adding at the end the following new after the production of tangible things under (B) in paragraph (2), by striking subpara- subparagraph: an order entered under this section, a judge graphs (A) and (B) and inserting the fol- ‘‘(F) shall direct that the minimization lowing new subparagraphs: procedures be followed.’’. may assess compliance with the minimization procedures required by such order by re- ‘‘(A) a statement of facts showing that (3) NONDISCLOSURE.—Section 501(d) of the there are reasonable grounds to believe that Foreign Intelligence Surveillance Act of 1978 viewing the circumstances under which in- the tangible things sought— (50 U.S.C. 1861(d)) is amended to read as fol- formation concerning United States persons ‘‘(i) are relevant and material to an au- lows: was acquired, retained, or disseminated.’’; thorized investigation (other than a threat ‘‘(d) NONDISCLOSURE.— and assessment) conducted in accordance with ‘‘(1) IN GENERAL.—No person who receives (B) in paragraph (2)(A), by inserting ‘‘ac- subsection (a)(2) to— an order entered under subsection (c) that quisition and’’ after ‘‘to minimize the’’. ‘‘(I) obtain foreign intelligence informa- contains a nondisclosure requirement shall (5) CONFORMING AMENDMENT.—Section tion not concerning a United States person; disclose to any person the particular infor- 501(f)(1)(B) of the Foreign Intelligence Sur- or mation specified in the nondisclosure re- veillance Act of 1978 (50 U.S.C. 1861(f)(1)(B)) is ‘‘(II) protect against international ter- quirement during the time period to which amended by striking ‘‘an order imposed rorism or clandestine intelligence activities; the requirement applies. under subsection (d)’’ and inserting ‘‘a non- and ‘‘(2) EXCEPTION.— disclosure requirement imposed in connec- ‘‘(ii) pertain to— ‘‘(A) IN GENERAL.—A person who receives tion with a production order’’. ‘‘(I) a foreign power or an agent of a for- an order entered under subsection (c) that (b) JUDICIAL REVIEW.—Section 501(f)(2) of eign power; contains a nondisclosure requirement may the Foreign Intelligence Surveillance Act of ‘‘(II) the activities of a suspected agent of disclose information otherwise subject to 1978 (50 U.S.C. 1861(f)(2)) is amended— a foreign power who is the subject of such any applicable nondisclosure requirement (1) in subparagraph (A)(i)— authorized investigation; or to— (A) by striking ‘‘that order’’ and inserting ‘‘(III) an individual in contact with, or ‘‘(i) those persons to whom disclosure is ‘‘such production order or any nondisclosure known to, a suspected agent of a foreign necessary to comply with the order; order imposed in connection with such pro- power; and ‘‘(ii) an attorney to obtain legal advice or duction order’’; and ‘‘(B) a statement of proposed minimization assistance regarding the order; or (B) by striking the second sentence; procedures; and’’; and ‘‘(iii) other persons as permitted by the Di- (2) by striking subparagraph (C) and insert- (C) by adding at the end the following rector of the Federal Bureau of Investigation ing the following new subparagraph: paragraph: or the designee of the Director. ‘‘(C) A judge considering a petition to mod- ‘‘(3) if the applicant is seeking a nondisclo- ‘‘(B) APPLICATION.—A person to whom dis- ify or set aside a nondisclosure order shall sure requirement described in subsection (d), closure is made under subparagraph (A) shall grant such petition unless the court deter- shall include— be subject to the nondisclosure requirements mines that— ‘‘(A) the time period during which the Gov- applicable to a person to whom an order is ‘‘(i) there is reason to believe that disclo- ernment believes the nondisclosure require- directed under this section in the same man- sure of the information subject to the non- ment should apply; ner as the person to whom the order is di- disclosure requirement during the time pe- ‘‘(B) a statement of facts showing that rected. riod in which such requirement is in effect there are reasonable grounds to believe that ‘‘(C) NOTICE.—Any person who discloses to will result in— disclosure of particular information about a person described in subparagraph (A) infor- ‘‘(I) endangering the life or physical safety the existence or contents of the order requir- mation otherwise subject to a nondisclosure of any person; ing the production of tangible things under requirement shall notify the person of the ‘‘(II) flight from investigation or prosecu- this section during such time period will re- applicable nondisclosure requirement. tion; sult in— ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- ‘‘(III) destruction of or tampering with evi- ‘‘(i) endangering the life or physical safety ENTS.—At the request of the Director of the dence; of any person; Federal Bureau of Investigation or the des- ‘‘(IV) intimidation of potential witnesses;

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7621 ‘‘(V) interference with diplomatic rela- ‘‘(C) 7 days after the time of the authoriza- 1861) and whether the minimization proce- tions; tion by the Attorney General. dures adequately protect the constitutional ‘‘(VI) alerting a target, an associate of a ‘‘(2) USE OF INFORMATION.—If an applica- rights of United States persons;’’; and target, or the foreign power of which the tar- tion for an order under section 501 for the (ii) in subparagraph (D), by striking ‘‘(as get is an agent, of the interest of the Govern- production of call detail records required to such term is defined in section 3(4) of the Na- ment in the target; or be produced pursuant to subsection (a) is de- tional Security Act of 1947 (50 U.S.C. ‘‘(VII) otherwise seriously endangering the nied, or in any other case in which the emer- 401a(4)))’’; national security of the United States; and gency production of call detail records under (2) in subsection (c), by adding at the end ‘‘(ii) the nondisclosure requirement is nar- this section is terminated and no order under the following new paragraph: rowly tailored to address the specific harm section 501 is issued approving the required ‘‘(3) CALENDAR YEARS 2010 THROUGH 2013.— identified under clause (i).’’; and production of such records, no information Not later than December 31, 2014, the Inspec- (3) by adding at the end the following new obtained or evidence derived from such tor General of the Department of Justice subparagraph: records shall be received in evidence or oth- shall submit to the Committee on the Judici- ‘‘(E) If a judge denies a petition to modify erwise disclosed in any trial, hearing, or ary and the Select Committee on Intel- or set aside a nondisclosure order under this other proceeding in or before any court, ligence of the Senate and the Committee on paragraph, no person may file another peti- grand jury, department, office, agency, regu- the Judiciary and the Permanent Select tion to modify or set aside such nondisclo- latory body, legislative committee, or other Committee on Intelligence of the House of sure order until the date that is one year authority of the United States, a State, or Representatives a report containing the re- after the date on which such judge issues the political subdivision thereof, and no infor- sults of the audit conducted under sub- denial of such petition.’’. mation concerning any United States person section (a) for calendar years 2010 through (c) EMERGENCY AUTHORITY FOR ACCESS TO acquired from such records shall subse- 2013.’’; CALL DETAIL RECORDS.— quently be used or disclosed in any other (3) by redesignating subsections (d) and (e) (1) IN GENERAL.—Title V of the Foreign In- manner by Federal officers or employees as subsections (e) and (f), respectively; telligence Surveillance Act of 1978 (50 U.S.C. without the consent of such person, except (4) by inserting after subsection (c) the fol- 1861 et seq.) is amended— with the approval of the Attorney General if lowing new subsection: (A) by redesignating section 502 as section the information indicates a threat of death 503; and ‘‘(d) INTELLIGENCE ASSESSMENT.— or serious bodily harm to any person. (B) by inserting after section 501 the fol- ‘‘(1) IN GENERAL.—For the period beginning ‘‘(c) REPORT.—The Attorney General shall on January 1, 2010, and ending on December lowing new section: annually submit to the Permanent Select ‘‘SEC. 502. EMERGENCY AUTHORITY FOR ACCESS 31, 2013, the Inspector General of the Intel- Committee on Intelligence and the Com- ligence Community shall— TO CALL DETAIL RECORDS. mittee on the Judiciary of the House of Rep- ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(A) assess the importance of the informa- resentatives and the Select Committee on tion acquired under title V of the Foreign In- other provision of this title, the Attorney Intelligence and the Committee on the Judi- General may require the production of call telligence Surveillance Act of 1978 (50 U.S.C. ciary of the Senate a report containing the detail records by the provider of a wire or 1861 et seq.) to the activities of the intel- number of times the authority under this electronic communication service on an ligence community; section was exercised during the calendar emergency basis if— ‘‘(B) examine the manner in which that in- year covered by such report. ‘‘(1) such records— formation was collected, retained, analyzed, ‘‘(d) CALL DETAIL RECORDS DEFINED.—In and disseminated by the intelligence com- ‘‘(A) are relevant and material to an au- this section, the term ‘call detail records’— munity; thorized investigation (other than a threat ‘‘(1) means session identifying information ‘‘(C) describe any noteworthy facts or cir- assessment) conducted in accordance with (including originating or terminating tele- cumstances relating to orders under such section 501(a)(2) to— phone number, International Mobile Sub- title; ‘‘(i) obtain foreign intelligence information scriber Identity number, or International ‘‘(D) examine any minimization procedures not concerning a United States person; or Mobile Station Equipment Identity number), used by elements of the intelligence commu- ‘‘(ii) protect against international ter- telephone calling card numbers, or the time nity under such title and whether the mini- rorism or clandestine intelligence activities; or duration of a call; and mization procedures adequately protect the and ‘‘(2) does not include— constitutional rights of United States per- ‘‘(B) pertain to— ‘‘(A) the contents of any communication sons; and ‘‘(i) a foreign power or an agent of a for- (as defined in section 2510(8) of title 18, ‘‘(E) examine any minimization procedures eign power; United States Code); proposed by an element of the intelligence ‘‘(ii) the activities of a suspected agent of ‘‘(B) the name, address, or financial infor- community under such title that were modi- a foreign power who is the subject of such mation of a subscriber or customer; or fied or denied by the court established under authorized investigation; or ‘‘(C) cell site location information.’’. ‘‘(iii) an individual in contact with, or section 103(a) of such Act (50 U.S.C. 1803(a)). (2) TABLE OF CONTENTS AMENDMENT.—The ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— known to, a suspected agent of a foreign table of contents in the first section of the Not later than December 31, 2014, the Inspec- power; and Foreign Intelligence Surveillance Act of 1978 tor General of the Intelligence Community ‘‘(2) the Attorney General reasonably de- is amended by striking the item relating to shall submit to the Committee on the Judici- termines that— section 502 and inserting the following new ary and the Select Committee on Intel- ‘‘(A) an emergency requires the production items: of such records before an order requiring ligence of the Senate and the Committee on such production can with due diligence be ‘‘502. Emergency authority for access to call the Judiciary and the Permanent Select obtained under section 501; and detail records. Committee on Intelligence of the House of ‘‘(B) the factual basis for issuance of an ‘‘503. Congressional oversight.’’. Representative a report containing the re- order under section 501 to require the pro- (3) CONFORMING AMENDMENT.—Section sults of the assessment for calendar years duction of such records exists; 102(b) of the USA PATRIOT Improvement 2010 through 2013.’’. ‘‘(3) a judge referred to in section 501(b)(1) and Reauthorization Act of 2005 (50 U.S.C. (5) in subsection (e), as redesignated by is informed by the Attorney General or a 1805 note) is amended by striking ‘‘sections paragraph (3)— designee of the Attorney General at the time 501, 502, and’’ and inserting ‘‘title V and sec- (A) in paragraph (1)— of the required production of such records tion’’. (i) by striking ‘‘a report under subsection that the decision has been made to require SEC. 102. INSPECTOR GENERAL REPORTS ON (c)(1) or (c)(2)’’ and inserting ‘‘any report such production on an emergency basis; and BUSINESS RECORDS ORDERS. under subsection (c) or (d)’’; and ‘‘(4) an application in accordance with sec- Section 106A of the USA Patriot Improve- (ii) by striking ‘‘Inspector General of the tion 501 is made to such judge as soon as ment and Reauthorization Act of 2005 (Public Department of Justice’’ and inserting ‘‘In- practicable, but not more than 7 days after Law 109–177; 120 Stat. 200) is amended— spector General of the Department of Jus- the date on which the Attorney General re- (1) in subsection (b)— tice, the Inspector General of the Intel- quires the production of such records under (A) in paragraph (1), by inserting ‘‘and cal- ligence Community, and any Inspector Gen- this section. endar years 2010 through 2013’’ after ‘‘2006’’; eral of an element of the intelligence com- ‘‘(b) TERMINATION OF AUTHORITY.— (B) by striking paragraphs (2) and (3); munity that prepares a report to assist the ‘‘(1) TERMINATION.—In the absence of an (C) by redesignating paragraphs (4) and (5) Inspector General of the Department of Jus- order under section 501 approving the pro- as paragraphs (2) and (3), respectively; and tice or the Inspector General of the Intel- duction of call detail records under sub- (D) in paragraph (3) (as so redesignated)— ligence Community in complying with the section (a), the authority to require the pro- (i) by striking subparagraph (C) and insert- requirements of this section’’; and duction of such records shall terminate at ing the following new subparagraph: (B) in paragraph (2), by striking ‘‘the re- the earlier of— ‘‘(C) with respect to calendar years 2010 ports submitted under subsection (c)(1) and ‘‘(A) when the information sought is ob- through 2013, an examination of the mini- (c)(2)’’ and inserting ‘‘any report submitted tained; mization procedures used in relation to or- under subsection (c) or (d)’’; ‘‘(B) when the application for the order is ders under section 501 of the Foreign Intel- (6) in subsection (f), as redesignated by denied under section 501; or ligence Surveillance Act of 1978 (50 U.S.C. paragraph (3)—

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7622 CONGRESSIONAL RECORD — SENATE October 29, 2013 (A) by striking ‘‘The reports submitted is to be retained or disseminated for law en- register or trap and trace device under such under subsections (c)(1) and (c)(2)’’ and in- forcement purposes.’’. title, including any improper or illegal use of serting ‘‘Each report submitted under sub- (2) PROCEDURES REQUIRED.—Section 402 of the authority provided under such title; and section (c)’’; and the Foreign Intelligence Surveillance Act of (4) an examination of the effectiveness of (B) by striking ‘‘subsection (d)(2)’’ and in- 1978 (50 U.S.C. 1842) is amended— the authority under such title as an inves- serting ‘‘subsection (e)(2)’’; and (A) in subsection (d)— tigative tool, including— (7) by adding at the end the following new (i) in paragraph (1), by inserting ‘‘and that (A) the importance of the information ac- subsection: the proposed minimization procedures meet quired to the intelligence activities of the ‘‘(g) DEFINITIONS.—In this section: the definition of minimization procedures Federal Bureau of Investigation; ‘‘(1) INTELLIGENCE COMMUNITY.—The term under this title’’ before the period at the (B) the manner in which the information is ‘intelligence community’ has the meaning end; and collected, retained, analyzed, and dissemi- given that term in section 3 of the National (ii) in paragraph (2)(B)— nated by the Federal Bureau of Investiga- Security Act of 1947 (50 U.S.C. 3003). (I) in clause (ii)(II), by striking ‘‘and’’ after tion, including any direct access to the infor- ‘‘(2) UNITED STATES PERSON.—The term the semicolon; and mation provided to any other department, ‘United States person’ has the meaning given (II) by adding at the end the following new agency, or instrumentality of Federal, State, that term in section 101 of the Foreign Intel- clause: local, or tribal governments or any private ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(iv) the minimization procedures be fol- sector entity; 1801).’’. lowed; and’’; and (C) whether, and how often, the Federal TITLE II—FISA PEN REGISTER AND TRAP (B) by adding at the end the following new Bureau of Investigation used information ac- AND TRACE DEVICE REFORMS subsection: quired under a pen register or trap and trace ‘‘(h) At or before the end of the period of device under such title to produce an analyt- SEC. 201. PRIVACY PROTECTIONS FOR PEN REG- time for which the installation and use of a ISTERS AND TRAP AND TRACE DE- ical intelligence product for distribution VICES. pen register or trap and trace device is ap- within the Federal Bureau of Investigation, proved under an order or an extension under (a) APPLICATION.—Section 402(c) of the For- to the intelligence community, or to another eign Intelligence Surveillance Act of 1978 (50 this section, the judge may assess compli- department, agency, or instrumentality of U.S.C. 1842(c)) is amended— ance with the minimization procedures by Federal, State, local, or tribal governments; reviewing the circumstances under which in- (1) in paragraph (1), by striking ‘‘and’’ at and formation concerning United States persons the end; and (D) whether, and how often, the Federal was acquired, retained, or disseminated.’’. (2) by striking paragraph (2) and inserting Bureau of Investigation provided informa- (3) EMERGENCIES.—Section 403 of the For- the following new paragraphs: tion acquired under a pen register or trap eign Intelligence Surveillance Act of 1978 (50 ‘‘(2) a statement of facts showing that and trace device under such title to law en- U.S.C. 1843) is amended— there are reasonable grounds to believe that forcement authorities for use in criminal (A) by redesignating subsection (c) as sub- the information sought— proceedings. section (d); and ‘‘(A) is relevant and material to an author- (c) REPORT.—Not later than December 31, (B) by inserting after subsection (b) the ized investigation to obtain foreign intel- 2014, the Inspector General of the Depart- following new subsection: ment of Justice shall submit to the Com- ligence information not concerning a United ‘‘(c) If the Attorney General authorizes the States person or to protect against inter- mittee on the Judiciary and the Select Com- emergency installation and use of a pen reg- mittee on Intelligence of the Senate and the national terrorism or clandestine intel- ister or trap and trace device under this sec- ligence activities (other than a threat assess- Committee on the Judiciary and the Perma- tion, the Attorney General shall require that nent Select Committee on Intelligence of the ment), provided that such investigation of a minimization procedures required by this United States person is not conducted solely House of Representatives a report containing title for the issuance of a judicial order be the results of the audits conducted under upon the basis of activities protected by the followed.’’. First Amendment to the Constitution of the subsection (a) for calendar years 2010 SE OF INFORMATION.—Section 405(a)(1) (4) U through 2013. United States; and of the Foreign Intelligence Surveillance Act (d) INTELLIGENCE ASSESSMENT.— ‘‘(B) pertain to— of 1978 (50 U.S.C. 1845(a)(1)) is amended by in- (1) IN GENERAL.—For the period beginning ‘‘(i) a foreign power or an agent of a for- serting ‘‘and the minimization procedures re- January 1, 2010, and ending on December 31, eign power; quired under the order approving such pen 2013, the Inspector General of the Intel- ‘‘(ii) the activities of a suspected agent of register or trap and trace device’’ after ‘‘of ligence Community shall— a foreign power who is the subject of such this section’’. (A) assess the importance of the informa- authorized investigation; or (c) TRANSITION PROCEDURES.— tion to the activities of the intelligence com- ‘‘(iii) an individual in contact with, or (1) ORDERS IN EFFECT.—Notwithstanding known to, a suspected agent of a foreign the amendments made by this section, an munity; power; and order entered under section 402(d)(1) of the (B) examine the manner in which the infor- ‘‘(3) a statement of proposed minimization Foreign Intelligence Surveillance Act of 1978 mation was collected, retained, analyzed, procedures.’’. (50 U.S.C. 1842(d)(1)) that is in effect on the and disseminated; (b) MINIMIZATION.— effective date of the amendments made by (C) describe any noteworthy facts or cir- (1) DEFINITION.—Section 401 of the Foreign this section shall remain in effect until the cumstances relating to orders under title IV Intelligence Surveillance Act of 1978 (50 expiration of the order. of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.); and U.S.C. 1841) is amended by adding at the end (2) EXTENSIONS.—A request for an exten- the following new paragraph: sion of an order referred to in paragraph (1) (D) examine any minimization procedures ‘‘(4) The term ‘minimization procedures’ shall be subject to the requirements of the used by elements of the intelligence commu- means— Foreign Intelligence Surveillance Act of 1978 nity in relation to pen registers and trap and ‘‘(A) specific procedures that are reason- (50 U.S.C. 1801 et seq.), as amended by this trace devices under title IV of the Foreign ably designed in light of the purpose and Act. Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) and whether the mini- technique of an order for the installation and SEC. 202. INSPECTOR GENERAL REPORTS ON PEN use of a pen register or trap and trace device, REGISTERS AND TRAP AND TRACE mization procedures adequately protect the to minimize the acquisition and retention, DEVICES. constitutional rights of United States per- and prohibit the dissemination, of nonpub- (a) AUDITS.—The Inspector General of the sons. licly available information concerning Department of Justice shall perform com- (2) SUBMISSION DATES FOR ASSESSMENT.— unconsenting United States persons con- prehensive audits of the effectiveness and Not later than December 31, 2014, the Inspec- sistent with the need of the United States to use, including any improper or illegal use, of tor General of the Intelligence Community obtain, produce, and disseminate foreign in- pen registers and trap and trace devices shall submit to the Committee on the Judici- telligence information; under title IV of the Foreign Intelligence ary and the Select Committee on Intel- ‘‘(B) procedures that require that nonpub- Surveillance Act of 1978 (50 U.S.C. 1841 et ligence of the Senate and the Committee on licly available information, which is not for- seq.) during the period beginning on January the Judiciary and the Permanent Select eign intelligence information, as defined in 1, 2010, and ending on December 31, 2013. Committee on Intelligence of the House of section 101(e)(1), shall not be disseminated in (b) REQUIREMENTS.—The audits required Representative a report containing the re- a manner that identifies any United States under subsection (a) shall include— sults of the assessment for calendar years person, without such person’s consent, unless (1) an examination of the use of pen reg- 2010 through 2013. such person’s identity is necessary to under- isters and trap and trace devices under such (e) PRIOR NOTICE TO ATTORNEY GENERAL stand foreign intelligence information or as- title for calendar years 2010 through 2013; AND DIRECTOR OF NATIONAL INTELLIGENCE; sess its importance; and (2) an examination of the installation and COMMENTS.— ‘‘(C) notwithstanding subparagraphs (A) use of a pen register or trap and trace device (1) NOTICE.—Not later than 30 days before and (B), procedures that allow for the reten- on emergency bases under section 403 of such the submission of any report under sub- tion and dissemination of information that Act (50 U.S.C. 1843); section (c) or (d), the Inspector General of is evidence of a crime which has been, is (3) an examination of any noteworthy facts the Department of Justice and the Inspector being, or is about to be committed and that or circumstances relating to the use of a pen General of the Intelligence Community shall

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7623 provide the report to the Attorney General SEC. 302. PROTECTION AGAINST COLLECTION OF Government’s election and to the extent re- and the Director of National Intelligence. WHOLLY DOMESTIC COMMUNICA- quired by the order of the Court— TIONS. (2) COMMENTS.—The Attorney General or ‘‘(I) correct any deficiency identified by the Director of National Intelligence may (a) IN GENERAL.—Section 702 of the Foreign the order of the Court not later than 30 days provide such comments to be included in any Intelligence Surveillance Act of 1978 (50 after the date on which the Court issues the U.S.C. 1881a) is amended— report submitted under subsection (c) or (d) order; or (1) in subsection (d)(1)— as the Attorney General or the Director of ‘‘(II) cease, or not begin, the implementa- (A) in subparagraph (A), by striking ‘‘and’’ National Intelligence may consider nection of the authorization for which such cer- at the end; essary. tification was submitted. (B) in subparagraph (B), by striking the pe- ‘‘(ii) LIMITATION ON USE OF INFORMATION.— (f) UNCLASSIFIED FORM.—Each report sub- riod and inserting ‘‘; and’’; and ‘‘(I) IN GENERAL.—Except as provided in mitted under subsection (c) and any com- (C) by adding at the end the following new subclause (II), no information obtained or ments included in that report under sub- subparagraph: evidence derived from an acquisition pursu- section (e)(2) shall be in unclassified form, ‘‘(C) limit the acquisition of the contents ant to a certification or targeting or mini- but may include a classified annex. of any communication to those communica- mization procedures subject to an order tions— under clause (i) concerning any United (g) DEFINITIONS.—In this section— ‘‘(i) to which any party is a target of the (1) the terms ‘‘Attorney General’’, ‘‘foreign States person shall be received in evidence acquisition; or or otherwise disclosed in any trial, hearing, intelligence information’’, and ‘‘United ‘‘(ii) that contain an account identifier of a States person’’ have the meanings given or other proceeding in or before any court, target of an acquisition, only if such commu- grand jury, department, office, agency, regu- those terms in section 101 of the Foreign In- nications are acquired to protect against telligence Surveillance Act of 1978 (50 U.S.C. latory body, legislative committee, or other international terrorism or the international authority of the United States, a State, or 1801); proliferation of weapons of mass destruc- (2) the term ‘‘intelligence community’’ has political subdivision thereof, and no infor- tion.’’; and mation concerning any United States person the meaning given that term in section 3 of (2) in subsection (i)(2)(B)— the National Security Act of 1947 (50 U.S.C. acquired from the acquisition shall subse- (A) in clause (i), by striking ‘‘; and’’ and in- quently be used or disclosed in any other 3003); serting a semicolon; (3) the term ‘‘minimization procedures’’ manner by Federal officers or employees (B) in clause (ii), by striking the period and without the consent of the United States has the meaning given that term in section inserting ‘‘; and’’; and person, except with the approval of the At- 401 of the Foreign Intelligence Surveillance (C) by adding at the end the following new torney General if the information indicates a Act of 1978 (50 U.S.C. 1841), as amended by clause: threat of death or serious bodily harm to any this Act; and ‘‘(iii) limit the acquisition of the contents person. (4) the terms ‘‘pen register’’ and ‘‘trap and of any communication to those communica- ‘‘(II) EXCEPTION.—If the Government cor- trace device’’ have the meanings given those tions— rects any deficiency identified by the order terms in section 3127 of title 18, United ‘‘(I) to which any party is a target of the of the Court under clause (i), the Court may States Code. acquisition; or permit the use or disclosure of information ‘‘(II) that contain an account identifier of TITLE III—FISA ACQUISITIONS TAR- acquired before the date of the correction the target of an acquisition, only if such under such minimization procedures as the GETING PERSONS OUTSIDE THE UNITED communications are acquired to protect STATES REFORMS Court shall establish for purposes of this against international terrorism or the inter- clause.’’. national proliferation of weapons of mass de- SEC. 301. CLARIFICATION ON PROHIBITION ON SEC. 305. MODIFICATION OF FISA AMENDMENTS SEARCHING OF COLLECTIONS OF struction.’’. ACT OF 2008 SUNSET. (b) CONFORMING AMENDMENT.—Section 701 COMMUNICATIONS TO CONDUCT (a) MODIFICATION.—Section 403(b)(1) of the WARRANTLESS SEARCHES FOR THE of the Foreign Intelligence Surveillance Act FISA Amendments Act of 2008 (Public Law COMMUNICATIONS OF UNITED of 1978 (50 U.S.C. 1881) is amended— 110–261; 50 U.S.C. 1881 note) is amended by STATES PERSONS. (1) in subsection (a)— striking ‘‘December 31, 2017’’ and inserting Section 702(b) of the Foreign Intelligence (A) by inserting ‘‘ ‘international ter- ‘‘June 1, 2015’’. Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is rorism’,’’ after ‘‘ ‘foreign power’,’’; and (b) TECHNICAL AND CONFORMING AMEND- (B) by striking ‘‘and ‘United States per- amended— MENTS.—Section 403(b)(2) of such Act (Public son’ ’’ and inserting ‘‘ ‘United States person’, (1) by redesignating paragraphs (1) through Law 110–261; 122 Stat. 2474) is amended by and ‘weapon of mass destruction’ ’’; and (5) as subparagraphs (A) through (E), respec- striking ‘‘December 31, 2017’’ and inserting (2) in subsection (b)— tively, and indenting such subparagraphs, as ‘‘June 1, 2015’’. (A) by redesignating paragraphs (1) (c) ORDERS IN EFFECT.—Section 404(b)(1) of so redesignated, an additional two ems from through (5) as paragraphs (2) through (6), re- such Act (Public Law 110–261; 50 U.S.C. 1801 the left margin; spectively; and note) is amended in the paragraph heading (2) by striking ‘‘An acquisition’’ and in- (B) by inserting before paragraph (2), as so by striking ‘‘DECEMBER 31, 2017’’ and inserting serting the following: redesignated, the following new paragraph: ‘‘JUNE 1, 2015’’. ‘‘(1) IN GENERAL.—An acquisition’’; and ‘‘(1) ACCOUNT IDENTIFIER.—The term ‘ac- SEC. 306. INSPECTOR GENERAL REVIEWS OF AU- (3) by adding at the end the following new count identifier’ means a telephone or in- THORITIES. paragraph: strument number, other subscriber number, (a) AGENCY ASSESSMENTS.—Section 702(l)(2) ‘‘(2) CLARIFICATION ON PROHIBITION ON email address, or username used to uniquely of the Foreign Intelligence Surveillance Act SEARCHING OF COLLECTIONS OF COMMUNICA- identify an account.’’. of 1978 (50 U.S.C. 1881a(l)(2)) is amended— TIONS OF UNITED STATES PERSONS.— (c) EFFECTIVE DATE.—The amendments (1) in the matter preceding subparagraph ‘‘(A) IN GENERAL.—Except as provided in made by subsections (a) and (b) shall take ef- (A), by striking ‘‘authorized to acquire for- subparagraph (B), no officer or employee of fect on the date that is 180 days after the eign intelligence information under sub- the United States may conduct a search of a date of the enactment of this Act. section (a)’’ and inserting ‘‘subject to the collection of communications acquired under SEC. 303. PROHIBITION ON REVERSE TARGETING. targeting or minimization procedures ap- this section in an effort to find communica- Section 702(b)(1)(B) of the Foreign Intel- proved under this section’’; tions of a particular United States person ligence Surveillance Act of 1978 (50 U.S.C. (2) in subparagraph (C), by inserting (other than a corporation). 1881a), as redesignated by section 301(1) of ‘‘United States persons or’’ after ‘‘later de- ‘‘(B) CONCURRENT AUTHORIZATION AND EX- this Act, is amended by striking ‘‘the pur- termined to be’’; and CEPTION FOR EMERGENCY SITUATIONS.—Sub- pose’’ and inserting ‘‘a significant purpose’’. (3) in subparagraph (D)— paragraph (A) shall not apply to a search for SEC. 304. LIMITS ON USE OF UNLAWFULLY OB- (A) in the matter preceding clause (i), by communications related to a particular TAINED INFORMATION. striking ‘‘such review’’ and inserting ‘‘review United States person if— Section 702(i)(3) of the Foreign Intelligence conducted under this paragraph’’; ‘‘(i) such United States person is the sub- Surveillance Act of 1978 (50 U.S.C. 1881a(i)(3)) (B) in clause (ii), by striking ‘‘and’’ at the ject of an order or emergency authorization is amended by striking subparagraph (B) and end; authorizing electronic surveillance or phys- inserting the following new subparagraph: (C) by redesignating clause (iii) as clause ical search under section 105, 304, 703, 704, or ‘‘(B) CORRECTION OF DEFICIENCIES.— (iv); and 705, or title 18, United States Code, for the ‘‘(i) IN GENERAL.—If the Court finds that a (D) by inserting after clause (ii) the fol- effective period of that order; certification required by subsection (g) does lowing new clause: ‘‘(ii) the entity carrying out the search has not contain all of the required elements, or ‘‘(iii) the Inspector General of the Intel- a reasonable belief that the life or safety of that the procedures required by subsections ligence Community; and’’. such United States person is threatened and (d) and (e) are not consistent with the re- (b) INSPECTOR GENERAL OF THE INTEL- the information is sought for the purpose of quirements of those subsections or the LIGENCE COMMUNITY REVIEW.— assisting that person; or Fourth Amendment to the Constitution of (1) RECURRING REVIEWS.—Section 702(l) of ‘‘(iii) such United States person has con- the United States, the Court shall issue an the Foreign Intelligence Surveillance Act of sented to the search.’’. order directing the Government to, at the 1978 (50 U.S.C. 1881a(l)) is amended—

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(A) by redesignating paragraph (3) as para- (B) in the second sentence, by striking ‘‘ac- ‘‘(E) REAPPOINTMENT.—There shall be no graph (4); and quisitions’’ and inserting ‘‘information ob- limit to the number of consecutive terms (B) by inserting after paragraph (2) the fol- tained through an acquisition’’; and served by a Special Advocate. The reappoint- lowing new paragraph: (2) in clause (iii), by inserting ‘‘United ment of a Special Advocate shall be made in ‘‘(3) INSPECTOR GENERAL OF THE INTEL- States persons or’’ after ‘‘later determined the same manner as appointment of a Spe- LIGENCE COMMUNITY REVIEW.— to be’’. cial Advocate. ‘‘(A) IN GENERAL.—The Inspector General TITLE IV—FOREIGN INTELLIGENCE ‘‘(F) ACTING SPECIAL ADVOCATE.—If the po- of the Intelligence Community is authorized SURVEILLANCE COURT REFORMS sition of Special Advocate is vacant, the Chief Justice of the United States may ap- to review the acquisition, use, and dissemi- SEC. 401. OFFICE OF THE SPECIAL ADVOCATE. nation of information acquired under sub- point an Acting Special Advocate from (a) ESTABLISHMENT.—The Foreign Intel- among the qualified employees of the Office. section (a) to review compliance with the ligence Surveillance Act of 1978 (50 U.S.C. If there are no such qualified employees, the targeting and minimization procedures 1801 et seq.) is amended by adding at the end Chief Justice may appoint an Acting Special adopted in accordance with subsections (d) the following new title: and (e) and the guidelines adopted in accord- Advocate from the most recent list of can- ance with subsection (f), and in order to con- ‘‘TITLE IX—OFFICE OF THE SPECIAL didates provided by the Privacy and Civil duct the review required under subparagraph ADVOCATE Liberties Oversight Board pursuant to sub- (B). ‘‘SEC. 901. DEFINITIONS. paragraph (B). The Acting Special Advocate ‘‘(B) MANDATORY REVIEW.—The Inspector ‘‘In this title: shall have all of the powers of a Special Ad- General of the Intelligence Community shall ‘‘(1) DECISION.—The term ‘decision’ means vocate and shall serve until a Special Advo- review the procedures and guidelines devel- a decision, order, or opinion issued by the cate is appointed. oped by the elements of the intelligence Foreign Intelligence Surveillance Court or ‘‘(3) EMPLOYEES.—The Special Advocate community to implement this section, with the Foreign Intelligence Surveillance Court may appoint and terminate and fix the com- respect to the protection of the privacy of Review. pensation of employees of the Office without rights of United States persons, including— ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE regard to the provisions of title 5, United ‘‘(i) an evaluation of the limitations out- COURT; COURT.—The terms ‘Foreign Intel- States Code, governing appointments in the lined in subsection (b), the procedures ap- ligence Surveillance Court’ and ‘Court’ mean competitive service. proved in accordance with subsections (d) the court established under section 103(a) ‘‘(c) DUTIES AND AUTHORITIES OF THE SPE- and (e), and the guidelines adopted in accord- and the petition review pool established CIAL ADVOCATE.— ance with subsection (f), with respect to the under section 103(e). ‘‘(1) IN GENERAL.—The Special Advocate— protection of the privacy rights of United ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE ‘‘(A) may consider any request for con- States persons; and COURT OF REVIEW; COURT OF REVIEW.—The sultation by a party who has been served ‘‘(ii) an evaluation of the circumstances terms ‘Foreign Intelligence Surveillance with an order or directive issued under this under which the contents of communications Court of Review’ and ‘Court of Review’ mean Act requiring the party to provide informa- acquired under subsection (a) may be the court of review established under section tion, facilities, or assistance to the Federal searched in order to review the communica- 103(b). Government; tions of particular United States persons. ‘‘(4) OFFICE.—The term ‘Office’ means the ‘‘(B) may request to participate in a pro- Office of the Special Advocate established ‘‘(C) CONSIDERATION OF OTHER REVIEWS AND ceeding before the Foreign Intelligence Sur- under section 902(a). ASSESSMENTS.—In conducting a review under veillance Court; subparagraph (B), the Inspector General of ‘‘(5) SIGNIFICANT CONSTRUCTION OR INTER- ‘‘(C) shall participate in such proceeding if the Intelligence Community shall take into PRETATION OF LAW.—The term ‘significant such request is granted; consideration, to the extent relevant and ap- construction or interpretation of law’ means ‘‘(D) shall participate in a proceeding be- propriate, any reviews or assessments that a significant construction or interpretation fore the Court if appointed to participate by of a provision, as that term is construed have been completed or are being under- the Court under section 903(a); under section 601(c). taken under this section. ‘‘(E) may request reconsideration of a deci- ‘‘(6) SPECIAL ADVOCATE.—The term ‘Special ‘‘(D) PUBLIC REPORTING OF FINDINGS AND sion of the Court under section 903(b); Advocate’ means the Special Advocate ap- CONCLUSIONS.—In a manner consistent with ‘‘(F) may appeal or seek review of a deci- pointed under section 902(b). the protection of the national security of the sion of the Court or the Foreign Intelligence United States, and in unclassified form, the ‘‘SEC. 902. OFFICE OF THE SPECIAL ADVOCATE. Surveillance Court of Review under section Inspector General of the Intelligence Com- ‘‘(a) ESTABLISHMENT.—There is established 904; and munity shall make publicly available a sum- within the judicial branch of the United ‘‘(G) shall participate in such appeal or re- mary of the findings and conclusions of the States an Office of the Special Advocate. view. review conducted under subparagraph (B).’’. ‘‘(b) SPECIAL ADVOCATE.— ‘‘(2) ACCESS TO APPLICATIONS AND DECI- (2) REPORT.—Not later than December 31, ‘‘(1) IN GENERAL.—The head of the Office is SIONS.— 2014, the Inspector General of the Intel- the Special Advocate. ‘‘(A) APPLICATIONS.—The Attorney General ligence Community shall submit a report re- ‘‘(2) APPOINTMENT AND TERM.— shall provide to the Special Advocate each garding the reviews conducted under para- ‘‘(A) APPOINTMENT.—The Chief Justice of application submitted to a judge of the For- graph (3) of section 702(l) of the Foreign In- the United States shall appoint the Special eign Intelligence Surveillance Court under telligence Surveillance Act of 1978 (50 U.S.C. Advocate from the list of candidates sub- this Act at the same time as the Attorney 1881a(l)), as amended by paragraph (1) of this mitted under subparagraph (B). General submits such applications. subsection, to— ‘‘(B) LIST OF CANDIDATES.—The Privacy and ‘‘(B) DECISIONS.—The Foreign Intelligence (A) the Attorney General; Civil Liberties Oversight Board shall submit Surveillance Court and the Foreign Intel- (B) the Director of National Intelligence; to the Chief Justice a list of not less than 5 ligence Surveillance Court of Review shall and qualified candidates to serve as Special Ad- provide to the Special Advocate access to (C) consistent with the Rules of the House vocate. The Board shall select candidates for each decision of the Court and the Court of of Representatives, the Standing Rules of such list whom the Board believes will be Review, respectively, issued after the date of the Senate, and Senate Resolution 400 of the zealous and effective advocates in defense of the enactment of the USA FREEDOM Act 94th Congress or any successor Senate reso- civil liberties and consider with respect to and all documents and other material rel- lution— each potential candidate— evant to such decision in complete, (i) the congressional intelligence commit- ‘‘(i) the litigation and other professional unredacted form. tees; and experience of such candidate; ‘‘(3) ADVOCACY.—The Special Advocate (ii) the Committee on the Judiciary of the ‘‘(ii) the experience of such candidate in shall vigorously advocate before the Foreign Senate and the Committee on the Judiciary areas of law that the Special Advocate is Intelligence Surveillance Court or the For- of the House of Representatives. likely to encounter in the course of the du- eign Intelligence Surveillance Court of Re- ties of the Special Advocate; and view, as appropriate, in support of legal in- (c) ANNUAL REVIEWS.—Section 702(l)(4)(A) ‘‘(iii) the demonstrated commitment of terpretations that protect individual privacy of the Foreign Intelligence Surveillance Act such candidate to civil liberties. and civil liberties. of 1978 (50 U.S.C. 1881a(l)(4)(A)), as redesig- ‘‘(C) SECURITY CLEARANCE.—An individual ‘‘(4) OUTSIDE COUNSEL.—The Special Advo- nated by subsection (b)(1), is amended— may be appointed Special Advocate without cate may delegate to a competent outside (1) in the matter preceding clause (i)— regard to whether the individual possesses a counsel who has or is able to obtain an ap- (A) in the first sentence— security clearance on the date of the appropriate security clearance any duty or re- (i) by striking ‘‘conducting an acquisition pointment. sponsibility of the Special Advocate set out authorized under subsection (a)’’ and insert- ‘‘(D) TERM AND DISMISSAL.—A Special Ad- in subparagraph (C), (D), or (G) of paragraph ing ‘‘subject to targeting or minimization vocate shall be appointed for a term of 3 (1) with respect to participation in a matter procedures approved under this section’’; and years and may be removed only for good before the Court, the Court of Review, or the (ii) by striking ‘‘the acquisition’’ and in- cause shown, including the demonstrated in- Supreme Court of the United States. serting ‘‘acquisitions under subsection (a)’’; ability to qualify for an adequate security ‘‘(5) AVAILABILITY OF DOCUMENTS AND MATE- and clearance. RIAL.—The Court or the Court of Review, as

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appropriate, shall order any agency, depart- Special Advocate and issue a decision in such ‘‘(e) TIMING OF DISCLOSURE.— ment, or entity to make available to the appeal, unless it would be apparent to all ‘‘(1) DECISIONS ISSUED PRIOR TO ENACT- Special Advocate, or appropriate outside reasonable jurists that such decision is dic- MENT.—The Attorney General shall disclose counsel if the Special Advocate has dele- tated by statute or by precedent. a decision issued prior to the date of the en- gated duties or responsibilities to the out- ‘‘(4) STANDARD OF REVIEW.—The standard actment of the USA FREEDOM Act that is side counsel under paragraph (4), any docu- for a mandatory review of a Foreign Intel- required to be disclosed under subsection ments or other material necessary to carry ligence Surveillance Court decision pursuant (a)(1) not later than 180 days after the date of out the duties described in paragraph (1). to paragraph (3) shall be— the enactment of such Act. ‘‘(d) SECURITY CLEARANCES.—The appro- ‘‘(A) de novo with respect to issues of law; ‘‘(2) FISA COURT DECISIONS.—The Attorney priate departments, agencies, and elements and General shall release Court decisions ap- of the Executive branch shall cooperate with ‘‘(B) clearly erroneous with respect to de- pealed by the Special Advocate not later the Office, to the extent possible under exist- termination of facts. than 30 days after the date on which the ap- ing procedures and requirements, to expedi- ‘‘(5) AMICI CURIAE PARTICIPATION.— peal is filed. tiously provide the Special Advocate, appro- ‘‘(A) IN GENERAL.—The Court of Review ‘‘(3) FISA COURT OF REVIEW DECISIONS.—The priate employees of the Office, and outside shall accept amici curiae briefs from inter- Attorney General shall release Court of Re- counsel to whom the Special Advocate dele- ested parties in all mandatory reviews pursu- view decisions for which the Special Advo- gates a duty or responsibility under sub- ant to paragraph (3) and shall provide for cate seeks a writ of certiorari not later than section (c)(4) with the security clearances amici curiae participation in oral argument 90 days after the date on which the petition necessary to carry out the duties of the Spe- if appropriate. is filed. cial Advocate. ‘‘(B) REGULATIONS.—Not later than 180 ‘‘(f) PETITION BY THE SPECIAL ADVOCATE.— ‘‘SEC. 903. ADVOCACY BEFORE THE FOREIGN IN- days after the date of the enactment of the ‘‘(1) AUTHORITY TO PETITION.—The Special TELLIGENCE SURVEILLANCE USA FREEDOM Act, the Court of Review Advocate may petition the Court or the COURT. shall promulgate regulations to provide the Court of Review to order— ‘‘(a) APPOINTMENT TO PARTICIPATE.— public with information sufficient to allow ‘‘(A) the public disclosure of a decision of ‘‘(1) IN GENERAL.—The Foreign Intelligence interested parties to participate as amici cu- the Court or Court of Review, and documents Surveillance Court may appoint the Special riae. or other material relevant to such a deci- Advocate to participate in a proceeding be- ‘‘(b) REVIEW OF FOREIGN INTELLIGENCE SUR- sion, previously designated as classified in- fore the Court. VEILLANCE COURT OF REVIEW DECISIONS.— formation; or ‘‘(2) STANDING.—If the Special Advocate is ‘‘(1) AUTHORITY.—The Special Advocate ‘‘(B) the release of an unclassified sum- appointed to participate in a Court pro- may seek a writ of certiorari from the Su- mary of such decisions and documents. ceeding pursuant to paragraph (1), the Spe- preme Court of the United States for review ‘‘(2) CONTENTS OF PETITION.—Each petition cial Advocate shall have standing as a party of any decision of the Foreign Intelligence filed under paragraph (1) shall contain a de- before the Court in that proceeding. Surveillance Court of Review. tailed declassification proposal or a sum- ‘‘(b) RECONSIDERATION OF A FOREIGN INTEL- ‘‘(2) STANDING.—In any proceedings before mary of the decision and documents that the LIGENCE SURVEILLANCE COURT DECISION.— the Supreme Court of the United States re- Special Advocate proposes to have released ‘‘(1) AUTHORITY TO MOVE FOR RECONSIDER- lating to a petition of certiorari filed under publicly. ATION.—The Special Advocate may move the paragraph (1) and any proceedings in a mat- ‘‘(3) ROLE OF THE ATTORNEY GENERAL.— Court to reconsider any decision of the Court ter for which certiorari is granted, the Spe- ‘‘(A) COPY OF PETITION.—The Special Advo- made after the date of the enactment of the cial Advocate shall have standing as a party. cate shall provide to the Attorney General a USA FREEDOM Act by petitioning the ‘‘SEC. 905. DISCLOSURE. copy of each petition filed under paragraph Court not later than 30 days after the date ‘‘(a) REQUIREMENT TO DISCLOSE.—The At- (1). on which all documents and materials rel- torney General shall publicly disclose— ‘‘(B) OPPOSITION.—The Attorney General evant to the decision are made available to ‘‘(1) all decisions issued by the Foreign In- may oppose a petition filed under paragraph the Special Advocate. telligence Surveillance Court or the Foreign (1) by submitting any objections in writing ‘‘(2) DISCRETION OF THE COURT.—The Court Intelligence Surveillance Court of Review to the Court or the Court of Review, as ap- shall have discretion to grant or deny a mo- after July 10, 2003, that include a significant propriate, not later than 90 days after the tion for reconsideration made pursuant to construction or interpretation of law; date such petition was submitted. paragraph (1). ‘‘(2) any decision of the Court appealed by ‘‘(4) PUBLIC AVAILABILITY.—Not less than 91 ‘‘(c) AMICI CURIAE PARTICIPATION.— the Special Advocate pursuant to this title; days after receiving a petition under para- ‘‘(1) MOTION BY THE SPECIAL ADVOCATE.— and graph (1), and taking into account any objec- The Special Advocate may file a motion with ‘‘(3) any Court of Review decision that is tions from the Attorney General made under the Court to permit and facilitate participa- issued after an appeal by the Special Advo- paragraph (3)(B), the Court or the Court of tion of amici curiae, including participation cate. Review, as appropriate, shall declassify and in oral argument if appropriate, in any pro- ‘‘(b) DISCLOSURE DESCRIBED.—For each dis- make readily available to the public any de- ceeding. The Court shall have the discretion closure required by subsection (a) with re- cision, document, or other material re- to grant or deny such a motion. spect to a decision, the Attorney General quested in such petition, to the greatest ex- ‘‘(2) FACILITATION BY THE FOREIGN INTEL- shall make available to the public docu- tent possible, consistent with legitimate na- LIGENCE SURVEILLANCE COURT.—The Court ments sufficient— tional security considerations. may, sua sponte, permit and facilitate par- ‘‘(1) to identify with particularity each ‘‘(5) EFFECTIVE DATE.—The Special Advo- ticipation by amici curiae, including partici- legal question addressed by the decision and cate may not file a petition under paragraph pation in oral argument if appropriate, in how such question was resolved; (1) until 181 days after the date of the enact- proceedings before the Court. ‘‘(2) to describe in general terms the con- ment of the USA FREEDOM Act, except ‘‘(3) REGULATIONS.—Not later than 180 days text in which the matter arises; with respect to a decision appealed by the after the date of the enactment of USA ‘‘(3) to describe the construction or inter- Special Advocate. pretation of any statute, constitutional pro- FREEDOM Act, the Court shall promulgate ‘‘SEC. 906. ANNUAL REPORT TO CONGRESS. regulations to provide the public with infor- vision, or other legal authority relied on by the decision; and ‘‘(a) REQUIREMENT FOR ANNUAL REPORT.— mation sufficient to allow interested parties The Special Advocate shall submit to Con- to participate as amici curiae. ‘‘(4) to indicate whether the decision de- parted from any prior decision of the Court gress an annual report on the implementa- ‘‘SEC. 904. APPELLATE REVIEW. or Court of Review. tion of this title. ‘‘(a) APPEAL OF FOREIGN INTELLIGENCE SUR- ‘‘(c) DOCUMENTS DESCRIBED.—The Attorney ‘‘(b) CONTENTS.—Each annual report sub- VEILLANCE COURT DECISIONS.— General shall satisfy the disclosure require- mitted under subsection (a) shall— ‘‘(1) AUTHORITY TO APPEAL.—The Special ments in subsection (b) by— ‘‘(1) detail the activities of the Office of Advocate may appeal any decision of the ‘‘(1) releasing a Court or Court of Review the Special Advocate; Foreign Intelligence Surveillance Court decision in its entirety or as redacted; ‘‘(2) provide an assessment of the effective- issued after the date of the enactment of the ‘‘(2) releasing a summary of a Court or ness of this title; and USA FREEDOM Act not later than 90 days Court of Review decision; or ‘‘(3) propose any new legislation to im- after the date on which the decision is ‘‘(3) releasing an application made to the prove the functioning of the Office or the op- issued. Court, briefs filed before the Court or the eration of the Foreign Intelligence Surveil- ‘‘(2) STANDING AS APPELLANT.—If the Spe- Court of Review, or other materials, in full lance Court or the Foreign Intelligence Sur- cial Advocate appeals a decision of the Court or as redacted. veillance Court of Review that the Special pursuant to paragraph (1), the Special Advo- ‘‘(d) EXTENSIVE DISCLOSURE.—The Attorney Advocate considers appropriate.’’. cate shall have standing as a party before General shall release as much information (b) TABLE OF CONTENTS AMENDMENT.—The the Foreign Intelligence Surveillance Court regarding the facts and analysis contained in table of contents in the first section of the of Review in such appeal. a decision described in subsection (a) or doc- Foreign Intelligence Surveillance Act of ‘‘(3) MANDATORY REVIEW.—The Court of Re- uments described in subsection (c) as is con- 1978, as amended by section 101(c)(2) of this view shall review any Foreign Intelligence sistent with legitimate national security Act, is further amended by adding at the end Surveillance Court decision appealed by the concerns. the following new items:

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0655 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7626 CONGRESSIONAL RECORD — SENATE October 29, 2013 ‘‘TITLE IX–OFFICE OF THE SPECIAL activities protected by the First Amendment ‘‘(II) the activities of a suspected agent of ADVOCATE to the Constitution of the United States; and a foreign power who is the subject of such ‘‘Sec. 901. Definitions. ‘‘(2) there are reasonable grounds to be- authorized investigation; or ‘‘Sec. 902. Office of the Special Advocate. lieve that the name, address, length of serv- ‘‘(III) an individual in contact with, or ‘‘Sec. 903. Advocacy before the Foreign In- ice, and toll billing records sought pertain known to, a suspected agent of a foreign telligence Surveillance Court. to— power. ‘‘Sec. 904. Appellate review. ‘‘(A) a foreign power or agent of a foreign ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘Sec. 905. Disclosure. power; section, the terms ‘agent of a foreign power’, ‘‘Sec. 906. Annual report to Congress.’’. ‘‘(B) the activities of a suspected agent of ‘foreign intelligence information’, ‘foreign SEC. 402. FOREIGN INTELLIGENCE SURVEIL- a foreign power who is the subject of such power’, ‘international terrorism’, and LANCE COURT DISCLOSURE OF authorized investigation; or ‘United States person’ have the same mean- OPINIONS. ‘‘(C) an individual in contact with, or ings as in section 101 of the Foreign Intel- Section 103 of the Foreign Intelligence Sur- known to, a suspected agent of a foreign ligence Surveillance Act of 1978 (50 U.S.C. veillance Act of 1978 (50 U.S.C. 1803) is power.’’; and 1801). amended— (2) by adding at the end the following new ‘‘(c) DEFINITION OF FINANCIAL INSTITU- (1) by redesignating subsections (g) and (h) subsection: TION.—For purposes of this section (and sec- as subsections (h) and (i), respectively; and ‘‘(g) For purposes of this subsection, the tions 1115 and 1117, insofar as the sections re- (2) by inserting after subsection (f) the fol- terms ‘agent of a foreign power’, ‘foreign late to the operation of this section), the term ‘financial institution’ has the same lowing new subsection: power’, ‘international terrorism’, and ‘‘(g)(1) A judge of the court established meaning as in subsections (a)(2) and (c)(1) of ‘United States person’ have the same mean- under subsection (a) who authored an order, section 5312 of title 31, United States Code, ings as in section 101 of the Foreign Intel- opinion, or other decision may sua sponte or except that the term shall include only a fi- ligence Surveillance Act of 1978 (50 U.S.C. on motion by a party request that such nancial institution any part of which is lo- 1801).’’. order, opinion, or other decision be made cated inside any State or territory of the publicly available. (b) ACCESS TO FINANCIAL RECORDS FOR CER- United States, the District of Columbia, ‘‘(2) Upon a request under paragraph (1), TAIN INTELLIGENCE AND PROTECTIVE PUR- Puerto Rico, Guam, American Samoa, the the presiding judge of the court established POSES.—Section 1114 of the Right to Finan- Commonwealth of the Northern Mariana Is- under subsection (a), in consultation with cial Privacy Act of 1978 (12 U.S.C. 3414) is lands, or the United States Virgin Islands.’’. the other judges of such court, may direct amended to read as follows: (c) NATIONAL SECURITY LETTER AUTHORITY FOR CERTAIN CONSUMER REPORT RECORDS.— that such order, opinion, or other decision be ‘‘SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR made publicly available. CERTAIN INTELLIGENCE AND PRO- (1) IN GENERAL.—Section 626 of the Fair ‘‘(3) Prior to making an order, opinion, or TECTIVE PURPOSES. Credit Reporting Act (15 U.S.C. 1681u) is amended— other decision of the court established under ‘‘(a) AUTHORIZATION.— (A) by striking subsections (a) through (c) subsection (a) publicly available in accord- ‘‘(1) IN GENERAL.—The Director of the Fed- ance with this subsection, the presiding and inserting the following new subsections: eral Bureau of Investigation, or a designee of ‘‘(a) AUTHORIZATION.— judge of such court may direct the Executive the Director whose rank shall be no lower branch to review such order, opinion, or ‘‘(1) IN GENERAL.—The Director of the Fed- than Deputy Assistant Director at Bureau eral Bureau of Investigation, or a designee of other decision and redact such order, opin- headquarters or Special Agent in Charge in a ion, or other decision as necessary to ensure the Director whose rank shall be no lower Bureau field office, may issue in writing and than Deputy Assistant Director at Bureau that properly classified information is appro- cause to be served on a financial institution, priately protected.’’. headquarters or Special Agent in Charge in a a request requiring the production of— Bureau field office, may issue in writing and SEC. 403. PRESERVATION OF RIGHTS. ‘‘(A) the name of a customer of the finan- cause to be served on a consumer reporting Nothing in this title or an amendment cial institution; agency a request requiring the production made by this title shall be construed— ‘‘(B) the address of a customer of the finan- of— (1) to provide the Attorney General with cial institution; ‘‘(A) the name of a consumer; authority to prevent the court established ‘‘(C) the length of time during which a per- ‘‘(B) the current and former address of a under section 103(a) of Foreign Intelligence son has been, or was, a customer of the fi- consumer; Surveillance Act of 1978 (50 U.S.C. 1803(a)), nancial institution (including the start date) ‘‘(C) the current and former places of em- the petition review pool established under and the type of service provided by the finan- ployment of a consumer; and section 103(e) of such Act (50 U.S.C. 1803(e)), cial institution to the customer; and ‘‘(D) the name and address of any financial or the court of review established under sec- ‘‘(D) any account number or other unique institution (as that term is defined in section 103(b) of such Act (50 U.S.C. 1803(b)) identifier associated with a customer of the tion 1101 of the Right to Financial Privacy from declassifying decisions or releasing in- financial institution. Act of 1978 (12 U.S.C. 3401)) at which a con- formation pursuant to this title or an ‘‘(2) LIMITATION.—A request issued under sumer maintains or has maintained an ac- amendment made by this title; or this subsection may not require the produc- count, to the extent that the information is (2) to eliminate the public’s ability to se- tion of records or information not listed in in the files of the consumer reporting agen- cure information under section 552 of title 5, paragraph (1). cy. United States Code (commonly known as the ‘‘(b) REQUIREMENTS.— ‘‘(2) LIMITATION.—A request issued under ‘‘Freedom of Information Act’’) or any other ‘‘(1) IN GENERAL.—A request issued under this subsection may not require the produc- provision of law. subsection (a) shall— tion of a consumer report. TITLE V—NATIONAL SECURITY LETTER ‘‘(A) be subject to the requirements of sub- ‘‘(b) REQUIREMENTS.— REFORMS sections (d) through (g) of section 2709 of ‘‘(1) IN GENERAL.—A request issued under SEC. 501. NATIONAL SECURITY LETTER AUTHOR- title 18, United States Code, in the same subsection (a) shall— ITY. manner and to the same extent as those pro- ‘‘(A) be subject to the requirements of sub- (a) COUNTERINTELLIGENCE ACCESS TO TELE- visions apply with respect to a request under sections (d) through (g) of section 2709 of PHONE TOLL AND TRANSACTIONAL RECORDS.— section 2709(b) of title 18, United States title 18, United States Code, in the same Section 2709 of title 18, United States Code, Code, to a wire or electronic communication manner and to the same extent as those pro- is amended— service provider; and visions apply with respect to a request under (1) in subsection (b)— ‘‘(B) include a statement of facts showing section 2709(b) of title 18, United States (A) by striking ‘‘may—’’ and all that fol- that there are reasonable grounds to believe Code, to a wire or electronic communication lows through the period at the end and in- that the records or other things sought— service provider; and serting the following: ‘‘may request the ‘‘(i) are relevant and material to an au- ‘‘(B) include a statement of facts showing name, address, length of service, and local thorized investigation (other than a threat that there are reasonable grounds to believe and long distance toll billing records of a assessment and provided that such an inves- that the records or other things sought— person or entity if the Director (or his des- tigation of a United States person is not con- ‘‘(i) are relevant and material to an au- ignee) certifies in writing to the wire or elec- ducted solely on the basis of activities pro- thorized investigation (other than a threat tronic communication service provider to tected by the First Amendment to the Con- assessment and provided that such an inves- which the request is made that—’’; and stitution of the United States) to— tigation of a United States person is not con- (B) by adding at the end the following new ‘‘(I) obtain foreign intelligence informa- ducted solely on the basis of activities pro- paragraphs: tion not concerning a United States person; tected by the First Amendment to the Con- ‘‘(1) the name, address, length of service, or stitution of the United States) to— and toll billing records sought are relevant ‘‘(II) protect against international ter- ‘‘(I) obtain foreign intelligence informa- and material to an authorized investigation rorism or clandestine intelligence activities; tion not concerning a United States person; to protect against international terrorism or and or clandestine intelligence activities, provided ‘‘(ii) pertain to— ‘‘(II) protect against international ter- that such an investigation of a United States ‘‘(I) a foreign power or an agent of a for- rorism or clandestine intelligence activities; person is not conducted solely on the basis of eign power; and

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7627 ‘‘(ii) pertain to— ner as the person to whom the request is ‘‘(iii) other persons as permitted by the Di- ‘‘(I) a foreign power or an agent of a for- issued. rector of the Federal Bureau of Investigation eign power; ‘‘(C) NOTICE.—Any recipient that discloses or the designee of the Director. ‘‘(II) the activities of a suspected agent of to a person described in subparagraph (A) in- ‘‘(B) APPLICATION.—A person to whom dis- a foreign power who is the subject of such formation otherwise subject to a nondisclo- closure is made under subparagraph (A) shall authorized investigation; or sure requirement shall notify the person of be subject to the nondisclosure requirements ‘‘(III) an individual in contact with, or the applicable nondisclosure requirement. applicable to a person to whom a request is known to, a suspected agent of a foreign ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- issued under subsection (a) in the same man- power. ENTS.—At the request of the Director of the ner as the person to whom the request is ‘‘(2) DEFINITIONS.—In this subsection, the Federal Bureau of Investigation or the des- issued. terms ‘agent of a foreign power’, ‘foreign in- ignee of the Director, any person making or ‘‘(C) NOTICE.—Any recipient that discloses telligence information’, ‘foreign power’, intending to make a disclosure under clause to a person described in subparagraph (A) in- ‘international terrorism’, and ‘United States (i) or (iii) of subparagraph (A) shall identify formation otherwise subject to a nondisclo- person’ have the meaning given such terms to the Director or such designee the person sure requirement shall inform the person of in section 101 of the Foreign Intelligence to whom such disclosure will be made or to the applicable nondisclosure requirement. Surveillance Act of 1978 (50 U.S.C. 1801).’’; whom such disclosure was made prior to the ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- (B) by striking subsections (f) through (h); request. ENTS.—At the request of the Director of the and ‘‘(3) TERMINATION.—In the case of any re- Federal Bureau of Investigation or the des- (C) by redesignating subsections (d), (e), quest for which a recipient has submitted a ignee of the Director, any person making or (i), (j), (k), (l), and (m) as subsections (c), (d), notification or filed a petition for judicial re- intending to make a disclosure under clause (e), (f), (g), (h), and (i), respectively. view under paragraph (3)(B), if the facts sup- (i) or (iii) of subparagraph (A) shall identify (2) REPEAL.—Section 627 of the Fair Credit porting a nondisclosure requirement cease to to the Director or such designee the person Reporting Act (15 U.S.C. 1681v) is repealed. exist, an appropriate official of the Federal to whom such disclosure will be made or to SEC. 502. LIMITATIONS ON DISCLOSURE OF NA- Bureau of Investigation shall promptly no- whom such disclosure was made prior to the TIONAL SECURITY LETTERS. tify the wire or electronic service provider, request. (a) COUNTERINTELLIGENCE ACCESS TO TELE- or officer, employee, or agent thereof, sub- ‘‘(3) TERMINATION.—In the case of any re- PHONE TOLL AND TRANSACTIONAL RECORDS.— ject to the nondisclosure requirement that quest for which a financial institution has Section 2709 of title 18, United States Code, the nondisclosure requirement is no longer submitted a notification or filed a petition is amended by striking subsection (c) and in- in effect.’’. for judicial review under paragraph (3)(B), if serting the following new subsection: (b) ACCESS TO FINANCIAL RECORDS FOR CER- the facts supporting a nondisclosure require- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— TAIN INTELLIGENCE AND PROTECTIVE PUR- ment cease to exist, an appropriate official ‘‘(1) PROHIBITION.— POSES.—Section 1114 of the Right to Finan- of the Federal Bureau of Investigation shall ‘‘(A) IN GENERAL.—If a certification is cial Privacy Act of 1978 (12 U.S.C. 3414), as promptly notify the financial institution, or issued under subparagraph (B) and notice of amended by section 501(b) of this Act, is fur- officer, employee, or agent thereof, subject the right to judicial review under subsection ther amended— to the nondisclosure requirement that the (d) is provided, no wire or electronic commu- (1) by redesignating subsection (c) as sub- nondisclosure requirement is no longer in ef- nication service provider, or officer, em- section (d); and fect.’’. ployee, or agent thereof, that receives a re- (2) by inserting after subsection (b) the fol- (c) IDENTITY OF FINANCIAL INSTITUTIONS quest under subsection (b), shall disclose to lowing new subsection: AND CREDIT REPORTS.—Section 626 of the any person that the Director of the Federal ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— Fair Credit Reporting Act (15 U.S.C. 1681u), Bureau of Investigation has sought or ob- ‘‘(1) PROHIBITION.— as amended by section 501(c) of this Act, is tained access to information or records ‘‘(A) IN GENERAL.—If a certification is further amended by striking subsection (c) under this section. issued under subparagraph (B) and notice of (as redesignated by section 501(c)(1)(D) of ‘‘(B) CERTIFICATION.—The requirements of the right to judicial review under subsection this Act) and inserting the following new subparagraph (A) shall apply if the Director (d) is provided, no financial institution, or subsection: of the Federal Bureau of Investigation, or a officer, employee, or agent thereof, that re- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— designee of the Director whose rank shall be ceives a request under subsection (a) shall ‘‘(1) PROHIBITION.— no lower than Deputy Assistant Director at disclose to any person that the Federal Bu- ‘‘(A) IN GENERAL.—If a certification is Bureau headquarters or a Special Agent in reau of Investigation has sought or obtained issued under subparagraph (B) and notice of Charge of a Bureau field office, certifies that access to information or records under sub- the right to judicial review under subsection the absence of a prohibition of disclosure section (a). (d) is provided, no consumer reporting agen- under this subsection may result in— ‘‘(B) CERTIFICATION.—The requirements of cy, or officer, employee, or agent thereof, ‘‘(i) endangering the life or physical safety subparagraph (A) shall apply if the Director that receives a request under subsection (a) of any person; of the Federal Bureau of Investigation, or a shall disclose or specify in any consumer re- ‘‘(ii) flight from investigation or prosecu- designee of the Director whose rank shall be port, that the Federal Bureau of Investiga- tion; no lower than Deputy Assistant Director at tion has sought or obtained access to infor- ‘‘(iii) destruction of or tampering with evi- Bureau headquarters or a Special Agent in mation or records under subsection (a) or (b). dence; Charge of a Bureau field office, certifies that ‘‘(B) CERTIFICATION.—The requirements of ‘‘(iv) intimidation of potential witnesses; the absence of a prohibition of disclosure subparagraph (A) shall apply if the Director ‘‘(v) interference with diplomatic rela- under this subsection may result in— of the Federal Bureau of Investigation, or a tions; ‘‘(i) endangering the life or physical safety designee of the Director whose rank shall be ‘‘(vi) alerting a target, an associate of a of any person; no lower than Deputy Assistant Director at target, or the foreign power of which the tar- ‘‘(ii) flight from investigation or prosecu- Bureau headquarters or a Special Agent in get is an agent, of the interest of the Govern- tion; Charge of a Bureau field office, certifies that ment in the target; or ‘‘(iii) destruction of or tampering with evi- the absence of a prohibition of disclosure ‘‘(vii) otherwise seriously endangering the dence; under this subsection may result in— national security of the United States. ‘‘(iv) intimidation of potential witnesses; ‘‘(i) endangering the life or physical safety ‘‘(2) EXCEPTION.— ‘‘(v) interference with diplomatic rela- of any person; ‘‘(A) IN GENERAL.—A wire or electronic tions; ‘‘(ii) flight from investigation or prosecu- communication service provider, or officer, ‘‘(vi) alerting a target, an associate of a tion; employee, or agent thereof, that receives a target, or the foreign power of which the tar- ‘‘(iii) destruction of or tampering with evi- request under subsection (b) may disclose in- get is an agent, of the interest of the Govern- dence; formation otherwise subject to any applica- ment in the target; or ‘‘(iv) intimidation of potential witnesses; ble nondisclosure requirement to— ‘‘(vii) otherwise seriously endangering the ‘‘(v) interference with diplomatic rela- ‘‘(i) those persons to whom disclosure is national security of the United States. tions; necessary in order to comply with the re- ‘‘(2) EXCEPTION.— ‘‘(vi) alerting a target, an associate of a quest; ‘‘(A) IN GENERAL.—A financial institution, target, or the foreign power of which the tar- ‘‘(ii) an attorney in order to obtain legal or officer, employee, or agent thereof, that get is an agent, of the interest of the Govern- advice or assistance regarding the request; receives a request under subsection (a) may ment in the target; or or disclose information otherwise subject to ‘‘(vii) otherwise seriously endangering the ‘‘(iii) other persons as permitted by the Di- any applicable nondisclosure requirement national security of the United States. rector of the Federal Bureau of Investigation to— ‘‘(2) EXCEPTION.— or the designee of the Director. ‘‘(i) those persons to whom disclosure is ‘‘(A) IN GENERAL.—A consumer reporting ‘‘(B) APPLICATION.—A person to whom dis- necessary in order to comply with the re- agency, or officer, employee, or agent there- closure is made under subparagraph (A) shall quest; of, that receives a request under subsection be subject to the nondisclosure requirements ‘‘(ii) an attorney in order to obtain legal (a) may disclose information otherwise sub- applicable to a person to whom a request is advice or assistance regarding the request; ject to any applicable nondisclosure require- issued under subsection (b) in the same man- or ment to—

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7628 CONGRESSIONAL RECORD — SENATE October 29, 2013 ‘‘(i) those persons to whom disclosure is wise subject to any applicable nondisclosure issue a nondisclosure order that includes necessary in order to comply with the re- requirement to— conditions appropriate to the circumstances. quest; ‘‘(i) those persons to whom disclosure is ‘‘(2) APPLICATION CONTENTS.—An applica- ‘‘(ii) an attorney in order to obtain legal necessary in order to comply with the re- tion for a nondisclosure order or extension advice or assistance regarding the request; quest; thereof or a response to a petition filed or ‘‘(ii) an attorney in order to obtain legal under paragraph (1) shall include a certifi- ‘‘(iii) other persons as permitted by the Di- advice or assistance regarding the request; cation from the Attorney General, Deputy rector of the Federal Bureau of Investigation or Attorney General, an Assistant Attorney or the designee of the Director. ‘‘(iii) other persons as permitted by the General, or the Director of the Federal Bu- ‘‘(B) APPLICATION.—A person to whom dis- head of the authorized investigative agency reau of Investigation, or in the case of a re- closure is made under subparagraph (A) shall described in subsection (a). quest by a department, agency, or instru- be subject to the nondisclosure requirements ‘‘(B) APPLICATION.—A person to whom dis- mentality of the Federal Government other applicable to a person to whom a request is closure is made under subparagraph (A) shall than the Department of Justice, the head or issued under subsection (a) or (b) in the same be subject to the nondisclosure requirements deputy head of the department, agency, or manner as the person to whom the request is applicable to a person to whom a request is instrumentality, containing a statement of issued. issued under subsection (a) in the same man- specific facts indicating that the absence of ‘‘(C) NOTICE.—Any recipient that discloses ner as the person to whom the request is a prohibition of disclosure under this sub- to a person described in subparagraph (A) in- issued. section may result in— formation otherwise subject to a nondisclo- ‘‘(C) NOTICE.—Any recipient that discloses ‘‘(A) endangering the life or physical safety sure requirement shall inform the person of to a person described in subparagraph (A) in- of any person; the applicable nondisclosure requirement. formation otherwise subject to a nondisclo- ‘‘(B) flight from investigation or prosecu- ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- sure requirement shall inform the person of tion; ENTS.—At the request of the Director of the the applicable nondisclosure requirement. ‘‘(C) destruction of or tampering with evi- Federal Bureau of Investigation or the des- ‘‘(D) IDENTIFICATION OF DISCLOSURE RECIPI- dence; ignee of the Director, any person making or ENTS.—At the request of the head of an au- ‘‘(D) intimidation of potential witnesses; intending to make a disclosure under clause thorized investigative agency described in ‘‘(E) interference with diplomatic rela- (i) or (iii) of subparagraph (A) shall identify subsection (a), or a designee, any person tions; to the Director or such designee the person making or intending to make a disclosure ‘‘(F) alerting a target, an associate of a to whom such disclosure will be made or to under clause (i) or (iii) of subparagraph (A) target, or the foreign power of which the tar- whom such disclosure was made prior to the shall identify to the head of the authorized get is an agent, of the interest of the Govern- request. investigative agency or such designee the ment in the target; or ‘‘(3) TERMINATION.—In the case of any re- person to whom such disclosure will be made ‘‘(G) otherwise seriously endangering the quest for which a consumer reporting agency or to whom such disclosure was made prior national security of the United States. has submitted a notification or filed a peti- to the request. ‘‘(3) STANDARD.—A district court of the tion for judicial review under paragraph ‘‘(3) TERMINATION.—In the case of any re- United States shall issue a nondisclosure re- (3)(B), if the facts supporting a nondisclosure quest for which a governmental or private quirement order or extension thereof under requirement cease to exist, an appropriate entity has submitted a notification or filed a this subsection if the court determines that official of the Federal Bureau of Investiga- petition for judicial review under paragraph there is reason to believe that disclosure of tion shall promptly notify the consumer re- (3)(B), if the facts supporting a nondisclosure the information subject to the nondisclosure porting agency, or officer, employee, or requirement cease to exist, an appropriate requirement during the applicable time pe- agent thereof, subject to the nondisclosure official of the authorized investigative agen- riod will result in— requirement that the nondisclosure require- cy described in subsection (a) shall promptly ‘‘(A) endangering the life or physical safety ment is no longer in effect.’’. notify the governmental or private entity, or of any person; (d) INVESTIGATIONS OF PERSONS WITH AC- officer, employee, or agent thereof, subject ‘‘(B) flight from investigation or prosecu- CESS TO CLASSIFIED INFORMATION.—Section to the nondisclosure requirement that the tion; 802 of the National Security Act of 1947 (50 nondisclosure requirement is no longer in ef- ‘‘(C) destruction of or tampering with evi- U.S.C. 3162) is amended by striking sub- fect.’’. dence; section (b) and inserting the following new (e) JUDICIAL REVIEW.—Section 3511 of title ‘‘(D) intimidation of potential witnesses; subsection: 18, United States Code, is amended by strik- ‘‘(E) interference with diplomatic rela- ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— ing subsection (b) and inserting the following tions; ‘‘(1) PROHIBITION.— new subsection: ‘‘(F) alerting a target, an associate of a ‘‘(A) IN GENERAL.—If a certification is ‘‘(b) NONDISCLOSURE.— target, or the foreign power of which the tar- issued under subparagraph (B) and notice of ‘‘(1) IN GENERAL.— get is an agent, of the interest of the Govern- the right to judicial review under subsection ‘‘(A) NOTICE.—If a recipient of a request for ment in the target; or (c) is provided, no governmental or private a report, records, or other information under ‘‘(G) otherwise seriously endangering the entity, or officer, employee, or agent there- section 2709 of this title, section 626 of the national security of the United States.’’. of, that receives a request under subsection Fair Credit Reporting Act (15 U.S.C. 1681u), SEC. 503. JUDICIAL REVIEW. (a), shall disclose to any person that an au- section 1114 of the Right to Financial Pri- (a) COUNTERINTELLIGENCE ACCESS TO TELE- thorized investigative agency described in vacy Act of 1978 (12 U.S.C. 3414), or section PHONE TOLL AND TRANSACTIONAL RECORDS.— subsection (a) has sought or obtained access 802 of the National Security Act of 1947 (50 Section 2709 of title 18, United States Code, to information under subsection (a). U.S.C. 3162), wishes to have a court review a as amended by section 501(a) of this Act, is ‘‘(B) CERTIFICATION.—The requirements of nondisclosure requirement imposed in con- further amended— subparagraph (A) shall apply if the head of nection with the request, the recipient may (1) by redesignating subsections (d), (e), (f), an authorized investigative agency described notify the Government or file a petition for and (g) as subsections (e), (f), (g), and (h), rein subsection (a), or a designee, certifies that judicial review in any court described in sub- spectively; and the absence of a prohibition of disclosure section (a). (2) by inserting after subsection (c) the fol- under this subsection may result in— ‘‘(B) APPLICATION.—Not later than 30 days lowing new subsection: ‘‘(i) endangering the life or physical safety after the date of receipt of a notification ‘‘(d) JUDICIAL REVIEW.— of any person; under subparagraph (A), the Government ‘‘(1) IN GENERAL.—A request under sub- ‘‘(ii) flight from investigation or prosecu- shall apply for an order prohibiting the dis- section (b) or a non-disclosure requirement tion; closure of the existence or contents of the imposed in connection with such request ‘‘(iii) destruction of or tampering with evi- relevant request. An application under this under subsection (c) shall be subject to judi- dence; subparagraph may be filed in the district cial review under section 3511. ‘‘(iv) intimidation of potential witnesses; court of the United States for the judicial ‘‘(2) NOTICE.—A request under subsection ‘‘(v) interference with diplomatic rela- district in which the recipient of the order is (b) shall include notice of the availability of tions; doing business or in the district court of the judicial review described in paragraph (1).’’. ‘‘(vi) alerting a target, an associate of a United States for any judicial district within (b) ACCESS TO FINANCIAL RECORDS FOR CER- target, or the foreign power of which the tar- which the authorized investigation that is TAIN INTELLIGENCE AND PROTECTIVE PUR- get is an agent, of the interest of the Govern- the basis for the request is being conducted. POSES.—Section 1114 of the Right to Finan- ment in the target; or The applicable nondisclosure requirement cial Privacy Act of 1978 (12 U.S.C. 3414), as ‘‘(vii) otherwise seriously endangering the shall remain in effect during the pendency of amended by section 502(b) of this Act, is fur- national security of the United States. proceedings relating to the requirement. ther amended— ‘‘(2) EXCEPTION.— ‘‘(C) CONSIDERATION.—A district court of (1) by redesignating subsection (d) (as rede- ‘‘(A) IN GENERAL.—A governmental or pri- the United States that receives a petition signed by such section 502(b)) as subsection vate entity, or officer, employee, or agent under subparagraph (A) or an application (e); and thereof, that receives a request under sub- under subparagraph (B) should rule expedi- (2) by inserting after subsection (c) the fol- section (a) may disclose information other- tiously, and shall, subject to paragraph (3), lowing new subsection:

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‘‘(d) JUDICIAL REVIEW.— ‘‘(A) section 2709(b) of title 18, United (1) section 2709 of title 18, United States ‘‘(1) IN GENERAL.—A request under sub- States Code (to access certain communica- Code, is amended to read as such provision section (a) or a non-disclosure requirement tion service provider records); read on October 25, 2001; imposed in connection with such request ‘‘(B) section 1114 of the Right to Financial (2) section 1114 of the Right to Financial under subsection (c) shall be subject to judi- Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is cial review under section 3511 of title 18, (to obtain financial institution customer amended to read as such provision read on United States Code. records); October 25, 2001; ‘‘(2) NOTICE.—A request under subsection ‘‘(C) section 802 of the National Security (3) subsections (a) and (b) of section 626 of (a) shall include notice of the availability of Act of 1947 (50 U.S.C. 3162) (to obtain finan- the Fair Credit Reporting Act (15 U.S.C. judicial review described in paragraph (1).’’. cial information, records, and consumer re- 1681u) are amended to read as subsections (a) (c) IDENTITY OF FINANCIAL INSTITUTIONS ports); or and (b), respectively, of the second of the 2 AND CREDIT REPORTS.—Section 626 of the ‘‘(D) section 626 of the Fair Credit Report- sections designated as section 624 of such Act Right to Financial Privacy Act (15 U.S.C. ing Act (15 U.S.C. 1681u) (to obtain certain fi- (15 U.S.C. 1681u) (relating to disclosure to the 1681u), as amended by section 502(c) of this nancial information and consumer reports). Federal Bureau of Investigation for counter- Act, is further amended— ‘‘(3) UNITED STATES PERSON.—The term intelligence purposes), as added by section (1) by redesignating subsections (d) ‘United States person’ has the meaning given 601 of the Intelligence Authorization Act for through (i) (as redesignated by such section that term in section 101 of the Foreign Intel- Fiscal Year 1996 (Public Law 104–93; 109 Stat. 502(c)) as subsections (e) through (j), respec- ligence Surveillance Act of 1978 (50 U.S.C. 974), read on October 25, 2001; and tively; and 1801).’’; (4) section 802 of the National Security Act (2) by inserting after subsection (c) the fol- (4) by redesignating subsections (d), (e), of 1947 (50 U.S.C. 3162) is amended to read as lowing new subsection: and (f) as subsections (e), (f), and (g), respec- such provision read on October 25, 2001. RANSITION ROVISION ‘‘(d) JUDICIAL REVIEW.— tively; (b) T P .—Notwith- ‘‘(1) IN GENERAL.—A request under sub- (5) by inserting after subsection (c) the fol- standing subsection (a), the provisions of law section (a) or a non-disclosure requirement lowing new subsection: referred to in subsection (a), as in effect on imposed in connection with such request ‘‘(d) INTELLIGENCE ASSESSMENT.— May 31, 2015, shall continue to apply on and under subsection (c) shall be subject to judi- ‘‘(1) IN GENERAL.—For the period beginning after June 1, 2015, with respect to any par- cial review under section 3511 of title 18, on January 1, 2010, and ending on December ticular foreign intelligence investigation or United States Code. 31, 2013, the Inspector General of the Intel- with respect to any particular offense or po- ‘‘(2) NOTICE.—A request under subsection ligence Community shall— tential offense that began or occurred before (a) shall include notice of the availability of ‘‘(A) examine the use of national security June 1, 2015. judicial review described in paragraph (1).’’. letters by the intelligence community dur- SEC. 506. TECHNICAL AND CONFORMING AMEND- ing the period; MENTS. (d) INVESTIGATIONS OF PERSONS WITH AC- ‘‘(B) describe any noteworthy facts or cir- Section 3511 of title 18, United States Code, CESS TO CLASSIFIED INFORMATION.—Section cumstances relating to the use of national is amended in subsections (a), (c), and (d), by 802 of the National Security Act of 1947 (50 security letters by the intelligence commu- striking ‘‘or 627(a)’’ each place it appears. U.S.C. 3162) is amended— nity, including any improper or illegal use of (1) by redesignating subsections (c) TITLE VI—FISA AND NATIONAL SECURITY such authority; through (e) as subsections (d) through (f), re- LETTER TRANSPARENCY REFORMS ‘‘(C) assess the importance of information spectively; and SEC. 601. THIRD-PARTY REPORTING ON FISA OR- received under the national security letters (2) by inserting after subsection (b) the fol- DERS AND NATIONAL SECURITY LET- to the activities of the intelligence commu- lowing new subsection: TERS. nity; and (a) IN GENERAL.—Each electronic service ‘‘(c) JUDICIAL REVIEW.— ‘‘(D) examine the manner in which infor- ‘‘(1) IN GENERAL.—A request under sub- provider may report information to the pub- mation received under the national security lic in accordance with this section about de- section (a) or a non-disclosure requirement letters was collected, retained, analyzed, and imposed in connection with such request mands and requests for information made by disseminated. any Government entity under a surveillance under subsection (c) shall be subject to judi- ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— cial review under section 3511 of title 18, law, and is exempt in accordance with sub- Not later than December 31, 2014, the Inspec- section (d) from liability with respect to that United States Code. tor General of the Intelligence Community ‘‘(2) NOTICE.—A request under subsection report, even if such provider would otherwise shall submit to the Committee on the Judici- be prohibited by a surveillance law from re- (a) shall include notice of the availability of ary and the Select Committee on Intel- judicial review described in paragraph (1).’’. porting that information. ligence of the Senate and the Committee on (b) PERIODIC AGGREGATE REPORTS.—An SEC. 504. INSPECTOR GENERAL REPORTS ON NA- the Judiciary and the Permanent Select electronic service provider may report such TIONAL SECURITY LETTERS. Committee on Intelligence of the House of information not more often than quarterly Section 119 of the USA PATRIOT Improve- Representatives a report containing the re- and only to the following extent: ment and Reauthorization Act of 2005 (Public sults of the assessment for calendar years (1) ESTIMATE OF NUMBERS OF DEMANDS AND Law 109–177; 120 Stat. 219) is amended— 2010 through 2013.’’; REQUESTS MADE.—The report may reveal an (1) in subsection (b)— (6) in subsection (e), as redesignated by estimate of the number of the demands and (A) in paragraph (1), by inserting ‘‘and cal- paragraph (4)— requests described in subsection (a) made endar years 2010 through 2013’’ after ‘‘2006’’; (A) in paragraph (1)— during the period to which the report per- and (i) by striking ‘‘a report under subsection tains. (B) in paragraph (3)(C), by striking ‘‘(as (c)(1) or (c)(2)’’ and inserting ‘‘any report (2) ESTIMATE OF NUMBERS OF DEMANDS AND such term is defined in section 3(4) of the Na- under subsection (c) or (d)’’; and REQUESTS COMPLIED WITH.—The report may tional Security Act of 1947 (50 U.S.C. (ii) by striking ‘‘Inspector General of the reveal an estimate of the numbers of the de- 401a(4)))’’; Department of Justice’’ and inserting ‘‘In- mands and requests described in subsection (2) in subsection (c), by adding at the end spector General of the Department of Jus- (a) the electronic service provider complied the following new paragraph: tice, the Inspector General of the Intel- with during the period to which the report ‘‘(3) CALENDAR YEARS 2010 THROUGH 2013.— ligence Community, and any Inspector Gen- pertains, regardless of when the demands or Not later than December 31, 2014, the Inspec- eral of an element of the intelligence com- requests were made. tor General of the Department of Justice munity that prepares a report to assist the (3) ESTIMATE OF NUMBER OF USERS OR AC- shall submit to the Committee on the Judici- Inspector General of the Department of Jus- COUNTS.—The report may reveal an estimate ary and the Permanent Select Committee on tice or the Inspector General of the Intel- of the numbers of users or accounts, or both, Intelligence of the House of Representatives ligence Community in complying with the of the electronic service provider, for which and the Committee on the Judiciary and the requirements of this section’’; and information was demanded, requested, or Select Committee on Intelligence of the Sen- (B) in paragraph (2), by striking ‘‘the re- provided during the period to which the re- ate a report containing the results of the ports submitted under subsection (c)(1) or port pertains. audit conducted under subsection (a) for cal- (c)(2)’’ and inserting ‘‘any report submitted (c) SPECIAL RULES FOR REPORTS.— endar years 2010 through 2013.’’; under subsection (c) or (d)’’; and (1) LEVEL OF DETAIL BY AUTHORIZING SUR- (3) by striking subsection (g) and inserting (7) in subsection (f), as redesignated by VEILLANCE LAW.—Any estimate disclosed the following new subsection: paragraph (4)— under this section may be an overall esti- ‘‘(h) DEFINITIONS.—In this section: (A) by striking ‘‘The reports submitted mate or broken down by categories of au- ‘‘(1) INTELLIGENCE COMMUNITY.—The term under subsections (c)(1) or (c)(2)’’ and insert- thorizing surveillance laws or by provisions ‘intelligence community’ has the meaning ing ‘‘Each report submitted under subsection of authorizing surveillance laws. given that term in section 3 of the National (c)’’; and (2) LEVEL OF DETAIL BY NUMERICAL RANGE.— Security Act of 1947 (50 U.S.C. 3003). (B) by striking ‘‘subsection (d)(2)’’ and in- Each estimate disclosed under this section ‘‘(2) NATIONAL SECURITY LETTER.—The term serting ‘‘subsection (e)(2)’’. shall be rounded to the nearest 100. If an es- ‘national security letter’ means a request for SEC. 505. NATIONAL SECURITY LETTER SUNSET. timate is zero, an electronic service provider information under— (a) REPEAL.—Effective on June 1, 2015— may report the estimate as zero.

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(3) REPORT MAY BE BROKEN DOWN BY PERI- ‘‘(2) Not later than 7 days after a report is 1978, as redesignated by section 101(c) of this ODS NOT LESS THAN CALENDAR QUARTERS.—For submitted under subsection (a), the Attorney Act, is amended— any reporting period, an electronic service General shall make such report publicly (1) in subsection (a), by striking ‘‘Perma- provider may break down the report by cal- available.’’. nent Select Committee on Intelligence of the endar quarters or any other time periods (2) CONGRESSIONAL OVERSIGHT.—Section House of Representatives and the Select greater than a calendar quarter. 108(a)(1) of the Foreign Intelligence Surveil- Committee on Intelligence and the Com- (d) LIMITATION ON LIABILITY.—An elec- lance Act of 1978 (50 U.S.C. 1808) is amended mittee on the Judiciary of the Senate’’ and tronic service provider making a report that by striking ‘‘the House Permanent Select inserting after ‘‘Permanent Select Com- the electronic service provider reasonably Committee on Intelligence and the Senate mittee on Intelligence of the House of Rep- believes in good faith is authorized by this Select Committee on Intelligence, and the resentatives, the Select Committee on Intel- section is not criminally or civilly liable in Committee on the Judiciary of the Senate’’ ligence of the Senate, and the Committees any court for making the report. and inserting ‘‘the Permanent Select Com- on the Judiciary of the House of Representa- (e) RULE OF CONSTRUCTION.—Nothing in mittee on Intelligence and the Committee on tives and the Senate’’; this section shall be construed to prohibit the Judiciary of the House of Representa- (2) in subsection (b)— disclosures other than those authorized by tives and the Select Committee on Intel- (A) in the matter preceding paragraph (1), this section. ligence and the Committee on the Judiciary by striking ‘‘to the preceding calendar (f) DEFINITIONS.—In this section: of the Senate’’. year—’’ and inserting ‘‘to the preceding cal- (1) ELECTRONIC SERVICE PROVIDER.—The (b) PHYSICAL SEARCHES.—Section 306 of the endar year the following:’’; term ‘‘electronic service provider’’ means an Foreign Intelligence Surveillance Act of 1978 (B) in paragraph (1)— electronic communications service provider (50 U.S.C. 1826) is amended— (i) by striking ‘‘the total’’ and inserting (as that term is defined in section 2510 of (1) in the first sentence, by striking ‘‘Per- ‘‘The total’’; and title 18, United States Code) or a remote manent Select Committee on Intelligence of (ii) by striking the semicolon and inserting computing service provider (as that term is the House of Representatives and the Select a period; defined in section 2711 of title 18, United Committee on Intelligence of the Senate, (C) in paragraph (2)— States Code). and the Committee on the Judiciary of the (i) by striking ‘‘the total’’ and inserting ‘‘The total’’; and (2) SURVEILLANCE LAW.—The term ‘‘surveil- Senate’’ and inserting ‘‘Permanent Select lance law’’ means any provision of any of the Committee on Intelligence and the Com- (ii) by striking ‘‘; and’’ and inserting a pe- following: mittee on the Judiciary of the House of Rep- riod; (A) The Foreign Intelligence Surveillance resentatives and the Select Committee on (D) in paragraph (3)— (i) in the matter preceding subparagraph Act of 1978 (50 U.S.C. 1801 et seq.). Intelligence and the Committee on the Judi- (A), by striking ‘‘the number’’ and inserting (B) Section 802(a) of the National Security ciary of the Senate’’; and ‘‘The number’’; and Act of 1947 (50 U.S.C. 436(a)). (2) in the second sentence, by striking ‘‘and (ii) by adding at the end the following new (C) Section 2709 of title 18, United States the Committee on the Judiciary of the House subparagraphs: Code. of Representatives’’. ‘‘(F) Records concerning electronic com- (D) Section 1114 of the Right to Financial (c) PEN REGISTER AND TRAP AND TRACE DE- munications. Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). VICES.—Section 406 of the Foreign Intel- ‘‘(G) Records concerning wire communica- (E) Subsection (a) or (b) of section 626 of ligence Surveillance Act of 1978 (50 U.S.C. 1846) is amended— tions.’’; and the Fair Credit Reporting Act (15 U.S.C. (1) in subsection (b)— (E) by adding at the end the following new 1681u(a), 1681u(b)). (A) in paragraph (2), by striking ‘‘; and’’ paragraphs: (F) Section 627(a) of the Fair Credit Re- and inserting a semicolon; ‘‘(4) A description of all other tangible porting Act (15 U.S.C. 1681v(a)) (as in effect (B) in paragraph (3), by striking the period things sought by an application made for the on the day before the date of the enactment and inserting a semicolon; and production of any tangible things under sec- of this Act). (C) by adding at the end the following new tion 501, and the number of orders under such SEC. 602. GOVERNMENT REPORTING ON FISA OR- paragraphs: section 501 granted, modified, or denied, for DERS. ‘‘(4) each department or agency on behalf each tangible thing. (a) ELECTRONIC SURVEILLANCE.— of which the Government has made applica- ‘‘(5) A description of each order under sec- (1) REPORT OF ELECTRONIC SURVEILLANCE.— tion for orders approving the use of pen reg- tion 501 granted, modified, or denied for the Section 107 of the Foreign Intelligence Sur- isters or trap and trace devices under this production of tangible things on an ongoing veillance Act of 1978 (50 U.S.C. 1807) is title; basis. amended— ‘‘(5) for each department or agency de- ‘‘(6) Each department or agency on whose (A) by redesignating subsections (a) and (b) scribed in paragraph (4), a breakdown of the behalf the Director of the Federal Bureau of as paragraphs (1) and (2), respectively; numbers required by paragraphs (1), (2), and Investigation or a designee of the Director (B) in the matter preceding paragraph (1) (3); has made an application for an order requir- (as redesignated by subparagraph (A) of this ‘‘(6) a good faith estimate of the total num- ing the production of any tangible things paragraph)— ber of individuals who were targeted by the under section 501. (i) by striking ‘‘In April’’ and inserting installation and use of a pen register or trap ‘‘(7) For each department or agency de- ‘‘(a) In April’’; and and trace device authorized under an order scribed in paragraph (6), a breakdown of the (ii) by striking ‘‘Congress’’ and inserting entered under this title, rounded to the near- numbers and descriptions required by para- ‘‘the Permanent Select Committee on Intel- est 100; graphs (1), (2), (3), (4), and (5).’’; and ligence and the Committee on the Judiciary ‘‘(7) a good faith estimate of the total num- (3) in subsection (c)— of the House of Representatives and the Se- ber of United States persons who were tar- (A) in paragraph (1)— lect Committee on Intelligence and the Com- geted by the installation and use of a pen (i) in subparagraph (A), by striking ‘‘; and’’ mittee on the Judiciary of the Senate’’; register or trap and trace device authorized and inserting a semicolon; (C) in subsection (a) (as designated by sub- under an order entered under this title, (ii) in subparagraph (B), by striking the pe- paragraph (B) of this paragraph)— rounded to the nearest 100; and riod and inserting a semicolon; and (i) in paragraph (1) (as redesignated by sub- ‘‘(8) a good faith estimate of the total num- (iii) by adding at the end the following new paragraph (A) of this paragraph), by striking ber of United States persons who were tar- subparagraphs: ‘‘; and’’ and inserting a semicolon; geted by the installation and use of a pen ‘‘(C) a good faith estimate of the total (ii) in paragraph (2) (as so redesignated), by register or trap and trace device authorized number of individuals whose tangible things striking the period and inserting a semi- under an order entered under this title and were produced under an order entered under colon; and whose information acquired by such pen reg- section 501, rounded to the nearest 100; (iii) by adding at the end the following new ister or trap and trace device was subse- ‘‘(D) a good faith estimate of the total paragraphs: quently reviewed or accessed by a Federal of- number of United States persons whose tan- ‘‘(3) the total number of individuals who ficer, employee, or agent, rounded to the gible things were produced under an order were subject to electronic surveillance con- nearest 100.’’; and entered under section 501, rounded to the ducted under an order entered under this (2) by adding at the end the following new nearest 100; and title, rounded to the nearest 100; and subsection: ‘‘(E) a good faith estimate of the total ‘‘(4) the total number of United States per- ‘‘(c)(1) Each report required under sub- number of United States persons whose tan- sons who were subject to electronic surveil- section (b) shall be submitted in unclassified gible things were produced under an order lance conducted under an order entered form. entered under section 501 and subsequently under this title, rounded to the nearest 100.’’; ‘‘(2) Not later than 7 days after a report is reviewed or accessed by a Federal officer, and submitted under subsection (b), the Attorney employee, or agent, rounded to the nearest (D) by adding at the end the following new General shall make such report publicly 100.’’; and subsection: available.’’. (B) by adding at the end the following new ‘‘(b)(1) Each report required under sub- (d) ACCESS TO CERTAIN BUSINESS RECORDS paragraph: section (a) shall be submitted in unclassified AND OTHER TANGIBLE THINGS.—Section 503 of ‘‘(3) Not later than 7 days after the date on form. the Foreign Intelligence Surveillance Act of which a report is submitted under paragraph

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(e) ADDITIONAL PROCEDURES REGARDING mation; and If any provision of this Act or an amend- CERTAIN PERSONS OUTSIDE THE UNITED ‘‘(ii) the number of authorized requests ment made by this Act, or the application of STATES.—Section 707 of the Foreign Intel- under the provision— the provision to any person or circumstance, ligence Surveillance Act of 1978 (50 U.S.C. ‘‘(I) that relate to a United States person; is held to be unconstitutional, the remainder 1881f) is amended by adding at the end the ‘‘(II) that relate to a person that is not a of this Act and the amendments made by following new subsection: United States person; this Act, and the application of the provi- ‘‘(c) ADDITIONAL ANNUAL REPORT.— ‘‘(III) that relate to a person that is— sions of this Act and the amendments made ‘‘(1) REPORT REQUIRED.—In April of each year, the Attorney General shall submit to ‘‘(aa) the subject of an authorized national by this Act to any other person or cir- the Permanent Select Committee on Intel- security investigation; or cumstance, shall not be affected thereby. ligence and the Committee on the Judiciary ‘‘(bb) an individual who has been in con- of the House of Representatives and the Se- tact with or otherwise directly linked to the By Ms. MURKOWSKI (for herself, lect Committee on Intelligence and the Com- subject of an authorized national security in- Mr. WYDEN, Mr. UDALL of Colo- mittee on the Judiciary of the Senate a re- vestigation; and rado, Mr. HELLER, Mr. ENZI, port setting forth with respect to the pre- ‘‘(IV) that relate to a person that is not Mrs. HAGAN, Mr. THUNE, Mr. ceding year— known to be the subject of an authorized na- COONS, Mr. HOEVEN, Ms. LAN- ‘‘(A) the total number of— tional security investigation. DRIEU, Mr. COATS, Mr. BEGICH, ‘‘(i) directives issued under section 702; ‘‘(2) UNCLASSIFIED FORM.— Mr. RISCH, Ms. KLOBUCHAR, Mr. ‘‘(ii) orders granted under section 703; and ‘‘(A) IN GENERAL.—Not later than March 1, ‘‘(iii) orders granted under section 704; 2015, and every 180 days thereafter, the At- BLUNT, Mr. FRANKEN, and Mr. ‘‘(B) good faith estimates of the total num- torney General shall submit to the Select CRAPO): ber of individuals, rounded to the nearest Committee on Intelligence, the Committee S. 1600. A bill to facilitate the rees- 100, whose electronic or wire communica- on the Judiciary, and the Committee on tablishment of domestic, critical min- tions or communications records were col- Banking, Housing, and Urban Affairs of the eral designation, assessment, produc- lected pursuant to— Senate and the Permanent Select Committee tion, manufacturing, recycling, anal- ‘‘(i) a directive issued under section 702; on Intelligence, the Committee on the Judi- ysis, forecasting, workforce, education, ‘‘(ii) an order granted under section 703; ciary, and the Committee on Financial Serv- research, and international capabilities and ices of the House of Representatives a report in the United States, and for other pur- ‘‘(iii) an order granted under section 704; fully informing the committees concerning poses; to the Committee on Energy and ‘‘(C) good faith estimates of the total num- the aggregate total of all requests identified ber, rounded to the nearest 100, of United Natural Resources. under paragraph (1) during the applicable pe- Mr. WYDEN. Mr. President, our na- States persons whose electronic or wire com- riod. Each report under this paragraph shall munications or communications records be in unclassified form. tional security depends upon minerals were collected pursuant to— ‘‘(B) CONTENTS.—Each report under sub- that enable nearly all of the defense ‘‘(i) a directive issued under section 702; paragraph (A) shall include the aggregate and weapons systems used by the U.S. ‘‘(ii) an order granted under section 703; total of requests— Armed Forces. These minerals are also and ‘‘(i) that relate to a United States person; critical to the clean energy, elec- ‘‘(iii) an order granted under section 704; ‘‘(ii) that relate to a person that is not a tronics, and medical industries. Yet, and United States person; ‘‘(D) a good faith estimate of the total for how critical these minerals are, the ‘‘(iii) that relate to a person that is— number of United States persons whose elec- vast majority of our domestic supply is ‘‘(I) the subject of an authorized national tronic or wire communications or commu- imported from China in order to reduce security investigation; or nications records were collected pursuant to cost. In fact, China supplies 90 to 95 ‘‘(II) an individual who has been in contact a directive issued under section 702 and sub- with or otherwise directly linked to the sub- percent of our rare earth oxides, a spe- sequently reviewed or accessed by a Federal ject of an authorized national security inves- cial class of critical minerals. We have officer, employee, or agent, rounded to the tigation; and seen how dangerous this dependence nearest 100. ‘‘(iv) that relate to a person that is not can be—in 2009, China choked off the ‘‘(2) FORM.—Each report required under paragraph (1) shall be submitted in unclassi- known to be the subject of an authorized na- supply of these materials to the rest of fied form. tional security investigation. the world, restricting exports by 72 per- ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(3) PUBLIC AVAILABILITY.—Not later than 7 cent and causing the prices of rare days after the date on which a report is sub- ‘‘(A) APPLICABLE PERIOD.—The term ‘appli- earth elements to skyrocket here in mitted under paragraph (1), the Attorney cable period’ means— the U.S. ‘‘(i) with respect to the first report sub- General shall make such report publicly I am pleased to join Senators MUR- available.’’. mitted under paragraph (1) or (2), the period beginning 180 days after the date of enact- KOWSKI, UDALL, and HELLER as the SEC. 603. GOVERNMENT REPORTING ON NA- leading sponsors of bipartisan legisla- TIONAL SECURITY LETTERS. ment of the USA FREEDOM Act and ending Section 118(c) of the USA PATRIOT Im- on December 31, 2014; and tion to prevent future supply shocks of provement and Reauthorization Act of 2005 ‘‘(ii) with respect to the second report sub- these critical minerals that are the key (18 U.S.C. 3511 note) is amended to read as mitted under paragraph (1) or (2), and each to our defense, energy, electronics, and follows: report thereafter, the 6-month period ending medical industries by expanding U.S. ‘‘(c) REPORT ON REQUESTS FOR NATIONAL on the last day of the second month before production and supply of these impor- SECURITY LETTERS.— the date for submission of the report. tant substances. This legislation—the ‘‘(1) CLASSIFIED FORM.— ‘‘(B) UNITED STATES PERSON.—The term Critical Minerals Policy Act of 2013— ‘‘(A) IN GENERAL.—Not later than March 1, ‘United States person’ has the meaning given 2015, and every 180 days thereafter, the At- that term in section 101 of the Foreign Intel- builds on two bills that were intro- torney General shall submit to the Select ligence Surveillance Act of 1978 (50 U.S.C. duced in the 112th Congress and which Committee on Intelligence, the Committee 1801).’’. were referred to the Committee on En- on the Judiciary, and the Committee on ergy and Natural Resources. S. 383, the Banking, Housing, and Urban Affairs of the TITLE VII—PRIVACY AND CIVIL LIB- Critical Minerals and Materials Pro- ERTIES OVERSIGHT BOARD SUBPOENA Senate and the Permanent Select Committee motion Act of 2011, which I cospon- on Intelligence, the Committee on the Judi- AUTHORITY sored, was introduced by Senator MARK ciary, and the Committee on Financial Serv- SEC. 701. PRIVACY AND CIVIL LIBERTIES OVER- ices of the House of Representatives a report UDALL. S. 1113, the Critical Minerals SIGHT BOARD SUBPOENA AUTHOR- Policy Act, was introduced by Senator fully informing the committees concerning ITY. the requests made under section 2709(a) of MURKOWSKI. The Energy and Natural title 18, United States Code, section 1114 of Section 1061(g) of the Intelligence Reform Resources Committee held a hearing on the Right to Financial Privacy Act of 1978 and Terrorism Prevention Act of 2004 (42 these bills in June 2011, and this new (12 U.S.C. 3414(a)(5)(A)), section 626 of the U.S.C. 2000ee(g)) is amended— bill is a product of those efforts. We are Fair Credit Reporting Act (15 U.S.C. 1681u), (1) in paragraph (1)(D), by striking ‘‘submit being joined by 13 of our Senate col- a written request to the Attorney General of or section 802 of the National Security Act of leagues as original bipartisan cospon- 1947 (50 U.S.C. 3162) during the applicable pe- the United States that the Attorney Gen- riod. eral’’; sors: Senators RISCH, HAGAN, THUNE, ‘‘(B) CONTENTS.—Each report under sub- (2) by striking paragraph (2); and BEGICH, ENZI, COONS, HOEVEN, LAN- paragraph (A) shall include, for each provi- (3) by redesignating paragraphs (3) and (4) DRIEU, COATS, KLOBUCHAR, BLUNT, sion of law described in subparagraph (A)— as paragraphs (2) and (3). FRANKEN, and CRAPO.

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7632 CONGRESSIONAL RECORD — SENATE October 29, 2013 Critical minerals are pervasive in our as well as efforts to work with our Sopuruchi ‘‘Victor’’ Chukwueke, be- everyday life. Let me give you a few international trading partners on ex- came the first person in two years to examples. They are the key to stronger panding worldwide supplies of these win a private relief bill so he could permanent magnets, which allow for materials. stay in the United States on an expired smaller electric motors and other elec- I commend Senator MURKOWSKI for visa and gain a path to permanent resi- tronic devices, as well as for more effi- her leadership on this issue. This legis- dency so he could enter medical school cient clean wind energy and MRI ma- lation is important for our national se- in Ohio. Mr. Faber’s case is even more chines. They are essential for recharge- curity. It is important for our high- worthy of approval because this bill able batteries in hybrid and electric ve- tech manufacturing industries. It is simply remedies a mistake clearly hicles and the high-efficiency motors important for U.S. competitiveness. I caused by a Federal agency. that power them. They are vital to ask all Senators to support this bipar- This issue stems from the fact that phosphors, which give us more efficient tisan legislation. during the original enrollment process lighting and flat panel displays. They following passage of the Alaska Native serve as catalysts for fuel cells and for By Ms. MURKOWSKI: Claims Settlement Act, Michael Faber refining automobile fuel. Our Armed S. 1605. A bill for the relief of Michael enrolled in the Sealaska Corporation, Forces also rely on critical minerals G. Faber; to the Committee on Energy the tenth of the thirteen corporations every time they use night-vision gog- and Natural Resources. created by the Act, along with his fa- gles, heads-up displays, satellite im- Ms. MURKOWSKI. Mr. President, I ther, Clyde Benjamin Faber, his broth- ages, radar systems, high-energy laser rise today to introduce unique legisla- er Gary Dennis Faber and his sister weapons, precision-guided missiles, and tion to remedy a clear mistake by the Debra Marlene Faber. Michael Faber’s fighter jets. By one estimate, the De- Federal Government that affects only a enrollment was approved by the Bu- fense Department alone constitutes 5 single person, an Army veteran, for- reau of Indian Affairs, and he received percent of total U.S. demand for rare merly from Alaska, now living in Sealaska share number 13–752–39665–01, earth elements. In short, critical min- Idaho, who for the past nearly 40 years and an initial 100 shares of stock in the erals are so indispensable that we can’t has been trying to get the Federal Gov- Sealaska Corporation. The family lived imagine life without them. They are ernment to remedy an inequity that in Metlakatla, Alaska prior to passage called critical minerals because they has affected him, but also has impacts of the claims act, and by the time of are indeed critical to the development on his family. implementation of the act had moved of so many high-tech weapons systems While Congress is struggling to find to Juneau, AK. and commercial products. solutions for the economic and health In the mid-1960s Mr. Faber joined the Although China currently enjoys care problems of all 311 million Ameri- U.S. Army and was stationed in Ger- near-monopoly in the global produc- cans and a means to fund the Federal many. At some point in 1976, while Mr. tion of critical minerals, the truth is Government, I hope we also can find Faber was on duty with the Army, and that it doesn’t have to be this way. the time to right a wrong for a single consequently had an out-of-Alaska China only holds 50 percent of the man and his family. mailing address, someone in BIW ap- world’s natural reserves, while the U.S. The issue briefly is that Michael parently moved to shift his enrollment holds about 13 percent of the world’s Faber, a Tsimshian Indian whose fam- from the Sealaska Corp. to the then reserves, according a recent study by ily has long roots in Southeast Alaska, newly created 13th Corporation. That the U.S. Geological Survey. In fact, a initially had been granted membership/ corporation was intended to serve the large part of the critical minerals sup- stock in 1973 in the Sealaska Native needs of Alaska Natives living outside ply shock in 2009 was due to uncer- Regional Corp., the corporation made of Alaska. tainty about the global distribution of up of Southeast Alaska Natives formed Under the law, Mr. Faber was sent a critical minerals. When China began to as a result of the aboriginal land ballot that he was required to sign to restrict supply, the rest of the world claims settlement between the Federal accept the shift in enrollment. How- was in the dark about what alternative Government and Alaska Natives ac- ever, he never received the ballot; it sources of supply were even available. complished through passage of the was returned to BIA—unopened and un- Clearly, there is significant work to be Alaska Native Claims Settlement Act, signed. Mr. Faber had been badly in- done in this field. ANCSA, of 1971. Because of a clerical jured during his military service and, The bill being introduced today out- error by the Bureau of Indian Affairs in in early 1976, was in and out of reha- lines a series of measures to expand the early 1970s Mr. Faber was shifted bilitation hospitals and clinics at dif- U.S. supplies of critical minerals start- without cause or his permission to the ferent locations. By late 1976, Mr. ing with the identification of which out-of-state 13th Regional Corporation Faber spent 19 months in a military minerals and elements are truly in in late 1976. For decades Mr. Faber has hospital in Texas recovering from se- need of special attention. The bill then been trying to win reinstatement to vere burns. Unfortunately, someone at requires the Interior Department to the Sealaska Corp., a request the cor- BIA went ahead, and without Mr. conduct assessments of where these poration has endorsed, but that the Faber’s legal approval, administra- minerals are located within the U.S. Federal Government, and now seem- tively completed the enrollment shift. and expands research to find more effi- ingly the Federal courts, have decided Mr. Faber eventually was placed on the cient ways of extracting and processing can’t happen without Congress ex- military’s Temporary Disability Re- those minerals. The bill also includes pressly authorizing his reenrollment. tirement List, TDRL, and then was in- research programs to extract critical The legislation I offer today, which volved in years of post-service coun- minerals from unconventional sources, to my knowledge is supported by ev- seling. It wasn’t until after his recov- such as coal or geothermal energy eryone possibly connected to this case, ery that he fully realized he had been wells, as well as recycling these impor- will do nothing but right an error by shifted from Sealaska to the 13th Cor- tant substances from obsolete devices. our government that never should have poration, and it was then that he began The bill also requires the two lead happened. It is a bill that affects a sole his effort to be reenrolled in the agencies which manage our public individual, which I know is something Sealaska Corp. lands and forests—the Department of that has become unpopular on Capitol The record indicates that during the the Interior and the Department of Ag- Hill in recent years. But Congress early 1990s BIA acknowledged it made an riculture—to reexamine the permitting in history provided an avenue for pas- error in shifting Mr. Faber’s enroll- processes for hard rock minerals under sage of legislation to provide relief for ment without his written approval. Un- current law to see if there are ways of individuals who are the victims of an fortunately, by then BIA believed it did reducing delays for mining projects injustice. In fact, it was once relatively not have the legal authority to reenroll that would extract critical minerals. common for Congress to pass such leg- Mr. Faber in the Sealaska Corporation This legislation also includes programs islation. There were hundreds of such shareholder rolls. Over the years, Mr. to enable our next generation of sci- bills approved between 1817 and 1971. Faber won a resolution of support by entists studying critical minerals and Admittedly just one was approved last the Sealaska Corporation’s Board of to prepare them for jobs in these fields year, when Nigerian student, Directors. The resolution welcomed his

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7633 reinstatement to that corporation. He SECTION 1. SHORT TITLE. (1) A description of the outreach activities filed in U.S. District Court in Idaho a This Act may be cited as the ‘‘Native of the SelectUSA Initiative and the amounts request for a writ ordering BIA to Small Business Conformity Act of 2013’’. used by the SelectUSA Initiative for such ac- change his enrollment back to mem- SEC. 2. SMALL BUSINESS CONFORMITY. tivities. (2) The number of foreign firms that relo- bership in Sealaska. In late 2012, how- (a) HUBZONE ELIGIBILITY.— (1) IN GENERAL.—Section 3(p)(3) of the cated to the United States as a result of the ever, a Federal judge in Idaho encour- Small Business Act (15 U.S.C. 632(p)(3)) is activities of the SelectUSA Initiative. aged all parties to dismiss the suit amended— (3) A description of the progress made by without prejudice. Accordingly, there (A) by redesignating subparagraphs (D) and the United States in increasing its share of is no avenue for this injustice to be (E) as subparagraphs (E) and (F), respec- foreign direct investment from the Asia and rectified without congressional author- tively; and Pacific regions. ization of Mr. Faber’s reenrollment in (B) by inserting after subparagraph (C) the (4) Any findings that are made by the the Sealaska Corp. following: SelectUSA Initiative in conducting its ac- This case has been complicated by ‘‘(D) a small business concern that is tivities and are relevant to promoting the the fact that Mr. Faber moved back to owned and controlled by an organization de- United States as a destination for the location of foreign direct investment. the community of Metlakatla, Alaska scribed in section 8(a)(15);’’. (2) TECHNICAL AND CONFORMING AMEND- in the mid–1990s to work as the Execu- f MENT.—Section 3(p)(5)(A)(i)(I)(aa) of the tive Director of the Metlakatla Hous- Small Business Act (15 U.S.C. SUBMITTED RESOLUTIONS ing Authority. The complication is 632(p)(5)(A)(i)(I)(aa)) is amended by striking that residents of Metlakatla, the main ‘‘subparagraph (A), (B), (C), (D), or (E) of community on the Annette Island In- paragraph (3)’’ and inserting ‘‘subparagraph SENATE RESOLUTION 276—DESIG- dian Reservation, were allowed by (A), (B), (C), (D), (E) or (F) of paragraph (3)’’. NATING OCTOBER 2013 AS ‘‘NA- ANCSA to maintain their reservation (b) 8(a) PROGRAM.— TIONAL WORK AND FAMILY status—the only reservation in the (1) IN GENERAL.—Section 8(a)(6) of the MONTH’’ state to be reauthorized by the claims Small Business Act (15 U.S.C. 637(a)(6)) is amended by adding at the end the following: Mr. MERKLEY (for himself, Mr. settlement act. But in return, members ‘‘(F) If an organization described in para- CRAPO, Mr. DURBIN, Mrs. MURRAY, Mr. of the Metlakatla Indian Community graph (15) establishes that it is economically SCHATZ, Mr. BROWN, Mr. UDALL of New were required to denounce other disadvantaged under this paragraph in con- Mexico, Mr. HEINRICH, Mr. BEGICH, Ms. ANCSA benefits. This legislation, to nection with an application for 1 small busi- WARREN, and Mr. CARDIN) submitted prevent any precedents and to clarify ness concern owned or controlled by the organization, the organization shall not be re- the following resolution; which was the factual record, not only requires considered and agreed to: Mr. Faber to surrender or abrogate any quired to reestablish that it is economically possible membership in the Metlakatla disadvantaged in order to have other busi- S. RES. 276 nesses that it owns or controls certified for Whereas, according to a report by Indian Community before his enroll- participation in the program under this sub- ment in the Sealaska Corp. can take ef- WorldatWork, a nonprofit professional asso- section, unless specifically requested to do ciation with expertise in attracting, moti- fect, but also in no way alters the Sec- so by the Administration.’’. vating, and retaining employees, the quality tion 19(a) provisions of ANCSA involv- (2) APPLICABILITY.—The amendment made of a job and the supportiveness of a working Metlakatla reservation status. by this subsection shall take effect on the place are key predictors of the job produc- Mr. Faber has been waiting for near- date of enactment of this Act and apply to tivity, job satisfaction, and commitment to ly 40 years for someone to champion determinations of economic disadvantage the employer of workers, as well as of the his quest to be restored to the Sealaska made before, on, or after the date of enact- ability of an employer to retain workers; Corp., a legacy he wants largely for the ment of this Act. Whereas the term ‘‘work-life balance’’ re- benefit of his children. This legislation fers to specific organizational practices, poli- By Mr. SCHATZ: cies, and programs that are guided by a phi- will allow Mr. Faber retroactive bene- S. 1608. A bill to authorize appropria- fits only to 2011. In that year, losophy of active support for the efforts of tions for the SelectUSA Initiative, and employees to achieve success within and out- Sealaska’s board voted to welcome Mr. for other purposes; to the Committee side the workplace, such as caring for de- Faber back to its membership. It also on Commerce, Science, and Transpor- pendents, promoting health and wellness, voted to support the legislation. The tation. providing paid and unpaid time off, providing bill sets no precedents for other Na- Mr. SCHATZ. Mr. President, I ask financial support, encouraging community involvement, and improving workplace cul- tives to seek changes in their ANCSA unanimous consent that the text of the enrollments because of the unique and ture; bill be printed in the RECORD. Whereas numerous studies show that em- singular nature of the clerical error There being no objection, the text of that was responsible for this change in ployers that offer effective work-life balance the bill was ordered to be printed in programs are better able to recruit more tal- enrollment status in the first place. the RECORD, as follows: ented employees, maintain a happier, This bill will simply treat Mr. Faber S. 1608 healthier, and less stressed workforce, and and his descendants humanely and for- retain experienced employees, which pro- Be it enacted by the Senate and House of Rep- mally recognize their legal and cul- duces a more productive and stable work- resentatives of the United States of America in force with less voluntary turnover; tural status as Alaska Natives. Congress assembled, I hope that Congress will see fit to Whereas job flexibility often allows par- SECTION 1. SHORT TITLE. ents to be more involved in the lives of their pass this bill promptly—truly the right This Act may be cited as the ‘‘SelectUSA and just result. children, and research demonstrates that pa- Authorization Act of 2013’’. rental involvement is associated with higher By Mr. SCHATZ (for himself and SEC. 2. SELECTUSA INITIATIVE DEFINED. achievement in language and mathematics, In this Act, the term ‘‘SelectUSA Initia- improved behavior, greater academic persist- Ms. HIRONO): tive’’ means the SelectUSA Initiative estab- S. 1607. A bill to provide conformity ence, and lower dropout rates in children; lished by Executive Order 13577 of June 15, Whereas military families have special in Native small business opportunities 2011. work-life needs that often require robust and promote job creation, manufac- SEC. 3. AUTHORIZATION OF APPROPRIATIONS policies and programs that provide flexi- turing, and American economic recov- FOR THE SELECTUSA INITIATIVE. bility to employees in unique circumstances; ery; to the Committee on Small Busi- There is authorized to be appropriated for Whereas studies show that family rituals ness and Entrepreneurship. the SelectUSA Initiative $17,000,000 for each such as sitting down to dinner together and Mr. SCHATZ. Mr. President, I ask of fiscal years 2014 through 2018. sharing activities on weekends and holidays unanimous consent that the text of the SEC. 4. REPORTS AND NOTIFICATIONS TO CON- positively influence the health and develop- GRESS. ment of children, and that children who eat bill be printed in the RECORD. There being no objection, the text of (a) IN GENERAL.—Not later than December dinner with their families every day con- 31 of 2014, 2015, 2016, 2017, and 2018, the Sec- sume nearly a full serving more of fruits and the bill was ordered to be printed in retary of Commerce shall submit to Congress vegetables per day than those who never eat the RECORD, as follows: a report on the activities of the SelectUSA dinner with their families or do so only occa- S. 1607 Initiative during the preceding fiscal year. sionally; and Be it enacted by the Senate and House of Rep- (b) CONTENTS.—Each report submitted Whereas the month of October is an appro- resentatives of the United States of America in under subsection (a) shall include, for the pe- priate month to designate as National Work Congress assembled, riod covered by the report, the following: and Family Month: Now, therefore, be it

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7634 CONGRESSIONAL RECORD — SENATE October 29, 2013 Resolved, That the Senate— Housing Finance System for Con- The PRESIDING OFFICER. Without (1) designates October 2013 as ‘‘National sumers.’’ objection, it is so ordered. Work and Family Month’’; The PRESIDING OFFICER. Without The nominations considered and con- (2) recognizes the importance of work objection, it is so ordered. firmed are as follows: schedules that allow employees to spend time with their families to job productivity SELECT COMMITTEE ON INTELLIGENCE FEDERAL COMMUNICATIONS COMMISSION and healthy families; Mr. MENENDEZ. Mr. President, I ask Thomas Edgar Wheeler, of the District of (3) urges public officials, employers, em- unanimous consent that the Select Columbia, to be a Member of the Federal ployees, and the general public to work to- Committee on Intelligence be author- Communications Commission. gether to achieve more balance between ized to meet during the session of the Michael P. O’Rielly, of New York, to be a work and family; and Senate on October 29, 2013, at 2:30 p.m. Member of the Federal Communications (4) calls upon the people of the United Commission. States to observe National Work and Family The PRESIDING OFFICER. Without Month with appropriate ceremonies and ac- objection, it is so ordered. f tivities. SUBCOMMITTEE ON COMMUNICATION, f TECHNOLOGY, AND THE INTERNET LEGISLATIVE SESSION Mr. MENENDEZ. Mr. President, I ask The PRESIDING OFFICER. Under NOTICES OF HEARINGS unanimous consent that the Sub- the previous order, the Senate will re- COMMITTEE ON HEALTH, EDUCATION, LABOR, committee on Communications, Tech- sume legislative session. AND PENSIONS nology, and the Internet of the Com- Mr. HARKIN. Mr. President, I wish to mittee on Commerce, Science, and f announce that the Committee on Transportation be authorized to meet Health, Education, Labor, and Pen- during the session of the Senate on Oc- NATIONAL BISON DAY sions will meet in executive session on tober 29, 2013, at 2:30 p.m. in room 253 of Mr. REID. I ask unanimous consent Wednesday, October 30, 2013, at 9:15 the Russell Senate Office Building. that the Judiciary Committee be dis- a.m. in room 430 of the Dirksen Senate The Committee will hold a hearing charged from further consideration and Office Building to mark-up S.ll, Chil- entitled, ‘‘Broadband Adoption: The the Senate now proceed to S. Res. 254. dren’s Hospital GME Support Reau- Next Mile.’’ The PRESIDING OFFICER. Without thorization Act of 2013; S. ll, CHIMP The PRESIDING OFFICER. Without objection, it is so ordered. Act Amendments of 2013; H.R. 2094, objection, it is so ordered. The clerk will report the resolution School Access to Emergency Epineph- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL by title. rine Act; S. ll, Older Americans Act RIGHTS, AND HUMAN RIGHTS The legislative clerk read as follows: Reauthorization Act of 2013; S. 1302, Co- Mr. MENENDEZ. Mr. President, I ask A resolution (S. Res. 254) designating No- operative and Small Employer Charity unanimous consent that the Com- vember 2, 2013, as ‘‘National Bison Day.’’ Pension Flexibility Act, H.R. 2747, mittee on the Judiciary, Sub- There being no objection, the Senate Streamlining Claims Processing for committee on the Constitution, Civil proceeded to consider the resolution. Federal Contractor Employees Act, the Rights, and Human Rights, be author- Mr. REID. I ask unanimous consent nominations of Michael Keith Yudin, ized to meet during the session of the that the resolution be agreed to, the to serve as Assistant Secretary for Spe- Senate on October 29, 2013, at 10 a.m., preamble be agreed to, and the motions cial Education and Rehabilitative in room SH–216 of the Hart Senate Of- to reconsider be laid upon the table. Services, Department of Education; fice Building, to conduct a hearing en- The PRESIDING OFFICER. Without James Cole, Jr., to serve as General titled ‘‘ ‘Stand Your Ground’ Laws: objection, it is so ordered. Counsel, Department of Education; and Civil Rights and Public Safety Implica- The resolution (S. Res. 254) was Chai Feldblum, to serve as Commis- tions of the Expanded Use of Deadly agreed to. sioner, Equal Employment Opportunity Force.’’ The preamble was agreed to. Commission; as well as any additional The PRESIDING OFFICER. Without (The resolution, with its preamble, is nominations cleared for action. objection, it is so ordered. printed in the RECORD of September 24, For further information regarding f 2013, under ‘‘Submitted Resolutions.’’) this meeting, please contact the Com- mittee at (202) 224–5375. PRIVILEGES OF THE FLOOR f COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. WHITEHOUSE. Mr. President, I NATIONAL WORK AND FAMILY AND PENSIONS ask unanimous consent that Aaron Mr. HARKIN. Mr. President, I wish to Goldner and Danielle Schreiber, two MONTH announce that the Committee on fellows in my office, be granted floor Mr. REID. I ask unanimous consent Health, Education, Labor, and Pen- privileges for the remainder of this the Senate proceed to the consider- sions will meet in open session on Congress. ation of S. Res. 276, which was sub- Thursday, October 31, 2013, at 10 a.m. in The PRESIDING OFFICER. Without mitted earlier today. room 430 of the Dirksen Senate Office objection, it is so ordered. The PRESIDING OFFICER. The clerk will report the resolution by Building to conduct a hearing entitled f ‘‘Attaining a Quality Degree: Innova- title. tions to Improve Student Success’’ EXECUTIVE SESSION The legislative clerk read as follows: For further information regarding A resolution, (S. Res. 276) designating Oc- this meeting, please contact Aissa tober 2013 as ‘‘National Work and Family Canchola of the committee staff on EXECUTIVE CALENDAR Month.’’ (202) 224–2009. Mr. REID. I ask unanimous consent There being no objection, the Senate f that the Senate proceed to executive proceeded to consider the resolution. session to consider the following nomi- Mr. REID. I ask unanimous consent AUTHORITY FOR COMMITTEES TO nations: Calendar Nos. 242 and 377; that the resolution be agreed to, the pre- MEET the nominations be confirmed en bloc; amble be agreed to, and the motions to COMMITTEE ON BANKING, HOUSING, AND URBAN that the motions to reconsider be con- reconsider be laid upon the table, with AFFAIRS sidered made and laid upon the table, no intervening action or debate. Mr. MENENDEZ. Mr. President, I ask with no intervening action or debate; The PRESIDING OFFICER. Without unanimous consent that the Com- that no further motions be in order to objection, it is so ordered. mittee on Banking, Housing, and any of the nominations; that any re- The resolution (S. Res. 276) was Urban Affairs be authorized to meet lated statements be printed in the agreed to. during the session of the Senate on Oc- RECORD; that the President be imme- The preamble was agreed to. tober 29, 2013, at 10 a.m., to conduct a diately notified of the Senate’s action (The resolution, with its preamble, is hearing entitled ‘‘Housing Finance Re- and the Senate then resume legislative printed in today’s RECORD under ‘‘Sub- form: Essentials of a Functioning session. mitted Resolutions.’’)

VerDate Mar 15 2010 04:04 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S29OC3.REC S29OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2013 CONGRESSIONAL RECORD — SENATE S7635 ORDERS FOR WEDNESDAY, PROGRAM CONFIRMATIONS OCTOBER 30, 2013 Mr. REID. The first rollcall vote will Executive nominations confirmed by Mr. REID. Madam President, I ask be at 10:30 a.m. tomorrow morning on the Senate October 29, 2013: unanimous consent that when the Sen- the motion to invoke cloture on the ate completes its business today, it ad- nomination of Alan Estevez to be a FEDERAL COMMUNICATIONS COMMISSION journ until 9:30 a.m., Wednesday, Octo- Principal Deputy Under Secretary of THOMAS EDGAR WHEELER, OF THE DISTRICT OF CO- ber 30, 2013, and that following the Defense. LUMBIA, TO BE A MEMBER OF THE FEDERAL COMMU- prayer and pledge, the morning hour be NICATIONS COMMISSION FOR A TERM OF FIVE YEARS FROM JULY 1, 2013. deemed expired, the Journal of pro- f NATIONAL LABOR RELATIONS BOARD ceedings be approved to date, and the ADJOURNMENT UNTIL 9:30 A.M. time for the two leaders be reserved for TOMORROW RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- their use later in the day; that fol- BIA, TO BE GENERAL COUNSEL OF THE NATIONAL LABOR lowing any leader remarks, the Senate Mr. REID. If there is no further busi- RELATIONS BOARD FOR A TERM OF FOUR YEARS. proceed to executive session to con- ness to come before the Senate, I ask FEDERAL COMMUNICATIONS COMMISSION unanimous consent that it stand ad- sider the Estevez nomination, with the MICHAEL P. O’RIELLY, OF NEW YORK, TO BE A MEMBER time until 10:30 a.m. equally divided journed under the previous order. OF THE FEDERAL COMMUNICATIONS COMMISSION FOR and controlled in the usual form. There being no objection, the Senate, THE REMAINDER OF THE TERM EXPIRING JUNE 30, 2014. The PRESIDING OFFICER. Without at 6:30 p.m., adjourned until Wednes- objection, it is so ordered. day, October 30, 2013, at 9:30 a.m.

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RECOGNIZING JEREMY HISSONG’S throughout California’s flood prone Central HONORING THE CAREER OF EFFORTS TO SUPPORT HOME- Valley, while other construction projects will JUSTICE THOMAS KILBRIDE LESS STUDENTS help to rebuild our crumbling water infrastructure and create jobs. The improvements to re- HON. CHERI BUSTOS HON. ADAM KINZINGER vitalize our ports and waterways will bolster OF ILLINOIS business development and ensure that prod- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ucts grown and manufactured in the United States will continue to be exported around the Tuesday, October 29, 2013 Tuesday, October 29, 2013 world. Mrs. BUSTOS. Mr. Speaker, I rise today to Mr. KINZINGER of Illinois. Mr. Speaker, I I commend Committee leadership for finding honor Justice Thomas Kilbride, who just com- rise today to recognize an inspiring effort to a way to authorize much needed projects with- pleted his term as Chief Justice of the Illinois support homeless students in Rockford, Illi- out violating the earmark ban. The Natomas Supreme Court on October 25th. Justice nois. Under the leadership of Jeremy Hissong, Levee Improvement Project will be authorized Kilbride received his law degree from Antioch friends and neighbors of the Rockford School when this bill becomes law, resulting in in- School in Washington, DC, and practiced law District banded together to collect clothes and creased flood protection for thousands of resi- for 20 years in the 17th District of Illinois be- school supplies to benefit the District’s home- dents in the Sacramento area. However, there fore being elected to the Illinois Supreme less student program. is more we could do. There are approximately Court in 2000. He graciously conducted a cer- After learning of the over 1,200 homeless 15 projects that have Chief’s Reports in the emonial swearing in for me in Rock Island children in the Rockford Public School District, pipeline. They aren’t yet completed, but should after I took office in the U.S. House of Rep- Mr. Hissong utilized social media and the be in the next several months. I urge an ex- resentatives in January. internet to organize ‘‘Kids Need Us’’ to gather pansion of the authorization to include those Justice Kilbride made a great impact on support for a supply drive. His employer, projects that will have completed Chief’s Re- public access to the law during his term as Mondelez International, provided space in its ports by the end of the Fiscal Year so that im- Chief Justice. He promoted the increased use parking lot for volunteers to collect needed portant projects like the one in the Sutter of technology in the court, spearheading ef- supplies from the community such as socks, Basin can begin work without wondering when forts to put cameras in Illinois courtrooms and pants, coats, hats, pens, and paper to be do- we might get around to passing another allowing electronic filing of many documents nated to the homeless student program. WRDA bill. for the Supreme Court. I applaud Mr. Hissong, and the community, Much needed language was included to in- Additionally, Justice Kilbride formed the Illi- for their success in bringing people together, struct the Corps to revise its regulations re- nois Supreme Court Access to Justice Com- gathering needed items, and educating the garding levee vegetation. Each part of the mission, as he explained, in order to ‘‘make public about the awful reality of youth home- country is different and it is vital that the Corps access to justice a high priority for everyone in lessness in our communities. This story of ac- have the flexibility to make determinations the legal system.’’ Among other accomplish- tion is an important reminder of the victims of based on the individual community and what ments, the Commission has broadened the a slow economy and the importance of taking is needed to provide the most protection. As use of standardized legal forms in plain action in order to help those most in need. the bill moves forward in the process, I urge English to make it easier for people to navi- Mr. Speaker, on behalf of the 16th District of my colleagues to be open to discussing gate the law without needing to hire an attor- Illinois, I wish to express our deep apprecia- changes to the crediting provisions. Crediting ney. tion for Jeremy Hissong’s work and the rest of is critical to ensure timely investments in pub- Mr. Speaker, I want to thank Justice Kilbride the community for their support of this impor- lic infrastructure and encourage local commu- for his friendship, his commendable work as tant cause. nities to start sooner than later to respond to Chief Justice and his dedication to making the f flood threats. One slight change I would like to law accessible to everyone in Illinois. WATER RESOURCES REFORM AND see would be to move the milestone earlier as f DEVELOPMENT ACT OF 2013 to when a non-federal sponsor of a project could begin receiving credit. This does not ob- TRIBUTE TO CHARLEY GREENE DIXON, JR. SPEECH OF ligate additional federal funds, nor does it guarantee a non-federal sponsor will receive HON. JOHN GARAMENDI credit. It merely lets local communities begin HON. HAROLD ROGERS OF CALIFORNIA to address risks to the public safety as soon OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES as possible. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 23, 2013 The Committee has taken strides to reform the way money in the Harbor Maintenance Tuesday, October 29, 2013 The House in Committee of the Whole House on the state of the Union had under Trust Fund (HMTF) is spent. Over the next Mr. ROGERS of Kentucky. Mr. Speaker, I consideration the bill (H.R. 3080) to provide several years, more funding will be funneled rise today to pay tribute to a dear friend and for improvements to the rivers and harbors back to our ports to ensure those paying into true leader for southern Kentucky, Charley of the United States, to provide for the con- the fund actually receive the dollars back to Greene Dixon, Jr., in honor of his selection as servative and development of water and re- maintain the infrastructure. Again, more can the 2013 Knox County Chamber of Commerce lated resources, and for other purposes: be done to make sure California gets a fair Man of the Year. Mr. GARAMENDI. Mr. Chair, I want to thank shake. Most of our ports are donors to the During his ten-year service as the Knox Committee Chairman SHUSTER and Ranking fund, but get little back. The world is only get- County Attorney, Charley Greene Dixon wit- Member RAHALL, as well as Subcommittee ting smaller and we must do all that we can nessed first-hand how the prescription drug Chairman GIBBS and Ranking Member BISHOP to ensure American products can get out of abuse epidemic destroyed the lives of count- for their hard work in putting together a bill our country and into the global market. All of less families in our region. The rapid rate of that all of us can support. There are many our ports are important to international trade overdose deaths and repeat drug trafficking good things in the bill and a few things that and all should get adequate funding to be the offenders funneling through his courtroom still need some work. best they can be. stirred a passion within him to do more—to try The Water Resources Reform and Develop- This bill is a milestone in a divided Con- to save the lives of his neighbors and their ment Act (WRRDA) is a vitally important bill to gress and represents compromise in an era of children. In response, Charley played a key my constituents in the 3rd District of California. partisanship. A vote for this bill today is a vote role in establishing Juvenile, Family and Adult The levee projects that are authorized will pro- for jobs and for our economy, two things we Drug Courts in his hometown, and he remains vide life-saving protection for residents can all support. a steadfast advocate for expanding drug-free

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

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29OC8.001 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS E1590 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2013 education and treatment efforts across our re- ment. Founded in 1949 by Drs. Hollis and of New York and New Jersey residents are gion. I count it an honor to stand shoulder-to- Julia Todd as the Department of Speech, the still displaced and others are living in partially shoulder with Charley in this fight for our com- current Communication Department presented repaired homes. Infrastructure throughout the munities. diplomas to hundreds of students who have region awaits repair and needs to be hard- Outside of the courtroom, Charley Greene subsequently experienced personal and career ened. I am confident that with the continued Dixon has rallied efforts in our schools and success in their chosen fields. Among its commitment of state and federal partners, our communities, as Chairman of the Knox County alumni, the department prides itself by seeing communities will rebound and come out UNITE Coalition. Through his dedicated sup- former graduates become leaders in fields as stronger than ever. port, thousands of young people have had the diverse as business and ministry, education f opportunity to attend drug-free events like, and journalism. Hooked on Fishing Not on Drugs, a prevention The faculty of the Mississippi College Com- TRIBUTE TO JOHN AND MARY camp, as well as faith-based walks, parades, munication Department embodies dedicated PAPPAJOHN along with basketball and cheerleading pro- and sustained service to the university and its grams. He has undoubtedly inspired countless mission. In fact, only three men have chaired HON. TOM LATHAM young people to break the cycle of addiction the department over the span of its 64 years: OF IOWA in their families, encouraging them to dream Dr. Hollis Todd, Dr. Billy Lytal, for whom the IN THE HOUSE OF REPRESENTATIVES big and to accomplish great things through a annual student scholarship fund is named, and Tuesday, October 29, 2013 current chair Dr. Cliff Fortenberry. With a life of sobriety. Mr. LATHAM. Mr. Speaker, I rise today to Additionally, Charley has worked diligently teaching philosophy built around the practical recognize and honor John and Mary to obtain several instrumental grants for Knox application of theory and curriculum, depart- Pappajohn for being the named the 2013 re- County, including a victim advocate grant, a mental faculty are teachers first, individuals cipients of Eli and Edythe Broad Award for truancy prevention grant, and an environ- who view their service at Mississippi College Philanthropy in the Arts at the National Arts mental PRIDE award. Those grant dollars as an investment in their students’ lives and in Awards ceremony. have been vital to the growth, security, and their community. The Mississippi College Communication De- In celebration of National Arts and Human- health of area communities. ities Month, Americans for the Arts organizes Despite his battle with cancer, Charley’s partment currently enrolls undergraduates in interpersonal and public communication, jour- the National Arts Awards each October to rec- passion for progress in Knox County is still ognize the achievements of individuals and holding strong. He continues to serve as a nalism, mass media, public relations, and theater concentrations, and offers graduate de- corporations who have exhibited outstanding member of the Knox County Chamber of leadership in the arts, arts education and phi- Commerce Board of Directors and President grees in journalism, health services communication, professional communication in sports, lanthropy. Accordingly, the Eli and Edythe of the region’s Bar Association. He is also Broad Award for Philanthropy is reserved for very active in his church, serving as an usher and public relations and corporate communication. Leading in innovative online class- individuals who have demonstrated an extraor- for the past 15 years and a trustee for two dinary commitment of philanthropic generosity years. room offerings, the communication department partners with other academic departments to to one or more major arts institutions. Mr. Speaker, I ask my colleagues to join me The selection of the Pappajohns to receive in honoring a champion for southern Kentucky, offer unique degree programs to meet student and market demands. such a prestigious award should come as no Charley Greene Dixon, Jr. His recognition as surprise to those that know this incredible cou- the Knox County Chamber of Commerce Man With a current enrollment of over 5,000 students and future leaders, Mississippi College ple and their love of the arts. John served on of the Year is duly warranted and I wish Char- the board of directors of the Des Moines Art ley the very best in the years to come. seeks to be known as a university recognized for academic excellence and commitment to Center and continues to be an honorary trust- f the cause of Christ. The faculty, staff, students ee, while his wife serves as the head of the MISSISSIPPI COLLEGE and alumni of the Mississippi College Commu- museum’s Acquisition Committee and has nication Department are proud to fulfill this vi- continued to serve as an active trustee for HON. ALAN NUNNELEE sion as the department enters its 65th year of nearly two decades. Together they have do- service. nated several works of art to the museum, in- OF MISSISSIPPI cluding those that comprise the beloved sculp- f IN THE HOUSE OF REPRESENTATIVES ture park in downtown Des Moines. They have Tuesday, October 29, 2013 IN RECOGNITION OF THE ONE also been members of the National Committee YEAR ANNIVERSARY OF HURRI- Mr. NUNNELEE. Mr. Speaker, Mississippi of Performing Arts of the Kennedy Center in CANE SANDY College, the oldest institution of higher learn- Washington, DC for more than two decades ing in the state of Mississippi and the second and continually rank among the top art collec- oldest Baptist university in the United States, HON. PETER T. KING tors in the world. recently celebrated the opening of its 187th OF NEW YORK Mr. Speaker, Mr. and Mrs. Pappajohn’s life- school year. Mississippi College has since IN THE HOUSE OF REPRESENTATIVES long commitment to philanthropy at the local, pre-Civil War days provided students from Tuesday, October 29, 2013 state, and national levels cannot be over- across the state and around the world an edu- stated. John and Mary’s selfless contributions Mr. KING of New York. Mr. Speaker, I rise have changed countless lives for the better cation informed by Christian values, and was to reflect on the aftermath of Hurricane Sandy, the first co-educational institution in the nation and I cannot imagine a more deserved selec- which made landfall one year ago. tion for this prestigious award. It is a great to grant a degree to a woman. Super Storm Sandy was the second largest honor to represent John and Mary in the The university has a long and distinguished natural disaster in our nation’s history and the United States Congress and I invite my col- history of educating future public servants, second costliest. New York State alone in- leagues in the House to join me in congratu- counting current leaders in federal and state curred $32.8 billion in damage, $8.4 billion of lating them for this momentous recognition government among her alumna, including cur- which was on Long Island. 305,000 homes and thanking them for their continued dedica- rent Third Congressional District Rep. Gregg and 265,300 businesses in the state were tion to their community and our nation. Harper, and current Mississippi Gov. Phil Bry- damaged or destroyed. While these numbers ant. As a member of the Board of Trustees I are shocking, they don’t begin to tell the story f am also proud to recognize the leadership of of the suffering my constituents experienced. WATER RESOURCES REFORM AND Order of the Golden Arrow recipient Gayle This devastation was exacerbated by the DEVELOPMENT ACT OF 2013 Wicker has provided to the university’s presi- failure of Congress to provide immediate aid dents through the years. Mississippi College, to the affected communities. The Northeast SPEECH OF located in Clinton, is a proud constituent of the was forced to wait more than three months for HON. EDDIE BERNICE JOHNSON Second Congressional District represented by a federal aid package, thereby delaying the re- OF TEXAS Rep. Bennie Thompson. gion’s recovery. Fortunately, this assistance is IN THE HOUSE OF REPRESENTATIVES For 64 years, students have received exem- beginning to flow and communities are in the plary training in areas of speech, media, public process of rebuilding. Wednesday, October 23, 2013 relations, theater and related practices in the While we have made progress, the road to The House in Committee of the Whole Mississippi College Communication Depart- recovery remains long and difficult. Thousands House on the state of the Union had under

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K29OC8.004 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS October 29, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1591 consideration the bill (H.R. 3080) to provide for a deep-draft waterway from the Gulf of tinue our commitment to our veterans. Let us for improvements to the rivers and harbors Mexico to the City of Freeport through the do what we can to honor their service and of the United States, to provide for the con- original mouth of the Brazos River. It will con- sacrifices. With more and more servicemen servation and development of water and related resources, and for other purposes: tribute to the economic efficiency of commer- transitioning to veteran status, it’s critical that cial navigation in the region and will signifi- we protect the benefits they have earned in Ms. EDDIE BERNICE JOHNSON of Texas. cantly improve Freeport Harbor’s ability to service to their country. Mr. Chair, I rise in support of H.R. 3080, the compete in international maritime commerce. Water Resources Reform and Development These projects will help bring nearly a billion f Act (WRRDA) of 2013. As the Senior Texan dollars of Federal funds to Texas’ ports and on the Transportation and Infrastructure Com- waterways. In turn, these improvements will ESTABLISHING COMMISSION OR mittee and cosponsor of this legislation, I am be a boon for Texas’ economy and the Na- TASK FORCE TO EVALUATE THE glad to once again be addressing water re- tional economy. Further, with the expansion of BACKLOG OF DISABILITY sources legislation on the House Floor. Such the Panama Canal, these improvements will CLAIMS legislation has not been passed by this es- allow Texas’ ports to play an increased role in teemed Body since 2007, when I served as the global economy. The increased economic SPEECH OF Chairwoman of the Water Resources and En- benefit and movement of goods will be felt vironment Subcommittee that helped craft and throughout Texas, including in my home dis- HON. LOIS FRANKEL usher the Water Resources Development Act trict in Dallas, home to two Class One rail (WRDA) of 2007 into law over a presidential lines, an intermodal facility, numerous inter- OF FLORIDA veto. With this background, I understand the state highways, and a strong consumer mar- IN THE HOUSE OF REPRESENTATIVES challenge of composing and advancing such ketplace. legislation to this point. I applaud the leader- It is my hope that the passage of this legis- Monday, October 28, 2013 ship demonstrated by the Chairman and lation will revive the biannual WRDA author- Ranking Members of both the Full Transpor- Ms. FRANKEL of Florida. Mr. Speaker, the ization schedule. Monitoring the streamlining veterans’ disability claims backlog is simply tation and Infrastructure Committee and the provisions of this bill, as well as assessing the Water Resources and Environment Sub- unacceptable. American service members who expenditures of the Harbor Maintenance Trust risk their lives to protect our freedoms should committee for bringing this bill to the Floor Fund will be ripe for reconsideration during the today. not have to wonder if they will receive the next Congress—as will many other issues. It basic benefits they deserve. Today, more than While I ultimately support the passage of is my belief that the overall objectives and pur- this legislation, I am concerned about the 405,000 veterans are waiting for their benefits poses of water resources legislation are vital in this tragically backlogged system. These weakening of environmental protections and to America and should be considered on a bi- the ability of the public to participate in that aren’t just numbers. These are real people— annual basis. The importance of this bill heroes who served our country. process as a result of the streamlining provi- should not be lost in politics. sions of this bill. The Army Corps of Engineers In closing, I want to once again thank the Take for example Jeff Colaicovo, a veteran project construction backlog and astronomical Chairman and Ranking Members of both the living in my district in South Florida. Jeff re- figure it carries demonstrates that project effi- Full Transportation and Infrastructure Com- ceived two Purple Hearts for his courageous ciency must be improved. I understand the de- mittee and the Water Resources and Environ- service during the Vietnam War. He sacrificed sire to expedite Army Corps of Engineers ment Subcommittee for their leadership in ad- for his country, and unbelievably, our claims study and project completions, yet do not be- vancing this legislation to the floor today. system failed him. lieve that the environmental safeguards such f Until his case was brought to my office’s at- as the National Environmental Policy Act are tention earlier this year, Jeff had made little VULNERABLE VETERANS HOUSING the cause of those delays. If properly funded, progress towards receiving the benefits he has REFORM ACT OF 2013 necessary projects can be completed with ap- earned. In fact, he and his wife spent over two propriate environmental considerations. I am SPEECH OF years struggling with bills that his benefits discouraged that environmental protections should have helped cover. Finally, after reach- are being weakened under this guise. HON. DEREK KILMER ing out to my office, Jeff began receiving his As Co-Chair of the Texas Maritime Caucus, OF WASHINGTON far-overdue benefits in June. Jeff, along with I have supported language in this bill to in- IN THE HOUSE OF REPRESENTATIVES all of our nation’s veterans, deserves better. crease commercial navigation capabilities for Texas’ ports and waterways. I am excited Monday, October 28, 2013 Thankfully, today, we took an important step about Texas’ ports and the role that they play Mr. KILMER. Mr. Speaker, I rise today in towards helping our veterans by passing H.R. in cultivating the Texas economy, the National support of H.R. 1742, the Vulnerable Veterans 2189. economy, and the global economy. With ex- Housing Reform Act of 2013. Part of the reason veterans often wait so pansive coastlines, established intermodal in- Our country enjoys unparalleled freedom long for their benefits decisions is that the av- frastructure, and strategically beneficial loca- because of the commitment and sacrifice of erage number of conditions afflicting our vet- tion, maritime commerce has a bright future in our troops. I believe that if you serve our erans has grown significantly. This was true Texas. Moreover, the American economy has country, we should have your back. That for Jeff whose conditions include PTSD, loss a brighter future because of Texas’ transpor- means ensuring that military families and vet- of hearing, irregular heartbeat, and severe tation investments and capabilities. erans have access to the full level of benefits back problems. In fact, our service members I am glad to have worked in a bipartisan they have earned. currently returning home from Iraq and Af- fashion to include language in this legislation Mr. Speaker, it is unacceptable that the aid ghanistan submit an average of 8.5 separate for an assessment of the Gulf Intracoastal Wa- and assistance we provide to our heroes and conditions, whereas WWII veterans typically terway. This assessment will be a valuable their families, would end up diminishing hous- submitted less than three. tool for the State of Texas to determine its ing benefits. Treating this allocation as part of Under the current system, each medical current and future operation and maintenance the income calculation to determine HUD ben- condition is individually adjudicated and the needs for navigation improvements to the Gulf efits could lead to an increase in homeless- veteran only begins receiving benefits once Intracoastal Waterway, allowing it to be uti- ness. Why force our heroes to choose be- the entire claim has been processed. lized more efficiently and productively in mari- tween the care they require and the shelter time commerce. they need? H.R. 2189 will address this issue by requir- Further, I supported the inclusion of projects H.R. 1742 clarifies that the benefits earned ing the Veterans Administration to pay benefits at the Sabine-Neches Waterway, Texas and at by our military retirees shall remain used to as each element of a veteran’s claim is re- Freeport Harbor, Texas—both of which are the purposes provided—and that assistance viewed, rather than when the entire package authorized in this legislation. The Sabine- for caring for the disabled shall not jeopardize has been processed. This would allow vet- Neches Waterway project will contribute to the the ability to get the housing and shelter they erans to begin receiving benefits checks much economic effectiveness of commercial naviga- require. sooner. tion in a system of navigation channels in the Again I am proud to support the Vulnerable While much more still needs to be done, Sabine-Neches estuary of Texas and Lou- Veterans Housing Reform Act of 2013 and this is an important step to help repair a bro- isiana. The Freeport Harbor project provides urge my colleagues to do the same. Let’s con- ken system.

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.001 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS E1592 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2013 PERSONAL EXPLANATION ment with the local and state communities. In CONGRATULATING SAINT LOUIS conjunction with his professional accomplish- DE MONTFORT CATHOLIC HON. SAM GRAVES ments in the Air Force and on the bench, SCHOOL, A BLUE RIBBON OF MISSOURI Judge Allen has served on a number of SCHOOL IN THE HOUSE OF REPRESENTATIVES boards and commissions, most notably as Tuesday, October 29, 2013 Chairman of the Judicial Qualifications Com- HON. SUSAN W. BROOKS mission, and has received many awards and OF INDIANA Mr. GRAVES of Missouri. Mr. Speaker, on accolades for his service. Judge Allen’s con- IN THE HOUSE OF REPRESENTATIVES Monday, October 28, I missed a series of roll- tributions to the Columbus area and the state Tuesday, October 29, 2013 call votes. Had I been present, I would have of Georgia have even earned him recognition voted ‘‘yea’’ on Nos. 561 and 562. from the Columbus Ledger-Enquirer as one of Mrs. BROOKS of Indiana. Mr. Speaker, I f ‘‘100 People to Remember for the Century.’’ rise today to congratulate an outstanding school in my district that is being honored as IN RECOGNITION OF THE RETIRE- None of Judge Allen’s momentous accom- a 2013 National Blue Ribbon School. It is a MENT OF THE HONORABLE plishments would have been possible without pleasure to congratulate Saint Louis de JUDGE JOHN D. ALLEN the enduring love and support of his wife Vic- Montfort Catholic School in Fishers, Indiana in toria; children John Jr., Geoffrey, and Kevin; celebration of this special occasion. HON. SANFORD D. BISHOP, JR. and grandchildren John Ill and Carson. The National Blue Ribbon designation, given OF GEORGIA A true Georgian devoted to serving his great by the U.S. Department of Education, is IN THE HOUSE OF REPRESENTATIVES state, Judge Allen embodies Georgia’s state awarded to both public and private schools Tuesday, October 29, 2013 motto, ‘‘Wisdom, Justice and Moderation.’’ across our great nation. Started by President Judge Allen is a man of great integrity who Reagan and given annually since 1982, the Mr. BISHOP of Georgia. Mr. Speaker, it is sets a high standard of values that make for award celebrates great American schools that my honor and pleasure to extend my personal a strong foundation of character in himself and achieve very high learning standards or are congratulations and best wishes to a great in others. On a personal note, I would like to making significant improvements in the aca- friend and servant of humankind, Judge John thank Judge Allen for his friendship, advice demic achievements of their students. In my D. Allen, Chief Judge of the Chattahoochee and counsel over the years. His wisdom and district and across the country, the award rec- Circuit of the Third Superior Court District of sage advice have contributed immensely to ognizes the great educators, students and par- Georgia. Judge Allen will be recognized by the my success. For that I will always be grateful. ents who have worked so hard to ensure Indi- Columbus Bar Association for his distin- ana’s children reach their full potential and Mr. Speaker, I ask my colleagues to join guished service on Tuesday, October 29, achieve academic success. 2013, at the Columbus Convention and Trade me, my wife Vivian, and the more than For all of these reasons and many more, I Center in Columbus, Georgia. He will be retir- 700,000 residents of Georgia’s Second Con- am so proud that Saint Louis de Montfort is ing on Thursday, October 31, 2013. gressional District in honoring Judge John D. receiving this prestigious designation. It is a Judge Allen was born on January 17, 1943 Allen for his outstanding professional achieve- wonderful acknowledgement of the school’s in segregated Columbus, Georgia. It seemed ments and dedicated service to his country commitment to providing young Hoosiers an like all the odds were against him of one day and to the people of the state of Georgia as exceptional education. While 417 schools na- becoming a Superior Court Judge. Despite the he retires from his position as Chief Judge of tionwide may be nominated, only 286 are cho- lack of black role models in the law as he was the Chattahoochee Circuit of the Third Supe- sen as a National Blue Ribbon School, making growing up, Judge Allen kept education as his rior Court District of Georgia. this recognition all the more impressive. main priority. He graduated from Tuskegee Serving children from junior kindergarten University in 1966 with a Bachelor’s degree in f through eighth grade, Saint Louis de Montfort Mechanical Engineering. Catholic School provides its students with an A distinguished cadet in the ROTC, Judge WELCOMING GUEST CHAPLIN JACK outstanding education in both academics and Allen was commissioned into the Air Force in HIBBS TO U.S. HOUSE OF REP- the Catholic faith. It has consistently been 1966 as a 2nd Lieutenant Pilot. He completed RESENTATIVES graded as an ‘‘A’’ school by the Indiana De- Advanced Survival Training in 1967, and he partment of Education and is a leader in incor- was promoted to 1st Lieutenant/Tactical Fight- HON. GARY G. MILLER porating technology and learning in the class- er Pilot in 1968. Upon completion of course, room, while also engaging its students in daily he was assigned to Southeast Asia and flew OF CALIFORNIA prayer, religion classes, liturgical celebrations, 167 combat missions while stationed in Thai- IN THE HOUSE OF REPRESENTATIVES and service learning projects. As a mother whose children attended Catholic school, I ap- land. After promotions to Tactical Aircraft Tuesday, October 29, 2013 Commander, then to Captain, Judge Allen flew plaud Saint Louis de Montfort for its work to another 127 combat missions in Southeast Mr. GARY G. MILLER of California. Mr. ensure its students engage with the Hoosier Asia before returning to Tampa, Florida and Speaker, I rise to welcome Pastor Jack Hibbs community and remain service-oriented. serving as an academic and flight instructor of Calvary Chapel Chino Hills and thank him As a member of the Education and the until his discharge in July of 1973. He left the for delivering today’s opening prayer. Workforce Committee, I also want to acknowledge how important it is to our nation’s future Air Force as a highly decorated pilot, earning I have known Pastor Hibbs for many years to encourage and raise a new generation of 23 Air Medals, 2 Air Force Commendation through his teaching of the Lord’s message. Americans who have the skills and knowledge Medals, and numerous other awards for his He is best known for his passion, and great service during the Vietnam War. to succeed both in and out of the classroom. ability to incorporate the Lord’s word into our Students like those at Saint Louis de Montfort In 1975, Judge Allen earned a Juris Doctor everyday lives. from the University of Florida. He was admit- give me hope that we will accomplish this vital Each week, thousands come together from ted to the Georgia bar in 1976. From 1976 to mission. Their outstanding work is an inspira- all over Southern California to hear his ser- 1987, he maintained a private law practice in tion to students, educators and parents across mons. And his radio broadcast is listened to the Columbus area. At that time, Judge Allen the nation. Once again, congratulations to on five continents. and I were two of only four black lawyers in Saint Louis de Montfort. I am very proud of Columbus. Pastor Hibbs is the author of ‘‘Turnaround at you. Judge Allen continued to break barriers Home,’’ a practical guide to inviting God into f your home, and creating positive cycles in when he began serving as a Columbus Re- PERSONAL EXPLANATION corder’s Court judge for a year before assum- marriage and parenting. He and his wife, Lisa, ing a position on the State Court for share their own experiences and inspiring sto- HON. ALLYSON Y. SCHWARTZ Muscogee County in 1987. In 1993, he was ries about understanding how emotional, spir- OF PENNSYLVANIA appointed to the position of Chattahoochee itual and social background factors play into IN THE HOUSE OF REPRESENTATIVES Judicial Circuit Superior Court Judge. He has families. And how to make changes for been re-elected repeatedly since his appoint- good—starting at home. Tuesday, October 29, 2013 ment. I thank Pastor Hibbs for what he’s done for Ms. SCHWARTZ. Mr. Speaker, on rollcall Judge Allen’s diligent judicial service has my community and sharing his time with us No. 562 I was unable to be present for the also been mirrored by his extensive involve- today. vote on H.R. 2011.

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.004 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS October 29, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1593 Had I been present, I would have voted proves critical in the joint actions with Immi- church choir and winning first prize at the ‘‘yes.’’ grations and Customs Enforcement. Detective ‘‘Amateur Night’’ at the Apollo at 15. As she f Lair was selected from among hundreds of grew famous she never forgot her hometown, other applicants throughout the nation, where despite sharing the stage with many renowned RECOGNIZING LUCY BILLINGSLEY his credentials withstood the rigorous process names, including artists such as Quincy AS RECIPIENT OF THE 2013 H. of approval. The citizens of North Texas are Jones, Ray Charles and Ella Fitzgerald. NEIL MALLON AWARD certainly safer due to his actions, and he is a Gloria will be long remembered for her ex- perfect example of how all members of Oper- traordinary voice, charisma, discipline, spirit, HON. EDDIE BERNICE JOHNSON ation Community Shield Gang Task Force and clear purpose which won the admiration OF TEXAS should operate. of all who were privileged to come to know IN THE HOUSE OF REPRESENTATIVES In August 2011, Detective Lair was asked to and work with her during her distinguished ca- Tuesday, October 29, 2013 participate in an ongoing investigation of the reer in and around music. I consider myself Aryan Brotherhood of Texas as well as orga- fortunate to have had the opportunity to enjoy Ms. EDDIE BERNICE JOHNSON of Texas. nize Dallas-Fort Worth area law enforcement Mr. Speaker, I rise today to recognize Lucy her music and observe her example as a per- in an effort to disrupt and dismantle the pow- sonal inspiration. Billingsley who received the 2013 H. Neil erful race-based criminal prison street gang in Mallon Award from the World Affairs Council But most of all Gloria Lynne was a loving North Texas. As a direct result of the actions mother and sister, and is survived by her son on Friday, October 25. Mrs. Billingsley is a of the law enforcement agencies Detective Dallas native and well-known real estate de- P.J. Allen and her brother John Wilson who Lair organized, three Aryan Brotherhood of now inherit the solemn pride of having known veloper in North Texas. Texas members have been indicted, one of Past recipients of the H. Neil Mallon Award Ms. Lynne so closely. which has pleaded guilty. The overall case Mr. Speaker, rather than mourn her passing, include Stanley Marcus, Ray Hunt, President currently has 36 defendants who have been George H.W. Bush, Ross Perot, and Trammell I hope that my colleagues will join me in cele- indicted on racketeering charges. Detective brating the life of my friend Gloria Lynne by Crow. The World Affairs Council was founded Lair has been instrumental in coordinating the by H. Neil Mallon in 1951 in order to educate remembering that she exemplified greatness flow of information between agency partners in every way. and involve Americans in global issues. and the Special Prosecutor from the Depart- f The only daughter of developer Trammell ment of Justice Organized Crime and Gang Crow Sr., Mrs. Billingsley is not only a local Section. Additionally, he has been essential in PERSONAL EXPLANATION real estate mogul but also has a major global the development of confidential sources, pro- impact. Billingsley serves as the International viding information on numerous short term in- HON. ALLYSON Y. SCHWARTZ Board Chair of Women for Women, the vestigations of both federal and state viola- OF PENNSYLVANIA Chiapas International Founder, a member of tions. the National Geographic Society Council of Mr. Speaker, on behalf of the 24th Congres- IN THE HOUSE OF REPRESENTATIVES Advisors, a member of the Council of Foreign sional District of Texas, I ask all my distin- Tuesday, October 29, 2013 Relations, a member of the Tate Board at guished colleagues to join me in recognizing Ms. SCHWARTZ. Mr. Speaker, on rollcall Southern Methodist University, and on the the work of Detective Steve Lair and congratu- No. 561 I was unable to be present for the University of Texas at Dallas Center for Brain lating him on this prestigious award. vote on H.R. 2189. Had I been present, I Health Advisory Committee. f Before developing Billingsley Company with would have voted ‘‘yes.’’ her husband, Henry, Mrs. Billingsley was the IN REMEMBRANCE OF THE AMER- f Chief Executive Officer of the Dallas Market ICAN JAZZ VOCALIST GLORIA CONGRATULATING THE NORTHERN Center and the Crow Design Centers across LYNNE VIRGINIA BLACK CHAMBER OF the United States. Billingsley also grew her COMMERCE, INC., AND THE travel agency, Wyndham Jade, to be the larg- HON. CHARLES B. RANGEL GLOBAL BUSINESS NETWORK AS- est privately owned travel agency in the OF NEW YORK SOCIATION Southwest. The recently re-imagined and ac- IN THE HOUSE OF REPRESENTATIVES claimed Dallas Arts District was just one brain Tuesday, October 29, 2013 child of Billingsley’s many. HON. JAMES P. MORAN Lucy Billingsley has served as an inspiration Mr. RANGEL. Mr. Speaker, today I rise to OF VIRGINIA not only to women of Dallas, but also nation- honor the passing of one of Harlem’s most tal- IN THE HOUSE OF REPRESENTATIVES ally and internationally. Her humanitarian ef- ented musicians, and a dear friend of mine, Tuesday, October 29, 2013 the late Gloria Lynne. As I speak with grief of forts to promote business and diplomatic rela- Mr. MORAN. Mr. Speaker, I rise today to tions across the globe will not go unnoticed. such an overwhelming loss, I join my community in rejoicing a life well-lived and to cele- congratulate the Northern Virginia Black Mrs. Billingsley is a personal friend and I ap- Chamber of Commerce, Inc. (NVBCC) and the plaud her efforts in Dallas and globally. brate the accomplishments of a remarkable woman. At 83, Gloria remained a golden child Global Business Network Association (GBNA) f of Harlem, and with an incredible soul touch- on five years of dedicated achievement, and RECOGNIZING DETECTIVE STEVE ing the lives of everyone who met her. Her to recognize the Celebration Gala and Awards LAIR FOR RECEIVING THE PART- passing on October 15th, 2013 at Columbus Dinner being held to commemorate this auspi- NERSHIP FOR PUBLIC SAFETY Hospital in Newark, N.J., brought immense cious occasion. AWARD sorrow to the countless fans of and individuals This year not only marks a milestone for associated with the R&B, jazz, and pop both organizations, it signals the emergence of HON. KENNY MARCHANT genres. an improving economy five years after the economic strife that impacted the globe. The OF TEXAS Gloria Lynne was born in Harlem on No- Celebration Gala and Awards Dinner will IN THE HOUSE OF REPRESENTATIVES vember 23, 1929. Throughout her lengthy career, which spanned more than five decades, honor the achievements of business leaders Tuesday, October 29, 2013 her signature resonant contralto could be rec- and young scholars in our region who are sig- Mr. MARCHANT. Mr. Speaker, I rise today ognized on more than 25 albums. During her nificantly contributing to a more robust econ- in recognition of Detective Steve Lair of extraordinary life, Gloria Lynne brought great omy and vibrant business community. Carrollton, Texas and his earning of the Part- pride to her beloved neighborhood by releas- The NVBCC is creating opportunities for nership for Public Safety award for going ing such hits as her English rendition of ‘‘I businesses and entrepreneurs to build net- above and beyond his normal duties as a Wish You Love’’ and receiving a multitude of works, obtain practical professional develop- Carrollton police officer in his work with an Im- awards, including the Outstanding Achieve- ment, and gain the skills to strategically grow migrations and Customs Enforcement Task ment in Jazz at the New York MAC awards, companies. The Chamber delivers products Force involved in the statewide, multi-agency International Women of Jazz Award and hav- and services designed to maximize invest- investigation and prosecution of members of ing the City of New York proclaim July 25, ment, including networking events, seminars, the Aryan Brotherhood of Texas. 1995 as ‘‘Gloria Lynne Day.’’ and resources, connecting members, compa- The Partnership for Public Safety Award is Gloria displayed immense talent and love nies, fellow entrepreneurs, public and private given to an officer on a local level which for her community, participating in her local leaders who can help advance businesses

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.008 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS E1594 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2013 and inform on the economic, legal, policy, so- across the nation. Once again, congratulations mestic Violence Awareness Month. During cial, cultural and other factors that impact to Saint Maria Goretti School. I am very proud each October since 1981, we mourn those black-owned businesses. of you. who have died due to domestic violence, cele- GBNA is a regional network of business and f brate those who have survived, and connect nonprofit leaders that represents all industry those who work to end violence. sectors. Founded in 2007, GBNA’s member- RECOGNIZING THE 10TH ANNIVER- Many of us know someone who has suf- ship consists of start-up and experienced en- SARY OF LINDENWOOD UNIVER- fered from domestic violence. Whether you trepreneurs and businesses. GBNA has as- SITY-BELLEVILLE are a sibling, parent, or friend, your support is sisted the local business community by work- necessary. Each day, three women die as a ing to bring the issues and concerns of small HON. WILLIAM L. ENYART result of domestic violence. Your support businesses to the forefront to the national eco- OF ILLINOIS could turn a battered woman into a survivor. nomic agenda. IN THE HOUSE OF REPRESENTATIVES Domestic violence not only affects more Mr. Speaker, we applaud the work of these Tuesday, October 29, 2013 than 12 million people each year, but one in four women have been a victim of physical vi- two venerable institutions in Northern Virginia, Mr. ENYART. Mr. Speaker, I rise today to olence by a partner. The Violence Against and send our best wishes for a successful ask my colleagues to join me in recognizing Women Act (VAWA) is a helpful tool to com- celebration dinner. the 10th Anniversary of Lindenwood Univer- bat violence, but the fight against domestic vi- f sity-Belleville. olence must continue. VAWA improved the While Lindenwood University-Belleville, at CONGRATULATING SAINT MARIA criminal justice response to violence against 10 years old, is a relative newcomer for insti- GORETTI SCHOOL, A BLUE RIB- women and the reauthorization this year ex- tutions of higher learning, it is part of BON SCHOOL tends protection to native women, lesbian, Lindenwood University which has a long his- gay, bisexual, and transgender individuals. tory in the Midwest. Founded in 1827 in St. Though policies are put in place to end do- HON. SUSAN W. BROOKS Charles, Missouri, Lindenwood University is mestic violence and to support women who OF INDIANA the second oldest college west of the Mis- are survivors, it is essential that we also pro- IN THE HOUSE OF REPRESENTATIVES sissippi River. vide critical resources to save lives and pre- As a four-year liberal arts university with a Tuesday, October 29, 2013 vent future domestic crimes. When women are rich tradition in the St. Louis metropolitan silent, domestic violence thrives. But when Mrs. BROOKS of Indiana. Mr. Speaker, I area, the administration of Lindenwood Univer- women speak out, domestic violence can end. rise today to congratulate an outstanding sity began talks with city leaders in Belleville, I urge my colleagues to support programs and school in my district that is being honored as Illinois around 2001, looking to expand the shelters nationwide that provide safety for the a 2013 National Blue Ribbon School. It is a university to the east side of the Mississippi many survivors each day. pleasure to congratulate Saint Maria Goretti River. The Belleville High School District had School in Westfield, Indiana in celebration of recently moved the location of the Belleville f this special occasion. West High School to another location, leaving HONORING CHARLES L. BLOCKSON The National Blue Ribbon designation, given an existing facility ready for use. Talks proved by the U.S. Department of Education, is fruitful and Lindenwood University acquired awarded to both public and private schools HON. ROBERT A. BRADY the 22 acre tract of land for its Belleville cam- OF PENNSYLVANIA across our great nation. Started by President pus in November of 2003. IN THE HOUSE OF REPRESENTATIVES Reagan and given annually since 1982, the The first classes for LU-Belleville were held award celebrates great American schools that in the Spring Quarter of 2004 for an incoming Tuesday, October 29, 2013 achieve very high learning standards or are class of 52 students. Initially only offering Mr. BRADY of Pennsylvania. Mr. Speaker, I making significant improvements in the aca- evening classes, the first programs were a rise to honor the scholarship and dedication of demic achievements of their students. In my Master of Arts in Education and Education Ad- historian Charles L. Blockson, upon the occa- district and across the country, the award rec- ministration. sion of the publication of his latest book—The ognizes the great educators, students and par- Today, LU-Belleville has over 1,000 full-time President’s House Revisited Behind The ents who have worked so hard to ensure Indi- students enrolled in a wide range of academic Scenes: The Samuel Fraunces Story. For ana’s children reach their full potential and programs with hundreds more in graduate, most of his life Mr. Blockson has collected and achieve academic success. continuing education and specialized pro- preserved African and African American histor- For all of these reasons and many more, I grams. In its first decade, LU-Belleville has ical tomes, art and artifacts. In 2001 I was am so proud that Saint Maria Goretti School is grown into a strong and vibrant institution that privileged to have sponsored an appropriation receiving this prestigious designation. It is a contributes much to the richness of Belleville to fund the digitalization of the Collection. wonderful acknowledgement of the school’s and to the higher education choices of South- Housed at Temple University, the Collection commitment to providing young Hoosiers an ern Illinois. is one of the nation’s leading research facili- exceptional education. While 417 schools na- This past spring, I had the high honor of ad- ties for the study of the history and culture of tionwide may be nominated, only 286 are cho- dressing graduates at LU-Belleville’s first com- Africans of the Diaspora with special emphasis sen as a National Blue Ribbon School, making mencement exercises. I quoted Lindenwood on the lives and experiences of African Ameri- this recognition all the more impressive. University’s mission statement to provide pro- cans in Philadelphia and the surrounding Since opening in 1996, Saint Maria Goretti grams ‘‘leading to the development of the Delaware Valley. School has consistently provided its students whole person-an educated, responsible citizen I am proud to know this much esteemed with an outstanding education in both aca- of a global community.’’ In its first decade, LU- and dedicated man who has provided us with demics and the Catholic faith and currently Belleville has done just that. a window into the lives of the African and Afri- serves 460 students in grades K–8. The Mr. Speaker, I ask my colleagues to join me can Americans who too often have been writ- school starts each day with a prayer that pro- in congratulating the administration, faculty, ten out of history. I salute Charles L. vides guiding principles for its students. As a staff and student body of Lindenwood Univer- Blockson, a distinguished scholar. mother whose children attended Catholic sity-Belleville on the occasion of their 10th An- f school, I applaud Saint Maria Goretti for its niversary and wishing them continued success for many more years to come. HONORING BENAVIDEZ-PATTER- work to develop each child in mind, body, and SON ‘‘ALL AIRBORNE’’ CHAPTER, spirit. f 82ND AIRBORNE DIVISION ASSO- As a member of the Education and the RECOGNITION OF DOMESTIC CIATION Workforce Committee, I also want to acknowl- VIOLENCE AWARENESS MONTH edge how important it is to our nation’s future to encourage and raise a new generation of HON. BETO O’ROURKE OF TEXAS Americans who have the skills and knowledge HON. EDDIE BERNICE JOHNSON OF TEXAS IN THE HOUSE OF REPRESENTATIVES to succeed both in and out of the classroom. IN THE HOUSE OF REPRESENTATIVES Students like those at Saint Maria Goretti Tuesday, October 29, 2013 School give me hope that we will accomplish Tuesday, October 29, 2013 Mr. O’ROURKE. Mr. Speaker, I am honored this vital mission. Their outstanding work is an Ms. EDDIE BERNICE JOHNSON of Texas. to recognize the Benavidez-Patterson ‘‘All Air- inspiration to students, educators and parents Mr. Speaker, I rise today in recognition of Do- borne’’ Chapter of the 82nd Airborne Division,

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.013 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS October 29, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1595 a distinguished Veterans Service Organiza- erary success is truly remarkable for a six- years. This is $6.4 trillion in debt our nation, tional in El Paso, Texas. teen-year-old. our economy, and our children could have The Benavidez-Patterson ‘‘All-Airborne’’ I am extremely honored to represent this tal- avoided with a balanced budget amendment. Chapter is comprised of current and former ented young woman. Please join me in con- military paratroopers. The unit develops new gratulating Lauren on the publication of her f relationships and cultivates existing bonds first novel. I hope we continue to see many among those who have served in the Air- more from her in the future. HONORING SERGEANT PAUL borne; honors the memory of troopers who f CAVALLARO died in service; and informs its members of legislative changes and policy ideas relevant SUPPORT OF A WOMAN’S RIGHT to veterans. TO CHOOSE HON. TOM MARINO With 250 members, the Benavidez-Patter- OF PENNSYLVANIA son Chapter is the largest ‘‘All-Airborne’’ chap- HON. EDDIE BERNICE JOHNSON IN THE HOUSE OF REPRESENTATIVES ter in Texas and has included representation OF TEXAS Tuesday, October 29, 2013 from virtually every Airborne unit since World IN THE HOUSE OF REPRESENTATIVES War II. It is comprised of national heroes. Tuesday, October 29, 2013 Mr. MARINO. Mr. Speaker, I rise today in Members have included veteran paratroopers honor of Sergeant Paul Cavallaro of the Penn- Ms. EDDIE BERNICE JOHNSON of Texas. who had combat assignments in Africa, Sicily, sylvania State Police. Italy, France, The Netherlands, Belgium, Ger- Mr. Speaker, I rise today in support of the re- Sergeant Cavallaro has been serving the many, Korea, the Dominican Republic, Viet- cent determination by a federal judge that new citizens of Pennsylvania as a State Trooper nam, Grenada, Panama, Iraq and Afghanistan, Texas abortion restrictions directly violate the since 1992. He has served in numerous patrol along with others currently deployed in the U.S. Constitution. When Governor Rick Perry and crime units in stations throughout the Middle East. Members have included one of signed into law Texas H.B. 2, a smattering of Commonwealth. He has held numerous roles the original Darby’s Rangers and a Pathfinder new limitations on access to abortion, he within the State Police such as: Alternate on D-Day. Others were involved in ‘‘Operation: threatened to take away a woman’s right to Identification Unit Officer, Alternate CIA officer, Overlord’’ into Normandy, France, on D-Day; choose. Patrol Unit Supervisor, Criminal Investigation ‘‘Operation: Market Garden’’ in Holland; and The Texas law would ban abortions 20 Unit Supervisor, Patrol Section Supervisor, the ‘‘Battle of the Bulge.’’ weeks after fertilization, mandate that abortion Chartered in August 1985, the Benavidez- providers have admitting privileges at a hos- and his most recent title as Station Com- Patterson ‘‘All-Airborne’’ Chapter is named in pital within 30 miles of the facility, and re- mander. honor of the late MSG Roy P. Benavidez and quires doctors to administer the abortion-in- Sergeant Cavallaro has received letters of CSM Robert Patterson (Ret.), both recipients ducing medication in person rather than at commendation in 2002 and 2008, and re- of the Medal of Honor. The Chapter was fur- home. These provisions would cause dozens ceived a nomination for the International Asso- ther honored through the membership of of abortion clinics to shutter their doors, re- ciation of Chiefs of Police Trooper of the Year Medal of Honor recipients COL. Joseph Rodri- stricting access to women. Award in 2003. Additionally, he has also re- guez (Deceased) of El Paso and LTC (Ret.) District Judge Lee Yeakel struck down the ceived letters of appreciation from the Pike Alfred Rascon. Other distinguished members regulation that would require doctors to have County District Attorney’s Office and the Mon- have included MG Howard Bromberg; BG admitting privileges at nearby hospitals, a no- mouth & Ocean County Intelligence Bureau. Shuffer, a statesman, author and paratrooper; tion that creates an undue obstacle for women As a member of the Pennsylvania State Po- in addition to LTG Lionetti, MG Lennox, MG seeking an abortion. Yeakel also blocked the lice, Sergeant Cavallaro has obtained training Cravens, MG Infante, MG Little, MG Oblinger provision that would require physicians to fol- in wiretap, street gangs, domestic violence, and MG Michael G. Vane. low U.S. Food and Drug Administration proce- hate crimes, advanced crime scene investiga- I thank the Benavidez-Patterson ‘‘All-Air- dure for abortion medication because a physi- tion, terrorism awareness, FBI post blast in- borne’’ Chapter for their commitment to hon- cian can ultimately determine what route of vestigations, interview and interrogation, ad- oring our veterans and for helping to strength- medication is best for the preservation of the vanced hidden compartments and has reen the bonds among service members and life or health of the mother. ceived special deputation as a United States veterans in the El Paso community. Unfortunately, the law still bans abortions at Marshall. f 20 weeks of pregnancy and requires all physi- Along with his duties as Station Com- cians to perform abortions in surgical facilities. HONORING LAUREN HALLSTROM mander, Sergeant Cavallaro is a bugler for the Restricting care for women is unconscionable. Pennsylvania State Police Ceremonial Unit, Currently, a woman’s access to abortion de- negotiator with the Special Emergency Re- HON. CORY GARDNER pends mostly on her zip code. While the U.S. sponse Team and he sponsors the annual OF COLORADO Constitution federally protects women, states Troop R Cadet Golf Tournament. In his spare IN THE HOUSE OF REPRESENTATIVES with anti-abortion leaders impose restrictive time he coaches youth baseball, hockey, foot- laws. These state laws cannot stand up to the Tuesday, October 29, 2013 ball and soccer. U.S. Constitution. Mr. GARDNER. Mr. Speaker, I rise today to I urge my colleagues to support a woman’s Mr. Speaker, Sergeant Cavallaro has de- honor Lauren Hallstrom from Douglas County, right to choose, a law that was established in voted his life to serving his community and Colorado. Last November, sixteen-year-old 1973 with the decision made in Roe v. Wade. others; it is with great pride that I honor him Lauren participated in Douglas County Librar- I am proud to stand as a pro-choice legislator today. ies’ National Novel Writing Month and vow to protect fair access to abortions in (NaNoWriMo) and authored an entire novel in my state. f only 30 days. f PERSONAL EXPLANATION Miss Hallstrom’s novel, Dreamweaver, tells the tale of a girl named Audrey in a place OUR UNCONSCIONABLE NATIONAL called Fortune. The novel follows Audrey’s ef- DEBT HON. RON KIND forts to rid her town of bad luck after an un- lucky penny wreaks havoc on Fortune and its HON. MIKE COFFMAN OF WISCONSIN citizens. This intriguing story and Lauren’s out- OF COLORADO IN THE HOUSE OF REPRESENTATIVES standing efforts were recognized when IN THE HOUSE OF REPRESENTATIVES Tuesday, October 29, 2013 Dreamweaver was announced the winner of the Douglas County Libraries’ novel-writing Tuesday, October 29, 2013 Mr. KIND. Mr. Speaker, I was unable to contest last February. Mr. COFFMAN. Mr. Speaker, on January have my votes recorded on the House floor on As part of Lauren’s prize, Douglas County 20, 2009, the day President Obama took of- Monday, October 28, 2013. I had family obli- Libraries provided editing and cover design fice, the national debt was gations that kept me in Wisconsin. Had I been services for Dreamweaver, and it is now pos- $10,626,877,048,913.08. present, I would have voted in favor of H.R. sible to find Lauren’s book on both Today, it is $17,081,509,219,288.50. We’ve 2189 (rollcall No. 561) and in favor of H.R. Bookcrafters.net and Amazon.com. Such lit- added $6,454,632,170,375.42 to our debt in 4 2011 (rollcall No. 562).

VerDate Mar 15 2010 04:23 Oct 30, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A29OC8.018 E29OCPT1 PWALKER on DSK7TPTVN1PROD with REMARKS E1596 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2013 CONGRATULATING CREEKSIDE Dr. Garcia was inspired early in her youth to and barges during World War II in support of MIDDLE SCHOOL, A BLUE RIB- pursue a career in medicine. From a family of the war effort. Don Horton has become the BON SCHOOL doctors, dentists, and pharmacists, Dr. Garcia foremost expert on this forgotten segment of grew up with the value of helping others em- the World War II Merchant Marine, and has HON. SUSAN W. BROOKS bedded in her psyche. Today, Dr. Garcia worked tirelessly to see mariners like his OF INDIANA blazed her own path as a prominent commu- brother gain the recognition as veterans that IN THE HOUSE OF REPRESENTATIVES nity leader. they rightly deserve and earned through serv- Tuesday, October 29, 2013 In addition to her accomplishments in medi- ice to their country. cine, Dr. Garcia spearheaded a number of The ranks of these coastwise tugboats and Mrs. BROOKS of Indiana. Mr. Speaker, I philanthropic endeavors. She is a founding barges were not solely operated by men, but rise today to congratulate an outstanding member of the Dallas Women’s Foundation, also women, as in the case of the Horton fam- school in my district that is being honored as an organization that promotes women’s issues ily. Don Horton’s mother and sister, along with a 2013 National Blue Ribbon School. It is a through education, and dedicates much of her many other women, served alongside their pleasure to congratulate Creekside Middle time to teach English to immigrant women. male counterparts, but were never issued for- School in Carmel, Indiana in celebration of this Mr. Speaker, Dr. Garcia deserves great rec- mal documentation for their service aboard special occasion. ognition for her efforts to empower members these vessels because of an order by the War The National Blue Ribbon designation, given of our community. Dr. Garcia demonstrated Shipping Administration. Many male Merchant by the U.S. Department of Education, is tremendous resolve in bringing community-ori- Mariners that operated domestically were also awarded to both public and private schools ented services to Texas, and I am proud to never issued formal documentation or the doc- across our great nation. Started by President recognize her many accomplishments. umentation that was issued is extremely hard Reagan and given annually since 1982, the f to find today because many of these docu- award celebrates great American schools that ments were ordered destroyed by the U.S. achieve very high learning standards or are ESTABLISHING COMMISSION OR Government. making significant improvements in the aca- TASK FORCE TO EVALUATE THE Currently, a certificate of shipping and dis- demic achievements of their students. In my BACKLOG OF DISABILITY charge forms, continuous deck or engine district and across the country, the award rec- CLAIMS logbooks, and shipping company records that ognizes the great educators, students and par- indicate the vessel names and dates of voy- SPEECH OF ents who have worked so hard to ensure Indi- ages are the only documents that are consid- ana’s children reach their full potential and HON. G.K. BUTTERFIELD ered acceptable to determine an individual’s achieve academic success. OF NORTH CAROLINA service in the Merchant Marine. In fact, by For all of these reasons and many more, I IN THE HOUSE OF REPRESENTATIVES order of the Coast Guard Commandant, cap- am so proud that Creekside is receiving this tains of tugboats and seagoing barges were prestigious designation. It is a wonderful ac- Monday, October 28, 2013 relieved of the responsibility of submitting re- knowledgement of the school’s commitment to Mr. BUTTERFIELD. Mr. Speaker, I rise to ports of seamen shipped or discharged. The providing young Hoosiers an exceptional edu- celebrate the passage of H.R. 2189, a bipar- deck or engine logbooks were turned over to cation. While 417 schools nationwide may be tisan bill that among many things will finally the War Shipping Administration and were or- nominated, only 286 are chosen as a National recognize the valiant service of Merchant dered destroyed because they were too ‘‘volu- Blue Ribbon School, making this recognition Mariners that operated domestically during minous to maintain, costly to keep, and rarely all the more impressive. World War II. It has been my honor for the used for research.’’ Shipping company records Since opening ten years ago, Creekside has past three Congresses to introduce legislation grown tremendously and now serves nearly that indicate the vessel names and dates of that would recognize these brave Americans voyages likely never existed because written 1,500 students. Creekside has also consist- and correct an injustice that has remained for ently placed as one of Indiana’s top middle communication relating to the movement of over 70 years. supplies and troops was strictly forbidden by schools. I applaud its administrators and The Merchant Marine were private citizens teachers for their focus on rigorous and rel- U.S. military commanders. employed by freight shipping companies. In an After 70 long years, the passage of H.R. evant curriculum that will help students suc- effort to support the American war effort dur- 2189 finally offers these mariners a chance to ceed in their future endeavors. ing World War II, those same freight shipping receive the recognition they deserve. H.R. As a member of the Education and the companies and their employees became an Workforce Committee, I also want to acknowl- 2189 expands the acceptable forms of docu- auxiliary to the United States Navy. Their mis- mentation used to determine eligible service in edge how important it is to our nation’s future sion was to transport bulk war materials in- to encourage and raise a new generation of the Merchant Marine. The bill allows Social cluding food, clothing, weapons, and even Security Administration records, validated tes- Americans who have the skills and knowledge troops to all areas of conflict and coastal in- to succeed both in and out of the classroom. timony by the applicant or closest living rel- stallations here at home. ative, and other official records that provide Students like those at Creekside give me hope During the World War II war effort, many of that we will accomplish this vital mission. Their sufficient proof of service. these mariners were tasked with the critically Mr. Speaker, estimates show that there are outstanding work is an inspiration to students, important role of transporting materials along educators and parents across the nation. fewer than 2,000 of these mariners surviving the U.S. coast using tugboats and barges. Al- today. It’s time to finally recognize these mari- Once again, congratulations to Creekside. I though these mariners did not sail across the am very proud of you. ners for their service to our country. I want to Atlantic or Pacific Oceans into areas of con- thank my colleagues in the House for sup- f flict, they still encountered the enemy while porting these brave men and women that RECOGNIZING DR. CATALINA delivering cargo that kept the war effort mov- served in the Merchant Marine during World GARCIA ing forward. One tugboat, the Menomonee, War II, and I implore my colleagues in the operating just off the coast of Virginia on Senate to consider this legislation as quickly HON. EDDIE BERNICE JOHNSON March 31st, 1942, was sunk by German U- as possible and support its passage. Boat 754 tragically killing several members of OF TEXAS f the crew. IN THE HOUSE OF REPRESENTATIVES This tragic story has been the impetus for HONORING THE REV. THOMAS E. Tuesday, October 29, 2013 the legislation I have introduced in the past GILMORE Ms. EDDIE BERNICE JOHNSON of Texas. three Congresses to finally honor this small Mr. Speaker, I rise today to recognize Dr. Cat- group of unsung heroes. In fact, a North Caro- HON. TERRI A. SEWELL alina Garcia, an accomplished anesthesiol- linian, Don Horton, whose brother William Lee OF ALABAMA ogist from El Paso, Texas, and one of the first Horton, Jr. was on that tugboat and lost his IN THE HOUSE OF REPRESENTATIVES Mexican-Americans to graduate from the UT life aboard the ship that rescued him from the Southwestern Medical School. Dr. Garcia is ocean and debris, has been the driving force Tuesday, October 29, 2013 being honored as a ‘‘Latina Living Legend’’ by behind this legislative effort. William Lee Hor- Ms. SEWELL of Alabama. Mr. Speaker, I the DFW Hispanic 100, a local service organi- ton, Jr., was 17 at the time of his death while rise today to recognize and celebrate the ex- zation that enables Hispanic women to partici- bravely serving his country. Many members of traordinary contributions of Rev. Thomas E. pate in social issues. Don Horton’s family served on these tugboats Gilmore, a Civil Rights icon and Alabama

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On behalf of the 7th Congressional State in saluting the numerous contributions of ical and critical thinking skills needed to suc- this American hero. District, the State of Alabama and this nation, cessfully provide valued legal representation. Rev. Gilmore was born on May 1, 1941 in I ask my colleagues to join me in honoring the Known for his demanding pursuit of perfection, Forkland, Alabama to Beatrice O’Neal and a life and legacy Rev. Thomas E. Gilmore. Prof. Anderson’s first-year elements course loving grandmother, Clara Gilmore. Through- f out his lifetime, Rev. Gilmore has often cred- and upper-class evidence class were leg- ited his journey of greatness to the unyielding PERSONAL EXPLANATION endary for their reputation as both impossible love of both of these extraordinary women. to master yet required for those desiring to be- Today, he reflects on the passion, wisdom and HON. WILLIAM L. OWENS come formidable advocates. Having perfected Henry Wigmore’s chart method of constructing courage they instilled in him that served as OF NEW YORK arguments about questions of fact in complex cornerstones for his desire to make a dif- IN THE HOUSE OF REPRESENTATIVES ference. cases, using boxes, circles and arrows, Prof. Tuesday, October 29, 2013 Gilmore attended Greene County public Anderson mystified the uninitiated but brought schools and later enrolled in Selma University Mr. OWENS. Mr. Speaker, yesterday, I had enlightenment and depth to the truly dedi- in 1959. Shortly after, he married his child- to tend to a personal matter in Plattsburgh, cated. hood sweetheart, the late Minnie Gilmore, NY. Consequently, I was not able to return to Professor Anderson’s long-time collabora- whom Rev. Gilmore also credited for being a Washington, D.C. in time to vote on H.R. tion with Professor William Twining in Great source of great strength throughout their 35– 2189, a Bill to Improve the Processing of Dis- Britain and the United States redefined the law year partnership. The young couple left Ala- ability Claims by the Department of Veterans of evidence, culminating in a 27–year adven- bama briefly for a move to Los Angeles, but Affairs (rollcall No. 561) and H.R. 2011, the ture with the publication of the critically ac- the native son made the decision to return Veterans’ Advisory Committee on Education claimed Analysis of Evidence. The analytical home in 1963. Improvement Act (rollcall No. 562). As a vet- structure that Prof Anderson developed is not eran and representative of thousands of other Gilmore returned home to an Alabama that confined to legal jurisprudence, as he and was plagued by the perils of racism and injus- veterans, making sure the men and women Prof. Twining are now applying their principles tice. And one evening, as Gilmore was head- who served our Nation have access to the to such varied domains as archeology and the ed to a local gas station to purchase milk for care they deserve is one of my top priorities. applied sciences. his young son, he fell victim to a painful re- Had I been present to vote, I would have minder of the racial turbulence in Greene voted ‘‘yea’’ for both bills. His meticulous attention to detail and per- County. As he drove, Gilmore unknowingly ran f fection has produced a body of work that into a puddle of water and splashed a white stands the test of time. His quick-thinking, state trooper. Assuming that Gilmore was a HONORING PROFESSOR TERENCE crisp and clear arguments, and quick-fire rep- civil rights worker, the trooper retaliated by J. ANDERSON ON THE OCCASION artee has been known to both amaze and pushing Gilmore against a gas pump and forc- OF HIS RETIREMENT AS PRO- confuse, all for the purpose of striking at the ing him to wash his car. At that moment, the FESSOR OF LAW EMERITUS AT core of even the most intractable problems. young minister was led to make a difference THE UNIVERSITY OF MIAMI His students remain passionate, as he is, and he was inspired to find ways to end police SCHOOL OF LAW about evidence, argumentation, and advocacy. brutality. Professor Anderson knows no distinction Gilmore became active in the local civil HON. ALCEE L. HASTINGS between legal theory and practice, following in rights movement and mass meetings and was OF FLORIDA the footsteps of the great legal thinker Karl later recruited by the Rev. James Orange to IN THE HOUSE OF REPRESENTATIVES Llewellyn and his mentor Soia Mentschikoff, work for Dr. Martin Luther King Jr. and the Tuesday, October 29, 2013 both of whom rejected any sharp divide be- Southern Christian Leadership Conference. Under Dr. King’s leadership, Gilmore helped to Mr. HASTINGS of Florida. Mr. Speaker, I tween the two. His skills were much in de- organize and lead voter registration drives. rise today to honor my good friend, Professor mand when, during his 1994–1995 fellowship The impetus for Gilmore’s run for sheriff Terence J. Anderson on the occasion of his at the Netherlands Institute for Advanced stems from his efforts in attempting to file a retirement as Professor of Law Emeritus at the Studies in Wassenaar, he lectured extensively complaint against a local officer that assaulted University of Miami School of Law. Professor on the American criminal process as the world a young black woman. During his attempt, the Anderson is not only one of the most revered focused on the unfolding O.J. Simpson trial. Greene County Sheriff savagely beat Gilmore and respected law professors in the United During that period, Professor Anderson devel- in the district attorney’s office. Shortly after the States, but his legal jurisprudence far exceeds oped an ‘‘audit model’’ that critically analyzed incident, Gilmore and other local civil rights the boundaries of this nation, as his students and explained how the Dutch system of crimi- leaders constructed the idea that he should and his influence span the globe. nal procedure was different from but no less run for sheriff to combat the violence that was Professor Anderson is an intellectual giant as effective as the American adversarial sys- brewing in Greene County, Selma and sur- in the law and over the course of his career tem. rounding areas. has demonstrated acute success as a prac- Through nearly 50 years as a gifted lawyer, At the age of 24, this young warrior ticing lawyer, an international courts commis- advocate, professor, public servant, commu- launched his first campaign for sheriff in 1966. sioner, and an academic dean. His knowledge nity conscience, international observer, family Today, he describes his candidacy as ‘‘un- of constitutional law is renown, and he has be- man, and legend, Terry Anderson has been a heard of.’’ While he was unsuccessful on his come not only a trusted advisor to me gift to the law and the legions of lawyers who throughout my legal career, but a good friend, first attempt, he was elected four years later. owe their skills and successes to him. In ways too. He served as Sheriff of Greene County from both monumental and profound, Terry Ander- 1971–1983. When asked what it was like to Since he joined the Law School faculty at son has changed for the better the course of be a trailblazer, this humble servant simply re- the University of Miami in 1976 as a prized the law and legal education in the United plied ‘‘I thought about being the best sheriff I professorial recruit of the late Soia States and beyond. He truly represents the could be . . . I thought about walking tall.’’ Mentschikoff, then-Dean of the Law School, During his influential tenure, Gilmore be- Professor Anderson has been an indelible in- best of the American legal system. came known as ‘‘The Sheriff Without A Gun.’’ fluence on virtually every aspect of law stu- Mr. Speaker, on the occasion of his Cele- Led by the nonviolent teachings he learned dent and faculty life. Upon graduating from the bration of A Life of the Law at the University during his time as a civil rights activist, Gil- University of Chicago Law School in 1964, he of Miami School of Law on November 7, 2013, more endeavored to govern through the use of served for two years as a regional courts com- I am proud to recognize his outstanding leg- non-violence. Gilmore retired as Sheriff in missioner in Malawi, Africa as a member of acy that will remain for all time an important 1983 and relocated to Birmingham to serve as the Peace Corps, practiced commercial and component of the history of the United States Pastor of First Baptist Church in Ensley, AL. corporate transactional law for seven years in of America.

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According to ing for children, a number of working-age Tuesday, October 29, 2013 some estimates, just 25 percent of the funding adults face other demands on their time such Mr. PASCRELL. Mr. Speaker, I rise as we allocated for housing programs has gone out as caring for an aging parent. To meet the recognize the anniversary of Hurricane Sandy, the door to those in need. needs of a modern workforce, many compa- which made landfall in New Jersey one year With the next round of Community Develop- nies have created work-life programs to assist ago today. ment Block Grant—Disaster Recovery funding employees in balancing their jobs with their By now, we all know that Sandy was a on the way for the regions impacted, I will be personal commitments. storm of epic proportions. In New Jersey, fighting to ensure that these critical aid dollars Studies show that both employees and em- 357,000 homes were damaged or destroyed, go towards addressing our outstanding needs ployers benefit from work-life flexibility pro- and 2.7 million households were left without and priorities quickly and efficiently. grams. Benefits from such programs include power—some for weeks. Sandy taught us how utterly vulnerable we increased productivity, recruitment, retention, We pause to remember the over 3 dozen are when disaster strikes—a lesson we cannot and employee satisfaction. Work-life initiatives New Jerseyans tragically killed by the storm. It soon forget. lead to better business, higher employee mo- is only thanks to the heroic efforts of our first As we continue to rebuild for the long term, rale, and healthier families. responders that many more were saved from we need to focus on finding solutions which In today’s economy, public and private em- the rising waters. will make our communities more resilient to ployers, including our government, are finding As media coverage focused on the destruc- better protect us from future storms. it is not only necessary, but beneficial to sup- tion to shore communities, inland towns along We must also work towards reducing our port work-life balance. With this in mind, I the Hackensack River in Northern New Jersey carbon emissions in order to slow the warming have introduced the ‘Paid Vacation Act’ (H.R. were also being inundated by floodwaters of our climate, which is driving stronger 2096) to provide workers one week of paid The towns of Little Ferry and Moonachie in storms, sea level rise, and more severe leave annually under the Fair Labor Standards Bergen County were particularly hard hit. weather. Act (FLSA). My bill would provide much need- About 90 percent of the homes there were As we move into the second year of our reed time off to the one in four Americans, work- damaged or destroyed. covery efforts, I urge my colleagues to stay ing in the private sector, who do not receive Over $19.6 million in Individual Assistance firm in their resolve to support us in the work any paid vacation. from FEMA has been awarded in my district, we still have ahead of us. Today’s employees work longer and harder including $9.3 million in Little Ferry and $6.2 f than ever before. I strongly support policies, million in Moonachie—two working class like paid vacation leave and sick leave, that towns with a combined population of just over RECOGNIZING NATIONAL WORK allow workers to spend more time with their 13,000. AND FAMILY MONTH families, improve their mental and physical We have come far over the past year, but health, and ultimately be more productive. We we still have a long way to go moving forward. HON. ALAN GRAYSON in Congress must take National Work and Moonachie’s Borough Hall, which houses OF FLORIDA Family Month as an opportunity to consider the municipal government and public safety IN THE HOUSE OF REPRESENTATIVES how to better promote work-life programs and department, is still operating out of temporary policies that will benefit working families. trailers. Tuesday, October 29, 2013 This October, in honor of National Work and In Little Ferry, many homeowners were only Mr. GRAYSON. Mr. Speaker, I rise today in Family Month, I encourage my colleagues to recently informed that after spending thou- honor of National Work and Family Month. As acknowledge the positive impacts of a healthy sands on repairs, the extent of the damage a father of five, I understand the constant work-life balance on family life and the work- was severe enough that their homes would struggle faced by American families to balance force.

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Diaz, National Council of La Raza, both of Wash- a hearing to examine ‘‘Stand Your Ground’’ laws, fo- ington, DC; and Alys Cohen, National Consumer cusing on civil rights and public safety implications Law Center, Takoma Park, Maryland. of the expanded use of deadly force, after receiving BROADBAND ADOPTION testimony from Representatives Fudge, Gutierrez, and Gohmert; David LaBahn, Association of Pros- Committee on Commerce, Science, and Transportation: Sub- committee on Communications, Technology, and the ecuting Attorneys, and Ilya Shapiro, Cato Institute, Internet concluded a hearing to examine broadband both of Washington, DC; Ronald S. Sullivan Jr., adoption, after receiving testimony from former Sen- Harvard Law School, Cambridge, Massachusetts; ator John E. Sununu, Broadband for America, and John R. Lott, Jr., Crime Prevention Research Center, Aaron Smith, Pew Research Center’s Internet Swarthmore, Pennsylvania; Sybrina Fulton, Miami, Project, both of Washington, DC; David L. Cohen, Florida; and Lucia Holman McBath, Atlanta, Geor- Comcast Corporation, Philadelphia, Pennsylvania; gia. Bernadine Joselyn, Blandin Foundation, Grand Rap- ids, Minnesota; and Sunne Wright McPeak, Cali- INTELLIGENCE fornia Emerging Technology Fund, San Francisco. Select Committee on Intelligence: Committee held closed STAND YOUR GROUND LAWS hearings on intelligence matters, receiving testimony from officials of the intelligence community. Committee on the Judiciary: Subcommittee on the Con- stitution, Civil Rights and Human Rights concluded Committee recessed subject to the call. h House of Representatives Distinguished Flying Cross National Memorial Chamber Action Act: H.R. 330, to designate a Distinguished Flying Public Bills and Resolutions Introduced: 19 pub- Cross National Memorial at the March Field Air lic bills, H.R. 3361–3379; and 2 resolutions, H. Museum in Riverside, California; and Pages H6853–54 Res. 393–394, were introduced. Pages H6900–01 Lake Hill Administrative Site Affordable Hous- Additional Cosponsors: Pages H6902–03 ing Act: H.R. 2337, to provide for the conveyance Reports Filed: There were no reports filed today. of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. Pages H6854–55 Speaker: Read a letter from the Speaker wherein he appointed Representative Collins (NY) to act as Retail Investor Protection Act: The House passed Speaker pro tempore for today. Page H6831 H.R. 2374, to amend the Securities Exchange Act of 1934 to provide protections for retail customers, by Recess: The House recessed at 10:42 a.m. and re- a recorded vote of 254 ayes to 166 noes, Roll No. convened at 12 noon. Page H6836 567. Pages H6855–69, H6869–72 Chaplain: The prayer was offered by the guest chap- Rejected the Tierney motion to recommit the bill lain, Reverend Jack Hibbs, Calvary Chapel Chino to the Committee on Education and the Workforce Hills Church, Chino, California. Page H6836 and the Committee on Financial Services with in- Suspensions: The House agreed to suspend the rules structions to report the same back to the House and pass the following measures: forthwith with an amendment, by a recorded vote of 195 ayes to 223 noes, Roll No. 566. Pages H6869–71 Central Oregon Jobs and Water Security Act: Pursuant to the rule, an amendment in the nature H.R. 2640, to amend the Wild and Scenic Rivers of a substitute consisting of the text of Rules Com- Act to adjust the Crooked River boundary and to mittee Print 113–23 shall be considered as adopted, provide water certainty for the City of Prineville, in lieu of the amendment in the nature of a sub- Oregon; Pages H6850–52 stitute recommended by the Committee on Financial Alaska Native Tribal Health Consortium Land Services now printed in the bill. Page H6855 Transfer Act: H.R. 623, amended, to provide for Rejected: the conveyance of certain property located in An- George Miller (CA) amendment (printed in H. chorage, Alaska, from the United States to the Alas- Rept. 113–253) that sought to authorize the Depart- ka Native Tribal Health Consortium; Pages H6852–53 ment of Labor to issue a fiduciary duty rule that

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ROADMAP FOR INCREASING OUR WATER 2026, the ‘‘Silviculture Regulatory Consistency Act AND HYDROPOWER SUPPLIES: THE NEED of 2013’’. The following bill was ordered reported, FOR NEW AND EXPANDED MULTI- as amended: H.R. 3300. The following bills were or- PURPOSE SURFACE STORAGE FACILITIES dered reported, without amendment: H.R. 2026; Committee on Natural Resources: Subcommittee on H.R. 311; and H.R. 935. Water and Power held a hearing entitled ‘‘A Road- STATUS OF THE AFFORDABLE CARE ACT map for Increasing our Water and Hydropower Sup- IMPLEMENTATION plies: The Need for New and Expanded Multi-Pur- pose Surface Storage Facilities’’. Testimony was heard Committee on Ways and Means: Full Committee held from Derek Sandison, Director, Office of Columbia a hearing entitled ‘‘Status of the Affordable Care Act River, Washington State Department of Ecology; Implementation’’. Testimony was heard from and public witnesses. Marilyn Tavenner, Administrator, Centers for Medi- care and Medicaid Services, Department of Health MISCELLANEOUS MEASURE and Human Services. Committee on Oversight and Government Reform: Full Committee held a markup on the following legisla- NSA PROGRAMS tion: H.R. 3345, the ‘‘Stop Unworthy Spending Act House Permanent Select Committee on Intelligence: Full of 2013’’; H.R. 3316, the ‘‘Grant Reform and New Committee held a hearing entitled ‘‘NSA Programs’’. Transparency Act of 2013’’; H.R. 2860, the ‘‘OPM Testimony was heard from James Clapper, Director, IG Act of 2013’’; H.R. 3343, to amend the District National Intelligence; James Cole, Deputy Attorney of Columbia Home Rule Act to clarify the rules re- General, Department of Justice; General Keith Alex- garding the determination of the compensation of ander, Director, National Security Agency/Chief, the Chief Financial Officer of the District of Colum- Central Security Service and Commander, U.S. Cyber bia. The following bills were ordered reported with- Command; Chris Inglis, Deputy Director, National out amendment: H.R. 2860; H.R. 3343; H.R. 3345; Security Agency; and public witnesses. and H.R. 3316. EPA POWER PLANT REGULATIONS Joint Meetings Committee on Science, Space, and Technology: Sub- No joint committee meetings were held. committee on Environment; and Subcommittee on f Energy held a hearing entitled ‘‘EPA Power Plant Regulations: Is the Technology Ready?’’. Testimony COMMITTEE MEETINGS FOR WEDNESDAY, was heard from public witnesses. OCTOBER 30, 2013 COAST GUARD AND MARITIME (Committee meetings are open unless otherwise indicated) TRANSPORTATION AUTHORIZATION Senate ISSUES Committee on Banking, Housing, and Urban Affairs: Sub- Committee on Transportation and Infrastructure: Sub- committee on Securities, Insurance, and Investment, to committee on Coast Guard and Maritime Transpor- hold hearings to examine the ‘‘JOBS Act’’ at a year and tation held a hearing entitled ‘‘Coast Guard and a half, focusing on assessing progress and unmet opportu- Maritime Transportation Authorization Issues’’. Tes- nities, 10 a.m., SD–538. Committee on Finance: to hold hearings to examine the timony was heard from Representative Barr; Rear Transatlantic Trade and Investment Partnership, 11 a.m., Admiral Frederick J. Kenney, Judge Advocate Gen- SD–215. eral, United States Coast Guard; Mario Cordero, Committee on Health, Education, Labor, and Pensions: busi- Chairman, Federal Maritime Commission; Michael ness meeting to consider S. 1562, to reauthorize the Shapiro, Principal Deputy Assistant Administrator, Older Americans Act of 1965, S. 1557, to amend the Office of Water, Environmental Protection Agency; Public Health Service Act to reauthorize support for graduate medical education programs in children’s hos- and Mark R. Rosekind, Board Member, National pitals, S. 1561, to amend the Public Health Service Act Transportation Safety Board. to improve provisions relating to the sanctuary system for MISCELLANEOUS MEASURES surplus chimpanzees, H.R. 2094, to amend the Public Health Service Act to increase the preference given, in Committee on Transportation and Infrastructure: Full awarding certain asthma-related grants, to certain States Committee held a markup on the following legisla- (those allowing trained school personnel to administer ep- tion: H.R. 3300, the ‘‘FEMA Reauthorization Act of inephrine and meeting other related requirements), S. 1302, to amend the Employee Retirement Income Secu- 2013’’; H.R. 311, the ‘‘Farmers Undertake Environ- rity Act of 1974 and the Internal Revenue Code of 1986 mental Land Stewardship Act’’; H.R. 935, the ‘‘Re- to provide for cooperative and small employer charity ducing Regulatory Burdens Act of 2013’’; and H.R. pension plans, H.R. 2747, to amend title 40, United

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States Code, to transfer certain functions from the Gov- Committee on the Judiciary, Over-Criminalization Task ernment Accountability Office to the Department of Force, meeting entitled ‘‘Regulatory Crime: Identifying Labor relating to the processing of claims for the payment the Scope of the Problem’’, 9:30 a.m., 2237 Rayburn. of workers who were not paid appropriate wages under Committee on Natural Resources, Full Committee, markup certain provisions of such title, and the nominations of on the following legislation: H.R. 298, to direct the Sec- Michael Keith Yudin, of the District of Columbia, to be retary of the Interior to conduct a special resource study Assistant Secretary for Special Education and Rehabilita- to evaluate the significance of the Mill Springs Battlefield tive Services, and James Cole, Jr., of New York, to be located in Pulaski and Wayne Counties, Kentucky, and General Counsel, both of the Department of Education, the feasibility of its inclusion in the National Park Sys- and Chai Rachel Feldblum, of the District of Columbia, tem, and for other purposes; H.R. 585, the ‘‘Anchorage to be a Member of the Equal Employment Opportunity Land Conveyance Act of 2013’’; H.R. 1308, the ‘‘Endan- Commission, and any pending nominations, 9:15 a.m., gered Salmon and Fisheries Predation Preservation Act’’; SD–430. H.R. 1846, the ‘‘Lower East Side Tenement National Committee on Indian Affairs: business meeting to con- Historic Site Amendments Act’’; H.R. 2798, to amend sider S. 235, to provide for the conveyance of certain Public Law 106–206 to direct the Secretary of the Inte- property located in Anchorage, Alaska, from the United rior and the Secretary of Agriculture to require annual States to the Alaska Native Tribal Health Consortium, S. 611, to make a technical amendment to the T’uf Shur permits and assess annual fees for commercial filming ac- Bien Preservation Trust Area Act, and S. 920, to allow tivities on Federal land for film crews of 5 persons or the Fond du Lac Band of Lake Superior Chippewa in the fewer; H.R. 2799, to establish the Wildlife and Hunting State of Minnesota to lease or transfer certain land; to be Heritage Conservation Council Advisory Committee to immediately followed by a hearing to examine S. 1074, advise the Secretaries of the Interior and Agriculture on to extend Federal recognition to the Chickahominy Indian wildlife and habitat conservation, hunting, recreational Tribe, the Chickahominy Indian Tribe-Eastern Division, shooting, and for other purposes; and H.R. 2954, to au- the Upper Mattaponi Tribe, the Rappahannock Tribe, thorize Escambia County, Florida, to convey certain prop- Inc., the Monacan Indian Nation, and the Nansemond In- erty that was formerly part of Santa Rosa Island National dian Tribe, S. 1132, to provide for the recognition of the Monument and that was conveyed to Escambia County Lumbee Tribe of North Carolina, and S. 161, to extend subject to restrictions on use and reconveyance; 10 a.m., the Federal recognition to the Little Shell Tribe of Chip- 1324 Longworth. pewa Indians of Montana, 2:30 p.m., SD–628. Committee on Oversight and Government Reform, Full Com- Committee on the Judiciary: to hold hearings to examine mittee, hearing entitled ‘‘A Culture of Mismanagement the nominations of John B. Owens, of California, to be and Wasteful Conference Spending at the Department of United States Circuit Judge for the Ninth Circuit, Mat- Veterans Affairs’’, 9:30 a.m., 2154 Rayburn. thew Frederick Leitman, Judith Ellen Levy, Laurie J. Committee on Science, Space, and Technology, Subcommittee Michelson, and Linda Vivienne Parker, all to be a United on Energy, hearing entitled ‘‘Providing the Tools for Sci- States District Judge for the Eastern District of Michigan, entific Discovery and Basic Energy Research: The Depart- and Peter Joseph Kadzik, of New York, to be an Assist- ment of Energy Science Mission’’, 9:30 a.m., 2318 Ray- ant Attorney General, Department of Justice, 2:30 p.m., burn. SD–226. Committee on Transportation and Infrastructure, Sub- Committee on Veterans’ Affairs: to hold hearings to exam- committee on Aviation, hearing entitled ‘‘Review of ine pending health care and benefits legislation, 2 p.m., FAA’s Certification Process: Ensuring an Efficient, Effec- SR–418. tive, and Safe Process’’, 10 a.m., 2167 Rayburn. House Committee on Veterans’ Affairs, Subcommittee on Dis- Committee on Energy and Commerce, Full Committee, ability Assistance and Memorial Affairs, hearing entitled hearing entitled ‘‘PPACA Implementation Failures: An- ‘‘Focused Issues on Dignified Burials: A National Ceme- swers from HHS’’, 9 a.m., 2123 Rayburn. tery Update’’, 10 a.m., 334 Cannon. Committee on Foreign Affairs, Subcommittee on Europe, Joint Meetings Eurasia, and Emerging Threats, hearing entitled ‘‘China’s Maritime and other Geographic Threats’’, 10 a.m., 2255 Conference: meeting of conferees on S. Con. Res. 8, set- Rayburn. ting forth the congressional budget for the United States Subcommittee on the Middle East and North Africa; Government for fiscal year 2014, revising the appropriate and Subcommittee on Africa, Global Human Rights, and budgetary levels for fiscal year 2013, and setting forth International Organizations, hearing entitled ‘‘Estab- the appropriate budgetary levels for fiscal years 2015 lishing a Syrian War Crimes Tribunal?’’, 1:30 p.m., 2172 through 2023, 10 a.m., HC–5, Capitol. Rayburn. Commission on Security and Cooperation in Europe: to re- Committee on Homeland Security, Subcommittee on Emer- ceive a briefing on the U.S. Civil Rights Movement, fo- gency Preparedness, Response, and Communications; and cusing on how the movement has impacted Europe and Subcommittee on Cybersecurity, Infrastructure Protection, the continuing work of the United States in advancing and Security Technologies, hearing entitled ‘‘Cyber Inci- human rights for minorities in Europe, 2 p.m., 2255, dent Response: Bridging the Gap Between Cybersecurity Rayburn Building. and Emergency Management’’, 10 a.m., 311 Cannon. Conference: meeting of conferees on H.R. 2642, to pro- Subcommittee on Oversight and Management Effi- vide for the reform and continuation of agricultural and ciency, hearing entitled ‘‘Facility Protection: Implications other programs of the Department of Agriculture through of the Navy Yard Shooting on Homeland Security’’, 9:30 fiscal year 2018, 2:30 p.m., 1100, Longworth Building. a.m., 210 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 30 10 a.m., Wednesday, October 30

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. 992— ation of the nomination of Alan F. Estevez, of the Dis- Swaps Regulatory Improvement Act trict of Columbia, to be a Principal Deputy Under Sec- (Subject to a Rule). retary of Defense, and vote on the motion to invoke cloture on the nomination at approximately 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E1592 Miller, Gary G., Calif., E1592 Grayson, Alan, Fla., E1598 Moran, James P., Va., E1593 Bishop, Sanford D., Jr., Ga., E1592 Hastings, Alcee L., Fla., E1597 Nunnelee, Alan, Miss., E1590 Brady, Robert A., Pa., E1594 Johnson, Eddie Bernice, Tex., E1590, E1593, E1594, Beto O’Rourke, Tex., E1594 Brooks, Susan W., Ind., E1592, E1594, E1596 E1595, E1596 Owens, William L., N.Y., E1597 Bustos, Cheri, Ill., E1589 Kilmer, Derek, Wash., E1591 Butterfield, G.K., N.C., E1596 Kind, Ron, Wisc., E1595 Pascrell, Bill, Jr., N.J., E1598 Coffman, Mike, Colo., E1595 King, Peter T., N.Y., E1590 Rangel, Charles B., N.Y., E1593 Enyart, William L., Ill., E1594 Kinzinger, Adam, Ill., E1589 Rogers, Harold, Ky., E1589 Frankel, Lois, Fla., E1591 Latham, Tom, Iowa, E1590 Schwartz, Allyson Y., Pa., E1592, E1593 Garamendi, John, Calif., E1589 Marchant, Kenny, Tex., E1593 Sewell, Terri A., Ala., E1596 Gardner, Cory, Colo., E1595 Marino, Tom, Pa., E1595

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