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, WEDNESDAY, APRIL 17, 2013 No. 52 House of Representatives The House met at 10 a.m. and was Now is the time to choose the budget and their families. When he served for called to order by the Speaker. that reflects our American values. The 10 years as my legislative director, f American people and future genera- John was instrumental in crafting the tions of Americans deserve a balanced Federal Employee Pay Comparability MORNING-HOUR DEBATE budget. Act and in making sure Congress The SPEAKER. Pursuant to the f passed it into law. Mr. Speaker, that order of the House of January 3, 2013, was a bipartisan law, and it was Presi- the Chair will now recognize Members JOHN BERRY dent George Bush I who signed that from lists submitted by the majority The SPEAKER pro tempore (Mr. COL- piece of legislation into law in 1990. and minority leaders for morning-hour LINS of New York). The Chair recog- In that undertaking and in many oth- debate. nizes the gentleman from Maryland ers, John Berry made a real difference The Chair will alternate recognition (Mr. HOYER) for 5 minutes. for the more than 62,000 Federal work- between the parties, with each party Mr. HOYER. Preliminary, however, ers and everyone else who calls my dis- limited to 1 hour and each Member to my remarks, I want to say I thank trict home. Just as we look to our Fed- other than the majority and minority the previous speaker for his remarks, eral workers to watch out for us, our leaders and the minority whip limited and I would hope that with the Sen- Federal employees have looked to John to 5 minutes each, but in no event shall ate’s having passed a budget, our hav- to watch out for them—to make sure debate continue beyond 11:50 a.m. ing passed a budget, and the President that they have a safe work environment, that their paychecks will arrive f submitting a budget that we will now, hopefully as soon as this week, go to on time, and that the benefits they THE AMERICAN PEOPLE DESERVE conference so that we might discuss earn are the ones they receive. A BALANCED BUDGET the differences and get that budget to Under President Clinton, John served The SPEAKER. The Chair recognizes which the gentleman addressed him- as deputy Assistant Secretary and acting Assistant Secretary for Law En- the gentleman from Virginia (Mr. self. forcement at the Treasury Depart- HURT) for 5 minutes. Mr. Speaker, I rise today to pay trib- ment, overseeing the United States Se- Mr. HURT. Mr. Speaker, the Amer- ute to a wonderful individual who has cret Service and the Bureau of Alcohol, ican people know that a budget is one served our country in government serv- Tobacco and Firearms. He later moved of the most important documents pro- ice for many years and has spent the to the Interior Department where he duced by any legislative body. It is a last four in overseeing our Federal was Assistant Secretary for Policy, document that reflects the values and workforce as the Director of the Office Management and Budget, essentially priorities of our government and our of Personnel Management. I am speak- the manager of the Department of the Nation; and while it is a document that ing of my dear friend John Berry, who Interior. is a reflection of today, more impor- retired last week as Director of the Of- Before coming to the Office of Per- tantly, it is a document that lays out a fice of Personnel Management. sonnel Management, John spent nearly vision for our Nation’s future—the fu- America, Mr. Speaker, is blessed with a decade working on conservation as ture for our children and the future a Federal workforce composed of hard- Director of the Fish and Wildlife Foun- that they will inherit. working, talented, and dedicated men dation. Then, arguably, the job he per- So now, for the first time in 4 years, and women. Too often, however, their haps enjoyed most was that of Director the American people are able to com- contributions are overlooked or are of the National Zoo. At the National pare, side by side, the three competing even denigrated by those who would Zoo, he was so successful at turning visions for our future as proposed by use our Federal employees as an easy around a faltering institution that the House, as proposed by the Senate, target to attack the institution of gov- after he left they named a lion in his and as proposed by the President. Two ernment. honor. of these proposals would give to our John Berry made it one of his central John, indeed, was a lion—a lion on children more taxes, more spending— missions at OPM to stand up for Fed- behalf of the Federal employees, a lion and neither ever reaches balance. eral workers’ achievements and remind on behalf of good government, a lion on There is only one proposal, the House the American people of the true value behalf of integrity. Those who know budget, that would instead give to our we get from recruiting and retaining John can attest that he is not only a children a balanced budget and a the best public workforce in the world. true leader and an effective manager brighter future of freedom and oppor- He came to OPM with plenty of experi- but also an incredibly warm person tunity. ence in fighting for Federal employees with an unfailingly positive outlook.

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

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VerDate Mar 15 2010 01:50 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.000 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2070 CONGRESSIONAL RECORD — HOUSE April 17, 2013 John Berry will be greatly missed by generation of veterans receives the greatest gifts each of us can give our all who serve our country in its civil- support and timely access to health families is to have a thoughtful and ian workforce, and I wish John and his care that they have so honorably frank discussion about what our wishes partner, Curtis, all the best as he be- earned. would be for medical care if we’re un- gins the next phase in his career. f able to suddenly make those decisions. I hope my colleagues will join me in It’s also one of the greatest gifts that thanking John for his service, for his b 1010 this Congress can make to the people leadership, for his insights, for his in- END-OF-LIFE CARE we represent by doing our job so that spiration, and for being an example to the Federal Government is a better all of us of a positive, constructive, The SPEAKER pro tempore. The partner in making sure those conversa- supportive, and successful career in Chair recognizes the gentleman from tions are possible. Federal service. Oregon (Mr. BLUMENAUER) for 5 min- Please cosponsor our bipartisan Per- Mr. Speaker, our country has been utes. sonalize Your Care Act, H.R. 1173, and the beneficiary of his character, integ- Mr. BLUMENAUER. Mr. Speaker, then sit down and have this conversa- rity, and extraordinary ability. We Monday in the blink of an eye, hun- tion with your family. It’s not always wish him well in all that he will be dreds of people at the Boston Marathon the easiest, but it is far better than doing. I’m sure it will be extraor- were faced with an awful decision. making your loved ones guess and feel dinarily productive and of service to None of them woke up that morning guilty. expecting they, or a loved one, was our country as he moves on from Fed- f eral service at the OPM to a new chal- going to need emergency care in a life- lenge and a new career. threatening situation. We tend to PATH TO STATEHOOD think of end-of-life care as the province f The SPEAKER pro tempore. The of a terminally ill person, often elder- Chair recognizes the gentleman from THE VETERANS TIMELY ACCESS ly, but that’s just one circumstance, Puerto Rico (Mr. PIERLUISI) for 5 min- TO HEALTH CARE ACT and not necessarily the most common. utes. The SPEAKER pro tempore. The The decisions need to be made in- Mr. PIERLUISI. Mr. Speaker, in No- Chair recognizes the gentleman from stantly about whether to amputate a vember 2012, Puerto Rico held a ref- Florida (Mr. ROSS) for 5 minutes. limb, and a decision must be made that erendum on its political status. The re- Mr. ROSS. Yesterday, I had the dis- moment. If a person is in shock or un- sults demonstrated that a clear major- tinguished opportunity to greet three conscious, who helps make that deci- ity of the U.S. citizens of Puerto Rico busloads of Florida World War II vet- sion for them? want to end the island’s current terri- erans participating in an Honor Flight. Last week, I had two more cir- tory status, that a supermajority pre- In total, more than 80 proud Florid- cumstances where people in my life fers statehood among the possible al- ians who bravely fought to free the were faced with totally unexpected ternatives, and that—for the first time world of evil during World War II had life-threatening circumstances that in history—more voters favor state- the wonderful opportunity to visit and brought these questions into sharp per- hood than the current status. reflect at their memorial. As the son of spective. Anybody, anywhere, any As I have remarked before, not a sin- a World War II veteran, I was blessed time. How do we make sure that these gle one of my stateside colleagues in to have the opportunity to join my fa- decisions, which are made every day in Congress would accept territory status ther as he participated in a previous every State in virtually every city, are for their own constituents. So they Honor Flight just 2 years ago. Al- made in accordance with the best in- must recognize and respect that the though he has since passed on, I know terest and wishes of the patient and American citizens of Puerto Rico no he truly cherished this great experi- the patient’s family? longer accept it either. I also trust ence. I’ve been working for the last 5 years that my colleagues who represent American veterans are the backbone for the Federal Government to be a States will credit my constituents for of the freedom and prosperity this better partner with families. It’s called aspiring to have the same rights and country has enjoyed for over 200 years. end-of-life care, and the Federal Gov- responsibilities as their constituents. Without their service, we would not be ernment, the Department of Health Last week, the President took an im- the Nation we are today. We would not and Human Services, and Congress are portant step. As part of the proposed enjoy the privileges of this democ- missing in action. Medicare will spend budget the administration submitted racy—the greatest experiment in gov- billions of dollars on the most expen- to Congress, the Justice Department is ernment known to mankind. Unfortu- sive, invasive, painful, and in some seeking $2.5 million to conduct the nately, veterans across the country cases, if not unnecessary, at least ques- first Federally sponsored vote on Puer- continue to encounter unacceptable tionable care, often regardless of the to Rico’s political status in the 115 problems and delays in receiving ap- wishes of the patient and their family. years that the territory has been under pointments from the Veterans Admin- Yet Medicare won’t pay $100 or $200 for the U.S. flag. The funding would be istration for essential medical and spe- that medical professional to have a granted to Puerto Rico’s Elections cialty health care needs. conversation with the patient and their Commission to conduct objective voter That is why I am proud to introduce family. education and a vote on ‘‘options that H.R. 241, the Veterans Timely Access It’s time for us to step up. We need to would resolve Puerto Rico’s future po- to Health Care Act. make sure that we clear up the ques- litical status.’’ This legislation, supported by the tions in everyone’s minds about the Key congressional leaders in the Military Officers Association of Amer- choices, the consequences, what the pa- House and the Senate, Republican and ica, will ensure that veterans seeking tient and the family want, and most Democrat alike, have already issued medical care from the VA facility re- critically, make sure those wishes are statements of support for the Presi- ceive an appointment within 30 days. honored. Like my friend, whose heart dent’s action, calling it an appropriate Moving forward, this legislation will go stopped this weekend, totally unex- response to the local referendum. a long way in ensuring veterans’ crit- pectedly, we don’t know when or where Mr. Speaker, my constituents may ical medical needs no longer slip a loved one will be in this position. But not have a vote in the government that through the cracks of the system. there’s no excuse we don’t do every- makes their national laws, but they do As I continue to reflect on the proud thing we can to help families and en- have a voice—and they made that voice history and service of the many World courage everyone that is close to us, heard loud and clear in November. A War II veterans like my good friend that works with us, to take their own budget reflects one’s priorities and val- Charlie Clark, with whom I visited yes- steps to identify who speaks for them ues. I support the President’s budget terday and whom I had the pleasure of when they can’t, and what they want because it shows respect for the demo- knowing for several years as a member to happen. cratically expressed aspirations of the of the local YMCA, I will also look for- This is personal for me. I had these U.S. citizens who reside in Puerto Rico. ward to ensuring that our youngest jarring reminders that one of the And it demonstrates a clear desire to

VerDate Mar 15 2010 01:50 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.001 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2071 move forward on this complex but crit- us strong as a Nation is the tremen- her commitment to what she called ical issue. dous care we have for our fellow Ameri- doing the Lord’s work on this Earth. As the budget request states, the cans, especially during the hardest She was a woman who understood Federally sponsored vote is to be times. This is a lesson that I learned that she had to have a comprehensive among options that would resolve deeply from my friend and mentor, agenda. It just couldn’t be a single Puerto Rico’s political status. The only Maudelle Shirek. Maudelle died last issue like health care or seniors or way to resolve the island’s status is week at the age of 101. She would have peace and justice, but it had to be through statehood or national sov- been 102 June 18. My heart and my about being committed to comprehen- ereignty. Puerto Rico cannot resolve prayers go out to her friends and fam- sive and positive changes that seek to its status by maintaining the same un- ily. improve the lives of all Americans. democratic status that my people have Maudelle worked at the Berkeley Co- b 1020 endured since 1898 and that they sound- Op Credit Union. She engaged all of us, ly rejected in November. The current Maudelle was truly the ‘‘godmother in the seventies, mind you, in financial status is the root cause of Puerto of East Bay progressive politics.’’ The literacy, and urged me, as a young sin- Rico’s political, economic, and social former city of Berkeley vice mayor and gle student to buy a house because she problems, so it cannot also be the solu- eight-term council member was born reminded me over and over again that tion to those problems. and raised in Jefferson, Arkansas. As one’s equity in one’s home was the pri- In addition, the budget language the granddaughter of slaves, she was mary path to the middle class, and clearly states that the Department of passionate about justice and civil that that was the main way that I Justice shall not provide funding until rights. could get the resources to take care of it certifies that the ballot and voter After moving to Berkeley in the my kids and send them to school, a les- education materials are consistent 1940s, she became active in the antiwar son we should teach our own children with the Constitution, basic laws, and movement, fought on behalf of unions, today. policies of the United States. The pur- advocated for HIV and AIDS aware- Several years ago, I tried to name pose of this language is to ensure that ness, care, and treatment, and helped the Berkeley Post Office after the ballot does not include impossible organize the Free Mandela Movement. Maudelle. While this body has a tradi- status proposals that have been repeat- She was also the first elected official in tion of supporting post office bills in a edly declared unworkable as a matter the United States to advocate for nee- bipartisan way, Congressman STEVE of both law and policy by the Federal dle exchange programs. KING from Iowa came to this floor and Government. I am pleased that the ad- During her tenure as a Berkeley tried to tarnish her character. He ministration understands that true elected official, she was instrumental brought groundless accusations, and self-determination is a choice among in creating multiple city commissions, this body voted against—mind you, options that can be implemented, not including the Berkeley Commission on against—naming the post office in my an exercise in wishful thinking. Labor. When she retired, mind you, at district after this great icon. I hope The President’s request represents 92 years of age, she was the oldest one day, in her memory, Representa- one path forward, but it is important elected official in California at that tive KING will apologize to Maudelle to underscore that it is not the only time. In 2007, the Berkeley City Coun- and her family and the city of Berkeley path forward. In the coming weeks, I cil renamed city hall in her honor. for such an unfair and unwarranted at- will introduce stand-alone legislation She not only urged me to get in- tack. She was deeply hurt by it, but on the status issue that will both com- volved in politics, but also inspired my kept her head high and lived to see the plement President Obama’s request and predecessor, Congressman Ron Del- Berkeley City Hall named after her. reflect the undisputable fact that lums, to run for Congress. Her under- Maudelle refused to accept arbitrary statehood won the November ref- standing of the importance of investing limitations. That’s one of the best erendum. in people won the solid support of vot- things we all respected about her. Puerto Rico stands in a far different ers in her district and across the coun- Maudelle is one of the best examples of place today than it did six months ago. try. how one person can make a difference. A historic referendum was held, the I met Maudelle in the early seventies She was a fearless and inspirational President responded to the results, and while I was a student at Mills College. woman who tirelessly fought to make Congress now has a responsibility to She widened my perspective on global this world a fair and just place. She act. Those who seek democracy, equal- politics during our travels around the spoke for the voiceless and was such a ity, and progress for Puerto Rico are world. She reinforced the idea that we staunch defender of our basic civil on the forward march, while those who are all part of a global family and what rights. support the failed status quo are in re- happens here in the United States af- I believe, like many, that Maudelle’s treat. We drive the debate, while they fects our brothers and sisters in other legacy of over 70 years of service to merely react to the debate. And, in the parts of the world and vice versa. Berkeley, the East Bay, the Nation, end, mindful that the arc of history is Maudelle was a personal friend, men- and the world will inspire many to long but that it bends towards justice, tor, and confidante. speak for the voiceless and to stand up I am confident we will prevail. Maudelle actually was a health afi- for justice, both here in America and cionado. She was committed to edu- f around the globe. I will deeply miss her cating seniors and the entire commu- wise counsel, love, and support. HONORING MAUDELLE SHIREK nity on the benefits of healthy living. f The SPEAKER pro tempore. The She loved shopping for fresh fruits and Chair recognizes the gentlewoman from vegetables, and you would often find LET’S DO OUR PATRIOTIC DUTY California (Ms. LEE) for 5 minutes. her cooking nutritious meals at the AND VOTE ON GUN CONTROL Ms. LEE of California. Mr. Speaker, West Berkeley Senior Center. The SPEAKER pro tempore. The let me first send my thoughts and We loved to walk Lake Merritt and Chair recognizes the gentleman from prayers to the city of Boston, the fami- the Berkeley Marina together, where Connecticut (Mr. LARSON) for 5 min- lies and friends of all of those touched she talked to me about acupuncture utes. by Monday’s horrific tragedy. Incred- and natural remedies like cayenne pep- Mr. LARSON of Connecticut. Mr. ible strength was in full display in the per and warm water for colds and the Speaker, our hearts as well go out to streets of Boston when untold numbers importance of exercise. the victims and the families of those of people—the police, firefighters, vol- Maudelle was a woman of great faith. who were killed and seriously wounded unteers, runners, and bystanders—ran During the seventies, we enjoyed at- in Boston on Patriots’ Day. towards the explosions to try to help in tending the Church for Tomorrow, This has been a very difficult time any way they could without regard for which formerly was the Church for for our country. At that event in Bos- their own safety. Today. We went there together, and ton were families from Newtown, Con- As we learn the details of this at- this is where I realized that her passion necticut, invited to celebrate Patriots’ tack, let us remember that what makes for service and justice was driven by Day in Boston. The Red Sox play in the

VerDate Mar 15 2010 01:50 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.003 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2072 CONGRESSIONAL RECORD — HOUSE April 17, 2013 morning, the Marathon takes place, ments of great entrepreneurs, whether WVON RADIO’S 50TH ANNIVERSARY families gather, and again, America the automobile industry of Henry Ford The SPEAKER pro tempore. The faces another tragedy. or the iPhone of Steve Jobs. Business Chair recognizes the gentleman from Last week, family members from was the province of people with money. Illinois (Mr. DANNY K. DAVIS) for 5 min- Newtown came to the Hill to lobby As the old cynical joke goes, banks utes. Congress, to ask Congress what the would loan money only to people who Mr. DANNY K. DAVIS of Illinois. I President of the United States has don’t need it. rise to congratulate WVON Radio on 50 asked of us, both in the State of the So throughout the world, and espe- years of broadcasting. Union and in his two trips up to Con- cially in the post-colonial developing On April 1, 1963, WVON Radio in Chi- necticut. world, the chance of escaping poverty cago, Illinois, was launched, and since What the President has said is: how- and living a dignified life seemed an that time has gone from being ‘‘the ever you feel about the issue of gun vi- impossible dream for millions and mil- voice of the Negro’’ to ‘‘the voice of the olence, however you feel about the Sec- lions. One person has helped transform Nation.’’ ond Amendment, we deserve a vote, the dream into a possibility—in fact, a WVON began when two brothers, both in the other body, in the Senate, reality—of family sufficiency for peo- Leonard and Phil Chess, the owners of and here, on the floor of the House of ple all over the planet. a successful music business, Chess Representatives; a vote not only for When the Nobel Committee awarded Records, with a plentiful supply of the 20 children and six teachers and ad- Dr. Muhammad Yunus and the finan- local music under their banner such as ministrators who died in that tragedy cial institution he created, the Muddy Waters, Lil’ Howlin’ Wolf, on December 14, but for people in Tuc- Grameen Bank in Bangladesh, the Jimmy Reed, and others, needed a way son and Aurora and on virtually every Nobel Peace Prize a few years back, the to express their music. Therefore, the street in cities all across America Committee made the award for ‘‘their brothers bought WHFC–1450 AM, a where we have seen this needless and efforts to create economic and social 1,000-watt station licensed in Cicero, Il- development from below.’’ I’ll phrase it senseless violence take place. Patriots’ linois. differently. Muhammad Yunus and On April 1, 1963, WVON hit the air- Day, another act of violence. Grameen Bank received the award for waves in Chicago with a group of hand- Strides are being made in the United treating people with dignity and giving picked personalities: Franklin McCar- States Senate. Compromise is being of- millions around the world hope. thy, E. Rodney Jones, Herb Kent, Wes- fered on something that 92 percent of Today, in the rotunda here at the ley South, and Pervis Spann. They be- the American people agree with: uni- U.S. Capitol, we honor Dr. Yunus with came known as ‘‘The Good Guys.’’ Ric versal background checks, universal the Congressional Gold Medal. Muham- Ricardo, Bill ‘‘Butterball’’ Crane, Ed background checks to keep guns out of mad Yunus has shown us being a vi- Cook, Joe Cobb, Roy Wood, Ed Malo- the hands of terrorists. sionary does not mean promoting the ney, Bill ‘‘Doc’’ Lee, Don Cornelius, The United States of America is cur- impractical or the impossible. Unlike Richard Pegue, Isabel Joseph Johnson, rently mocked by Adam Gadahn, an some economic theories advanced over Cecil Hale, and McKee Fitzhugh even- American al Qaeda on the FBI’s Most centuries, Dr. Yunus’ theories have tually joined the roster. Wanted List, who taunts America and been proven to work. To date, the Under the direction of the station’s says this, and you can see it on Grameen Foundation and the bank and general manager, Lucky Cordell, and BuzzFeed: its partners have helped 9.4 million of its ‘‘Ambassador of Goodwill,’’ America is absolutely awash with easily the world’s poorest people receive Bernadine C. Washington, The Good attainable firearms, large-capacity clips. microloans. The bank has given loans Guys held black radio listeners hostage You can get them, even without any identi- of a few dollars to millions to those in Chicago for a number of years. It be- fication. who, by traditional standards, are not came the hottest station in the mar- This from the most wanted on the worthy of credit. ket. Not only did it convey music, it FBI list. His idea of a socially conscious busi- also conveyed public information, pub- We need to vote in the United States ness focused on serving the poor flew in lic events, and what was going on. It Congress. If these young children had the face of conventional economic the- was the voice during the civil rights the courage to go after their assailant, ory and certainly in the face of exist- movement, and individuals were often if the teachers stepped in the way to ing banking practice. But it worked. given the opportunity to speak. Dr. protect, does Congress have the will Recipients paid back the loans and got Martin Luther King was interviewed by and the courage to stand up and merely ahead financially. Leslie South, as well as Elijah Muham- do what it was elected to do? Cast a The Grameen Foundation’s financial mad and others. vote in both Chambers. Cast a vote on outreach to people living below the These personalities became so infor- behalf of the American people. Cast a poverty level has been life-altering for mational and influential that during vote on behalf of these children, on be- women in Nigeria and Haiti and Cam- the riots after the death of Dr. Martin half of these parents who have come bodia and Peru. Dr. Yunus has inspired Luther King, they called for calm and here to beseech the United States Con- similar local efforts in dozens of na- peace. And people began to listen to gress only to do its responsibility, to tions, including our own. His life and them. They were very influential do what we take the oath of office for. work are a testament to the difference throughout what was called the civil Ninety-two percent of the American a single person can make here on rights movement, and individuals often people believe that we need universal Earth. went to them. background checks. We have to make Dr. Yunus’ legacy will be measured They also had a relationship with sure that our bodies, both the Senate not simply by the many awards he has Berry Gordy in Detroit, when he and the House, take up this legislation. won over his career, such as we honor formed Motown Records; and every In the aftermath of yet another trag- him with today, but by the current and time a record would come out, he edy, on Patriots’ Day, the most patri- future generations of people who will would send it to the WVON station be- otic thing we can do is vote. travel the road from poverty to success fore sending it anyplace else. and sufficiency because of Dr. Yunus’ WVON actually was instrumental in f vision and commitment. He believes electing Harold Washington, the first b 1030 that we have the power to end pov- black mayor of Chicago. Lou Palmer, erty—not just to alleviate it, but end who had a radio series called ‘‘Lou’s AWARDING THE CONGRESSIONAL it—and we should take him seriously. Notebook,’’ had a slogan: ‘‘We shall see GOLD MEDAL TO PROFESSOR Muhammad Yunus is showing us how. in ’83.’’ And that became the rallying MUHAMMAD YUNUS I ask my colleagues to join me in giv- cry. It was also instrumental in elect- The SPEAKER pro tempore. The ing Dr. Yunus congratulations on re- ing Carol Moseley Braun to the United Chair recognizes the gentleman from ceiving the Congressional Gold Medal States Senate, electing Barack Obama New Jersey (Mr. HOLT) for 5 minutes. today, and join me in giving thanks to to the United States Senate, and ulti- Mr. HOLT. Mr. Speaker, for cen- him for making many, many lives mately electing Barack Obama Presi- turies, we have lauded the achieve- around the world better. dent of the United States of America.

VerDate Mar 15 2010 04:23 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.005 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2073 Always more than a radio station, it ley South, the hotline show in the evening with greater; though created mortal and fal- belonged to the community and was journalist Lu Palmer doing a notebook series lible, we need Your gifts of wisdom and the heart of the community. So I con- called ‘‘Lou’s notebook.’’ Lou spearheaded the patience to find partners, even in sur- gratulate Melody Spann Cooper and all election of Harold Washington as Chicago’s prising and unlikely places, with whom of those who have made WVON what it first Black mayor with the slogan, ‘‘We Shall we must work together to benefit our is today: the voice of the Nation. See in ’83.’’ country and our world. Congratulations to WVON Radio on fifty Upon the urging of Wesley South,a radio We turn to You, Source of Peace, to years of broadcasting. talk show pioneer, WVON changed to a talk inspire and support the leaders of our Mr. Speaker, On April 1, 1963, WVON format and has never looked back. It has been Nation to find accord even in these Radio in Chicago, Illinois was launched and instrumental in not only electing Harold Wash- times of challenge. May it be Your will since that time has gone from being ‘‘the voice ington as Chicago’s first Black mayor, but also that in recognizing the Unity of the Di- of the negro’’ to ‘‘the voice of the Nation.’’ in electing Carol Mosley Braun, U.S. Senator; vine, they will strive to foster a similar WVON began when two brothers, Leonard Barack Obama, United States Senator; and unity among themselves for the sake of and Phil Chess, the owners of Chess Barack Obama, President of the United States this great Nation. Records, a successful record company with a of America. Joining together, we say the Hebrew plentiful supply of local music talent under WVON’s current line-up of hosts are some word affirming faith; faith in each their banner, such as Muddy Waters, Lil’ of the best in the Nation: Cliff Kelly, called the other, continued faith in humanity, Howlin Wolf, Jimmy Reed and others, who governor of talk radio; Matt McGill; Perry and faith in the Holiness beyond us. needed an outlet for their music. Therefore, Small; Reverend Al Sharpton; Saleem Amen. the brothers bought WHFC–1450 AM, a 1000 Muwakil; Kendall Moore; Dr. Leon Finney; and f watt station licensed in Cicero, Illinois. from time to time, Pam Morris, Dr. Terry On April 1, 1963, WVON hit the airwaves in Mason, and countless others who buy time THE JOURNAL Chicago with a group of hand-picked personal- like Garfield Major, talking to the people. The SPEAKER pro tempore. The ities: Franklin McCarthy, E. Rodney Jones, Congratulations to Melody Spann Cooper Chair has examined the Journal of the Herb Kent, Wesley South, and Pervis Spann. and all of those who have helped to make last day’s proceedings and announces They became known as ‘‘The Good Guys’’ WVON Radio what it is today. to the House his approval thereof. and Ric Ricardo, Bill ‘‘Butterball’’ Crane, Ed f Pursuant to clause 1, rule I, the Jour- Cook, Joe Cobb, Roy Wood, Ed Maloney, Bill nal stands approved. RECESS ‘‘Doc’’ Lee, Don Cornelius, Richard Pegue, f Isabel Joseph Johnson, Cecil Hale, and The SPEAKER pro tempore. Pursu- McKee Fitghugh eventfully joined the roster. ant to clause 12(a) of rule I, the Chair PLEDGE OF ALLEGIANCE Under the direction of the station’s general declares the House in recess until noon The SPEAKER pro tempore. Will the manager, Lucky Cordell, and its ‘‘Ambassador today. gentleman from Oklahoma (Mr. of Good Will’’, Bernadine C. Washington, The Accordingly (at 10 o’clock and 37 LANKFORD) come forward and lead the Good Guys held Black Chicago captive for minutes a.m.), the House stood in re- House in the Pledge of Allegiance. more than a decade and ranked consistently cess. Mr. LANKFORD led the Pledge of Al- in the top five of the most listened to stations f legiance as follows: in the market. b 1200 I pledge allegiance to the Flag of the The power of WVON went beyond the Chi- United States of America, and to the Repub- cago market. Berry Gordy, the founder of AFTER RECESS lic for which it stands, one nation under God, Motown Records had a special arrangement The recess having expired, the House indivisible, with liberty and justice for all. with WVON that every song he produced was called to order by the Speaker pro f would be sent immediately to WVON before tempore (Mr. WOMACK) at noon. WELCOMING RABBI ROBERT any other station. WVON was so powerful that f SILVERS it produced airplay in other markets, which impacted the overall sales and success of the PRAYER The SPEAKER pro tempore. Without project. Rabbi Robert Silvers, Congregation objection, the gentleman from Florida WVON has always been more than a radio B’Nai Israel, Boca Raton, Florida, of- (Mr. DEUTCH) is recognized for 1 station. During a time when Blacks were ac- fered the following prayer: minute. tively involved in the civil rights movement, Eternal God, we children of human- There was no objection. WVON was the voice of information for local ity pray to You by many names, but in Mr. DEUTCH. Mr. Speaker, I’m proud and national affairs. During the riots that fol- our hearts we all know You as One. to have the opportunity to welcome lowed the death of Dr. Martin Luther King, Jr., Your unity creates the common bond one of my constituents, Rabbi Robert WVON on-air personalities were there to lift between us and is our common bond Silvers, of the Congregation B’Nai the tension that had erupted in neighborhoods with You. And though Your absolute Israel in Boca Raton, Florida, as he of- across the city. They pleaded for calmness. truth eludes us, nonetheless we strive fered the opening prayer here today. He Following the death of Chess in 1969, the to be more like You and to carry out is a leader in the Jewish community in family decided to sell WVON to George Gil- Your will for humanity: that we live south Florida. His life epitomizes the lette (heir to the Shaving Products Company) together in peace. Jewish tradition of tikkun olam— and to Potter Palmer (heir to Palmer house) And though some seek to disrupt the bettering the world. who formed Globetrotter Communications. peace and deprive us of our very lives, Rabbi Silvers’ impact is felt well be- Their first order of business was to take as we witnessed in Boston, we pray, O yond the 1,200 families of Congregation WVON from 1450 frequency to 5,000 watt God, that their actions be thwarted and B’Nai Israel, with pastoral work and 1390 signal, which would improve their cov- that You continue to shelter us with care that he provides not only to his erage of Chicago. The 1450 frequency was Your canopy of peace. Send healing of own congregation but also to the great- left dormant. body and soul, O God, to the victims of er local community as a volunteer In 1977, Globetrotter Communications sold this act of terror, to our Nation, and to chaplain for the Palm Beach County WVON to the Gannett Company, whose major all who grieve with them. Keep forever Sheriff’s Office. He has served as presi- holdings were in print media. Gannett had pur- in Your loving embrace the souls of dent of the Palm Beach County Board chased an FM station in Chicago which be- those who lost their lives. of Rabbis and as president of the Great- came known as WGCI. In 1979, Wesley South We pray that those who do harm be er Boca Raton Religious Leaders Asso- and Pervis Spann formed Midway Broad- brought to justice and that You, O God, ciation, an interfaith coalition of cler- casting Corporation and purchased the license instill in all peoples everywhere a love gy. Rabbi Silvers has been involved in for the 1450 AM frequency. of humanity and a respect for each and education and interfaith dialogue Their station WXOL premiered in August of every human being created in Your di- throughout south Florida. 1979 and remains one of the few minority- vine image. I’m proud to call Rabbi Silvers and owned stations in the market. WVON became Help us, O God, to realize that each his wife, Ava, friends. I welcome them a mixed music/talk radio station and with Wes- of us holds a glimpse of something and all of his congregants who watched

VerDate Mar 15 2010 01:50 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.006 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2074 CONGRESSIONAL RECORD — HOUSE April 17, 2013 on C–SPAN as he delivered this mean- minute and to revise and extend his re- for 1 minute and to revise and extend ingful prayer. marks.) his remarks.) f Mr. COFFMAN. Mr. Speaker, I rise to Mr. LANKFORD. Mr. Speaker, in a draw attention to cutting-edge re- historic red brick building in Philadel- ANNOUNCEMENT BY THE SPEAKER search now underway at the Charles C. phia, a man and his staff performed PRO TEMPORE Gates Center for Regenerative Medi- thousands of abortions under horrid The SPEAKER pro tempore. The cine and Stem Cell Biology at the Uni- conditions, which has led to a murder Chair will entertain 15 further requests versity of Colorado in Aurora. As you trial which is currently under way for for 1-minute speeches on each side of know, our Nation faces major defi- seven children and one adult. Some the aisle. ciencies in its ability to maintain an children were torn apart with surgical f adequate blood supply for civilian and instruments in the womb. Some moth- military demands. Traditional methods ers were given abortion-inducing drugs THE SPIRIT OF AMERICA for obtaining blood or producing a new and were seated on a toilet until they (Mr. MCCARTHY of California asked supply fall far short of current demand. delivered their baby into that toilet. and was given permission to address But a collaborative effort at the Other women had their labor induced; the House for 1 minute.) Gates Center at the University of Colo- and when they delivered, an assistant Mr. MCCARTHY of California. As we rado is working to develop a new tech- flipped the baby over and used the scis- gather today in this House, we opened nology that enables the rapid growth of sors to cut their spinal cord. it with prayer—prayer to remember adult blood stem cells. This propri- The horrific murder of innocent chil- those families, those children, those etary technology can generate large dren was repeated over and over again runners, those spectators that were numbers of cells that can be frozen and in the clinic; but amazingly enough, lost in Boston. As I watched that hor- thawed while retaining their stem cell only the children fully out of the womb rific incident, I paused for a moment. characteristics. This also means that are considered murder victims. Can At the same time that I saw this tragic soon there will be an ability to culture someone explain to me how the chil- incident, I also saw the spirit of Amer- adult blood stem cells in an almost in- dren of the same age, size, and develop- ica. The spirit of America was with definite manner. ment, who were still in the womb when those individuals who rushed in to This research is being funded with they were torn to pieces by surgical in- help, not knowing whether they would peer-reviewed grants from NIH, and struments, are not victims of murder, be injured or not, not knowing what they have joined a consortium funded but those who were delivered and then would happen to them. But they rushed by DARPA to further help develop the their spinal cord was cut three feet to help one another. Red Blood Cell program. I’m very hope- from their mother are victims of mur- I want this body to instill that same ful about the research at the Charles C. der? American spirit—that we are bound to- Gates Center, and I urge support for I will never understand the strained gether—so that we will remember their efforts. logic that says if a child is killed where those lost, but more importantly, we f you cannot see them in the womb, it’s will bring to justice those that per- PASS GUN CONTROL LEGISLATION choice; but if you kill that child in the petrated this action and that we will be daylight, it’s murder. (Ms. JACKSON LEE asked and was stronger in the end as a Nation and f never forget those who were lost. given permission to address the House CONGRATULATING MIROSLABA f for 1 minute.) Ms. JACKSON LEE. Today, Mr. ‘‘LILI’’ VELO ON BEING NAMED BOSTON MARATHON ATTACK Speaker, the other body has an oppor- 2013 OUTSTANDING SENIOR HIGH (Ms. CHU asked and was given per- tunity to do what 90 percent of the SCHOOL TEACHER OF THE YEAR mission to address the House for 1 American people would like us to do— (Mr. SWALWELL of California asked minute.) to be prayerful and to come together to and was given permission to address Ms. CHU. Imagine what the front respond to the horrific siege of gun vio- the House for 1 minute and to revise page of The Boston Globe should have lence in America. and extend his remarks.) looked like yesterday: marathon win- It is important to note that, on aver- Mr. SWALWELL of California. Many ners jubilantly accepting medals; age, 13 young people from ages 10 to 24 students often remember that one en- throngs of people triumphantly cross- are victims of homicide every day, and gaging and empowering teacher who ining the finish line; bystanders passing 82.8 percent of these youth are killed spired them to change the course of out Gatorade; families and friends by a gun. Every 30 minutes a child or their lives. I am proud to recognize one cheering on loved ones. Instead, the teenager in America is injured by a of those teachers, Ms. Miroslaba ‘‘Lili’’ front page depicted a war zone. gun. Every 3 hours and 15 minutes a Velo, a social studies teacher from This vicious, senseless attack left child or a teenager loses their life from Hayward’s Tennyson High School in nearly 200 people injured, some criti- a firearm. In 2010, 82 children under the my congressional district. cally, and three dead. My heart breaks ages of 5 lost their lives due to guns. Ms. Velo was named the 2013 Out- for everyone affected, and justice must To put that number in perspective, 58 standing Senior High School Teacher be served. law enforcement lost their lives. of the Year by the California Council But even this dark act couldn’t blot And so today, we don’t have to vio- for Social Studies. As the chair of the out the examples of love, compassion, late the Second Amendment. As I said, Social Studies Department at Tenny- and selflessness on display. Volunteers we can be prayerful. We can pass uni- son High School, Ms. Velo is a true and officers raced to aid blast victims. versal background checks—the same leader in advancing social studies edu- Marathon runners continued running— thing we do with registering our cars, cation by teaching educators in her straight to the nearest hospital to do- getting licenses. This is a time for high school and across California how nate blood. And thousands of people America to rise to our higher angels to engage students with new and inno- opened their homes to athletes who and do what our children need them to vative teaching methods. This is some- had nowhere else to go. do. I ask the Senate to challenge its thing we will need as we continue to These are the stories that define us conscience and to vote for universal lead our students to be competitive in as a Nation. This is the spirit that no background checks to stop the vio- a changing global economy. terrorist attack will break. lence. Ms. Velo is a wonderful example of f f the most dedicated teachers from b 1210 across the Nation, who strive every day CHARLES C. GATES CENTER FOR to better the lives of their students and REGENERATIVE MEDICINE AND THE FINE LINE BETWEEN CHOICE assist the teachers around them. STEM CELL BIOLOGY AND MURDER Once again, I congratulate Ms. Velo (Mr. COFFMAN asked and was given (Mr. LANKFORD asked and was on receiving this well-deserved recogni- permission to address the House for 1 given permission to address the House tion.

VerDate Mar 15 2010 01:50 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.009 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2075 DEFENDING OUR HOMELAND CONGRATULATING ASHLAND UNI- Among those hit hardest by our 4- VERSITY WOMEN’S BASKETBALL million-word Tax Code are senior citi- (Mr. PITTENGER asked and was TEAM FOR WINNING NCAA DIVI- zens. Many live on fixed incomes and given permission to address the House SION II CHAMPIONSHIP have common forms of income, like for 1 minute and to revise and extend dividends, Social Security benefits, and his remarks.) (Mr. GIBBS asked and was given permission to address the House for 1 IRA distributions; yet they face the Mr. PITTENGER. Mr. Speaker, I rise minute.) high cost of compliance. That’s why I today to pay respect and grief for those Mr. GIBBS. Mr. Speaker, I rise today introduced the Seniors’ Tax Simplifica- who suffered loss of life and harm in to honor and congratulate the Ashland tion Act. This commonsense bill—and Boston. I had two of my own constitu- University women’s basketball team it is bipartisan—would create one sim- ents who suffered grievous loss and one for winning the NCAA Division II ple form, much like the popular 1040EZ of them the loss of a leg. It reminds us Championship. The Ashland Eagles form. It would be used for the rel- once again that those who seek our de- earned Ashland University’s first bas- atively simple tax filing situations struction are fully committed to that ketball national championship with a that are common for seniors anyway. objective. 71–56 victory over New York’s Dowling Creating a no-nonsense 1040SR form While the terrorists and others work College on Friday, March 29, 2013. would reduce compliance costs for sen- in a very open way, seeking public no- I would like to congratulate the Ea- iors and lessen the burden of the tax toriety, they have also learned to work gles MVP, AU senior Kari Daugherty, season for them. in a very quiet and sophisticated and for contributing 26 points to the win. The Seniors’ Tax Simplification Act tactical way in cyber warfare. Ms. Daugherty was also honored with is a straightforward, no-cost bill that Mr. Speaker, we have a very impor- the Player of the Year title for the di- has bipartisan support and has been en- tant bill before us today, H.R. 624. We vision. dorsed by many senior citizen groups need to really look at it, and we need I would also like to congratulate and deserves a vote in this House. to pass it. We need to show the world Coach Sue Ramsey for leading her f that we are fully committed to defend- team to victory. This sportsmanship, IMMIGRATION REFORM ing our homeland. determination, and hard work dis- played by the Ashland Eagles through- (Ms. TITUS asked and was given per- 300,000 cyber attacks occur on major mission to address the House for 1 industry every single day—on each in- out the season has been unparalleled. This momentous accomplishment de- minute.) dustry. We must stop this. They are Ms. TITUS. After far too long, there serves the most sincere congratula- bent on our destruction. We can do is finally real bipartisan momentum in tions, and we’re very proud of Ashland what it takes today to show the world Washington towards implementing University and the Ashland Eagles. that we are fully committed to defend- much-needed comprehensive immigra- Go Eagles. ing our homeland. tion reform. f Our immigration system today is f IMMIGRATION crowded and confusing. It divides fami- (Mr. CA´ RDENAS asked and was lies, it stifles the American Dream for MEMPHIS SOUL given permission to address the House high-skilled foreign students and entre- for 1 minute.) preneurs, and it does not address the (Mr. COHEN asked and was given per- Mr. CA´ RDENAS. Last week, right exploitation of many immigrants in mission to address the House for 1 here in D.C., I hosted farm workers the workplace. minute.) from all over this country that only The proposals unveiled last night are Mr. COHEN. Last night, PBS aired ask for fair treatment and compensa- not perfect. For example, they elimi- the ‘‘Memphis Soul’’ performance re- tion as they do their work. As they nate diversity visas and certain family corded last week at the White House. chanted ‘‘Si, se puede’’—yes, it is pos- visas. But we are making progress. I The performance featured many songs sible—with 20 of us congressional Mem- look forward to supporting a bill that that were recorded at Stax Records lo- bers, I saw the look of hope on their secures our borders, makes our existing cated in Memphis. faces—hope that they would soon have laws more efficient and timely, pro- In 1998, Memphis civic leaders raised a pathway to citizenship, fair wages, motes entrepreneurship and innova- more than $10 million to build the Stax and adequate worker protections. I saw tion, provides a fair pathway to citi- Museum on the original site of Stax the same hope in the eyes of my par- zenship for the millions of immigrants Records. The museum honors all of the ents who came here as farm workers. already in the United States, and in- artists who recorded at Stax, including With the introduction of the Senate’s cludes the DREAM Act. It must also Isaac Hayes, Al Green, Otis Redding, immigration bill, farm workers are one include humane provisions to keep Booker T and the MGs, and others. step closer to gaining legal status and families of all kinds together. We can and must get this done. From Eddie Floyd’s ‘‘Knock on the right to feed their families as they Wood’’ to Booker T and the MGs’ clas- feed America. However, as any legisla- f sic ‘‘Green Onions,’’ Isaac Hayes’ tion moves forward, I will remain vigi- b 1220 ‘‘Shaft,’’ and Sam and Dave’s ‘‘Soul lant against any effort to legalize farm worker mistreatments. IN MEMORY OF FORMER MEMBER Man,’’ the recordings at Stax Records CHARLIE WILSON made significant contributions to the I look forward to working with both music of the era. sides of the aisle and both of our (Mr. CHABOT asked and was given Houses to make sure that we fix this permission to address the House for 1 Beyond honoring its history, Stax is broken immigration system. minute.) about education. In 2005, the Soulsville f Mr. CHABOT. Mr. Speaker, as dean of Charter School opened its doors to 60 the Ohio Republican delegation in the sixth graders. Now expanded to grades SENIORS’ TAX SIMPLIFICATION House, I was greatly saddened to hear 6–12, the 2013 class of Soulsville Charter ACT of the untimely passing early Sunday School has a 100 percent college accept- (Mr. FLEMING asked and was given morning of our friend and former col- ance rate and scholarships. permission to address the House for 1 league, Representative Charlie Wilson. I encourage everyone to come to minute.) Although Charlie and I were on dif- Memphis to visit the Stax Museum and Mr. FLEMING. Mr. Speaker, the ferent sides of the aisle and often dis- see the Soulsville Charter School to American people have just finished the agreed on policy, I always admired his learn more about Memphis’ contribu- annual aggravation of tax preparation. dedication to our State and his tireless tion to music. I also hope you will tune Every year, individuals and businesses energy as he worked to serve his con- in to PBS this afternoon to watch an- spend more than 6 billion hours and stituents to the best of his ability. other performance of ‘‘Memphis Soul’’ about $168 billion just to meet the fil- I am not alone when I say that a con- at 5 o’clock eastern, 4 o’clock central. ing requirements of the IRS. versation with Charlie was always

VerDate Mar 15 2010 04:23 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.012 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2076 CONGRESSIONAL RECORD — HOUSE April 17, 2013 memorable and usually ended with officers and they’re paramedics and thought. In addition to most of the 11 broad smiles as you parted company. they’re doctors and nurses, and some- million illegal immigrants already in One thing that Charlie and I did have times they’re just somebody who never the country, it offers to legalize their in common is that we played college expected to be in that situation at that relatives outside the country and even football, and we were both defensive time. And yet, our fellow countrymen others who have already been deported linemen. And at least in our own respond; they’re there. home. So current immigration laws are minds, the older we got, the better we And right now we have people re- shredded. had been. sponding in the Senate. They’ve put The good news is that the House Ju- Charlie Wilson was an honorable themselves out there. They’ve run to diciary Committee will come up with a man, a trusted ally, and a worthy oppo- the challenges. It is the American spir- better plan. nent. I ask my colleagues to join in it. They touch the heart of all of us. f wishing his four sons and nine grand- And, Mr. Speaker, I just wanted to IMMIGRATION REFORM children our condolences. His 14 years say God bless them, and God bless the of government service in Ohio and in United States of America. (Mr. GALLEGO asked and was given Washington, D.C., is a legacy they f permission to address the House for 1 should always cherish and be proud of. minute and to revise and extend his re- SUPPORT BACKGROUND CHECKS God bless Charlie Wilson. marks.) ON GUN SALES f Mr. GALLEGO. Mr. Speaker, I rise (Mr. YARMUTH asked and was given today encouraged that comprehensive NOAA PROPOSES FURLOUGHS permission to address the House for 1 immigration reform is moving now (Ms. EDWARDS asked and was given minute.) that a framework has been released by permission to address the House for 1 Mr. YARMUTH. Mr. Speaker, this is our colleagues in the Senate. minute and to revise and extend her re- what my constituent, Barbara Kelty, The 23rd Congressional District, marks.) wrote to the Louisville Courier-Journal which I represent, runs some 800 miles Ms. EDWARDS. Mr. Speaker, like this morning: along the Texas-Mexico border and in- many Americans, I began my morning While polls continue to say that a majority cludes five ports of entry. No other this morning with a check of the local of NRA members and a sizable majority of congressional district shares a larger weather forecast. It actually helps me the American people support background border with Mexico. answer questions, important questions, checks and a majority of citizens support After more than two decades, I’m en- such as what should I wear, do I need limiting magazine size, a majority in Con- couraged that our friends in the Senate an umbrella, or is a storm approaching gress at this point apparently does not favor are taking steps and we finally have either. that’s going to tie up traffic. How can that be? To me, it is evident that this framework. I look forward to The weather forecast is really impor- these Members of Congress do not feel obli- working in a bipartisan and bicameral tant, but too often it’s taken for grant- gated to us, the people who elected them, way to get it done this way. ed. And, unfortunately, thanks to the whom they represent. Rather, they feel be- Our values teach us that our families Republican insistence that sequester holden to the gun lobby which fattens their should stick together and that hard cuts take effect, our access to these campaign chests. And it is obvious that the work, not circumstance, should shape timely and reliable weather forecasts gun-making industry, which does not con- our future. I believe that our Nation may be impacted negatively. done or support gun violence, benefits from becomes stronger as more people the emotional rush of citizens exercising the On Monday, the National Oceano- right to buy protection for their families pledge allegiance to our flag and com- graphic and Atmospheric Agency, after these tragedies. mit themselves fully to our Nation and which includes the National Weather We, the citizens, must do our bit to lobby to our economy. Service, proposed 4 furlough days, with Congress and remind them that our will Last week I asked the Senate Gang of a potential for 10. The cash-strapped takes precedence. Eight to give special consideration to Weather Service provides predictions Ms. Kelty is right. In Kentucky, members of the armed services who for the ever-more-frequent extreme three out of four people support back- risk their lives every day for our coun- weather events, such as Superstorm ground checks for every gun sale. More try and our families—it’s particularly Sandy, the historic drought impacting than 90 percent of the American people, important to folks and families at our agricultural sector last year, and and three-quarters of NRA members, Joint Base Lackland in San Antonio, the tornados that ravished the South support background checks, which Laughlin Air Force Base in Del Rio, in 2011. have stopped nearly 2 million people and Fort Bliss in El Paso—and re- On a daily basis, it impacts the lives from illegally buying guns. Still, 40 quested that comprehensive immigra- of Americans across the country. Even percent of guns are purchased without tion reform eliminate the 3- and 10- today, severe storms are ravaging the a background check. year bar on spouses for spouses, pre- midsection of the country. The Weath- Mr. Speaker, I urge my colleagues in vent the termination of petitions of er Service is already understaffed. Se- the Senate to listen to the vast major- spouses and children of fallen heroes, questration could further deteriorate ity of Kentuckians and the American and streamline the naturalization proc- forecasting abilities. So, once again, people and support background checks. ess for those deployed overseas. they’ve made indiscriminate spending f I look forward to working with my cuts our top priority. We need to stop colleagues to getting it done this year. SENATE IMMIGRATION BILL this and protect our economic safety f and our national security. WORSE THAN WE THOUGHT TAXES f (Mr. SMITH of Texas asked and was given permission to address the House (Mr. STIVERS asked and was given IN RECOGNITION OF FIRST for 1 minute and to revise and extend permission to address the House for 1 RESPONDERS his remarks.) minute and to revise and extend his re- (Mr. CHAFFETZ asked and was given Mr. SMITH of Texas. Mr. Speaker, marks.) permission to address the House for 1 it’s hard to believe, but the Senate im- Mr. STIVERS. Mr. Speaker, as you minute and to revise and extend his re- migration bill is worse than we all know, Monday was tax day, so it’s marks.) thought. an appropriate time to talk about the Mr. CHAFFETZ. Mr. Speaker, our Despite assurances, the border is not need for tax reform. We need a simpler, hearts and prayers go out to those in secured before almost everyone in the more competitive Tax Code that’s flat- Boston and Massachusetts and all the country illegally is given amnesty. So ter and fairer so that we can create States where people came from to par- the bill guarantees there will be a rush jobs and put Americans back to work. ticipate in the marathon. across the border to take advantage of We need a simpler code. In fact, the I, in particular, Mr. Speaker, wanted massive amnesty. code, when you include all its regula- to stand and thank those first respond- And the bill offers amnesty to far tions, annotations, and explanations, ers. They’re firemen and they’re police more illegal immigrants than we totals 74,000 pages. And according to

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.013 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2077 the latest estimate from the United talking about meaningful, strategic owe. But what we don’t need is higher States Treasury, Americans spent 6.1 tax reform. taxes. billion hours complying with the Tax I was a business owner and CEO for 12 The government is already poised to Code. We also need a more competitive years. Because of that, I understand in take in record revenues this year, yet Tax Code. The United States has the a very personal way that the current the President insists on calling for an- highest corporate tax rate in the world. tax system is rife with waste. It invites other $1.1 trillion in new taxes. Lev- Simplifying our Tax Code and closing abuse. Worst of all, it creates so much ying more taxes on families and busi- loopholes for everyone will help create uncertainty as to make it difficult, if nesses won’t create jobs and won’t lead an environment that encourages job not impossible, to make good decisions to economic prosperity. Rather, we growth and increases wages. The Ryan about our future. need to cut spending, balance the budg- budget is based on such reforms. These Again and again, we read stories and et, and rein in excessive government. reforms can help get Americans back we see examples where the current Tax Comprehensive tax reform is some- to work. Code punishes success while ignoring thing that the American people overwhelmingly support and something f the economic impacts of poor government policy. We can do better than that House Republicans remain com- RECOGNIZING THE MERCED COM- this. We have an opportunity to do bet- mitted to addressing. MUNITY VIOLENCE INTERVEN- ter than this. We must do better. Ev- f TION AND PREVENTION TASK eryone will benefit. GUN REFORM FORCE Let’s do this now. (Ms. HAHN asked and was given per- (Mr. COSTA asked and was given per- f mission to address the House for 1 mission to address the House for 1 REMEMBERING THE VICTIMS IN minute.) minute and to revise and extend his re- BOSTON Ms. HAHN. Mr. Speaker, background marks.) checks may not have changed what Mr. COSTA. Mr. Speaker, on Monday, (Mr. CICILLINE asked and was given permission to address the House for 1 happened at Sandy Hook, but I hope in Boston, we were reminded how vul- Sandy Hook changes what happens nerable we all are as Americans and minute.) Mr. CICILLINE. Mr. Speaker, last here. how important it is that we stay to- Ninety percent of the American peo- gether. Monday, men and women from around the world traveled to the beautiful city ple agree that expanding background Today, I rise to recognize the Merced checks for gun sales is the right thing Community Violence Intervention and of Boston to take part in the 117th running of the Boston Marathon. to do. These checks will help keep guns Prevention Task Force. This hard- out of the hands of the mentally unsta- working organization in the San Joa- But this longstanding American tradition, this celebration of athletic ble, convicted felons, and domestic quin Valley that I represent is the 2013 abusers who threaten the safety of our recipient of the Lois Haight Award of achievement was shattered at 2:50 eastern time when two bombs went off families and our communities. Excellence and Innovation from the It’s time for Congress to listen to along the finish line, killing three Victims’ Rights Caucus, of which I am common sense and the voices of the spectators, including an 8-year-old a cochair. American people. child, and injuring nearly 200 more. The task force is an innovative col- I say to my Senate colleagues: You At times like this, words fail to cap- laboration of local leaders that was came here to work for the American ture the sense of our disbelief, the pain formed in 2006 in response to gang-re- people, not just to work for your rein our hearts, and the anger we feel to- lated violence throughout the Merced election. We’re here to do a job, not wards anyone who would do such great community. The task force makes just keep our jobs. harm to so many innocent lives. Merced a safer place by educating the I support Senators MANCHIN and Although we do not yet know the community about violence, promoting TOOMEY for coming together in a bipar- character development, and providing identity of the perpetrators, what we tisan way to push forward this legisla- information to families and, most im- do know is that our country will not tion for expanded background checks. portantly, our youth. rest until they are brought to justice. All we need is 60 Senators who have the From gang awareness workshops to The American people will emerge from courage to stand up and do the right Merced County’s first anonymous ‘‘text this horrific incident stronger and thing. a tip’’ line, the task force has contrib- more united than ever before. Commonsense measures to fight trag- uted greatly to our Merced community Like all Rhode Islanders since last edy shouldn’t be a heavy lift. This and throughout the area. Monday, my thoughts have remained should be an easy vote. On behalf of the Victims’ Rights Cau- with the people of Boston and all of the The SPEAKER pro tempore. All cus, congratulations and thank you to victims of this vicious act of violence Members are reminded to direct their the Merced Community Violence Inter- and their loved ones, and I pray that remarks to the Chair. the passage of time might bring them vention and Prevention Task Force. f some level of comfort. f IMMIGRATION REFORM f b 1230 (Mr. KING of Iowa asked and was TAX REFORM given permission to address the House TAX REFORM (Mr. DESJARLAIS asked and was for 1 minute.) (Mr. STEWART asked and was given given permission to address the House Mr. KING of Iowa. Mr. Speaker, I permission to address the House for 1 for 1 minute and to revise and extend come to the floor here to announce minute.) his remarks.) that the Senate released their Gang of Mr. STEWART. Like all Americans, Mr. DESJARLAIS. Mr. Speaker, this Eight immigration bill sometime my heart and prayers go out to the week, many of my constituents filed around 2:45 a.m. this morning. It didn’t people of Boston. tax returns. Unfortunately, their taxes take very long for the secret group in Mr. Speaker, I’m grateful for the op- weren’t the only thing that they had to the House to release their support for portunity to stand and speak on a very pay. Hardworking Americans will the bill. They had time, apparently, to important issue today. It may not be spend $168 billion completing their analyze the 844 pages that are in this as interesting, it may not grab as much taxes under our country’s 4-million- bill. attention as any other issue, but I’m word Tax Code. I’ve had time to analyze a little bit of not aware of any other thing that we America’s tax system is broken and it. Mr. Speaker, what it says is this: could talk about that has the potential simply doesn’t meet the needs of the they want to instantaneously legalize to invigorate our economy, to expand 21st century economy. It is time for a everybody that’s here in America ille- personal freedoms, and restore faith in simpler, fairer, flatter code, one that gally, with a few exceptions, in case our government and, frankly, in our fu- eliminates special interest loopholes to they decide to enforce the law against ture like this issue could. Of course I’m ensure that everyone pays what they them.

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.014 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2078 CONGRESSIONAL RECORD — HOUSE April 17, 2013 That doesn’t satisfy them, Mr. fying the Tax Code will help them save How about $168 billion? That’s how Speaker. They even want to legalize time and money that they can then put much our fellow Americans spend each the people that have been deported and towards growing their businesses, hir- year just to make sure they comply sent to their home countries and bring ing new employees and raising wages. with our overcomplicated Tax Code. them back to the United States. If that Washington must also streamline Just how complicated are the tax rules occurs, 11 million to 20 million be- regulations that are strangling growth. in this country? Well, here is another comes at least 30 million people. The REINS Act would require that any number—4 million. That’s how many Because we have what they call a ‘‘de regulation with an annual impact of words there are in the U.S. Tax Code. facto’’ amnesty now, it is, in fact, lit- $100 million or more be subject to a There are 4,500 words in the U.S. Con- erally amnesty now, and making that vote of this House. stitution. There are 775,000 words in the promise is going to start another rush With the right tax and regulatory Bible. Yet there are 4 million in our over our borders. policies, America’s economy can thrive Tax Code. We must restore the rule of law. again. What does this all add up to? It means that our current tax system f f is broken. We need fundamental, com- IMMIGRATION REFORM b 1240 prehensive tax reform to make our Tax (Mr. PAYNE asked and was given CLOSE GUANTANAMO BAY Code fairer and simpler for all Ameri- permission to address the House for 1 (Mr. MORAN asked and was given cans. That is the House Republican minute.) permission to address the House for 1 plan. Mr. PAYNE. Mr. Speaker, creating minute and to revise and extend his re- f an immigration process for new Amer- marks.) PROVIDING FOR CONSIDERATION ican immigrants is not just an issue Mr. MORAN. Mr. Speaker, about 12 OF H.R. 624, CYBER INTEL- that will shape the future for one years ago, 779 people were gathered ini- LIGENCE SHARING AND PROTEC- group. tially and sent to the prison at Guanta- TION ACT So much is at stake for 3 million Af- namo Bay, Cuba. About 85 percent of Mr. WOODALL. Mr. Speaker, by di- rican and Caribbean immigrants that them had never actually engaged in di- live and work here. They’re a vital part rection of the Committee on Rules, I rect combat against the United States. call up House Resolution 164 and ask of our future as hardworking, upstand- A report was issued by an independent, ing individuals in search of freedom for its immediate consideration. authoritative commission yesterday The Clerk read the resolution, as fol- and a better life. They also deserve a that I want to bring attention to. It lows: fair system that works, and they are was headed by Asa Hutchinson, a more than just a number on a page. former Republican colleague of ours, H. RES. 164 Last week, a young lady came to my and 4 star General Jim Jones, who was Resolved, That at any time after the adoption of this resolution the Speaker may, pur- office who was born in America to Hai- head of the National Security Council tian parents. Her name is Natalie. Nat- suant to clause 2(b) of rule XVIII, declare the in the Obama administration. House resolved into the Committee of the alie is a graduate student who has job It concluded that the United States Whole House on the state of the Union for offers lined up. She is ready to work engaged in the practice of torture at consideration of the bill (H.R. 624) to provide and commits herself to this country. Guantanamo Bay. It concluded that for the sharing of certain cyber threat intel- But Natalie can’t do those things be- the methods we used, like ligence and cyber threat information because of our broken immigration sys- waterboarding, slamming prisoners tween the intelligence community and cy- tem. She is neither recognized as a cit- into walls, chaining them in stress po- bersecurity entities, and for other purposes. izen here nor in Haiti. While in tears, The first reading of the bill shall be dis- sitions for hours, violated inter- pensed with. All points of order against con- she said she has no home. She can’t see national legal obligations with ‘‘no sideration of the bill are waived. General de- her family. She’s scared and feels firm or persuasive evidence that they bate shall be confined to the bill and shall alone. Natalie is one of those 11 million produced valuable information that not exceed one hour equally divided and con- people that are looking for a pathway could not have been obtained by other trolled by the chair and ranking minority to citizenship. means.’’ It also concluded that what we member of the Permanent Select Committee It is time to pass commonsense legis- did had ‘‘no justification’’ and ‘‘dam- on Intelligence. After general debate the bill lation that fixes our immigration sys- shall be considered for amendment under the aged the standing of our Nation, re- five-minute rule. In lieu of the amendment tem once and for all, one that serves duced our capacity to convey moral in the nature of a substitute recommended our interests and reflects our values for censure when necessary, and poten- by the Permanent Select Committee on In- Natalie and the 11 million other Nat- tially increased the danger to U.S. telligence now printed in the bill, it shall be alies who call America home. military personnel taken captive.’’ in order to consider as an original bill for the f It concluded that President Bush and purpose of amendment under the five-minute rule an amendment in the nature of a sub- AMERICA’S ECONOMY CAN THRIVE Vice President Cheney were directly involved in condoning such tactics and stitute consisting of the text of Rules Com- AGAIN mittee Print 113-7. That amendment in the that their legal advisors engaged in (Mr. ROTHFUS asked and was given nature of a substitute shall be considered as ‘‘acrobatic’’ legal analysis to attempt read. All points of order against that amend- permission to address the House for 1 to establish legal justification. ment in the nature of a substitute are minute and to revise and extend his re- There was no legal precedent. Guan- waived. No amendment to that amendment marks.) tanamo Bay should be closed—now. in the nature of a substitute shall be in order except those printed in the report of the Mr. ROTHFUS. Mr. Speaker, the so- f lution to our economic challenges is Committee on Rules accompanying this res- one simple word: growth. Unfortu- TAX REFORM olution. Each such amendment may be of- nately, the only place really growing in (Mr. SOUTHERLAND asked and was fered only in the order printed in the report, our country today is Washington, D.C. may be offered only by a Member designated given permission to address the House in the report, shall be considered as read, As I travel my district, workers, job for 1 minute and to revise and extend shall be debatable for the time specified in seekers, and small business owners tell his remarks.) the report equally divided and controlled by me they’re concerned about jobs and Mr. SOUTHERLAND. Mr. Speaker, the proponent and an opponent, shall not be economic security. it’s tax week. As you know, that means subject to amendment, and shall not be sub- Washington must unleash their eco- that Americans’ heads are chock-full of ject to a demand for division of the question nomic potential by spending less, tax- all kinds of numbers. We’ve done all in the House or in the Committee of the ing less, and regulating less. Wash- kinds of itemizations, deductions, and Whole. All points of order against such ington has to stop growing so the rest calculations in our personal finances amendments are waived. At the conclusion of consideration of the bill for amendment of the country can start to grow. just to make sure that we know how the Committee shall rise and report the bill Small business owners this year much we are going to hand over to to the House with such amendments as may spent upwards of 2 billion hours trying Uncle Sam. Let me share with you have been adopted. Any Member may de- to comply with our Tax Code. Simpli- some more numbers. mand a separate vote in the House on any

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.016 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2079 amendment adopted in the Committee of the of them is a bipartisan amendment. morrow than we are today, but the Whole to the bill or to the amendment in the But the rule is designed to allow that bulk of the words in this bill don’t nature of a substitute made in order as origi- further discussion because of the very speak to the sharing in terms of ena- nal text. The previous question shall be con- important nature of the underlying bling it. It speaks to the sharing in sidered as ordered on the bill and amendments thereto to final passage without inter- bill. terms of restricting it. Page after page vening motion except one motion to recom- I rise, of course, in support of the after page after page of this short, 24- mit with or without instructions. rule to allow for that debate, and I rise page bill talks about how we as citizens The SPEAKER pro tempore. The gen- in support for the underlying bill. In must, must, must continue to be safe tleman from Georgia is recognized for 1 today’s world, you don’t have to have a and secure in the privacy of our own hour. battlefield full of tanks to wage war on information. Mr. WOODALL. Mr. Speaker, for the your enemy. A nation-state can have a It’s a four-step process the bill lays purpose of debate only, I yield the cus- roomful of young computer scientists out, Mr. Speaker, in terms of how we tomary 30 minutes to my friend, the and a couple of computers and begin to can ensure that no personally identifiable information is being shared from gentleman from Florida (Mr. HAS- be a threat to the largest, most demo- Home Depot or Delta or UPS or any of TINGS), pending which I yield myself cratically controlled country in the such time as I may consume. During world. the other folks who are out there on consideration of this resolution, all How do we stop that, Mr. Speaker? the Internet when they’re sharing that time yielded is for the purpose of de- Because we don’t want to close our bor- with the government or with one an- bate only. ders. We don’t want to have Federal other in order to prevent threats to control over the Internet. In so many American security or economic pros- GENERAL LEAVE of these nation-states, the government perity, to ensure that personally iden- Mr. WOODALL. I ask unanimous con- does control the Internet. That’s never tifiable information is not a part of sent that all Members may have 5 leg- going to happen here in America. that information that’s shared, because islative days to revise and extend their That’s not who we are. That’s not what privacy is paramount. remarks. we’re about. In fact, 10 private sector I’ve been tremendously impressed The SPEAKER pro tempore. Is there providers control about 80 percent of through this process, Mr. Speaker, be- objection to the request of the gen- the networks here in America—as it cause I’m one of the folks who is most tleman from Georgia? should be. likely to be suspect when we start There was no objection. But what can we do to make our- talking about sharing information with Mr. WOODALL. Mr. Speaker, I al- selves safer tomorrow than we are the government. I’m a big lover of lib- ways enjoy the reading of the resolu- today? Here is what the underlying bill erty. There’s not many things I’m will- tion. There are a lot of readings that does, Mr. Speaker: it enables, for the ing to give liberty up for. In fact, I dare you can waive on the floor of this very first time, businesses and govern- say there’s not a one that I’m willing House, but not so with a Rules resolu- ments to share information about the to give liberty up for. tion because this resolution is framing threats that they are facing. But the Intelligence Committee, the nature of the debate we are going If you go up the road to Maryland, from which this bill came, has worked to have perhaps on the most important where the NSA is operating today, with Members month after month after issue that we’ve taken up so far in this there are some smart, smart folks month after month to ensure that pri- Congress. there, and I’m glad we have every sin- vacy is protected, that we as citizens The underlying bill is H.R. 624. It’s gle one of them on the front lines of can be secure. At the same time that the Cyber Intelligence Sharing and cyber warfare—protecting America, we’re fighting threats that perhaps Protection Act. protecting American enterprise. Yet we’re not allowed to talk about on this Whenever we start talking about today, when they are aware of threats floor, we’re protected from threats that cyber intelligence sharing and protec- that are impending threats to our fi- each and every one of us experiences in tion, folks often think that sharing and nancial system, threats to our eco- our day-to-day lives—a threat to pri- protection are oxymorons—you can’t nomic system, they can’t share that in- vacy. have protected sharing, and you can’t formation with the private sector. It’s not been easy to craft this bill, have shared protection. It’s not an easy Back in my home district, Mr. and it has been an incredible bipartisan nut to crack, Mr. Speaker. I don’t sit Speaker, we’re home to UPS—the effort throughout, Mr. Speaker, in on the Intelligence Committee, but I’ve United Parcel Service—Delta, Home order to put this language together. been down to the classified briefings Depot. If those companies come under Again, we have four Republican amend- where folks are sharing details of the attack today, Delta can’t share that ments made in order by this rule, seven amazing successes that our teams, both information with American Airlines Democratic amendments made in order domestically and abroad, are having and say, Look at what has just hap- by this rule, and one bipartisan amend- and combating in cyber threats; but pened to us. Be on the lookout. It ment made in order by this rule. It is it’s getting harder and harder every might happen to you. Home Depot my great hope that we can move for- day, and we have to balance the na- can’t share with Lowe’s today, This is ward today with this rule, with debate tional security implications of failing what has happened to us. We want you on the underlying bill, and move for- to address these threats with what we, to be on the lookout. Don’t let it hap- ward with something that is far, far, as all Americans, love, which is our lib- pen to you. far overdue, Mr. Speaker, and that’s erty here at home—our liberty here at protecting America—American busi- 1250 home, our privacy here at home. b ness and American individuals, Amer- In order to try to crack that, Mr. This bill changes that. This bill, for ican citizens—from the threats posed Speaker, you’ll know that we brought the first time, says in the name of de- by nation states through cyber warfare this bill to the floor in the last Con- fending America and American inter- from abroad. gress, and it has been changed and im- ests against cyber threats around the With that, I reserve the balance of proved since that time. Today, this globe, you can begin to share with one my time. rule makes in order an additional 12 another what your experiences are and Mr. HASTINGS of Florida. Mr. amendments. Now, of course we’ll have opportunities to protect yourself from Speaker, I thank my friend from Geor- the traditional 1 hour of debate on the having that happen to you again in the gia for yielding me the customary 30 underlying bill, but there will be an- future. minutes, and I yield myself such time other 12 amendments, each debated—2 Now, the real important thing to me as I may consume. hours of total additional time—so that about this bill, and I will just hold it Before I begin, I would like to take a Members can have their voices heard. up for you, Mr. Speaker, the Cyber In- moment, as have almost all of our col- Of these additional 12 amendments, telligence Sharing and Protection as- leagues that have spoken here today, four of them were offered by Repub- pect of this bill, it’s the important to offer my sincerest condolences to lican Members; seven of them were of- part. It’s the meat of this bill. It’s the people of Boston, Massachusetts, fered by Democratic Members; and one what’s going to allow us to be safer to- following the deadly explosions at

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.001 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2080 CONGRESSIONAL RECORD — HOUSE April 17, 2013 Monday’s marathon. I can’t speak for espionage that range as high as $400 measure as complicated as this one, everyone here, but I believe that most billion a year. contemplating all of the factors that of us would say that the thoughts and Unfortunately, the same vulnerabili- I’ve identified and more, including the prayers of the United States Congress ties used to steal trade secrets can be members of the committee. are with the victims, their families and used to attack the critical infrastruc- I would urge Members of the House of friends at this most difficult time. ture we depend on every day. Our econ- Representatives—many of them con- Those responsible for this act of terror omy, our power grids, and our defenses tinue to have concerns, not only about will be brought to justice. are increasingly reliant on computers this particular legislation, but about Mr. Speaker, while I rise today in and network integration. These net- other intelligence matters, and rightly support of H.R. 624, the Cyber Intel- works power our homes, provide our so are they concerned. But let me re- ligence Sharing and Protection Act, clean water, protect our bank ac- mind them that they are Members of a better known as CISPA, I do not sup- counts, defend our intellectual prop- body that allows, if they wish to go port the rule. My friend from Georgia erty, guard our national security infor- into the spaces of the Intelligence spoke about how important it is that mation, and manage other critical Committee and to be briefed by staff we have the reading of the rule, and services. In addition to intellectual and Members there on classified infor- one of the particular efforts of Con- property and national security intel- mation, upon appropriate under- gress that allows for there not to be ligence, personal finance, health care, takings, they too can gain the informa- any abridgement of that, but I do be- and other private records are prime tion and insight that’s needed in order lieve that we would be better served if targets for hackers to steal. to make an intelligent determination this were an open rule. According to the Information Tech- when they are voting, rather than Last night, during our Rules Com- nology Industry Council, 18 adults become out here and criticize the people mittee hearing, the majority blocked come victims to cyber crime—includ- that do that hard work. They get no several germane Democratic amending identity theft and phishing cam- benefits, no concerns from the Mem- ments which would have further helped paigns—every second. This adds up to bers, and yet, cannot say all of the to balance cybersecurity concerns with 1.5 million cyber crime victims each things that are needed to say or be said smart policies that protect our citi- day. to the American public. zens. I spoke to those issues last night, The same holds for ADAM SCHIFF and b 1300 and I raise them again, particularly JAN SCHAKOWSKY and others that I the two amendments offered by our Cyber attacks present a very real and won’t mention that I served on that colleagues, Ms. SCHAKOWSKY and Mr. dangerous threat to the United States. committee with. These are conscien- SCHIFF, and others. However, the government currently tious people who spend more time than However, the underlying CISPA leg- does not have the authority to share almost any Member of Congress on any islation is, as my friend from Georgia classified cyber intelligence informa- matter that he or she is attending to, said, a bipartisan bill that aims to safe- tion with the private sector. and I have great respect for them. I guard our Nation’s computer networks While private companies have taken don’t agree with everything that either and critical infrastructure by allowing considerable measures to protect their or all of them say, but I know they put for two-way cyber threat information networks, they often have limited in- their heart and time, both in the sharing on an entirely voluntary basis, formation and can only respond to amendments that are offered, as well both between the private sector and known threats. as in this bill and the particulars that the Federal Government, and within Cyber threats evolve at the speed of are being put forward to this body. the private sector itself. technology, and CISPA, this measure, As a result of their work, 19 improve- In his March 12, 2013, testimony be- helps the private sector protect against ments to enhance privacy and protect fore the Senate Intelligence Com- cyber attacks by providing companies Americans have been adopted. Chief mittee, the Director of National Intel- with the latest cyber threat informa- among them, this CISPA measure that ligence, James Clapper, stated for the tion from the intelligence community, requires the government to eliminate first time that cyber attacks and cyber which has timely, classified informa- any personal information it receives espionage have supplanted terrorism as tion about destructive malware. This that is not necessary to understand the the top security threat facing the cyber threat intelligence is the infor- cyber threat. United States. mation that companies and the govern- It creates no new authorities for any In recent months, media reports have ment need to protect and defend their agency, and I can’t say that enough. It highlighted cyber attacks on several networks. creates no new authorities for any major U.S. companies, including The so-called ‘‘signatures’’ are pri- agency. Facebook, Google, and the network se- marily made up of numerical codes It gives companies the flexibility to curity firm RSA, as well as The New consisting of zeros and ones, without choose which agency within the intel- York Times, Bloomberg News, and The any personal information attached. ligence community they would like to Washington Post newspapers. CISPA is the product of close co- work with to protect the cyber net- Furthermore, government networks operation between the intelligence works. It requires an annual review such as those of the Central Intel- community, the private sector compa- and report by the intelligence commu- ligence Agency and the United States nies, and trade groups and, to a certain nity’s inspector general of the govern- Senate have also been targeted by degree, the White House, as it pertains ment’s use of any information shared hackers. Waves of cyber attacks have to many of the measures that are in- by the private sector. sought to disrupt operations at finan- cluded in this legislation. And I would urge Members, when we cial institutions and service providers, During their efforts to improve the increase the responsibilities of the in- including American Express, JPMorgan bill, they also maintained a dialogue spector general that we also give the Chase, Citigroup, Wells Fargo, Bank of with privacy advocates in an effort to inspector general the resources in America, MasterCard, PayPal, and strengthen civil liberties protections order to be able to do the necessary Visa. and oversight. oversight that is required in this legis- The fact of the matter is that state I add a personal note here for the rea- lation. actors, terrorist organizations, crimi- son that, over a period of 10 years, I It includes something that I very nal groups, individuals, and countless served 8 of those years on the Intel- much support, and that is a 5-year sun- persons that describe themselves as ligence Committee, and the now-chair- set provision. I’ve supported other 5- hackers attack our public and private man of the Intelligence Committee and year sunset provisions in the intel- computer networks thousands of times ranking member were both junior ligence community and would have every day. Many foreign hackers seek members of the committee that I preferred, in this instance, that it be a to steal valuable trade secrets, which served on. They have risen to the posi- 3-year provision. But the fact of the results in the loss of countless Amer- tion that they are in and have acted in matter is, it’s 5, and we will learn an ican jobs. There are estimates that an extremely responsible way, over a 2- awful lot during that period of time, have been quoted of loss from economic year period of time, trying to bring a and we will be back here dealing with

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.019 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2081 this same subject at some point in the personal information is scrubbed from ward by Members of both parties and future. that as it comes in. under this rule were prevented from Allowing for the appropriate sharing There are immense reporting require- being debated upon here on the floor of of cyber threat information between ments for this system to be put in the House, which is why I strongly en- the government and private sector is place, so that if there are occasional courage my colleagues to vote ‘‘no’’ on key to protecting our Nation from breaches, and there may be, that those the rule and ‘‘no’’ on the underlying those who would do us harm. CISPA breaches are reported on a timely basis bill in its present form. balances the critical need to strength- to the committee, not at the end of There’s no disagreement that cyber- en our cyber defenses while protecting some arbitrary period but as quickly as security is a very real and important Americans’ individual privacy. the system can report it to the over- issue. Threats come from criminal en- I reserve the balance of my time. sight committees that have jurisdic- terprises, they come from nation Mr. WOODALL. Mr. Speaker, at this tion. states, they come from corporations, time it’s my great pleasure to yield 3 There is no ambiguity in this bill. It they come from 16-year-olds. There’s a minutes to the gentleman from Texas says what can be done and what cannot variety of threats to both the public (Mr. CONAWAY), one of those Members be done, and it outlines the con- and private sector both here and on the Intelligence Committee my sequences for breaking the law. abroad. The question is, What’s the so- friend from Florida spoke of, a gen- Let me also agree with my colleague lution? tleman who serves us all. from Florida. It has a sunset provision. One of the first fallacies with the Mr. CONAWAY. Mr. Speaker, I appre- Five years from now, future Congresses premise of this bill at the 20,000-foot ciate the opportunity to speak. will have to either deal with this or it level is, Who helps who? Frankly, it is I rise in strong support of the rule goes away. And so unlike many of our the government that needs to learn and and the underlying legislation that is bills that just simply go on unless we the private sector that leads the way. before us this afternoon. actually do something, this has the I’ve talked to a number of technology I also want to congratulate my col- protection of allowing those who dis- executives, having been a technology league from Florida. I agree whole- agree with it to know that there will executive before I got here, and they heartedly with his reasons why this is be another bite at this apple 5 years are frequently ahead of the govern- important. He walked through those from now if, in fact, there are things ment. Because everyday they’re fight- very eloquently. we’ve learned about that intervening 5- ing hacking attempts and they’re on I’d like to speak quickly as to what year period. the front lines of cybersecurity. this bill does not do. It does not create But this is critical for America to Now it’s not a doubt whether they a government surveillance program. It have this. If this were a physical at- want free help. Who wouldn’t want free does not give the government the au- tack on this country, there would be no help? Should we in fact as taxpayers thority to monitor private networks or question that the Federal Government, subsidize the defense of those who have communications like email or other through its military, would stand in not invested in their own cybersecu- activities. the breach and protect this country. rity? Should this be a bailout of com- And it is strictly voluntary. It does There are no less dangerous attacks panies with poor cybersecurity? But not create a mandate on the private conducted against infrastructure, the truth of the matter is most of the sector that they participate. In fact, banks, airlines, other things every sin- learning that needs to occur is from these activities, monitoring and sur- gle day that we weren’t able to help the private sector to the government. veillance, are specifically excluded protect the private sector from, and And, in fact, we’re taking some of from being an activity that would be this bill goes a long way toward doing those steps. The government and the authorized under this bill. that. NSA are using private contractors who There are four purposes for which I urge my colleagues to support the are in the forefront of this issue every this activity can be conducted, and rule and the underlying bill. day, and that’s more of the direction whatever gets done has to fit within Mr. HASTINGS of Florida. Mr. we need to go. one of these four. One is cybersecurity. Speaker, I’m privileged to yield 5 min- The notion that somehow the govern- Two is investigating and prosecuting utes to the distinguished gentleman ment would be of assistance to compa- cybersecurity crimes. Three would be from Colorado (Mr. POLIS), my col- nies is laughable to many of the tech- preventing death and physical injury, league on the Rules Committee. nology executives that I talk to; nor and four would be protecting minors Mr. POLIS. Mr. Speaker, where to would they expect to call the govern- from physical and psychological harm. begin? ment for help when they themselves So whatever gets done under this bill Let’s start with process. This, as has are so far ahead. But to the extent we has to fit within those narrow cat- been indicated by everyone who spoke want to get the government involved egories specifically to make that hap- thus far, is a critical issue for our with information and with the private pen. country, getting the balance right be- sector here, we need to be very careful As both speakers have said already, tween protecting American infrastruc- how this information is used, not just great work has been done in trying to ture and our way of life, with our civil from a civil liberties perspective, protect the privacy and the civil lib- liberties and confidence in the Internet which we’ll be talking about, but be- erties that all of us have. Those who ecosystem. And yet, this rule only al- cause this is an economic issue; it’s a have a grave concern that we’ve not lows 1 hour of debate in the House of confidence issue. fixed those, I would ask them to simply Representatives on this bill. The Internet has been a tremendous go review the contract they have with engine of innovation and economic their Internet service provider. They b 1310 growth. And we should be concerned have ceded immense personal liberties I might add, the amendments that for the Internet ecosystem, concerned and privacies under that contract to were talked about in the Rules Com- for the millions of jobs, concerned for simply sign up with that Internet serv- mittee last night, the amendments the great value that’s been created, the ice provider. that actually address some of the defi- benefits to consumers across the coun- So as they look at what we’re trying ciencies which I’ll be getting into try, the way it’s touched our lives in so to do with this bill, I would argue that about this bill, are not allowed under many ways. they may have already gone past that this rule. In fact, out of the 12 amend- What’s fundamentally flawed in this with respect to those guys. ments allowed, two of them are actu- approach is it trumps privacy agree- This bill does nothing like that what- ally the same. The same exact amendments in terms of use that Internet soever. No personal information can be ment allowed twice. And yet a number companies enter with their users. So shared. There’s a mandate that the of other amendments are not even al- you could sign up for a service on the government put in place filters so that, lowed to be debated or voted on here on Internet, it could say explicitly we will as that data’s coming in at the speed of the floor of the House. not share this information with the light, no one’s reading this informa- I hold in my hands many, many government unless required by law, in tion. This is machine-to-machine. That amendments that were brought for- terms of use—and frequently there are

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.020 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2082 CONGRESSIONAL RECORD — HOUSE April 17, 2013 statements analogous to that in ly heartfelt are his concerns to na- under the immunized conduct in the there—and the minute you click send tional security if we fail to come to- bill, private entities can share informa- and complete it, if this bill were law, gether and address this issue. tion with each other without ever the company you gave that informa- I would like to be able to say, Mr. going through the government. In tion to could then turn around, in vio- Speaker, that when we pass this bill those circumstances, how can the gov- lation of their own terms of use, and today, it’s going directly to the Presi- ernment minimize what it never pos- provide all that information to the dent’s desk for signature. I don’t actu- sesses? So government-side minimiza- government. ally believe that to be true. I think it’s tion alone, which is all this bill in- The limitations on what the govern- a long process between now and getting cludes, is not enough. ment would do with that information it to the President’s desk for signature. We have responded to the concerns of are completely inadequate. There is a And I know the gentleman will be rais- industry by making sure that when we section of the bill on pages 10 and 11 ing these concerns throughout that ask them to take reasonable efforts to that deals with those limitations. process. remove personal information, they can First, it says that information can be But I just cannot emphasize enough, do so in real-time through automated used for cybersecurity purposes. Okay, Mr. Speaker, the dangers to the lib- processes. The witnesses who testified that’s the purpose of the bill: inves- erties of the American people of failing before the Intelligence Committee said tigation and prosecution of cybersecu- to begin this process today. I’m very that often the private parties are in rity crimes. That’s okay. Then it goes proud we’re allowing 12 amendments the best position to anonymize the far afield into pretty much everything. today to work through the concerns data. This is something they’re doing It talks about bodily harm, danger of that the gentleman has, among others. anyway. And it’s more than reasonable to require them to do that, particu- death. When we look at bodily harm But the importance of beginning this larly if we want to give them a broad and bodily injury, that includes things process today cannot be overstated. grant of immunity. under USC section 18, 365: cuts, abra- I reserve the balance of my time. sions, bruises, disfigurement, including Mr. HASTINGS of Florida. Mr. b 1320 mental pain. Speaker, I am very pleased at this time Mr. Speaker, without an amendment So this is anything the government to yield 3 minutes to the gentleman to ensure that companies remove pri- wants to use the information for. Paper from California (Mr. SCHIFF), my friend vate information when they can do so— that can cause paper cuts. The govern- and a distinguished member of the In- when they can do so through reason- ment can collect who’s buying paper, telligence Committee. able efforts—I cannot support the un- who’s buying scissors, who’s playing Mr. SCHIFF. I thank the gentleman derlying bill. I believe that Members of football, who’s organizing gun shows, for yielding. both parties who support this change who’s a Tea Party enthusiast. Mr. Speaker, I rise in opposition to deserve the chance to vote on it. I sus- The SPEAKER pro tempore. The the rule. At the outset, let me say that pect that because that issue would time of the gentleman has expired. the cyber threat is real and its damage have gathered broad support, it is not Mr. HASTINGS of Florida. I yield the already devastating. And I very much being brought up for a vote here on the gentleman 1 additional minute. appreciate the work that the chair and floor, and that is very disappointing. Mr. POLIS. And there are absolutely ranking member of the Intelligence Accordingly, I urge a ‘‘no’’ vote on the no protections with regard to what is Committee have done on this bill, and rule, and I thank the gentleman for done with that information. I appreciate that we have made and are yielding. There are a number of improvements continuing to make improvements. Mr. WOODALL. Mr. Speaker, I yield that could make this bill viable, and But as the bill currently stands and myself 60 seconds to say I agree with these are not allowed under this rule. as it will stand even after the amend- my friend, that the private sector is My colleague, Mr. SCHIFF, has put for- ments allowed by the rule are adopted, often in the best position to get the ward an amendment that would have the bill simply does not do enough to work done that we’re talking about in simply required that reasonable pre- protect the private information of this bill. cautions were taken to ensure privacy Americans. Most importantly, I’m dis- I would refer my colleague, Mr. was protected. That would be a strong appointed that the proposed rule does Speaker, to the Intelligence Commit- step forward. Real limitations about not allow an amendment that I offered tee’s Web site—it’s intel- actually tying the use of this informa- with Ms. SCHAKOWSKY, Ms. ESHOO, Mr. ligence.house.gov—where you can see tion to cybersecurity would be an im- HOLT, and Mr. THOMPSON of Mississippi. the long list of those private sector ac- portant step forward with the bill. My amendment would fix an issue spe- tors who are supporting this bill here What’s at danger is, yes, civil lib- cifically cited by the White House in today, that long list of folks in the pri- erties; but the danger is the confidence its Statement of Administration Policy vate sector responsible for the security in the Internet ecosystem that has in explaining why the President’s ad- of their firms, of the information that driven our economic growth over the visers would recommend a veto of Americans have entrusted to them, last decade. There will be great harm if CISPA without important change. It asking this body to move forward with that confidence is shaken, great harm would require the companies that share this bill today. There’s no question, Mr. Speaker, if people know that the information cyber threat information either with when you’re dealing with something of that they provide and sign up for can the government or with another pri- the magnitude of the national security immediately be turned over to a gov- vate company to make reasonable ef- threats posed by cyber warfare and the ernment agency—indeed, a secretive forts to remove personally identifiable privacy protections that everyone in government agency—with no recourse information. this body is committed to, that you’re and completely exempt from any liabil- As the administration stated in its going to end up with conscientious men ity for the company that’s done it. veto threat, the administration re- and women on both sides of this issue. It’s been noted that this program is mains concerned that the bill does not But it is important to note that the voluntary. It may be voluntary for the require private entities to take reason- private sector—which is being corporations. It’s not voluntary for the able steps to remove irrelevant per- bombarded each and every day with individual. It’s not voluntary for the sonal information when sending cyber- threats from nation-state actors over- citizens of the country who provide security data to the government or seas—is asking, pleading with this that information. other private sector entities. Citizens body to move forward with this bill. Mr. WOODALL. Mr. Speaker, I yield have a right to know that corporations I reserve the balance of my time. myself 1 minute to say I know my will be held accountable—and not Mr. HASTINGS of Florida. Mr. friend from Colorado’s concerns are granted immunity—for failing to safe- Speaker, may I inquire about how heartfelt, and he shared those last guard personal information adequately. much time remains on both sides? night in the Rules Committee. The The requirement of government- The SPEAKER pro tempore. The gen- gentleman has a great deal of experi- alone efforts to safeguard or minimize tleman from Florida has 9 minutes re- ence in this industry. And as heartfelt personal information is simply not maining. The gentleman from Georgia as his concerns are, I know, too, equal- enough. This is most apparent when, has 17 minutes remaining.

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.022 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2083 Mr. HASTINGS of Florida. With that, We have criminal procedures and have protected the information flowing into Mr. Speaker, in an effort to respond to processes around how information can the government. my colleague and friend from Georgia, and can’t be used. This is the biggest A second critical flaw with CISPA is that it fails to include meaningful limits on the I yield 1 additional minute at this time government takeover of personal infor- extent of private sensitive information that to the gentleman from California (Mr. mation that I’ve seen during my time companies can send into the government. SCHIFF). here in Congress. Again, I believe, on The HPSCI also voted down an amendment Mr. SCHIFF. I thank the gentleman the balance, it harms what it purports requiring that before sharing cyber threat for yielding the additional time. to protect. information with the government, companies must ‘‘make reasonable efforts’’ to remove And just to respond to my colleague, ‘‘JUST SAY NO’’ TO CYBERSECURITY BILL ‘‘any information that can be used to iden- I’d be interested to know if there is (By Former Rep. Bob Barr (R–Ga.), Apr. 16, anything you can point to in those 17 tify a specific person unrelated to the cyber 2013) threat.’’ A similar provision was included in amendments that governs or requires Anyone who has read or watched any news last year’s Senate cybersecurity bill, and the private sector, when it shares in- source over the past year knows President witnesses at a hearing before HPSCI earlier formation with other private sector en- Obama, numerous Administration officials, this year testified that companies can easily tities, to remove personally identifi- and many leaders in Congress agree that ad- strip out personally identifiably information able information. Because under the dressing the threat of cyber attacks is a crit- that is not necessary to address cyber bill, the only minimization that’s re- ical national priority. Based on this threat threats. Yet CISPA still lacks any such safe- analysis, the administration and many mem- guard. quired is being done by the govern- bers of Congress continue to push for passage It is true that from a privacy perspective, ment; and in the case of private-to-pri- of cybersecurity legislation that would clar- this version of CISPA is an improvement vate sector sharing, there is no govern- ify and expand the government’s powers to over last year’s bill. Most notably, the bill ment role. So this is the big hole. receive and process traffic from American no longer permits private information to be While there are many private sector computer networks. used for broad ‘national security uses’’ unre- companies that may support the bill It would, however, be a mistake for Con- lated to cybersecurity. But it clearly is not because it gives them broad immunity gress to rush to enact legislation that could sufficient. Congress must take the civil lib- without any responsibility, that militarize our computer networks, and pave erties threats created by this bill just as se- the way for private companies to share vast riously as it takes the cyber threats the leg- doesn’t mean it’s good policy, particu- quantities of sensitive and highly personal islation purports to address. CISPA does not larly when private companies have said information with the government, all in the meet this test, and members of the House they would make reasonable efforts. name of ‘‘cybersecurity.’’ Although a care- should just say no. They’re willing to do it; they can do it; fully-crafted ‘‘information sharing’’ program they have the capacity to do it; we’re that includes robust protections for civil lib- STATEMENT OF ADMINISTRATION POLICY just not asking them to do it or requir- erties could be an effective approach to cy- H.R. 624—VYBER INTELLIGENCE SHARING AND ing them to do it. And we’re giving bersecurity, the bill about to come up for a PROTECTION ACT something of great value to them, and vote in the House clearly fails this test. (Rep. Rogers, R–MI, and Rep. Ruppersberger, The Cyber Intelligence Sharing and Pro- D–MD), Apr. 16, 2013) that is we’re giving them broad immu- tection Act (CISPA), H.R. 624, is set to be nity. I think with that immunity ought Both government and private companies considered by the full House of Representa- need cyber threat information to allow them to come some responsibility; and it tives later this month. Although the bill to identify, prevent, and respond to mali- shouldn’t be too much to ask that that that emerged from markup by the House cious activity that can disrupt networks and responsibility take the form of a rea- Permanent Select Committee on Intelligence could potentially damage critical infrastruc- sonable effort, not a herculean one, not (HPSCI) includes some improvements in pri- ture. The Administration believes that care- an impossible one, but a reasonable ef- vacy safeguards over the earlier version, fully updating laws to facilitate cybersecu- fort to ensure that Americans’ privacy CISPA’s proponents have overstated the pro- rity information sharing is one of several tections incorporated into the bill. As a re- interests are observed and they take legislative changes essential to protect indi- sult, members of Congress should vote viduals’ privacy and improve the Nation’s out that information when they can. against CISPA when it comes to the House cybersecurity. While there is bipartisan con- Mr. WOODALL. Mr. Speaker, I re- floor. sensus on the need for such legislation, it serve the balance of my time. Last year, The Constitution Project’s bi- should adhere to the following priorities: (1) Mr. HASTINGS of Florida. Mr. partisan Liberty and Security Committee, carefully safeguard privacy and civil lib- Speaker, again, for purposes of clarity, on which I serve, prepared a detailed report erties; (2) preserve the long-standing, respec- I yield 1 additional minute to my col- on ways that Congress could protect our native roles and missions of civilian and intel- tion’s computer networks from cyber league from Colorado (Mr. POLIS). ligence agencies; and (3) provide for appro- Mr. POLIS. Mr. Speaker, I have three threats, while at the same time preserving priate sharing with targeted liability protec- the constitutionally-guaranteed rights of tions. documents to submit to the RECORD: Americans. Unfortunately, the drafters of The Administration recognizes and appre- one from former Representative Bob CISPA failed to incorporate the robust safe- ciates that the House Permanent Select Barr, one Statement of Administration guards we recommended. Committee on Intelligence (HPSCI) adopted Policy, and a letter from several tech Most critical, CISPA’s sponsors have re- several amendments to H.R. 624 in an effort companies and others opposed to the sisted all efforts to ensure that the new cy- to incorporate the Administration’s impor- bill. bersecurity program would maintain civilian tant substantive concerns. However, the Ad- I quote, in part: control of our nation’s computer networks. ministration still seeks additional improve- CISPA would allow private companies, ments and if the bill, as currently crafted, Developments over the last year make cloaked with broad immunity from legal li- were presented to the President, his senior CISPA’s approach even more questionable ability, to share sensitive information such advisors would recommend that he veto the than before. as internet records or the content of emails, bill. The Administration seeks to build upon Former Representative Bob Barr: with any agency in the government, includ- the continuing dialogue with the HPSCI and Congress must take the civil liberties ing military and intelligence agencies. Sen- stands ready to work with members of Con- threats created by this bill just as seriously sitive personal information from private gress to incorporate our core priorities to as it takes the cyber threats the legislation computer networks should not be shared di- produce cybersecurity information sharing purports to address. rectly with the military or the National Se- legislation that addresses these critical Mr. Speaker, we should not hurt the curity Agency (NSA), the agency that gained issues. widespread public notoriety seven years ago H.R. 624 appropriately requires the Federal Internet to save the Internet; and this for its warrantless wiretapping program— Government to protect privacy when han- bill, in its current form, leaves the lan- hardly the agency we want to see tasked dling cybersecurity information. Impor- guage wide open with potential abuse. with receiving private internet traffic. tantly, the Committee removed the broad Again, when we talk about bodily Sadly, the members of HPSCI voted down national security exemption, which signifi- harm, I have learned that in a Cali- an amendment that would have ensured ci- cantly weakened the restrictions on how this fornia statute that includes dog bites. vilian control of computer networks, by information could be used by the govern- Essentially, anything is included in specifying that when private companies ment. The Administration, however, remains this information without limitation share information with the federal govern- concerned that the bill does not require pri- ment, they should not provide it to the NSA vate entities to take reasonable steps to re- with regard to how the government can or any other military agency or department. move irrelevant personal information when use it. This is a backdoor attack on the This amendment would still have permitted sending cybersecurity data to the govern- Fourth Amendment against unreason- the NSA to share its own expertise on cyber ment or other private sector entities. Citi- able search and seizures. threats with the private sector, but would zens have a right to know that corporations

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will be held accountable—and not granted APRIL 15, 2013. Association of Criminal Defense Lawyers; immunity—for failing to safeguard personal DEAR REPRESENTATIVE: Earlier this year, New American Foundation’s Open Tech- information adequately. The Administration many of our organizations wrote to state our nology Institute; OpenMedia.org; is committed to working with all stake- opposition to H.R. 624, the Cyber Intelligence PolitiHacks; Reddit; RootsAction.org; Tech holders to find a workable solution to this Sharing and Protection Act of 2013 (CISPA). Freedom. challenge. Moreover, the Administration is We write today to express our continued op- Mr. WOODALL. Mr. Speaker, I yield confident that such measures can be crafted position to this bill following its markup by in a way that is not overly onerous or cost the House Permanent Select Committee on myself 60 seconds again to say to my prohibitive on the businesses sending the in- Intelligence (HPSCI). Although some amend- friend from Colorado that I know his formation. Further, the legislation should ments were adopted in markup to improve concerns are heartfelt; but he knows, also explicitly ensure that cyber crime vic- the bill’s privacy safeguards, these amend- as I do, there’s nothing that we can do tims continue to report such crimes directly ments were woefully inadequate to cure the in statute here today that would trump to Federal law enforcement agencies, and civil liberties threats posed by this bill. In any of our civil liberties that are pro- continue to receive the same protections particular, we remain gravely concerned tected under the Constitution of the that they do today. that despite the amendments, this bill will The Administration supports the long- allow companies that hold very sensitive and United States of America. The Con- standing tradition to treat the Internet and personal information to liberally share it stitution of the United States of Amer- cyberspace as civilian spheres, while recog- with the government, including with mili- ica trumps all. nizing that the Nation’s cybersecurity retary agencies. What we’re doing here today, Mr. quires shared responsibility from individual CISPA creates an exception to all privacy Speaker, is responding to a very seri- users, private sector network owners and op- laws to permit companies to share our infor- ous national security threat, and we’re erators, and the appropriate collaboration of mation with each other and with the govern- doing so in a way that can give Ameri- civilian, law enforcement, and national secu- ment in the name of cybersecurity. Although rity entities in government. H.R. 624 appro- a carefully-crafted information sharing pro- cans great comfort that their civil lib- priately seeks to make clear that existing gram that strictly limits the information to erties are every bit as protected today public-private relationships—whether vol- be shared and includes robust privacy safe- as they were yesterday. In fact, Mr. untary, contractual, or regulatory—should guards could be an effective approach to cy- Speaker, in that these nation-states be preserved and uninterrupted by this newly bersecurity, CISPA lacks such protections are hacking into these accounts and authorized information sharing. However, for individual rights. CISPA’s information accessing our personal information newly authorized information sharing for cy- sharing regime allows the transfer of vast every single day, I would tell you that bersecurity purposes from the private sector amounts of data, including sensitive infor- we will actually have our privacy more to the government should enter the govern- mation like internet records or the content ment through a civilian agency, the Depart- of emails, to any agency in the government protected in the presence of a secure ment of Homeland Security. including military and intelligence agencies Internet than we do today, as nation- Recognizing that the government will con- like the National Security Agency or the De- states are frequently eroding our cy- tinue to receive cybersecurity information partment of Defense Cyber Command. bersecurity border here in the United through a range of civilian, law enforcement, Developments over the last year make States of America. and national security agencies, legislation CISPA’s approach even more questionable With that, I reserve the balance of must promote appropriate sharing within than before First, the President recently my time. the government. As stated above, this shar- signed Executive Order 13636, which will in- Mr. HASTINGS of Florida. Mr. ing must be consistent with cybersecurity crease information sharing from the govern- use restrictions, the cybersecurity respon- ment to the private sector. Information Speaker, I would advise my friend from sibilities of the agencies involved, as well as sharing in this direction is often cited as a Georgia that I’m the last speaker. If he privacy and civil liberties protections and substantial justification for CISPA and will is prepared to close, I am prepared to transparent oversight. Such intra-govern- proceed without legislation. Second, the cy- close. mental sharing and use should not be subject bersecurity legislation the Senate considered Mr. WOODALL. I thank my friend. I to undue restrictions by the private sector last year, S. 3414, included privacy protec- have one speaker remaining. companies that originally share the informa- tions for information sharing that are en- Mr. HASTINGS of Florida. I reserve tion. To be successful in addressing the tirely absent from CISPA, and the Obama the balance of my time. range of cyber threats the Nation faces, it is administration, including the intelligence vital that intra-governmental sharing be ac- community, has confirmed that those pro- Mr. WOODALL. Mr. Speaker, at this complished in as near real-time as possible. tections would not inhibit cybersecurity pro- time it is my great pleasure to yield as The Administration agrees with the need grams. These included provisions to ensure much time as he may consume to the to clarify the application of existing laws to that private companies send cyber threat in- chairman of the Rules Committee, the remove legal barriers to the private sector formation only to civilian agencies, and a re- gentleman from Texas (Mr. SESSIONS). sharing appropriate, well-defined, cybersecu- quirement that companies make ‘‘reasonable Mr. SESSIONS. Mr. Speaker, I want rity information. Further, the Administra- efforts’’ to remove personal information that to thank the gentleman, my dear tion supports incentivizing industry to share is unrelated to the cyber threat when shar- friend from Georgia (Mr. WOODALL), appropriate cybersecurity information by ing data with the government. Finally, wit- providing the private sector with targeted li- nesses at a hearing before the House Perma- not only for managing his rule, but for ability protections. However, the Adminis- nent Select Committee on Intelligence con- the time that he has invested not into tration is concerned about the broad scope of firmed earlier this year that companies can just this issue, but the issues that liability limitations in H.R. 624. Specifically, strip out personally identifiably information come before the Rules Committee, and even if there is no clear intent to do harm, that is not necessary to address cyber I want to thank him for his service. the law should not immunize a failure to threats, and CISPA omits any requirement I also want to thank, if I can, the take reasonable measures, such as the shar- that reasonable efforts be undertaken to do gentleman from Florida (Mr. HAS- ing of information, to prevent harm when so. and if the entity knows that such inaction We continue to oppose CISPA and encour- TINGS)—welcome back to the com- will cause damage or otherwise injure or en- age you to vote ‘no.’ mittee after a couple of days of being danger other entities or individuals. Sincerely, out with surgery—and for the vigorous Information sharing is one piece of larger Access; Advocacy for Principled Action in hearing that we had yesterday at the set of legislative requirements to provide the Government; American Arab Anti-Discrimi- Rules Committee. private sector, the Federal Government, and nation Committee; American Association of Mr. Speaker, we had an opportunity law enforcement with the necessary tools to Law Libraries; American Civil Liberties to have Mr. RUPPERSBERGER, the leader combat the current and emerging cyber Union; American Library Association; Ami- for the Democrats from the Intel- threats facing the Nation. In addition to up- cus; Association of Research Libraries; Bill dating information sharing statutes, the of Rights Defense Committee; Breadpig.com; ligence Committee, as well as MIKE Congress should incorporate privacy and Center for Democracy & Technology; Center ROGERS from Michigan, the chairman civil liberties safeguards into all aspects of for National Security Studies; Center for of the committee. Both came and vig- cybersecurity and enact legislation that: (1) Rights; Competitive Enterprise Institute; orously talked about the things which strengthens the Nation’s critical infrastruc- The Constitution Project; Council on Amer- are aimed at our country—cyber ture’s cybersecurity by promoting the estab- ican-Islamic Relations; CREDO Action; threats, nation-states, nations such as lishment and adoption of standards for crit- Daily Kos; Defending Dissent Foundation; China, North Korea, and others who are ical infrastructure; (2) updates laws guiding Demand Progress. Federal agency network security; (3) gives DownsizeDC.org, Inc.; Electronic Frontier trying to invade our Internet here in law enforcement the tools to fight crime in Foundation; Fight for the Future; Free Press the United States and to steal not only the digital age; and (4) creates a National Action Fund; Government Accountability information and data, but also Data Breach Reporting requirement. Project; Liberty Coalition; Mozilla; National thoughts, ideas, and money. So it gave

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.004 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2085 us an opportunity yesterday to have a I thank the distinguished chairman time and time again in order to under- great hearing, one which was full of de- of the Rules Committee, my good stand the threats that this Nation is tail, one which really offered intrigue friend, Mr. SESSIONS, for his expla- facing, understand the challenges that by our Members and a lot of thought nation of the measure going forward. I this community of intelligence profes- process by all those who came before certainly do not anticipate that my sionals is grappling with around the the committee. side will oppose the measure as offered. globe, and I don’t want to be the one However, I would like to advise, if I In addition thereto, I would highlight who shares those stories here on the can, that following the closing state- what he did eloquently point out, and House floor by mistake. I don’t envy ments on the rule before us, the gen- that is the bipartisan effort that has the gentleman from Florida having to tleman from Georgia (Mr. WOODALL) been put into this, including all of the balance being in that committee every will be offering an amendment to the negotiations leading up to now what single day, trying to protect the secu- rule that seeks to address concerns will be the McCaul amendment offered rity of every single citizen, and not with the role of civilian Federal agen- by Mr. WOODALL. being able to come out of that com- cies in receiving the cyber information CISPA, Mr. Speaker, provides the mittee room and share with, not just that would be transmitted from the government and private sector with your colleagues here in the House, but private sector that is included in the the tools they need to secure our net- your constituents back home, why it is underlying bill. This amendment was works and prevent future cyber at- you’re doing the things that you do. in negotiation yesterday and submitted tacks, while respecting the privacy of Can you imagine, Mr. Speaker, what for consideration to the Rules Com- individuals. would have happened in World War II if mittee, but the final compromise was In bringing private companies and we had to keep the bombing of Pearl not ready at the time that the com- trade groups to the table, as well as Harbor a secret? It’s a secret. Nobody mittee finished its work product yes- taking into consideration the concerns knows. What do you think the support terday evening, so negotiations contin- expressed by civil liberties organiza- would have been, Mr. Speaker, for tak- ued all last night and through this tions, CISPA has been improved to bet- ing affirmative action in World War II? morning until today. ter address the growing cybersecurity It would have been hard to generate On a bipartisan basis, these negotia- risks faced by the Federal Government that support. I would have voted ‘‘no.’’ tions have given us what I consider to and private sector, provide greater There are things going on in this Na- be a good amendment with good merits oversight, and protect Americans’ pri- tion and in this world today, Mr. and should be considered under this vacy. We can take significant steps to Speaker, that our Intelligence Com- rule. The amendment has been vetted reduce our vulnerability to cyber mittee grapples with, that our intel- thoroughly by the five committees threats today. ligence professionals grapple with, which share jurisdiction in this matter, I have had the honor and privilege of things that are frightening, and things including Ranking Members THOMPSON meeting many of our intelligence pro- that threaten the liberty of this coun- and RUPPERSBERGER, and, by the way, fessionals when I served as a member of try and the economic security of this my colleague, the ranking member of the Intelligence Committee; and since country. Now, I don’t want to be a fear- the Rules Committee, Ms. SLAUGHTER. that time, I cannot overstate how monger, Mr. Speaker. What I love If the rule is amended, the language much I appreciate, and am humbled by, about this country is no matter what would be offered by Mr. MCCAUL, the their service. the challenge is, we are great enough chairman of the House Committee on Furthermore, I want to take this mo- collectively to rise to meet it. Homeland Security. I’m confident that ment of personal privilege to thank my In this case, we happen to need to this work product and the work which good friends, Chairman ROGERS and rise to meet it in a subject matter that we are bringing to this floor will con- Ranking Member RUPPERSBERGER, and is near and dear to the heart of every tinue to support not just the rule, but to underscore one of the unnoticed and American, which is my Internet pri- the legislation that would be before hardworking staffs’ efforts, and that vacy. I care a lot about Internet pri- this House tomorrow by the Rules would be the House Intelligence Com- vacy, Mr. Speaker. I’ve got a VPN sys- Committee. mittee staff, for their hard work and tem set up so nobody is listening in on So I believe that this helps not just dedication in helping to see this and my Wi-Fi. I change my password about the underlying bill, but really is a tes- other measures having to do with the every 10 days to make sure nobody is tament to the work on a bipartisan intelligence of this committee to the making any progress towards hacking basis among our committees, among a House floor, as well as in cooperation my system. I’ll occasionally go on the lot of people who had a chance to look with their colleagues and ours at the Internet and use one of those at not just jurisdictional issues, but United States Senate. anonymizers to make sure my IP ad- the actual substance of trying to make I urge my colleagues to vote ‘‘no’’ on dress isn’t being tracked when I’m protecting this country, its assets, and the rule and ‘‘yes’’ on the underlying looking at things that perhaps my its people a reality now in law that the bill, and I yield back the balance of my friends in Congress, I’m trying to get a United States House of Representatives time. bill done, I don’t want you to know I’m will fully debate tomorrow, vote on, Mr. WOODALL. Mr. Speaker, I yield getting that bill done. Who knows what and support. myself the balance of my time. those people down in HIR, House Infor- Part of the role of the Rules Com- I thank my friend from Florida for mation Resources, what they’re track- mittee about this process has been to his service on the Rules Committee and ing that we do here? We have tools make sure that the final product that his service on the Intelligence Com- available to us in that way, Mr. Speak- came to the floor of the House of Rep- mittee. er. resentatives was well vetted, received The work that goes on in the Intel- But do you know who I can’t out- the attention that was necessary, and, ligence Committee, Mr. Speaker, is smart? Perhaps I can outsmart my perhaps more importantly, was lead- work that so many Members of Con- next-door neighbor who wants to pig- ing-edge. gress do not involve themselves in. It gyback on my Wi-Fi system. Perhaps I goes on deep in the bowels of the Cap- can outsmart the guy at the hotel who b 1330 itol Complex. It’s under great security, is trying to piggyback on my informa- And, lastly, the most important all electronic devices left outside the tion there in the hotel room. Perhaps I thing is that we know what we’ve door, so that they can discuss things can even outsmart the U.S. House of agreed to; that we know what we’ve within the four walls of that com- Representatives. But what I can’t out- agreed to where we’re very clear about mittee that we’re not allowed to dis- smart is that team of cyber warriors what the law is and the expectations of cuss here on the House floor. gathered by nation-states around the that performance. In fact, when they asked me to han- globe who are hacking my information I thank the gentleman for yielding. dle the rule today, Mr. Speaker, I was and your information every single day, Mr. HASTINGS of Florida. Mr. a little concerned because throughout stealing our intellectual property, Speaker, I yield myself such time as I this process of developing CISPA, I stealing our military technology, may consume. traveled down to that committee room threatening the privacies that we’ve

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.025 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2086 CONGRESSIONAL RECORD — HOUSE April 17, 2013 talked so much about here on the floor shall designate an entity within the Depart- ment receiving cyber threat information today. ment of Justice as the civilian Federal enti- shared with the Federal Government under I’m very glad, Mr. Speaker, that as ty to receive cyber threat information re- such section 1104(b) shall— you page through this bill, you will lated to cybersecurity crimes that is shared ‘‘(i) implement the policies and procedures by a cybersecurity provider or self-protected find line after line after line aimed at established under subparagraph (A); and entity in accordance with section 1104(b) of ‘‘(ii) promptly notify the Secretary of protecting your and my privacy. I the National Security Act of 1947, as added Homeland Security, the Attorney General, think we do a good job of finding that by section 3(a) of this Act, subject to the the Director of National Intelligence, the balance. We even will offer amend- procedures under paragraph (4). Secretary of Defense, and the appropriate ments today on the floor to do even ‘‘(3) SHARING BY COORDINATING ENTITIES.— congressional committees of any significant better. But without security at the The entities designated under paragraphs (1) violations of such policies and procedures. Internet border, I have no protection of and (2) shall share cyber threat information ‘‘(D) OVERSIGHT.—The Secretary of Home- shared with such entities in accordance with my privacy because those agents of the land Security, the Attorney General, the Di- section 1104(b) of the National Security Act rector of National Intelligence, and the Sec- state of China, North Korea, and be- of 1947, as added by section 3(a) of this Act, yond are accessing that information retary of Defense shall jointly establish a consistent with the procedures established program to monitor and oversee compliance today. under paragraphs (4) and (5). with the policies and procedures established Mr. Speaker, it’s been 18 months that ‘‘(4) PROCEDURES.—Each department or under subparagraph (A). agency of the Federal Government receiving we’ve been working to craft that bal- ‘‘(6) INFORMATION SHARING RELATIONSHIPS.— cyber threat information shared in accordance of privacy and security. We’ll con- Nothing in this section shall be construed ance with section 1104(b) of the National Se- tinue to work on that throughout 12 to— curity Act of 1947, as added by section 3(a) of ‘‘(A) alter existing agreements or prohibit amendments here today. I urge my col- this Act, shall establish procedures to— new agreements with respect to the sharing leagues, look through this resolution, ‘‘(A) ensure that cyber threat information look through H.R. 624 to see the efforts shared with departments or agencies of the of cyber threat information between the De- that have gone into crafting this bipar- Federal Government in accordance with such partment of Defense and an entity that is tisan piece of legislation; and look at section 1104(b) is also shared with appro- part of the defense industrial base; priate departments and agencies of the Fed- ‘‘(B) alter existing information-sharing re- those 12 amendments, look at those 12 lationships between a cybersecurity pro- amendments that we’ll have an oppor- eral Government with a national security mission in real time; vider, protected entity, or self-protected en- tunity to vote on over the next 2 days ‘‘(B) ensure the distribution to other de- tity and the Federal Government; to make this bill even better. But the partments and agencies of the Federal Gov- ‘‘(C) prohibit the sharing of cyber threat time for delay, Mr. Speaker, has passed ernment of cyber threat information in real information directly with a department or us, and the cost of delay is most cer- time; and agency of the Federal Government for crimi- tainly measured in dollars, and I fear it ‘‘(C) facilitate information sharing, internal investigative purposes related to crimes is measured in lives. action, and collaboration among and be- described in section 1104(c)(1) of the National Let’s move forward with this bill tween the Federal Government; State, local, Security Act of 1947, as added by section 3(a) of this Act; or today, Mr. Speaker. I urge strong sup- tribal, and territorial governments; and cybersecurity providers and self-protected enti- ‘‘(D) alter existing agreements or prohibit port for the rule, and I urge strong sup- ties. new agreements with respect to the sharing port after the debate of these 12 amend- ‘‘(5) PRIVACY AND CIVIL LIBERTIES.— of cyber threat information between the De- ments on the underlying legislation. ‘‘(A) POLICIES AND PROCEDURES.—The Sec- partment of Treasury and an entity that is AMENDMENT OFFERED BY MR. WOODALL retary of Homeland Security, the Attorney part of the financial services sector. Mr. WOODALL. Mr. Speaker, at this General, the Director of National Intel- ‘‘(7) TECHNICAL ASSISTANCE.— time, I offer an amendment to the reso- ligence, and the Secretary of Defense shall ‘‘(A) DISCUSSIONS AND ASSISTANCE.—Noth- jointly establish and periodically review ing in this section shall be construed to pro- lution. policies and procedures governing the re- The SPEAKER pro tempore. The hibit any department or agency of the Fed- ceipt, retention, use, and disclosure of non- eral Government from engaging in formal or Clerk will report the amendment. publicly available cyber threat information informal technical discussion regarding The Clerk read as follows: shared with the Federal Government in ac- cyber threat information with a cybersecu- At the end of the resolution, add the fol- cordance with section 1104(b) of the National rity provider or self-protected entity or from lowing: Security Act of 1947, as added by section 3(a) providing technical assistance to address SEC. 2. Notwithstanding any other provi- of this Act. Such policies and procedures vulnerabilities or mitigate threats at the re- sion of this resolution, the amendment speci- shall, consistent with the need to protect quest of such a provider or such an entity. fied in section 3 shall be in order as though systems and networks from cyber threats ‘‘(B) COORDINATION.—Any department or printed as the last amendment in House Re- and mitigate cyber threats in a timely man- agency of the Federal Government engaging port 113–41 if offered by Representative ner— in an activity referred to in subparagraph McCaul of Texas or his designee. That ‘‘(i) minimize the impact on privacy and (A) shall coordinate such activity with the amendment shall be debatable for 10 minutes civil liberties; entity of the Department of Homeland Secu- ‘‘(ii) reasonably limit the receipt, reten- equally divided and controlled by the pro- rity designated under paragraph (1) and tion, use, and disclosure of cyber threat in- ponent and an opponent. share all significant information resulting formation associated with specific persons SEC. 3. The amendment referred to in sec- from such activity with such entity and all tion 2 is as follows: After section 1, insert that is not necessary to protect systems or other appropriate departments and agencies the following new section (and renumber networks from cyber threats or mitigate of the Federal Government. subsequent sections accordingly): cyber threats in a timely manner; ‘‘(C) SHARING BY DESIGNATED ENTITY.—Con- ‘‘(iii) include requirements to safeguard ‘‘SEC. 2. FEDERAL GOVERNMENT COORDINATION sistent with the policies and procedures es- WITH RESPECT TO CYBERSECURITY. non-publicly available cyber threat informa- tablished under paragraph (5), the entity of ‘‘(a) COORDINATED ACTIVITIES.—The Federal tion that may be used to identify specific the Department of Homeland Security des- Government shall conduct cybersecurity ac- persons from unauthorized access or acquisi- ignated under paragraph (1) shall share with tivities to provide shared situational aware- tion; all appropriate departments and agencies of ness that enables integrated operational ac- ‘‘(iv) protect the confidentiality of cyber the Federal Government all significant in- tions to protect, prevent, mitigate, respond threat information associated with specific formation resulting from— to, and recover from cyber incidents. persons to the greatest extent practicable; ‘‘(i) formal or informal technical discus- ‘‘(b) COORDINATED INFORMATION SHARING.— and sions between such entity of the Department ‘‘(1) DESIGNATION OF COORDINATING ENTITY ‘‘(v) not delay or impede the flow of cyber of Homeland Security and a cybersecurity FOR CYBER THREAT INFORMATION.—The Presi- threat information necessary to defend dent shall designate an entity within the De- against or mitigate a cyber threat. provider or self-protected entity about cyber threat information; or partment of Homeland Security as the civil- ‘‘(B) SUBMISSION TO CONGRESS.—The Sec- ian Federal entity to receive cyber threat in- retary of Homeland Security, the Attorney ‘‘(ii) any technical assistance such entity formation that is shared by a cybersecurity General, the Director of National Intel- of the Department of Homeland Security provider or self-protected entity in accord- ligence, and the Secretary of Defense shall, provides to such cybersecurity provider or ance with section 1104(b) of the National Se- consistent with the need to protect sources such self-protected entity to address curity Act of 1947, as added by section 3(a) of and methods, jointly submit to Congress the vulnerabilities or mitigate threats. this Act, except as provided in paragraph (2) policies and procedures required under sub- ‘‘(c) REPORTS ON INFORMATION SHARING.— and subject to the procedures established paragraph (A) and any updates to such poli- ‘‘(1) INSPECTOR GENERAL OF THE DEPART- under paragraph (4). cies and procedures. MENT OF HOMELAND SECURITY REPORT.—The ‘‘(2) DESIGNATION OF A COORDINATING ENTITY ‘‘(C) IMPLEMENTATION.—The head of each Inspector General of the Department of FOR CYBERSECURITY CRIMES.—The President department or agency of the Federal Govern- Homeland Security, in consultation with the

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.026 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2087 Inspector General of the Department of Jus- given the term in section 3(4) of the National Mullin Roe (TN) Stivers tice, the Inspector General of the Intel- Security Act of 1947 (50 U.S.C. 401a(4)). Mulvaney Rogers (AL) Stutzman ligence Community, the Inspector General of ‘‘(4) SHARED SITUATIONAL AWARENESS.—The Murphy (PA) Rogers (KY) Terry the Department of Defense, and the Privacy term ‘shared situational awareness’ means Neugebauer Rogers (MI) Thompson (PA) and Civil Liberties Oversight Board, shall an environment where cyber threat informa- Noem Rokita Thornberry Nugent Rooney Tiberi annually submit to the appropriate congres- tion is shared in real time between all des- Nunes Ros-Lehtinen Tipton sional committees a report containing a re- ignated Federal cyber operations centers to Nunnelee Roskam Turner view of the use of information shared with provide actionable information about all Olson Ross Upton the Federal Government under subsection (b) known cyber threats.’’. Owens Rothfus Valadao of section 1104 of the National Security Act Page 5, strike line 6 and all that follows Palazzo Royce Wagner of 1947, as added by section 3(a) of this Act, through page 6, line 7. Paulsen Runyan Walberg including— Page 7, beginning on line 17, strike ‘‘by the Pearce Ruppersberger Walden ‘‘(A) a review of the use by the Federal department or agency of the Federal Govern- Perry Ryan (WI) Walorski Government of such information for a pur- ment receiving such cyber threat informa- Petri Salmon Weber (TX) pose other than a cybersecurity purpose; tion’’. Pittenger Scalise Webster (FL) ‘‘(B) a review of the type of information Page 13, strike line 13 and all that follows Pitts Schneider Wenstrup shared with the Federal Government under through page 15, line 23. Poe (TX) Schock Whitfield such subsection; Pompeo Schweikert Williams Page 17, strike line 15 and all that follows Posey Scott, Austin Wilson (SC) ‘‘(C) a review of the actions taken by the through page 19, line 19. Federal Government based on such informa- Price (GA) Sensenbrenner Wittman tion; Mr. WOODALL. Mr. Speaker, I yield Radel Sessions Wolf Reed Shuster Womack ‘‘(D) appropriate metrics to determine the back the balance of my time, and I Reichert Simpson Woodall impact of the sharing of such information move the previous question on the Renacci Smith (NE) Yoder with the Federal Government on privacy and amendment and on the resolution. Ribble Smith (NJ) Yoho civil liberties, if any; The previous question was ordered. Rice (SC) Smith (TX) Young (AK) ‘‘(E) a list of the departments or agencies The SPEAKER pro tempore. The Rigell Southerland Young (FL) receiving such information; Roby Stewart Young (IN) ‘‘(F) a review of the sharing of such infor- question is on the amendment. mation within the Federal Government to The amendment was agreed to. NAYS—192 identify inappropriate stovepiping of shared The SPEAKER pro tempore. The Andrews Green, Al O’Rourke information; and question is on the resolution, as Barrow (GA) Green, Gene Pallone ‘‘(G) any recommendations of the Inspector amended. Bass Grijalva Pascrell General of the Department of Homeland Se- The question was taken; and the Beatty Hahn Pastor (AZ) curity for improvements or modifications to Becerra Hanabusa Payne the authorities under such section. Speaker pro tempore announced that Bera (CA) Hastings (FL) Pelosi ‘‘(2) PRIVACY AND CIVIL LIBERTIES OFFICERS the ayes appeared to have it. Bishop (GA) Heck (WA) Perlmutter Bishop (NY) Higgins REPORT.—The Officer for Civil Rights and Mr. HASTINGS of Florida. Mr. Peters (CA) Civil Liberties of the Department of Home- Speaker, on that I demand the yeas Blumenauer Himes Peters (MI) Bonamici Hinojosa land Security, in consultation with the Pri- Peterson and nays. Brady (PA) Holt Pingree (ME) vacy and Civil Liberties Oversight Board, the The yeas and nays were ordered. Braley (IA) Honda Pocan Inspector General of the Intelligence Com- The vote was taken by electronic de- Brown (FL) Horsford Polis munity, and the senior privacy and civil lib- vice, and there were—yeas 227, nays Brownley (CA) Hoyer Price (NC) erties officer of each department or agency Bustos Huffman Quigley of the Federal Government that receives 192, not voting 13, as follows: Butterfield Israel Rahall cyber threat information shared with the [Roll No. 109] Capps Jackson Lee Richmond Federal Government under such subsection Capuano Jeffries Rohrabacher YEAS—227 ´ (b), shall annually and jointly submit to Cardenas Johnson (GA) Roybal-Allard Carney Johnson, E. B. Congress a report assessing the privacy and Aderholt Davis, Rodney Hudson Ruiz Alexander Denham Huelskamp Carson (IN) Jones civil liberties impact of the activities con- Rush Amash Dent Huizenga (MI) Cartwright Kaptur Ryan (OH) ducted by the Federal Government under Amodei DeSantis Hultgren Castor (FL) Keating Sa´ nchez, Linda such section 1104. Such report shall include Bachus DesJarlais Hunter Castro (TX) Kelly (IL) T. any recommendations the Civil Liberties Barber Diaz-Balart Issa Chu Kildee Sanchez, Loretta Protection Officer and Chief Privacy and Barletta Duffy Jenkins Cicilline Kilmer Sarbanes Civil Liberties Officer consider appropriate Barr Duncan (SC) Johnson (OH) Clarke Kind Schakowsky to minimize or mitigate the privacy and Barton Duncan (TN) Johnson, Sam Clay Kirkpatrick Schiff Cleaver Kuster civil liberties impact of the sharing of cyber Benishek Ellmers Jordan Schrader Bentivolio Farenthold Joyce Clyburn Langevin threat information under such section 1104. Schwartz Bilirakis Fincher Kelly (PA) Cohen Larsen (WA) Scott (VA) ‘‘(3) FORM.—Each report required under Bishop (UT) Fitzpatrick King (IA) Connolly Larson (CT) Scott, David paragraph (1) or (2) shall be submitted in un- Conyers Lee (CA) Black Fleischmann King (NY) Serrano Bonner Fleming Kingston Cooper Levin classified form, but may include a classified Sewell (AL) Boustany Flores Kinzinger (IL) Courtney Lewis annex. Shea-Porter Brady (TX) Forbes Kline Crowley Lipinski ‘‘(d) DEFINITIONS.—In this section: Sherman Bridenstine Fortenberry Labrador Cuellar Loebsack ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- Sinema Brooks (AL) Foxx LaMalfa Cummings Lofgren TEES Sires .—The term ‘appropriate congressional Brooks (IN) Franks (AZ) Lamborn Davis (CA) Lowenthal committees’ means— Broun (GA) Frelinghuysen Lance Davis, Danny Lowey Slaughter ‘‘(A) the Committee on Homeland Secu- Buchanan Gardner Lankford DeFazio Lujan Grisham Smith (WA) rity, the Committee on the Judiciary, the Bucshon Garrett Latham DeGette (NM) Speier Permanent Select Committee on Intel- Burgess Gerlach Latta Delaney Luja´ n, Ben Ray Stockman Calvert Gibbs LoBiondo DeLauro (NM) Swalwell (CA) ligence, and the Committee on Armed Serv- Takano ices of the House of Representatives; and Camp Gibson Long DelBene Maffei Campbell Gingrey (GA) Lucas Deutch Maloney, Thompson (CA) ‘‘(B) the Committee on Homeland Security Cantor Goodlatte Luetkemeyer Dingell Carolyn Thompson (MS) and Governmental Affairs, the Committee on Capito Gosar Lummis Doggett Maloney, Sean Tierney the Judiciary, the Select Committee on In- Carter Gowdy Marchant Doyle Matsui Titus telligence, and the Committee on Armed Cassidy Granger Marino Duckworth McCarthy (NY) Tonko Services of the Senate. Chabot Graves (GA) Massie Edwards McClintock Tsongas Van Hollen ‘‘(2) CYBER THREAT INFORMATION, CYBER Chaffetz Graves (MO) Matheson Ellison McCollum Coble Griffin (AR) McCarthy (CA) Engel McDermott Vargas THREAT INTELLIGENCE, CYBERSECURITY Coffman Griffith (VA) McCaul Enyart McGovern Veasey CRIMES, CYBERSECURITY PROVIDER, CYBERSE- Cole Grimm McHenry Eshoo McNerney Vela CURITY PURPOSE, AND SELF-PROTECTED ENTI- Collins (GA) Guthrie McIntyre Esty Meeks Vela´ zquez TY.—The terms ‘cyber threat information’, Collins (NY) Gutierrez McKeon Farr Meng Visclosky ‘cyber threat intelligence’, ‘cybersecurity Conaway Hall McKinley Fattah Michaud Walz crimes’, ‘cybersecurity provider’, ‘cybersecu- Cook Hanna McMorris Foster Miller, George Wasserman rity purpose’, and ‘self-protected entity’ Costa Harper Rodgers Frankel (FL) Moore Schultz have the meaning given those terms in sec- Cotton Harris Meadows Fudge Moran Waters Cramer Hartzler Meehan Gabbard Murphy (FL) Watt tion 1104 of the National Security Act of 1947, Crawford Hastings (WA) Messer Gallego Nadler Waxman as added by section 3(a) of this Act. Crenshaw Heck (NV) Mica Garamendi Napolitano Welch ‘‘(3) INTELLIGENCE COMMUNITY.—The term Culberson Hensarling Miller (FL) Garcia Negrete McLeod Wilson (FL) ‘intelligence community’ has the meaning Daines Herrera Beutler Miller (MI) Grayson Nolan Yarmuth

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.022 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2088 CONGRESSIONAL RECORD — HOUSE April 17, 2013 NOT VOTING—13 The gentleman from Michigan (Mr. We believe this: this bill will not Bachmann Kennedy Rangel ROGERS) and the gentleman from Mary- work if Americans don’t have con- Blackburn Lynch Shimkus land (Mr. RUPPERSBERGER) each will fidence that it will protect your pri- Gohmert Markey Westmoreland vacy and civil liberties while allowing Holding Miller, Gary control 30 minutes. Hurt Neal The Chair recognizes the gentleman one very simple thing to happen: cyber from Michigan. threat material, that malware that b 1418 Mr. ROGERS of Michigan. I yield goes on your computer and does bad Mr. RAHALL, Ms. PELOSI, Ms. myself such time as I may consume. things, allows somebody else to take BROWNLEY of California, Mr. I want to thank my ranking member over your computer to attack a bank, CA´ RDENAS and Ms. WILSON of Flor- and both the Republican and Demo- allows them to go on your computer ida changed their vote from ‘‘yea’’ to cratic staffs and the Republican and and steal your personally identifiable ‘‘nay.’’ Democratic members of the Intel- information and use it in a crime, al- Messrs. KING of New York, YOHO ligence Committee for 2 years of long lows them to go into your network at and AMASH changed their vote from hours in negotiated efforts to reach the work and steal your most valuable ‘‘nay’’ to ‘‘yea.’’ point that we are. company secrets that keep you alive So the resolution was agreed to. I want to back up just a little bit and and build great products here in the The result of the vote was announced tell you how we got to where we are United States—could we allow the gov- as above recorded. today. We sat down some 2 years ago ernment to share what they know with A motion to reconsider was laid on when the ranking member and I as- the private sector and allow the pri- the table. sumed the leadership of the Intel- vate sector to share when it comes to f ligence Committee and we looked at just that cyber threat, those zeros and the one threat that we knew existed ones in a pattern that equates to mali- APPOINTMENT OF MEMBERS TO but we were not prepared to handle as cious code traveling at hundreds of THE BOARD OF VISITORS TO Americans, both the private sector and millions of times a second the speed of THE UNITED STATES COAST the government. And we knew that we light, can we share that in a way to GUARD ACADEMY had to do something about this new stop them from getting in and stealing The SPEAKER pro tempore (Mr. and growing and misunderstood cyber your private information? RODNEY DAVIS of Illinois). The Chair threat and what it was doing to our in- And the good news is the answer is, announces the Speaker’s appointment, tellectual property across the country, yes, we can do this. We can protect pri- pursuant to 14 U.S.C. 194, and the order what it was doing to the freedom and vacy and civil liberties, and we can of the House of January 3, 2013, of the open Internet that we so enjoy and are allow this sharing arrangement, but following Members on the part of the increasingly dependent on and the not of your identity, not of your per- House to the Board of Visitors to the commercial value of our growing econ- sonally identifiable information. As a United States Coast Guard Academy: omy. And it was at risk. The private matter of fact, if that’s what’s hap- Mr. COBLE, North Carolina sector was at risk because people were pening, it won’t work. But at the speed Mr. COURTNEY, Connecticut stealing their identities, their ac- of light, from machine to machine, f counts, their intellectual property, and from your Internet service provider before it ever gets into your network b 1420 subsequent to that, their jobs, and people began to question the value of get- they bounce out the nastiest stuff CYBER INTELLIGENCE SHARING ting on the Internet and using it for that’s in there that’s going to take over your computer, steal your money, AND PROTECTION ACT commercial purposes. Their trust in steal your personally identifiable infor- GENERAL LEAVE the free and open Internet the way mation, steal your company secrets. we’ve embraced it in the United States Mr. ROGERS of Michigan. Mr. And they can identify that by a pattern really was at risk. Speaker, I ask unanimous consent that and kick it out. They’ll say, Something How do we solve that problem? We all Members may have 5 legislative looks bad about that. Can the govern- knew that nation states were investing days to revise and extend their re- ment take a look at that and say, you millions and billions of dollars to gen- marks and include extraneous material know what? This is a Chinese attack, erate cyber warriors to go in and crack on the bill H.R. 624. it’s an Iranian attack, it’s a North Ko- your computer network. I don’t care if The SPEAKER pro tempore. Is there rean attack—let’s defend our networks. objection to the request of the gen- you had intellectual property—those It’s really very simple. tleman from Michigan? blueprints that made your business Today, what you see is a collabo- There was no objection. successful, or maybe it was your bank rative effort. This isn’t a bill by DUTCH The SPEAKER pro tempore. Pursu- account, or your ability to have a RUPPERSBERGER and MIKE ROGERS and ant to House Resolution 164 and rule transaction. If they could interrupt this is the only way it has to be. We XVIII, the Chair declares the House in that, they could do great harm to our have taken suggestions from all the the Committee of the Whole House on economy and to the United States. groups I just talked about, from pri- the state of the Union for the consider- We saw nation-states like Russia and vacy to the executive branch to indus- ation of the bill, H.R. 624. China and now Iran and North Korea try to other trade associations. And The Chair appoints the gentlewoman and others developing military-style this is the bill that mutually all of from Florida (Ms. ROS-LEHTINEN) to attacks to actually do harm to the U.S. those people, representing tens of mil- preside over the Committee of the economy, to hurt the very men and lions of employees around this country, Whole. women who get up every day and play said this is the way you do this and by the rules and think that the Inter- b 1422 protect the free and open Internet and net would be a safe place for them to you protect civil liberties. And you fi- IN THE COMMITTEE OF THE WHOLE interact when it comes to commerce. nally raise that big red sign that tells Accordingly, the House resolved We want that to continue. people like China and Iran and Russia, itself into the Committee of the Whole So we sat down and we talked to in- stop. We’re going to prevent you from House on the state of the Union for the dustry folks, people who are in the stealing America’s prosperity. consideration of the bill (H.R. 624) to business, high-tech industry folks from I heard a lot of debate earlier on the provide for the sharing of certain cyber Silicon Valley, financial services folks rule. I’ve heard a lot of misinforma- threat intelligence and cyber threat in- from New York City, manufacturers tion. There are people who don’t like it formation between the intelligence from across the Midwest, who were los- for whatever reason, maybe it’s convic- community and cybersecurity entities, ing intellectual property due to theft tion, maybe it’s politics, maybe it’s po- and for other purposes, with Ms. ROS- from nation-states like China. We litical theater. And I have a feeling LEHTINEN in the chair. talked to privacy groups. We talked to there’s a little bit of all of that when The Clerk read the title of the bill. the executive branch. And over the last they talk about this bill. The CHAIR. Pursuant to the rule, the 2 years, there were some 19 adjust- This bill does none of the things I’ve bill is considered read the first time. ments to this bill on privacy. heard talked about in the rule—that

VerDate Mar 15 2010 04:29 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.006 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2089 it’s an exchange of information that protect the government networks. The I’m very proud of the open and trans- they’ve never seen with the govern- problem is, because of laws and policies parent process that produced this bill. ment. This is not a surveillance bill. It and procedures, we can’t share that We’ve had a great conversation over does not allow the national security with the private sector so they can pro- the last 2 years with a broad range of agencies or the Department of Defense tect their own networks. Wouldn’t it be private sector companies, trade groups, or any of our military organizations to great if they know what’s coming? If privacy and civil liberties advocates, monitor our domestic networks. It does you know what you’re looking for, you and the executive branch. I appreciate not allow that to happen. We would not can stop it. That’s really what we’re all the constructive input we have re- allow that to happen. talking about doing here, Madam ceived from the process. This bill has Chair. b 1430 been revised every step of the way in We must also modernize the law to this process, and all of that has been So some notion that that’s happening give the private sector clear authority based on discussions with all the is just wrong, and some of the folks to share cyber threat information groups I just mentioned. who are pretending otherwise know it’s within the private sector, as well as I just want to cover some of the pri- wrong. This is important. the government, on a voluntary, anon- vacy protections we’ve added along the You know, the Iranians, by public re- ymous basis. way. port, are laughing at our shores, look- Again, if you believe in the free and The bill prohibits the government ing for weaknesses in our financial in- open Internet and you look at all the from requiring private sector entities stitutions. They’re not doing it for be- bills that have been introduced, there to provide information to the govern- is a chomping at the bit in this town to nevolence. They’re doing it to try to ment. There is nothing in here that has go out and try to put their mitts on the create chaos in our markets here at any requirement that the private sec- Internet. They want to get in there and home. This isn’t 10 years or 20 years. tor must share cyber threat informa- start regulating and standards and set- This is today. It’s happening today. tion. If they don’t think it’s in their ting up procedures. They want to get in The average credit card in your best interest to stop that cyber crime, from business-to-business communica- purse, Madam Chair, will be hit 300,000 they don’t have to say a word. If they tion. They want the government to be times today by bad actors trying to get do, they’re allowed to share just that at every corner of the Internet. I reject in and steal your personal informa- cyber threat information with the that wholly. It’s the wrong approach. It tion—all those cardholders’ informa- right agencies in real time. Again, this tion—and use it to commit a crime. will not work. It will bring the Inter- net to a halt. This is the only bill that is machine to machine so that they can Today, hundreds of millions of times deal with the international nature of across this great country companies doesn’t have new mandates, new au- thorizations for any government in- that threat. will be besieged by DDoS attacks try- It encourages the private sector to volvement in the Internet. ing to overwhelm their systems and anonymize or minimize the informa- shut them down and not allow com- It does something very simple. I’m going to repeat it a lot today, Madam tion it voluntarily shares with others, merce to happen, by people who are including the government. trying to get into their networks and Chair. It allows the government to share zeros and ones in the right pat- In addition, the bill requires an an- steal something valuable. nual independent inspector general This bill is that right balance be- tern with the private sector. And zeros and ones from the private sector, when audit and report to Congress of all vol- tween our privacy, civil liberties, and they know it’s malicious and attacking untary information sharing with the stopping bad guys in their tracks from their networks, they share it with the government. That’s another layer of ruining what is one-sixth of the U.S. government and say, This is a problem. oversight. We have built multiple lay- economy. It’s that important, and it’s Can you help me? That’s what this bill ers of oversight into this bill so that important that we get at it today. does. And we’ve got a long list of pri- we can gain the confidence of the pub- We must do more to improve our cy- vacy protections and restrictions to lic in its purpose, intent, and success. bersecurity, and this bill is that vital make sure that that’s all that this bill The bill significantly limits the Fed- first step toward that bill. Our intel- does. The bill achieves all of these im- eral Government’s use of information ligence agencies collect important in- portant goals that I just walked voluntarily provided by the private formation overseas about advanced for- through, and it will empower the pri- sector, including a restriction on the eign cyber threats that could dramati- vate sector, which already does signifi- government’s ability to search that cally assist the private sector. That in- cant work to protect computer net- data—very important. formation is the intelligence commu- works, to do even more. The bill also enforces the restrictions nity’s unique value-added when it The bill will allow the government to on the government by levying penalties comes to our cybersecurity. share cyber threat intelligence more against the government through Fed- Unfortunately, we are not getting widely with American companies in eral court lawsuits for any violations the full value of those intelligence in- operationally usable form so they can of those restrictions. Again, another sights. As I said, the intelligence com- help prevent state-sponsored cyber layer of oversight. munity is not monitoring the Internet. spies from stealing American trade se- In the markup, we’ve made some They don’t know what’s happening on crets. It also provides clear, positive progress, as well, between the ranking the domestic Internet. So when there is authority to allow companies to share member and the members on the com- a nasty piece of source code or mali- cyber threat information with others mittee negotiating and working out cious source code attacking the private in the private sector. It also provides what changes we can make to, again, sector, the only way we’re going to authority to allow those companies to improve the confidence that people know that is if we—and these folks are share threat information on a purely have in this bill. We have improved victims of crime, by the way—if we voluntary and anonymized basis with this bill every step of the way for the allow them, in a classified environ- the government, meaning no personal last 2 years, and the markup was no ment, to share malicious source identifying information. different. At our markup, which voted codes—zeros and ones in the right pat- This bill will not require additional the bill out of committee on a strong tern—with the government and say, Federal spending. It will not require 18–2 vote, we adopted five important Hey, I am the victim of a crime. Here’s the creation of a vast new government amendments to further strengthen the what it looks like. Can you help? The bureaucracy. It will not impose any bill’s protections and safeguards. government needs to be able to share Federal regulations or unfunded man- We adopted an amendment by Mr. this threat intelligence so that the pri- dates on the private sector. To the con- LANGEVIN that made it clear that the vate sector can protect its own net- trary, it will be a critical, bipartisan bill contained no new authority to works. first step toward enabling America’s allow companies to hack back into net- The government is going to recip- private sector to better defend itself works in other companies. It certainly rocate. Our intelligence services go from the advanced state-sponsored wasn’t intended in the legislation. I overseas. They find out what the bad cyber threats in which we live in thought it was a well-intended amend- guys are doing. They come back and today. ment. The last thing we want to do is

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This is an use restriction that limits companies’ levels of strong protections to ensure issue to which the committee has devoted a use of information received to only cy- that it improves cybersecurity without great deal of time and energy during the last bersecurity purposes. Mr. HECK and Mr. compromising our important civil lib- year. HIMES worked diligently on this erties, but this bill will add a signifi- In the cyber security realm these threats are amendment to improve the bill and cant new privacy protection to that ex- growing in frequency and severity, so much so make it very clear that this is just isting structure. that the Director of National Intelligence, about cybersecurity and cybersecurity Again, Madam Chair, you can see the James Clapper, identified cyber security as a purposes. level of effort that we are doing here to top threat facing this country earlier this year. The bill previously gave the govern- protect privacy and civil liberties and Director Clapper stated in an open hearing ment authorization to create proce- still have a workable bill that stops na- just a month ago that the growing cyber capa- dures to protect privacy and civil lib- tion-states like China, Russia, Iran, bilities of both state and non-state actors ‘‘put erties and prevent the government’s re- and North Korea from getting into all sectors of our county at risk, from govern- tention of personal information not your networks and stealing your prop- ment and private networks to critical infrastruc- necessary to understand a cyber erty. tures.’’ We have seen more and more brazen threat. Last week’s amendment makes We have yet to find a single U.S. attacks, from financial institutions and banks to company that opposes this bill. In fact, those procedures mandatory. That was news outlets, credit card companies, tele- we have the enthusiastic support of by Mr. HIMES. We agreed that was the communications providers and even govern- nearly every sector of the economy, be- right place to put the burden to make ment entities. sure there was no personal identifiable cause they are under assault from for- I believe that we should make every effort to information that was not necessary to eign cyber attacks and they need our safeguard the privacy of Americans’ personal help. They need it now. Companies and determine the nature of the attack. information even as we take steps to prevent industry groups from across the coun- We also struck the bill’s authorized attacks to our electronic networks and at- try, including Intel, the chip maker, government ‘‘national security’’ use of tempts to steal trade secrets, facilitate critical IBM, the Internet Security Alliance, information received from the private information sharing, and protect our critical in- the U.S. Chamber of Commerce, the sector. This would have provided the frastructure. Business Roundtable, TechAmerica, government flexibility in the future to To that end, the committee made a number TechNet, companies of Silicon Valley, address advanced cybersecurity of improvements to the bill with bipartisan sup- the Financial Services Roundtable, threats. In conversations with govern- port during our markup last week. Most nota- U.S. Telecom, the Nuclear Energy In- ment national security lawyers in re- bly, we voted to remove the authority for pri- stitute, and the National Association cent months, they assured us that this vate information to be used for broad non- of Manufacturers, just to name a few, flexibility wouldn’t be required in the cyber ‘‘national security’’ purposes. We also have sent the committee letters of sup- expanded oversight responsibilities for the Pri- near future. In light of that, and given port. And that list is growing by the vacy and Civil Liberties Oversight Board and the widespread misunderstanding this day of people who are encouraged by restricted usage of information received by pri- language was generating, we thought it the very light touch of the govern- was prudent to take it out. Ms. SEWELL ment; no new programs, no new author- vate entities to cyber security information. The from Alabama offered that amendment izations, it’s not a surveillance bill. bill also requires the government to minimize and worked with the committee to This is the only appropriate way to try any personal information that is unrelated to a make sure it was adopted. to deal with this problem. cyber threat. The bill has improved since the We also added additional oversight in By allowing the private sector to ex- last time it was considered by the House of the already very strong oversight pand its own cyber defense efforts and Representatives in 2012. structure in the bill to monitor the to employ classified information to I understand that there remain areas of con- government’s receipt and use of cyber protect systems and networks, this bill cern for some of my colleagues. I share your threat information voluntarily pro- will harness private-sector drive and reservations and am disappointed that we vided by the private sector. We added innovation while also keeping the gov- were unable to adopt amendments to address roles for the Privacy and Civil Lib- ernment out of the business of moni- some of the liability issues, require private erties Board and the individual agency toring and guarding private-sector net- sector entities to make ‘‘reasonable efforts’’ to privacy officers to provide additional works. remove irrelevant personally identifiable infor- oversight of the government’s use of This important legislation would en- mation, and establish the Department of information received from the private able cyber threat sharing and provide Homeland Security as the primary receptor of sector under this bill. clear authority for the private sector cyber threat information. An amendment to I’m also very proud to cosponsor an to defend its own networks while pro- place DHS as the primary agency was not amendment today with Mr. MCCAUL viding strong protections for privacy made in order today and I hope that we can and Mr. THOMPSON of Mississippi, Mr. and civil liberties. continue to work on an agreement to do that. RUPPERSBERGER and myself that would Madam Chair, with this great col- I am sensitive to these privacy concerns put a civilian face on the privacy sec- laborative effort, with the effort facing and hope that we can continue to improve the tor cyber information sharing with this this country, when you see this many Cyber Intelligence Sharing and Protection Act government. It was a concern by many. Republicans and Democrats coming to- through amendments today and ongoing dia- It was something we had long debates gether, recognizing the threat and logue. However, my underlying concerns and conversations on, and I think we crafting a bill that meets that very im- about the national security implications of came to an agreement that will at portant standard, this is the bill we ever-present and even escalating cyber at- least end that debate. It puts the ap- should all stand up and enthusiasti- tacks compels me to support the bill today. propriate civilian face so that, again, cally support, and I reserve the balance Mr. RUPPERSBERGER. Madam people can have confidence in the in- of my time. Chair, I yield myself such time as I tention of this bill and what it will do Mr. RUPPERSBERGER. Madam may consume. to protect cybersecurity on networks Chair, I yield to the gentleman from Il- Chairman ROGERS and I are here or allow the private sector to protect linois (Mr. GUTIERREZ) for the purpose today to discuss the Cyber Intelligence their own networks and protect civil of making a unanimous consent re- Sharing and Protection Act, known as liberties of Americans. quest. CISPA. The bill simply allows the gov- (Mr. GUTIERREZ asked and was ernment to give cyber threat intel- b 1440 given permission to revise and extend ligence to the private sector to protect Other elements of the government, his remarks.) its networks from cyber attacks. such as the intelligence community, Mr. GUTIERREZ. I thank the gen- I don’t want to repeat a lot of what will still receive the information they tleman for yielding. the chairman has said, but the first

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Those are four areas of over- tacks were to our country, to our busi- Aramco, and wiped out 30,000 com- sight just in the bill. nesses, to our health, safety, and wel- puters in a weekend. And let me say Regarding the privacy agreements fare. this: Iran is not a very sophisticated that we were concerned about, we only We decided to pull together a group company as it comes to cyber, but they have five elements where this bill ap- of representatives from different parts have the sophistication to be able to plies. That means if you’re a tax cheat of this issue—we had the administra- knock out 30,000 computers and really and we pick up some information, that tion involved, we had the privacy shut their businesses down for a period can’t be used against you. The privacy groups involved, including the ACLU, of time. This is what’s happening in agreements were concerned about the we brought in the industry—because the United States. issue of national security being one of we knew that we had to put together a Cyber Command, whose job it is to those elements in this bill. They bill that would pass the House, the protect our military networks, esti- thought it was too broad. So Chairman Senate and be signed by the President. mated that in the last couple of years ROGERS and I got together, and we were So, what we attempted to do was get that we have had, the United States of able to get the votes from both sides of input, and then we put together a bill. America has had $400 billion—not mil- the aisle, and we were able to take a And, by the way, the bill is only 27 lion, billion—worth of American trade position that the national security pages—it’s probably a record in this secrets being stolen from U.S. compa- issue is not in the bill anymore. We feel Congress—and we did read the bill. nies every year, costing these compa- national security is being covered by Now, what we attempted to do in this nies market share and jobs. That’s one of the elements in the bill that bill is to address a situation where probably the biggest theft in the his- says it deals with the issue of pro- now, the government cannot really tecting people’s lives or liberty. So we communicate with the private sector tory of the world, and yet we still are feel that we have covered national se- to try to help protect our citizens, our not able to help government working businesses from cyber attacks. The rea- with business. curity. You have Secretary Napolitano, the One of the most important issues was son for that is in 1947, there is a law Director of the FBI, you have the Di- the issue of minimization. What is that says that the intelligence commu- rector of the NSA, Alexander, and all minimization? Most people don’t know nity cannot communicate or pass infor- three have said one of the biggest fears what it is. Basically, minimization is if mation to another entity that does not private information is passed, there have clearances. So, basically what our they have now are these attacks, and needs to be an entity out there that bill does is to allow the sharing of in- that unless we have a sharing oppor- will take that private information out formation, which we can’t do now, to tunity between government and be- the private sector. tween business, they feel that they so that it is not used. Now, why is this important? This is cannot protect our country from these We’ve now added to the bill that any something that is very important be- cyber attacks the way that they of the zeroes and ones that are passed— cause most people don’t understand should. It’s so important that we need and that’s what’s happening—if there this. In the United States of America to act now on this bill. was some reason why somebody’s per- we have 10 companies, called the pro- Now, we can pass bills in the House sonal information is passed when those viders, that control 80 percent of our all day long, but if the Senate doesn’t zeroes and ones are coming back and network—80 percent of our network. So pass a bill and the President doesn’t forth, now we have what we call 100 in order for us to protect the United sign it, where are we? We were able to percent minimization, and the govern- States of America from cyber attacks, pass our bill last year in a bipartisan ment will make sure that every single we need to make sure that the govern- manner, and yet our bill went to the entity and all the information that is ment has a partnership with the pri- Senate and it stalled and the bill didn’t passed will be 100 percent minimized. If vate sector and that they can pass the go anywhere, so Chairman ROGERS and there is any personal information in threat information so that the govern- I started again. there at all, it will be knocked out. ment can help protect. But, what we said to each other and That’s very significant, and that gives As an example, if your house is being we discussed was that we need to ad- a lot of coverage. robbed, you call 911 and the police de- dress the issue of privacy. Even though This is also important: you don’t partment comes. That’s the same sce- we felt strongly that our bill does pro- have security if you don’t have pri- nario that we’re looking at here, only tect privacy, we knew there were vacy. That was one of the themes it’s a lot more sophisticated. Again, as groups out there, especially the pri- Chairman ROGERS and I used in the be- the chairman said, passing informa- vacy groups, that felt that there was ginning: if you don’t have security, you tion, mostly zeroes and ones, to the not enough protection in our bill. So don’t have privacy. Even though we government so that we can work to- we rolled up our sleeves, we listened to thought our first bill had it, we felt gether to protect our network. the issues raised by the privacy groups, there was a certain perception, we Now, why is this so important? And I the administration had issues with re- heard what was said and we made these think it’s important that we get into spect to privacy, and we changed the changes. some of the issues of threats. Just re- bill. There is one other issue that is out cently, we understand, and we know, Now, I don’t want to repeat what the there that’s very important that I that The Washington Post, The New chairman said, but basically we made think is also extremely relevant. York Times, The Wall Street Journal, some significant changes to our bill to That’s the issue of when the informa- were cyber-attacked. And basically, deal with the issue of privacy. We pro- tion is passed when we’re attempting our understanding is that they did this, vided that first, there’s a privacy and to protect our citizens and our busi- especially China, to intimidate the civil liberties oversight board, and now nesses from these attacks and hope- paper sources within China. We had our that board must review our program. fully from a destructive attack like U.S. banks. It is very serious for U.S. That’s one area of oversight. Iran did to Aramco in Saudi Arabia, banks to be attacked and hacked. Most In the intelligence community, we there was a perception out there which, of what our banks have are records and have privacy officers in each depart- again, had to deal with perceptions. information. And to be able to shut ment, in each area. And these privacy The perception was that if this infor- down a bank or to be able to manipu- people have to look at the threat information of zeroes and ones that are late or get privacy information could mation. They must also conduct a clas- being passed back and forth, what is be very destructive to our banks, and sified and unclassified review. That’s the point of entry. We did not want the yet this is being done, and it’s been the second oversight that was changed perception to be that the military in done for a period of time. in the bill. any way would be in charge or would

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.035 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2092 CONGRESSIONAL RECORD — HOUSE April 17, 2013 be the entity that is overseeing this. ing for military and security vulnera- tempting to pass a bill that will help We felt very strongly that it had to be bilities, our networks are at risk. our country and protect us. civil. Cyber looting puts U.S. businesses at Mr. THOMPSON of California. So Chairman ROGERS and I, along a competitive disadvantage, threat- Madam Chair, I thank the gentleman with Chairman MCCAUL of the Home- ening jobs and our private information. for yielding, and I thank both the land Security Committee and Ranking The same vulnerabilities used to steal ranking member and the chairman for Member THOMPSON, have an amend- intellectual and personality property their good work on this measure and ment here today which is very signifi- are also exploited to target America’s for including all of us in trying to build cant. I’m sure it will be very well re- critical infrastructure, such as our a better product. ceived by the privacy groups in the electrical grids and our banking and fi- Clearly, the threat of a devastating White House. What the bill will now nancial institutions. These cyber weak- cyber attack is real and, as has been say is that when information is passed, nesses make the intelligence-sharing mentioned by a number of previous it will be the Department of Homeland provisions within H.R. 624 vitally im- speakers, can’t be understated. Ad- Security. That is very significant, and portant. However, as we seek to secure vanced cyber attacks from China and we would hope that that would truly and defend the U.S. economy and our other nation-state actors are stealing deal with the majority of these privacy country’s critical infrastructure, we hundreds of billions of dollars’ worth of issues. must be mindful of our Nation’s found- cutting-edge research and development We know that we have to move and ing principles. We must ensure that we from our U.S. companies and even from we have to move quickly. We’re here protect our citizens’ privacy and civil our Federal Government. That’s why today to debate this bill. And, again, liberties. it’s essential that the business commu- Chairman ROGERS—he’s not listening, The House Permanent Select Com- nity and the Federal Government work but I’ll say it anyhow—has shown tre- mittee on Intelligence has sought the together to share cyber threat informa- mendous leadership. I say this and I input of and worked closely with pri- tion for the purpose of protecting the say it sometimes in jest, that I was a vacy and civil liberties groups to American people from the fallout of former investigative prosecutor and he strengthen the bill and provide nec- cyber attacks and cyber hackers. was a former FBI agent and all good essary individual protections. These While it’s important that we protect FBI agents must listen to their pros- discussions resulted in a number of against the threat of cybersecurity, it’s ecutors, even if we’re in the minority. amendments that were adopted on a equally as important that we recognize That was a joke. Not withstanding broad bipartisan basis during the com- the responsibility to protect the con- that, he has shown leadership. We mittee markup. stitutional rights of law-abiding citi- threw partisanship out the window. We My amendment, offered with my col- zens. Though I support H.R. 624, both knew the stakes were high. We have league from Connecticut (Mr. HIMES), for the fact that it is important that been concerned that we have not been specifically limits the private sector’s we address these issues and because I able to protect our country. I believe use of cyber threat intelligence only to believe it needs to be moved on and we that Congress needs to act because a cybersecurity purpose. This provision can get it in conference committee we’re standing in the way of protecting addresses the concerns and with the Senate bill, I remain some- our country. misperceptions that private sector what concerned that the bill as drafted This reminds me of a situation. We companies could have used this infor- could lead to the broad sharing of con- know how serious Hurricane Sandy mation for marketing and other com- sumer information which in turn could was. It’s similar to if you are a mete- mercial purposes. be used in ways unrelated to combating orologist and Sandy is coming up the Another amendment requires the es- cybersecurity threats. east coast and you can’t warn your tablishment of minimization proce- b 1500 constituents that Sandy is coming. dures to limit the receipt, retention, That’s why we need to pass this bill to- and use of personally identifiable infor- I emphasize ‘‘could be used.’’ morrow, and we need to do it for the mation, or PII. In the unlikely event Already the chair and the ranking benefit of our country. that PII is inadvertently shared, this member have accepted and we’ve incor- And I do want to end with this: you provision will prevent the government porated a series of provisions in this do not have security if you don’t have from receiving and/or maintaining that bill that I authored that would mini- privacy. We feel that this bill, along information while still ensuring rapid mize the sharing of some personally with the amendments that will be in- transmission of critical cyber threat identifiable information, that would troduced today, will effect that. intelligence necessary to protect our limit permissible uses of information With that, I reserve the balance of systems. which would be shared under this bill, my time. Yet another amendment narrows the and that would insist on a number of Mr. ROGERS of Michigan. Madam authorized use of shared cyber threat reporting requirements that will en- Chair, I yield 3 minutes to a current intelligence by striking the provision sure Congress’ ability to provide the military officer and great member of providing the government broad au- necessary oversight of this program. the Intelligence Committee, the gen- thority to use this information for na- The CHAIR. The time of the gentleman from Nevada (Mr. HECK). tional security purposes. tleman has expired. Mr. HECK of Nevada. I want to begin All of these bipartisan amendments Mr. RUPPERSBERGER. I yield the by thanking both the chairman and the will provide the private sector the nec- gentleman an additional 30 seconds. ranking member for their incredible essary tools to protect its own net- Mr. THOMPSON of California. So, leadership on this very difficult task. works while at the same time pro- taken together, these provisions will It was especially gratifying to work in viding critical protections for privacy improve the transparency and the ac- such a bipartisan manner to come to and civil liberties. countability of this bill. However, not- the final product that we’ll be voting This legislation represents an impor- withstanding these important changes, on later tomorrow. tant first step toward securing our Na- the bill is not perfect. Given the sig- Madam Chair, our Nation is under at- tion’s intellectual property and critical nificance of this threat and the com- tack every day, every hour, every infrastructure from cyber attack, and I mitment of everyone to continue to minute. Cyber attacks on our Nation’s urge my colleagues to support its pas- work together, I strongly urge my col- networks threaten our economic and sage. leagues to support this bill and to national security. That is why I rise in Again, I thank the chairman and the move it out of the House. Let’s get the support of H.R. 624, the Cyber Intel- ranking member for their leadership. thing to conference. Let’s get the best ligence Sharing and Protection Act. Mr. RUPPERSBERGER. Madam bill possible, get it signed into law, and Whether it is hacktivists attempting Chair, I now yield 2 minutes to a senior work together to protect the American to disrupt services, criminals intent on member of our committee who worked people. stealing personal information, spies very hard on this bill, the gentleman Mr. ROGERS of Michigan. Madam looking for intellectual property or from California (Mr. THOMPSON). He’s Chair, I am proud to yield 3 minutes to trade secrets or nation-states search- been with us for the last 3 years at- a leader on the Homeland Security

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.036 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2093 Committee and the chair of the House Mr. RUPPERSBERGER. Madam I’d like to keep things pretty simple. Admin Committee, the gentlelady from Chairwoman, I yield 2 minutes to a If there were a sergeant from the Chi- Michigan (Mrs. MILLER). great Member from the State of Illi- nese People’s Liberation Army inside Mrs. MILLER of Michigan. I thank nois (Mr. ENYART). one of our power plants or inside one of the gentleman for yielding me time. Mr. ENYART. Madam Chair, I rise our banks and if they were trying to Madam Chair, let me just read for today in support of this important leg- steal stuff and if they were looking our colleagues the preamble of our islation. around, trying to figure out how to get Constitution: The threat we face today from cyber in and how to access our systems or to We the people of the United States, in attacks poses a clear and present dan- take property or to do damage to our order to form a more perfect Union, establish ger that must be addressed. When I was power grid, the American people would justice, insure domestic tranquility, provide sworn in to Congress to represent the demand that the government do what- for the common defence, promote the gen- people of southern Illinois, I took a ever it could, and they would be eral welfare, and secure the blessings of lib- vow to protect them from all enemies, erty to ourselves and our posterity, do or- thrilled to learn that that company dain and establish this Constitution for the both foreign and domestic. It was not was permitted and, indeed, protected if United States of America. the first time I had taken such an oath. it decided to share with others that po- Madam Chair, this great statement By supporting CISPA, we move to ful- tential threat to its piece of the infra- that is the foundation for our Federal fill our oath. structure. That’s what we’re doing Government provides us the direction I know there are good Americans who today. that we need to our primary respon- oppose this legislation because they be- The world has changed just a little sibilities. I would suggest that this leg- lieve the protections for civil liberties bit. In just this last month, the last M– islation helps us fulfill every one of the and privacy don’t go far enough, but we 1 tank left Europe. It’s the first time responsibilities mandated on us by our must not let the perfect be the enemy we haven’t had a tank in Europe since Constitution. Now let’s just take them of the good. This bill prohibits the gov- D-day when the great Kansan invaded one by one. ernment from forcing private sector on the great quest to free us from Nazi ‘‘Establish justice’’—it is just to pro- entities to provide information to the totalitarian domination. There are no tect American companies from the government. It places restrictions on tanks. We fight in a different world theft of their intellectual property by the use of any data voluntarily shared. today. We use the word ‘‘cyber,’’ and attackers and by competitors. The bill provides for strong congres- sometimes folks forget what we’re real- ‘‘Insure domestic tranquility’’—can sional oversight. These are tremendous ly talking about. We’re talking about you even imagine the threat to domes- victories to protect our civil liberties. nation-states trying to do terrible tic tranquility if our power grid is suc- I support this bill because American harm to American interests, to Amer- cessfully attacked by a foreign state jobs hang in the balance. Every day, ican property and, indeed, to American like North Korea and this Nation is left our companies are subject to cyber at- civil liberties. in the dark? tacks seeking to steal valuable trade Now, in the last minute I have here, ‘‘Provide for the common defence’’— secrets which deprive American citi- I want to talk about a couple of myths what is more common than our power zens of high-paying high-tech jobs. Lo- that have arisen about this piece of grid, our financial system and our cally, my hometown grocery store in legislation. When I first learned about economy? Are we not required to de- southern Illinois, Schnucks, was re- it, I, too, shared some of the concerns fend all of that? cently hacked, and customers’ debit about what might be happening, about ‘‘Promote the general welfare’’— and credit card information was com- what might take place here. I offered again, if our power grid is taken down, promised, making many of my con- an amendment last year, which is now it is impossible to promote the general stituents vulnerable to theft. incorporated into the bill, along with welfare. I cannot stand by and let an oppor- dozens of such amendments, to make ‘‘Secure the blessings of liberty to tunity to prevent such actions pass me sure belt-and-suspenders that we pro- ourselves and to our posterity’’—our by, which is why I stand in support of tected civil liberties. intellectual property, made with Amer- this legislation. To protect the jobs of I’ve heard the myth propagated that ican ingenuity, our life savings in those who work to build planes at Boe- this piece of legislation violates con- banks, under threat from foreign ac- ing in Belleville or workers at Afton tract rights, that somehow through tors, our jobs, our economy. All of Chemical in Sauget, I must support CISPA we’re going to take away the these blessings of liberty are currently this legislation. To ensure that those ability of people to negotiate privately at risk if we do nothing. who make weapons to defend our coun- for contractual things that they want. I’ve heard some suggest, Madam try at General Dynamics in Marion, Il- I don’t know how that could be. This Chair, that they have constitutional linois, don’t lose their jobs because bill is purely voluntary. It mandates concerns about passing this bill. I some Chinese hacker has stolen propri- that no one participate. It simply al- would just suggest to them that I be- etary information, I must support this lows businesses to voluntarily partici- lieve strongly that you should have legislation. pate and share information they have constitutional concerns about not pass- As the weapons of warfare change about attacks that have been foisted ing this bill. I do not believe that our and adapt, we must make the nec- upon them. Constitution gives foreign state actors essary adjustments to protect our Na- I’ve heard a second myth that this like China or Russia or North Korea or tion while adhering to our founding will authorize warrantless searches Iran uncontested access to the critical principles. I urge my colleagues to join across the United States of America. systems of private American compa- me in support of this act. The CHAIR. The time of the gen- nies. To the contrary, I believe that The CHAIR. The gentleman from tleman has expired. our Constitution requires us, the Fed- Maryland has 141⁄2 minutes remaining, Mr. ROGERS of Michigan. I yield an eral Government, to defend them. and the gentleman from Michigan has additional 60 seconds to the gentleman. I certainly want to applaud the great 51⁄2 minutes remaining. 1510 work that has been done by the chair- Mr. ROGERS of Michigan. Madam b man of the House Intelligence Com- Chair, I yield 2 minutes to a former Mr. POMPEO. There’s talk about mittee, Mr. ROGERS of Michigan, and military officer, the distinguished gen- warrantless searches all across Amer- certainly applaud our ranking member, tleman from Kansas (Mr. POMPEO). ica. The legislation does no such thing. Mr. RUPPERSBERGER. Mr. POMPEO. I want to thank Chair- It’s a short bill. It’s 26 pages. I would Gentlemen, you have worked so man ROGERS and Ranking Member urge everyone to go read it for them- closely together on your committee RUPPERSBERGER for all of their hard selves. and with other committees as well on work over many months, now years, in It fairly clearly limits what govern- this great piece of legislation. bringing this to where we are today, ment may do, what information gov- I would urge all of my colleagues, and I want to thank all of the com- ernment may receive. It limits what Madam Chair, to join me in fulfilling mittee staff who worked so hard to private companies can share with gov- our oath and in voting ‘‘yes.’’ bring it to this point as well. ernment and amongst themselves. It

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.038 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2094 CONGRESSIONAL RECORD — HOUSE April 17, 2013 limits what government can do with PERSBERGER for their efforts. I com- I just want to make very, very that information once it is received. It mend them on a collaborative approach clear—and I thank the gentlelady for has greatly capped what is going on to a very important issue, and I ask my working with us, she is a great member here. colleagues to support this important of the committee—nowhere in this bill Its design is simple: it is to make measure. does it allow the military to collect insure that all of the information about Mr. ROGERS of Michigan. I don’t formation on private citizens in the direct attacks on America are widely have any further speakers, and so I will United States. This is not a surveil- known, easily disseminated, and avail- continue to reserve the balance of my lance bill. It does not allow it to hap- able for all to help in the protection of time to close. pen. That needs to be very, very clear the American state. I urge my col- Mr. RUPPERSBERGER. I yield 2 in this debate. It does not allow the leagues to support this legislation. minutes to the gentlewoman from Illi- military to surveil private networks in Mr. RUPPERSBERGER. Madam nois (Ms. SCHAKOWSKY), who is a senior the United States. Period. End of Chair, I yield 2 minutes to my good member of our committee and has story. That’s the biggest part of our friend, the gentleman from Rhode Is- worked very hard on this issue. privacy protections. Again, I want to land (Mr. LANGEVIN); and I do want to Ms. SCHAKOWSKY. Madam Chair, I thank the gentlelady for working with say that we’ve been working together sincerely want to thank the chair and us, but that’s just an inaccurate state- for years on this issue of cybersecurity, ranking member of the Intelligence ment, and I want to make that clear Committee and express my apprecia- and I consider him to be one of the ex- for the RECORD. perts and one of my closest friends tion for all of their efforts to work in I reserve the balance of my time. working on this issue. a bipartisan manner and to address the Mr. RUPPERSBERGER. Madam (Mr. LANGEVIN asked and was given concerns raised by me, by civil lib- Chair, how much time do I have re- permission to revise and extend his re- erties groups, and by the White House. maining? marks.) However, I rise today in opposition to The CHAIR. The gentleman from Mr. LANGEVIN. Madam Chair, I the bill. While I strongly believe that Maryland has 10 minutes remaining. thank the gentleman for yielding. I we need to address the serious cyberse- Mr. RUPPERSBERGER. Madam rise in strong support of H.R. 624, and I curity threat—there is no question Chair, I yield 2 minutes to the gentle- about that—I think we can do it with- do thank Chairman ROGERS and Rank- woman from Texas (Ms. JACKSON LEE), out compromising our civil liberties. ing Member RUPPERSBERGER for their a very active member of our caucus. Despite some positive changes, I feel commitment to a bipartisan and inclu- Ms. JACKSON LEE. I thank the dis- this bill fails to adequately safeguard sive process on a very, very challenging tinguished ranking member and the the privacy of Americans. Cybersecu- issue. chairman, as well, for working to an- We know with certainty that cyber- rity and privacy are not mutually ex- swer an enormous concern on the ques- clusive, and this bill fails to achieve a security threats that we face are real, tion of national and domestic security. balance between protecting our net- and they are increasing both in number Since Robert Tappan Morris in 1988 works and safeguarding our liberties. released one of the first commuter and sophistication every day. Congress Yesterday, I offered an amendment worms, we realized, as the computer may not have acted last year, but that would have made critical advances and the Internet now have grown, the those who would use cyberspace for ne- toward protecting privacy. My amend- proliferation of computer malware, or farious purposes certainly did, and ment would have required that compa- they continue to steal intellectual nies report cyber threat information computer programs designed specifi- property, identities, funds from bank directly to civilian agencies, maintain- cally to damage computers or their accounts, and sensitive security infor- ing the longstanding tradition that the networks or to co-opt systems or steal mation. military doesn’t operate on U.S. soil or data, has attracted public and media I know full well that this is not a collect information of American citi- attention and that we needed to do perfect bill, such is the nature of the zens. something. Now more than ever, cyber- legislative process. But we need the au- Another important amendment of- security impacts every aspect of our thority that CISPA provides to allow fered by Congressman SCHIFF would lives. the voluntary sharing of cybersecurity have required companies to make ‘‘rea- As a member of the Homeland Secu- threat information. sonable efforts’’ to remove personal in- rity Committee, I can assure you that Improvements, I should point out, formation before sharing cyber threat my concern about the electric grid have been made over last year’s bill. information. Unfortunately, those crit- utilities, the energy and financial in- Several amendments have already been ical amendments were not made in dustries, recognize that it is important adopted to alleviate many privacy con- order. to act, and to act with speed and un- cerns, and more may be adopted before Yesterday, the Obama administra- derstanding. Likewise, I am concerned we are done. I welcome such progress. tion expressed ongoing concerns about about the rage in epidemic of hackers This bill is an important step, but in- this legislation, issuing a veto threat. I and the impact that it has on 85 to 87 formation-sharing is only one portion share the President’s concern—despite percent of the infrastructure in this of the broader cybersecurity debate. positive changes, this bill falls short in Nation. I have long maintained that we must several key ways. As written right For that reason, however, I believe also work to ensure the creation of now, and hopefully there still may be that along with this effort, we should minimum standards for critical infra- some changes, CISPA allows the mili- have a lead civilian agency to collect structure; the education of a strong tary to directly collect personal infor- the data. I’m looking forward to the and vibrant future cybersecurity work- mation on American citizens. It fails to manager’s amendment, which I hope force; and effective Federal and mili- safeguard privacy of Americans and will clarify that Homeland Security tary cyber structure, including a Sen- grants sweeping immunity to compa- will be that. ate-confirmed cybersecurity director nies for decisions made based on cyber In addition, I have offered an amend- with real authority, including com- information, prohibiting consumers ment. My amendment ensures that if a prehensive budgetary authority; and from holding companies accountable cloud service provider identifies or de- the coordination of research and devel- for reckless actions and negligence. tects an attempt by someone to access, opment on cybersecurity across the The CHAIR. The time of the gentle- to gain unauthorized access to non- Nation. woman has expired. governmental information stored on Together with the President’s recent Mr. RUPPERSBERGER. I yield 30 the system, it would not be required or executive order, I believe CISPA and seconds to the gentlewoman. permitted to report that attempt to the bills this House approved yesterday Ms. SCHAKOWSKY. I do urge my col- the government and it cannot share are a very promising beginning, but leagues to oppose this bill. We can and that information with the government. there is obviously much more to be should do better, and I’m hopeful that I thank the Rules Committee for allow- done. we still will do better. ing that amendment to be in. Again, I want to thank Chairman Mr. ROGERS of Michigan. Madam I do, however, want to raise the ques- ROGERS and Ranking Member RUP- Chair, I yield myself 30 seconds. tion on privacy. I believe that we could

VerDate Mar 15 2010 04:23 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.040 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2095 fix this legislation with a small addi- So all information is affected by this, prove this legislation. I also want to thank all tion dealing with the privacy question under this bill, in its present form, of my colleagues who offered amendments to as we hopefully address the question turned over to the government, shared strengthen this bill by providing more privacy dealing with the lead civilian agency. I with every agency relating to any bod- protections for our citizens and improving thank the chairman and the ranking ily injury or harm, and we haven’t been inter-agency coordination. While this is not a member, and I look forward to further offered an opportunity to amend that. perfect bill, this is a step in the right direction discussion on this legislation. So I encourage my colleagues to vote and I am hopeful that the Senate will take up Mr. ROGERS of Michigan. I continue ‘‘no’’ on this bill. We can and we must this measure and make it even stronger. It is to reserve the balance of my time. do better for our country. also my hope that the White House will con- Mr. RUPPERSBERGER. Madam Mr. RUPPERSBERGER. I yield 2 tinue to work with us in this body’s effort to be Chair, I yield 2 minutes to the gen- minutes to the gentlewoman from Ala- proactive instead of reactive. Madam Speaker, tleman from Colorado (Mr. POLIS), a bama (Ms. SEWELL). Is it ‘‘Roll Tide’’? we simply cannot afford to wait—The threats member of the Rules Committee. She is an outstanding new member of against our national and economic security are Mr. POLIS. I thank the gentleman. the Intelligence Committee. She’s real. Attacks against our financial, energy and This bill, unfortunately, hurts what smart. She works hard. She’s very dy- communication sectors are happening every it purports to help. It’s detrimental to namic, and she is our closer today. day. We have received dire warnings from our job growth, innovation, and privacy. Ms. SEWELL of Alabama. Madam defense and intelligence officials that wide- Chair, today I rise to support the bill. b 1520 spread attacks are the number one threat to I can say, Madam Chair, that I actu- our national security above all else. The Direc- We talked a bit about the process ally voted against the bill last term. tor of National Intelligence, James Clapper, whereby a number of amendments that But today I am proud to say, because has elevated cyber threats to the top of the list would have improved it were not al- of the hard work of both the chairman of national-security concerns. The National In- lowed to be discussed or voted on on and the ranking member and so many telligence Estimate provided evidence of wide- the floor. And there are still enormous members of this committee, that today spread infiltrations of U.S. computer networks. flaws with this bill which need to be I stand before you in support of the Evidence has also emerged of spying inside addressed. bill. the computer networks of major U.S. media, Look, to the extent that companies I am now a new member of the Intel- including the Wall Street Journal and New believe that information-sharing is im- ligence Committee and, as I’ve told my York Times. Defense and intelligence officials portant, it should be done in a way staff, the more you know, the better have grown increasingly alarmed over a re- that’s consistent with sanctity of con- you can vote. And today, I want to rise lentless cyber attack campaign against U.S. tract. If there’s something that gets in to explain why I am voting for this bill. banks, critical infrastructure and a host of the way of information-sharing, we I think that everybody agrees that other private entities. need to identify it. That hasn’t been there are cyber threats each and every We must continue to work together to find a identified. day. And, in fact, Director Clapper, the balance between preserving privacy and pro- Clearly, the answer is not to say Director of National Intelligence, he tecting the security of this country from the whatever a company agrees upon with actually said his number one thing danger of cyber attacks. Sharing cyber threat a personal user, even if explicitly it that keeps him up at night is cyber at- information, as provided for in this bill, is vital says we’re going to keep your informa- tacks. for combatting malicious hackers, criminals, tion private, the minute after that’s And what this bill will do is simply and foreign agents. By removing the legal and agreed to by a user, the company would to share information. It is not about regulatory barriers currently impeding the free be completely indemnified by turning releasing personal identifiable informa- flow of actionable information, the Cyber Intel- all this information, personal information. That is strictly prohibited by this ligence Sharing and Protection Act (CISPA) tion, credit card information, address, bill. So it is strictly prohibited by this will promote nimble, adaptive innovation—the everything, over to the government. bill. best strategy for defending against a rapidly Now, why not remove anything? And this bill has been greatly en- evolving threat landscape. Why not just pass along the parts hanced by so many of my wonderful This growing number and complexity of that are related to cybersecurity? colleagues who have submitted amend- cyber attacks on private and government com- There’s no incentive to do so. Had ments, many of which I am sure will puters has provided an opportunity for us to there been a requirement that reason- pass tomorrow, as well as greatly en- join together and pass bipartisan legislation to able efforts were taken to delete per- hanced by the amendments that were address the problem. I am committed to find- sonal data, that would have been a step brought forth by committee members. ing a workable solution with the Senate and in the right direction. But, again, it’s I shared some serious concerns about White House, and I believe this bill provides a an extra cost with no benefit for the some privacy protections when I came solid framework on a critical issue for national company to delete personal data be- on the committee, and I have to tell and economic security. I look forward to con- cause they’re completely indemnified you that the committee was gracious sidering any amendments my colleagues put with regard to this matter without the enough to listen to the amendments forth today to help improve the legislation of consent of the user himself. that I offered, as well as other amend- this bill. And though I realize this is not a per- What happens to this information ments that were offered by my col- fect bill, I think the time to act is now to pro- once it reaches the government? leagues on this side of the aisle. tect our national security. I urge members to It can be shared with any govern- I was surprised, given the partisan vote for this legislation. ment agency. It can be shared with the nature of politics here in this House, Mr. RUPPERSBERGER. Madam Bureau of Alcohol, Tobacco and Fire- that the Intelligence Committee really Chair, I yield myself as much time as I arms, the National Security Agency, tries, because of our national security, may consume. the Food and Drug Administration. to work together. And in a true bipar- First thing, we’ve heard testimony Again, the limitations are so open- tisan manner, many of those privacy today about how serious the cyber at- ended that anything that relates even protections were unanimously agreed tacks are to our country. We know to a minor scratch or a cut, issues com- to by members of the committee. what has occurred already. We know pletely unrelated to cybersecurity, Once again, I urge my colleagues to that our banks have been attacked, our things that could be related to dog vote for this bill, and I urge the Presi- major banks. We know that our news- bites, essentially any information. dent to sign this bill into law. papers, New York Times, Washington Part of the problem here, there are Today, I rise in support of this bill. But Post, have been attacked. cyber attacks everywhere. I ran an e- Madam Chair, last year, I voted against the We know that news reports have said commerce site. Tens of thousand every cybersecurity bill that was offered in this body. that Iran attacked Aramco, Saudi Ara- day. I mean, any e-commerce company I am now and am honored to serve as a mem- bia’s largest oil company. They took experiences this every day, so it’s a re- ber of the Intelligence Committee and the out 30,000 computers, which means we ality every day. Everything is a poten- more you know, the better you can vote. I are subjected to those attacks also. tial cybersecurity threat. There’s peo- want to commend the Chairman and the We also know that Cyber Command ple cracking passwords every day. Ranking Member for their leadership to im- has said that we, in the United States,

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.041 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2096 CONGRESSIONAL RECORD — HOUSE April 17, 2013 have lost, from the attacks on our willing to deal with the issue of percep- look forward, Madam Chair, to the de- businesses, approximately $200 billion. tion and to make sure we made privacy bate on the amendments, and I yield Just think what that equates to in an element that we could deal with, back the balance of my time. jobs, stealing information about trade and that we could change our bill to Mr. CONYERS. Madam Chair, this week, secrets, about competing globally with deal with certain perceptions. I feel the House of Representatives is scheduled to a country like China where they have that we’ve done that. take up the Cyber Intelligence Sharing and all of our information, where they’re I also want to thank Chairman Protection Act (CISPA). Among other things, able to shut down banks. MCCAUL from Homeland Security and the legislation would authorize open-ended This is a very serious issue, and we Ranking Member BENNIE THOMPSON sharing of threat information between certain need to do a better job to educate the from Homeland Security, who’ve private companies and the federal govern- public on how serious it is. And we just worked with us to get an amendment ment, and grant those companies unlimited hope that we can pass this bill today in that was very important, as you heard legal immunity. I—along with more than 30 the House, a bill in the Senate, and the from JAN SCHAKOWSKY. civil liberties and privacy groups ranging from President signs the bill, so that we can That amendment basically says that the ACLU to the Competitive Enterprise Insti- protect our citizens, we can protect our the point of entry for any communica- tute—believe the bill is badly flawed, and will businesses from these attacks. tion is on the civil side of our govern- harm the privacy and civil liberties of our citi- If we knew that Iran was sending ment, Homeland Security, and we hope zens. While the Intelligence Committee over an airplane with a bomb we would to pass that amendment. amended CISPA last week, purporting to ad- take it out. And yet we have to make And I feel very strongly that if we do dress privacy-related issues, the changes do sure that we deal with the issue in the that, we will have addressed the major- not ameliorate the core concerns I have with United States of America to protect ity of the issues that are so important the bill. ourselves. to this bill and to our security and to CISPA would create a ‘‘Wild West’’ of infor- Now, there was a major issue raised, our privacy. mation-sharing, where any ‘‘certified’’ private- and that issue was privacy. And believe I yield back the balance of my time. sector entity could share information with any Mr. ROGERS of Michigan. Madam me, I want to say this over and over federal government agency for various ill-de- Chair, I yield myself the remaining again. You don’t have security if you fined purposes. By allowing for the direct shar- time. don’t have privacy. And we feel very I just want to quickly, Madam Chair, ing of information between the private sector strongly that this bill provides privacy. address some of the moving targets on and the National Security Agency, as well as But we also know, Chairman ROGERS the bill. When we move to change other Defense Department agencies, the legis- and I know, that if we pass a bill here, something in the bill, the 19 privacy lation hastily casts aside time-tested legal pro- we need to pass a bill in the Senate, amendments, people who still decide hibitions against intelligence agencies and the and we need the President to sign it. they don’t like it for, again, whatever military from operating on U.S. soil. The bill So we got together, and even though reason, move their challenges of why should be amended to prevent this direct shar- we passed our bill in a bipartisan effort they don’t like it. ing with non-civilian agencies. last year and it stalled in the Senate, The newest, I think, straw man is CISPA would also create duplicative infor- we now have made the bill what we feel that this somehow would violate con- mation-sharing processes with no central over- is a lot stronger as it deals with the tract law. Nothing in this bill allows sight or accountability. Successive administra- perception of privacy. you to avoid contract law. Nothing. tions have expended enormous resources And we’ve added oversight. We have building proper information-sharing programs four categories of oversight, privacy. b 1530 at the Department of Homeland Security and We’ve made sure that minimization— It’s a red herring. It is not accurate. the FBI; these efforts should be enhanced, not taking out any privacy information Nothing in this bill would allow this to clouded by permitting the proliferation of re- that might pass—we made sure that happen. The fact that someone who dundant programs across the federal govern- that is 100 percent minimization so was in the technical business would say ment. that no one’s private information will this hurts job growth, that’s inter- The legislation also removes current legal pass. esting. The sheer number of companies protections applicable to companies that facili- But the most important thing is that who support this, from the Business tate and process our private communications we have to make sure that we pass a Roundtable to the Financial Services and share them with the government and one bill because of the fact that 80 percent Business Group to TechNet, who has another. Companies sharing information would of our network is controlled by 10 com- companies like Intel Corporation, be exempt from all privacy statutes and would panies in the United States of America. Symantec, Juniper, Oracle, EMC, so- be relieved of liability for recklessly sharing, or And all of our experts in this area have cial media, all stand up and say this is deciding not to share information. Without nar- said that if government and business the right approach. It will allow us to rowly defining the information that may be can’t share information about these at- protect our consumers of our product shared, limiting to whom it may be shared and tacks, zeros and ones, if they can’t from foreign governments stealing why, and preserving mechanisms to provide share information, they cannot protect their private information. accountability for wrongdoing, the privacy of our country from these ongoing at- We need to understand what this bill our citizens and confidence in the trust- tacks that are occurring as we speak is and what it is not. It is not a surveil- worthiness of our electronic communications right now. lance bill. Nothing in here authorizes networks would be weakened. For example, So let’s act. Let’s not wait until we surveillance. We’re going to have an the bill would not prevent a company sharing have another catastrophic attack like amendment to clarify that, to say it in cyber threat information from including data 9/11. Let’s deal with this now. Let’s the law so people can regain that con- not necessary to understanding the threat, pass the bill and make sure that we fidence. such as private emails between family mem- protect, again, our citizens. And I want We argue, Read the bill. It’s 27 pages. bers or personal information such as medical to say it one more time. The issue that It is very clear. It is predominantly records, in a data dump to the government. you can’t have security if you don’t protections of your civil liberties, and The bill should narrowly define the cat- have privacy. it also allows companies to voluntarily egories of information that may be shared, I do want to also say, I want to thank share malicious source code—and such as malicious code or methods of defeat- all those individuals in our govern- that’s source code that’s committing a ing cybersecurity controls, and require that ment, in the private sector. The pri- crime against their consumers and companies sharing the data take reasonable vacy groups have all come together. their company—with the Federal Gov- steps to remove information identifying individ- This has been a good debate. It’s been ernment so they can go back overseas uals not involved in the threat. It is not enough a debate about issues that the public and find the Chinese or the Iranians or to require government recipients of the data to needed to know. the Russians or the North Koreans who remove the private information because it And I also want to thank the chair- are perpetrating that crime. This bill is should never be sent to the government in the man for his leadership, and the fact nothing more. It does do that. first place. The bill therefore should be amend- that he was willing, even though we Thanks to the ranking member and ed to require that companies sharing cyber had our bill passed a year ago, he was all who have gotten to this point. I threat information make reasonable efforts to

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K17AP7.044 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2097 remove such personally identifiable informa- ‘‘(1) IN GENERAL.—The Director of National HOMELAND SECURITY.—Subject to the use and tion from the data they share with other com- Intelligence shall establish procedures to allow protection of information requirements under panies and the government. elements of the intelligence community to share paragraph (3), the head of a department or The bill’s liability protection provisions are cyber threat intelligence with private-sector en- agency of the Federal Government receiving tities and utilities and to encourage the sharing cyber threat information in accordance with also unnecessarily broad and eliminate the of such intelligence. paragraph (1) shall provide such cyber threat ability of aggrieved citizens and companies to ‘‘(2) SHARING AND USE OF CLASSIFIED INTEL- information in as close to real time as possible to protect and secure their privacy, as well as LIGENCE.—The procedures established under the National Cybersecurity and Communications their property and physical well-being. Regard- paragraph (1) shall provide that classified cyber Integration Center of the Department of Home- less of whether a company acted recklessly or threat intelligence may only be— land Security. negligently, the bill would prevent civil or crimi- ‘‘(A) shared by an element of the intelligence ‘‘(B) REQUEST TO SHARE WITH ANOTHER DE- nal actions for decisions made for cybersecu- community with— PARTMENT OR AGENCY OF THE FEDERAL GOVERN- ‘‘(i) a certified entity; or MENT.—An entity sharing cyber threat informa- rity purposes ‘‘based on’’ cyber threat informa- ‘‘(ii) a person with an appropriate security tion that is provided to the National Cybersecu- tion. In effect, the legislation removes critical clearance to receive such cyber threat intel- rity and Communications Integration Center of incentives for industry to act reasonably con- ligence; the Department of Homeland Security under cerning cyber threat information. ‘‘(B) shared consistent with the need to pro- subparagraph (A) or paragraph (1) may request Consider a situation in which a tele- tect the national security of the United States; the head of such Center to, and the head of communications company through its oper- and such Center may, provide such information in ations becomes aware of a cyber threat di- ‘‘(C) used by a certified entity in a manner as close to real time as possible to another de- which protects such cyber threat intelligence rected toward a utility but fails to notify the partment or agency of the Federal Government. from unauthorized disclosure. ‘‘(3) USE AND PROTECTION OF INFORMATION.— critical infrastructure company of the threat, ‘‘(3) SECURITY CLEARANCE APPROVALS.—The Cyber threat information shared in accordance denying the utility the opportunity to engage in Director of National Intelligence shall issue with paragraph (1)— defensive measures and resulting in a cata- guidelines providing that the head of an element ‘‘(A) shall only be shared in accordance with strophic event producing substantial property of the intelligence community may, as the head any restrictions placed on the sharing of such damage and loss of life. Under the legislation, of such element considers necessary to carry out information by the protected entity or self-pro- the telecommunications company character- this subsection— tected entity authorizing such sharing, includ- izing its decision not to notify as one made for ‘‘(A) grant a security clearance on a tem- ing appropriate anonymization or minimization porary or permanent basis to an employee or of- a cybersecurity purpose would be able to of such information and excluding limiting a de- ficer of a certified entity; partment or agency of the Federal Government avoid legal liability. The bill’s exemption from ‘‘(B) grant a security clearance on a tem- from sharing such information with another de- liability should therefore be narrowed to ex- porary or permanent basis to a certified entity partment or agency of the Federal Government clude protection for such decisions. and approval to use appropriate facilities; and in accordance with this section; The cyber threats our nation faces are seri- ‘‘(C) expedite the security clearance process ‘‘(B) may not be used by an entity to gain an ous, and we need to take action. The presi- for a person or entity as the head of such ele- unfair competitive advantage to the detriment of dent’s recent executive order directing the en- ment considers necessary, consistent with the the protected entity or the self-protected entity hanced sharing of cyber threat information by need to protect the national security of the authorizing the sharing of information; United States. the government to industry is a significant step ‘‘(C) may only be used by a non-Federal re- ‘‘(4) NO RIGHT OR BENEFIT.—The provision of cipient of such information for a cybersecurity in the right direction. Legislation encouraging information to a private-sector entity or a util- purpose; information-sharing by the private sector is ity under this subsection shall not create a right ‘‘(D) if shared with the Federal Government— also required, but it must be carefully crafted or benefit to similar information by such entity ‘‘(i) shall be exempt from disclosure under sec- and limited to actual threats. The House or such utility or any other private-sector entity tion 552 of title 5, United States Code (commonly version of CISPA is not the right solution to or utility. known as the ‘Freedom of Information Act’); this real problem, and it must be fixed before ‘‘(5) RESTRICTION ON DISCLOSURE OF CYBER ‘‘(ii) shall be considered proprietary informa- THREAT INTELLIGENCE.—Notwithstanding any it reaches the president’s desk. tion and shall not be disclosed to an entity out- other provision of law, a certified entity receiv- side of the Federal Government except as au- The CHAIR. All time for general de- ing cyber threat intelligence pursuant to this thorized by the entity sharing such information; bate has expired. subsection shall not further disclose such cyber ‘‘(iii) shall not be used by the Federal Govern- Pursuant to the rule, the bill shall be threat intelligence to another entity, other than ment for regulatory purposes; considered for amendment under the 5- to a certified entity or other appropriate agency ‘‘(iv) shall not be provided by the department minute rule. or department of the Federal Government au- or agency of the Federal Government receiving In lieu of the amendment in the na- thorized to receive such cyber threat intel- such cyber threat information to another de- ture of a substitute recommended by ligence. partment or agency of the Federal Government the Permanent Select Committee on ‘‘(b) USE OF CYBERSECURITY SYSTEMS AND under paragraph (2)(A) if— SHARING OF CYBER THREAT INFORMATION.— ‘‘(I) the entity providing such information de- Intelligence, printed in the bill, it shall ‘‘(1) IN GENERAL.— termines that the provision of such information be in order to consider as an original ‘‘(A) CYBERSECURITY PROVIDERS.—Notwith- will undermine the purpose for which such in- bill for the purpose of amendment standing any other provision of law, a cyberse- formation is shared; or under the 5-minute rule an amendment curity provider, with the express consent of a ‘‘(II) unless otherwise directed by the Presi- in the nature of a substitute consisting protected entity for which such cybersecurity dent, the head of the department or agency of of the text of Rules Committee Print provider is providing goods or services for cyber- the Federal Government receiving such cyber 113–7. That amendment in the nature of security purposes, may, for cybersecurity pur- threat information determines that the provision a substitute shall be considered as poses— of such information will undermine the purpose ‘‘(i) use cybersecurity systems to identify and for which such information is shared; and read. obtain cyber threat information to protect the ‘‘(v) shall be handled by the Federal Govern- The text of the amendment in the na- rights and property of such protected entity; ment consistent with the need to protect sources ture of a substitute is as follows: and and methods and the national security of the Be it enacted by the Senate and House of Rep- ‘‘(ii) share such cyber threat information with United States; and resentatives of the United States of America in any other entity designated by such protected ‘‘(E) shall be exempt from disclosure under a Congress assembled, entity, including, if specifically designated, the State, local, or tribal law or regulation that re- H.R. 624 Federal Government. quires public disclosure of information by a pub- ‘‘(B) SELF-PROTECTED ENTITIES.—Notwith- lic or quasi-public entity. SECTION 1. SHORT TITLE. standing any other provision of law, a self-pro- ‘‘(4) EXEMPTION FROM LIABILITY.— This Act may be cited as the ‘‘Cyber Intel- tected entity may, for cybersecurity purposes— ‘‘(A) EXEMPTION.—No civil or criminal cause ligence Sharing and Protection Act’’. ‘‘(i) use cybersecurity systems to identify and of action shall lie or be maintained in Federal or SEC. 2. CYBER THREAT INTELLIGENCE AND IN- obtain cyber threat information to protect the State court against a protected entity, self-pro- FORMATION SHARING. rights and property of such self-protected entity; tected entity, cybersecurity provider, or an offi- (a) IN GENERAL.—Title XI of the National Se- and cer, employee, or agent of a protected entity, curity Act of 1947 (50 U.S.C. 442 et seq.) is ‘‘(ii) share such cyber threat information with self-protected entity, or cybersecurity provider, amended by adding at the end the following any other entity, including the Federal Govern- acting in good faith— new section: ment. ‘‘(i) for using cybersecurity systems to identify ‘‘CYBER THREAT INTELLIGENCE AND INFORMATION ‘‘(2) SHARING WITH THE FEDERAL GOVERN- or obtain cyber threat information or for shar- SHARING MENT.— ing such information in accordance with this ‘‘SEC. 1104. (a) INTELLIGENCE COMMUNITY ‘‘(A) INFORMATION SHARED WITH THE NA- section; or SHARING OF CYBER THREAT INTELLIGENCE WITH TIONAL CYBERSECURITY AND COMMUNICATIONS ‘‘(ii) for decisions made for cybersecurity pur- PRIVATE SECTOR AND UTILITIES.— INTEGRATION CENTER OF THE DEPARTMENT OF poses and based on cyber threat information

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\A17AP7.012 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2098 CONGRESSIONAL RECORD — HOUSE April 17, 2013 identified, obtained, or shared under this sec- ‘‘(E) Firearms sales records. ‘‘(B) the costs of the action together with rea- tion. ‘‘(F) Tax return records. sonable attorney fees as determined by the ‘‘(B) LACK OF GOOD FAITH.—For purposes of ‘‘(G) Educational records. court. the exemption from liability under subpara- ‘‘(H) Medical records. ‘‘(2) VENUE.—An action to enforce liability graph (A), a lack of good faith includes any act ‘‘(5) NOTIFICATION OF NON-CYBER THREAT IN- created under this subsection may be brought in or omission taken with intent to injure, defraud, FORMATION.—If a department or agency of the the district court of the United States in— Federal Government receiving information pur- or otherwise endanger any individual, govern- ‘‘(A) the district in which the complainant re- suant to subsection (b)(1) determines that such ment entity, private entity, or utility. sides; information is not cyber threat information, ‘‘(5) RELATIONSHIP TO OTHER LAWS REQUIRING ‘‘(B) the district in which the principal place such department or agency shall notify the enti- THE DISCLOSURE OF INFORMATION.—The submis- of business of the complainant is located; ty or provider sharing such information pursu- sion of information under this subsection to the ‘‘(C) the district in which the department or Federal Government shall not satisfy or affect— ant to subsection (b)(1). ‘‘(6) RETENTION AND USE OF CYBER THREAT IN- agency of the Federal Government that dis- ‘‘(A) any requirement under any other provi- FORMATION.—No department or agency of the closed the information is located; or sion of law for a person or entity to provide in- Federal Government shall retain or use informa- ‘‘(D) the District of Columbia. formation to the Federal Government; or tion shared pursuant to subsection (b)(1) for ‘‘(3) STATUTE OF LIMITATIONS.—No action ‘‘(B) the applicability of other provisions of any use other than a use permitted under sub- shall lie under this subsection unless such ac- law, including section 552 of title 5, United section (c)(1). tion is commenced not later than two years after States Code (commonly known as the ‘Freedom ‘‘(7) PRIVACY AND CIVIL LIBERTIES.— the date of the violation of subsection (b)(3)(D) of Information Act’), with respect to information ‘‘(A) POLICIES AND PROCEDURES.—The Direc- or subsection (c) that is the basis for the action. required to be provided to the Federal Govern- tor of National Intelligence, in consultation ‘‘(4) EXCLUSIVE CAUSE OF ACTION.—A cause of ment under such other provision of law. with the Secretary of Homeland Security and action under this subsection shall be the exclu- ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this the Attorney General, shall establish and peri- sive means available to a complainant seeking a subsection shall be construed to provide new au- odically review policies and procedures gov- remedy for a violation of subsection (b)(3)(D) or thority to— erning the receipt, retention, use, and disclosure subsection (c). ‘‘(A) a cybersecurity provider to use a cyberse- of non-publicly available cyber threat informa- ‘‘(e) REPORTS ON INFORMATION SHARING.— curity system to identify or obtain cyber threat tion shared with the Federal Government in ac- ‘‘(1) INSPECTOR GENERAL REPORT.—The In- information from a system or network other cordance with subsection (b)(1). Such policies spector General of the Intelligence Community, than a system or network owned or operated by and procedures shall, consistent with the need in consultation with the Inspector General of a protected entity for which such cybersecurity to protect systems and networks from cyber the Department of Justice, the Inspector General provider is providing goods or services for cyber- threats and mitigate cyber threats in a timely of the Department of Defense, and the Privacy security purposes; or manner— and Civil Liberties Oversight Board, shall annu- ‘‘(B) a self-protected entity to use a cybersecu- ‘‘(i) minimize the impact on privacy and civil ally submit to the congressional intelligence rity system to identify or obtain cyber threat in- liberties; committees a report containing a review of the formation from a system or network other than ‘‘(ii) reasonably limit the receipt, retention, use of information shared with the Federal Gov- a system or network owned or operated by such use, and disclosure of cyber threat information ernment under this section, including— self-protected entity. associated with specific persons that is not nec- ‘‘(A) a review of the use by the Federal Gov- ‘‘(c) FEDERAL GOVERNMENT USE OF INFORMA- essary to protect systems or networks from cyber ernment of such information for a purpose other TION.— threats or mitigate cyber threats in a timely than a cybersecurity purpose; ‘‘(1) LIMITATION.—The Federal Government manner; ‘‘(B) a review of the type of information may use cyber threat information shared with ‘‘(iii) include requirements to safeguard non- shared with the Federal Government under this the Federal Government in accordance with publicly available cyber threat information that section; subsection (b)— may be used to identify specific persons from ‘‘(C) a review of the actions taken by the Fed- ‘‘(A) for cybersecurity purposes; unauthorized access or acquisition; ‘‘(B) for the investigation and prosecution of ‘‘(iv) protect the confidentiality of cyber eral Government based on such information; cybersecurity crimes; threat information associated with specific per- ‘‘(D) appropriate metrics to determine the im- ‘‘(C) for the protection of individuals from the sons to the greatest extent practicable; and pact of the sharing of such information with the danger of death or serious bodily harm and the ‘‘(v) not delay or impede the flow of cyber Federal Government on privacy and civil lib- investigation and prosecution of crimes involv- threat information necessary to defend against erties, if any; ing such danger of death or serious bodily harm; or mitigate a cyber threat. ‘‘(E) a list of the departments or agencies re- or ‘‘(B) SUBMISSION TO CONGRESS.—The Director ceiving such information; ‘‘(D) for the protection of minors from child of National Intelligence shall, consistent with ‘‘(F) a review of the sharing of such informa- pornography, any risk of sexual exploitation, the need to protect sources and methods, submit tion within the Federal Government to identify and serious threats to the physical safety of mi- to Congress the policies and procedures required inappropriate stovepiping of shared informa- nors, including kidnapping and trafficking and under subparagraph (A) and any updates to tion; and the investigation and prosecution of crimes in- such policies and procedures. ‘‘(G) any recommendations of the Inspector ‘‘(C) IMPLEMENTATION.—The head of each de- volving child pornography, any risk of sexual General for improvements or modifications to partment or agency of the Federal Government exploitation, and serious threats to the physical the authorities under this section. receiving cyber threat information shared with safety of minors, including kidnapping and traf- ‘‘(2) PRIVACY AND CIVIL LIBERTIES OFFICERS the Federal Government under subsection (b)(1) ficking, and any crime referred to in section REPORT.—The Civil Liberties Protection Officer shall— of the Office of the Director of National Intel- 2258A(a)(2) of title 18, United States Code. ‘‘(i) implement the policies and procedures es- FFIRMATIVE SEARCH RESTRICTION.—The ligence and the Chief Privacy and Civil Lib- ‘‘(2) A tablished under subparagraph (A); and Federal Government may not affirmatively erties Officer of the Department of Justice, in ‘‘(ii) promptly notify the Director of National consultation with the Privacy and Civil Lib- search cyber threat information shared with the Intelligence, the Attorney General, and the con- Federal Government under subsection (b) for a erties Oversight Board, the Inspector General of gressional intelligence committees of any signifi- the Intelligence Community, and the senior pri- purpose other than a purpose referred to in cant violations of such policies and procedures. vacy and civil liberties officer of each depart- paragraph (1). ‘‘(D) OVERSIGHT.—The Director of National ment or agency of the Federal Government that ‘‘(3) ANTI-TASKING RESTRICTION.—Nothing in Intelligence, in consultation with the Attorney this section shall be construed to permit the General, the Secretary of Homeland Security, receives cyber threat information shared with Federal Government to— and the Secretary of Defense, shall establish a the Federal Government under this section, ‘‘(A) require a private-sector entity or utility program to monitor and oversee compliance with shall annually and jointly submit to Congress a to share information with the Federal Govern- the policies and procedures established under report assessing the privacy and civil liberties ment; or subparagraph (A). impact of the activities conducted by the Fed- ‘‘(B) condition the sharing of cyber threat in- ‘‘(d) FEDERAL GOVERNMENT LIABILITY FOR eral Government under this section. Such report telligence with a private-sector entity or utility VIOLATIONS OF RESTRICTIONS ON THE DISCLO- shall include any recommendations the Civil on the provision of cyber threat information to SURE, USE, AND PROTECTION OF VOLUNTARILY Liberties Protection Officer and Chief Privacy the Federal Government. SHARED INFORMATION.— and Civil Liberties Officer consider appropriate ‘‘(4) PROTECTION OF SENSITIVE PERSONAL DOC- ‘‘(1) IN GENERAL.—If a department or agency to minimize or mitigate the privacy and civil lib- UMENTS.—The Federal Government may not use of the Federal Government intentionally or will- erties impact of the sharing of cyber threat in- the following information, containing informa- fully violates subsection (b)(3)(D) or subsection formation under this section. tion that identifies a person, shared with the (c) with respect to the disclosure, use, or protec- ‘‘(3) FORM.—Each report required under para- Federal Government in accordance with sub- tion of voluntarily shared cyber threat informa- graph (1) or (2) shall be submitted in unclassi- section (b) unless such information is used in tion shared under this section, the United States fied form, but may include a classified annex. accordance with the policies and procedures es- shall be liable to a person adversely affected by ‘‘(f) FEDERAL PREEMPTION.—This section su- tablished under paragraph (7): such violation in an amount equal to the sum persedes any statute of a State or political sub- ‘‘(A) Library circulation records. of— division of a State that restricts or otherwise ex- ‘‘(B) Library patron lists. ‘‘(A) the actual damages sustained by the per- pressly regulates an activity authorized under ‘‘(C) Book sales records. son as a result of the violation or $1,000, which- subsection (b). ‘‘(D) Book customer lists. ever is greater; and ‘‘(g) SAVINGS CLAUSES.—

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‘‘(1) EXISTING AUTHORITIES.—Nothing in this ‘‘(iv) efforts to gain unauthorized access to a ‘‘(9) CYBERSECURITY SYSTEM.— section shall be construed to limit any other au- system or network of a government or private ‘‘(A) IN GENERAL.—The term ‘cybersecurity thority to use a cybersecurity system or to iden- entity or utility, including to gain such unau- system’ means a system designed or employed to tify, obtain, or share cyber threat intelligence or thorized access for the purpose of exfiltrating ensure the integrity, confidentiality, or avail- cyber threat information. information stored on, processed on, or ability of, or safeguard, a system or network, in- ‘‘(2) LIMITATION ON MILITARY AND INTEL- transiting a system or network of a government cluding protecting a system or network from— LIGENCE COMMUNITY INVOLVEMENT IN PRIVATE or private entity or utility. ‘‘(i) a vulnerability of a system or network; AND PUBLIC SECTOR CYBERSECURITY EFFORTS.— ‘‘(B) EXCLUSION.—Such term does not include ‘‘(ii) a threat to the integrity, confidentiality, Nothing in this section shall be construed to information pertaining to efforts to gain unau- or availability of a system or network or any in- provide additional authority to, or modify an thorized access to a system or network of a gov- formation stored on, processed on, or transiting existing authority of, the Department of Defense ernment or private entity or utility that solely such a system or network; or the National Security Agency or any other involve violations of consumer terms of service ‘‘(iii) efforts to deny access to or degrade, dis- element of the intelligence community to con- or consumer licensing agreements and do not rupt, or destroy a system or network; or ‘‘(iv) efforts to gain unauthorized access to a trol, modify, require, or otherwise direct the cy- otherwise constitute unauthorized access. system or network, including to gain such un- bersecurity efforts of a private-sector entity or a ‘‘(5) CYBER THREAT INTELLIGENCE.— authorized access for the purpose of exfiltrating component of the Federal Government or a ‘‘(A) IN GENERAL.—The term ‘cyber threat in- State, local, or tribal government. telligence’ means intelligence in the possession information stored on, processed on, or ‘‘(3) INFORMATION SHARING RELATIONSHIPS.— of an element of the intelligence community di- transiting a system or network. ‘‘(B) EXCLUSION.—Such term does not include Nothing in this section shall be construed to— rectly pertaining to— a system designed or employed to protect a sys- ‘‘(A) limit or modify an existing information ‘‘(i) a vulnerability of a system or network of tem or network from efforts to gain unauthor- sharing relationship; a government or private entity or utility; ized access to such system or network that solely ‘‘(B) prohibit a new information sharing rela- ‘‘(ii) a threat to the integrity, confidentiality, tionship; involve violations of consumer terms of service or availability of a system or network of a gov- ‘‘(C) require a new information sharing rela- or consumer licensing agreements and do not ernment or private entity or utility or any infor- tionship between the Federal Government and a otherwise constitute unauthorized access. mation stored on, processed on, or transiting private-sector entity or utility; ‘‘(10) INTEGRITY.—The term ‘integrity’ means ‘‘(D) modify the authority of a department or such a system or network; guarding against improper information modi- ‘‘(iii) efforts to deny access to or degrade, dis- agency of the Federal Government to protect fication or destruction, including ensuring in- rupt, or destroy a system or network of a gov- sources and methods and the national security formation nonrepudiation and authenticity. of the United States; or ernment or private entity or utility; or ‘‘(11) PROTECTED ENTITY.—The term ‘protected ‘‘(E) preclude the Federal Government from ‘‘(iv) efforts to gain unauthorized access to a entity’ means an entity, other than an indi- requiring an entity to report significant cyber system or network of a government or private vidual, that contracts with a cybersecurity pro- incidents if authorized or required to do so entity or utility, including to gain such unau- vider for goods or services to be used for cyberse- under another provision of law. thorized access for the purpose of exfiltrating curity purposes. ‘‘(4) LIMITATION ON FEDERAL GOVERNMENT USE information stored on, processed on, or ‘‘(12) SELF-PROTECTED ENTITY.—The term OF CYBERSECURITY SYSTEMS.—Nothing in this transiting a system or network of a government ‘self-protected entity’ means an entity, other section shall be construed to provide additional or private entity or utility. than an individual, that provides goods or serv- authority to, or modify an existing authority of, ‘‘(B) EXCLUSION.—Such term does not include ices for cybersecurity purposes to itself. any entity to use a cybersecurity system owned intelligence pertaining to efforts to gain unau- ‘‘(13) UTILITY.—The term ‘utility’ means an or controlled by the Federal Government on a thorized access to a system or network of a gov- entity providing essential services (other than private-sector system or network to protect such ernment or private entity or utility that solely law enforcement or regulatory services), includ- private-sector system or network. involve violations of consumer terms of service ing electricity, natural gas, propane, tele- ‘‘(5) NO LIABILITY FOR NON-PARTICIPATION.— or consumer licensing agreements and do not communications, transportation, water, or Nothing in this section shall be construed to otherwise constitute unauthorized access. wastewater services.’’. subject a protected entity, self-protected entity, ‘‘(6) CYBERSECURITY CRIME.—The term ‘cyber- (b) PROCEDURES AND GUIDELINES.—The Direc- cyber security provider, or an officer, employee, security crime’ means— tor of National Intelligence shall— or agent of a protected entity, self-protected en- ‘‘(A) a crime under a Federal or State law (1) not later than 60 days after the date of the tity, or cybersecurity provider, to liability for that involves— enactment of this Act, establish procedures choosing not to engage in the voluntary activi- ‘‘(i) efforts to deny access to or degrade, dis- under paragraph (1) of section 1104(a) of the ties authorized under this section. rupt, or destroy a system or network; National Security Act of 1947, as added by sub- ‘‘(6) USE AND RETENTION OF INFORMATION.— ‘‘(ii) efforts to gain unauthorized access to a section (a) of this section, and issue guidelines Nothing in this section shall be construed to au- system or network; or under paragraph (3) of such section 1104(a); thorize, or to modify any existing authority of, ‘‘(iii) efforts to exfiltrate information from a (2) in establishing such procedures and a department or agency of the Federal Govern- system or network without authorization; or issuing such guidelines, consult with the Sec- ment to retain or use information shared pursu- ‘‘(B) the violation of a provision of Federal retary of Homeland Security to ensure that such ant to subsection (b)(1) for any use other than law relating to computer crimes, including a vio- procedures and such guidelines permit the own- a use permitted under subsection (c)(1). lation of any provision of title 18, United States ers and operators of critical infrastructure to re- ‘‘(h) DEFINITIONS.—In this section: Code, created or amended by the Computer ceive all appropriate cyber threat intelligence ‘‘(1) AVAILABILITY.—The term ‘availability’ Fraud and Abuse Act of 1986 (Public Law 99– (as defined in section 1104(h)(5) of such Act, as means ensuring timely and reliable access to 474). added by subsection (a)) in the possession of the and use of information. ‘‘(7) CYBERSECURITY PROVIDER.—The term ‘cy- Federal Government; and ‘‘(2) CERTIFIED ENTITY.—The term ‘certified bersecurity provider’ means a non-Federal enti- (3) following the establishment of such proce- entity’ means a protected entity, self-protected ty that provides goods or services intended to be dures and the issuance of such guidelines, expe- entity, or cybersecurity provider that— used for cybersecurity purposes. ‘‘(A) possesses or is eligible to obtain a secu- ditiously distribute such procedures and such ‘‘(8) CYBERSECURITY PURPOSE.— rity clearance, as determined by the Director of guidelines to appropriate departments and agen- ‘‘(A) IN GENERAL.—The term ‘cybersecurity cies of the Federal Government, private-sector National Intelligence; and purpose’ means the purpose of ensuring the in- ‘‘(B) is able to demonstrate to the Director of entities, and utilities (as defined in section tegrity, confidentiality, or availability of, or National Intelligence that such provider or such 1104(h)(13) of such Act, as added by subsection safeguarding, a system or network, including entity can appropriately protect classified cyber (a)). protecting a system or network from— threat intelligence. (c) PRIVACY AND CIVIL LIBERTIES POLICIES ‘‘(i) a vulnerability of a system or network; ‘‘(3) CONFIDENTIALITY.—The term ‘confiden- AND PROCEDURES.—Not later than 60 days after tiality’ means preserving authorized restrictions ‘‘(ii) a threat to the integrity, confidentiality, the date of the enactment of this Act, the Direc- on access and disclosure, including means for or availability of a system or network or any in- tor of National Intelligence, in consultation protecting personal privacy and proprietary information stored on, processed on, or transiting with the Secretary of Homeland Security and formation. such a system or network; the Attorney General, shall establish the policies ‘‘(4) CYBER THREAT INFORMATION.— ‘‘(iii) efforts to deny access to or degrade, dis- and procedures required under section ‘‘(A) IN GENERAL.—The term ‘cyber threat in- rupt, or destroy a system or network; or 1104(c)(7)(A) of the National Security Act of formation’ means information directly per- ‘‘(iv) efforts to gain unauthorized access to a 1947, as added by subsection (a) of this section. taining to— system or network, including to gain such un- (d) INITIAL REPORTS.—The first reports re- ‘‘(i) a vulnerability of a system or network of authorized access for the purpose of exfiltrating quired to be submitted under paragraphs (1) and a government or private entity or utility; information stored on, processed on, or (2) of subsection (e) of section 1104 of the Na- ‘‘(ii) a threat to the integrity, confidentiality, transiting a system or network. tional Security Act of 1947, as added by sub- or availability of a system or network of a gov- ‘‘(B) EXCLUSION.—Such term does not include section (a) of this section, shall be submitted not ernment or private entity or utility or any infor- the purpose of protecting a system or network later than 1 year after the date of the enactment mation stored on, processed on, or transiting from efforts to gain unauthorized access to such of this Act. such a system or network; system or network that solely involve violations (e) TABLE OF CONTENTS AMENDMENT.—The ‘‘(iii) efforts to deny access to or degrade, dis- of consumer terms of service or consumer licens- table of contents in the first section of the Na- rupt, or destroy a system or network of a gov- ing agreements and do not otherwise constitute tional Security Act of 1947 is amended by adding ernment or private entity or utility; or unauthorized access. at the end the following new item:

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A17AP7.010 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2100 CONGRESSIONAL RECORD — HOUSE April 17, 2013 ‘‘Sec. 1104. Cyber threat intelligence and in- I yield back the balance of my time. In this particular instance, I believe formation sharing.’’. Mr. ROGERS of Michigan. I yield the concerns raised over the potential SEC. 3. SUNSET. back the balance of my time. unintentional consequences from Effective on the date that is 5 years after the The CHAIR. The question is on the vagueness are real, valid, and ought to date of the enactment of this Act— amendment offered by the gentleman be addressed. I also believe it’s a false (1) section 1104 of the National Security Act of from Michigan (Mr. ROGERS). 1947, as added by section 2(a) of this Act, is re- choice that we must somehow choose pealed; and The question was taken; and the between effective cybersecurity initia- (2) the table of contents in the first section of Chair announced that the ayes ap- tives on the one hand and preserving the National Security Act of 1947, as amended peared to have it. the sacred civil liberties and privacy by section 2(d) of this Act, is amended by strik- Mr. ROGERS of Michigan. Madam rights we hold so dear as a Nation on ing the item relating to section 1104, as added by Chair, I demand a recorded vote. the other. In many cases, defining or such section 2(d). The CHAIR. Pursuant to clause 6 of limiting the scope of authority would The CHAIR. No amendment to that rule XVIII, further proceedings on the go a long way toward addressing the amendment in the nature of a sub- amendment offered by the gentleman privacy concerns that have been raised stitute shall be in order except those from Michigan will be postponed. with respect to this legislation. printed in House Report 113–41. Each AMENDMENT NO. 2 OFFERED BY MR. CONNOLLY To be clear, I want to recognize that such amendment may be offered only The CHAIR. It is now in order to con- the sponsors of CISPA have already en- in the order printed in the report, by a sider amendment No. 2 printed in gaged in good faith efforts to incor- Member designated in the report, shall House Report 113–41. porate and address outstanding con- be considered as read, shall be debat- Mr. CONNOLLY. Madam Chair- cerns with respect to the legislation able for the time specified in the report woman, I have an amendment at the that were held by the administration equally divided and controlled by the desk. and other stakeholders, and I think proponent and an opponent, shall not The CHAIR. The Clerk will designate that needs to be recognized. be subject to amendment, and shall not the amendment. On that note, I am pleased that my be subject to a demand for division of The text of the amendment is as fol- amendment that was made in order the question. lows: represents a straightforward improve- AMENDMENT NO. 1 OFFERED BY MR. ROGERS OF Page 2, line 15, strike ‘‘and’’. ment, I hope, to CISPA that’s con- MICHIGAN Page 2, line 18, strike the period and insert sistent with the sponsor’s stated com- The CHAIR. It is now in order to con- ‘‘; and’’. mitment to enhancing cybersecurity, sider amendment No. 1 printed in Page 2, after line 18, insert the following: safeguarding privacy rights and civil House Report 113–41. ‘‘(D) used, retained, or further disclosed by liberties, and ensuring oversight of ac- Mr. ROGERS of Michigan. Madam a certified entity for cybersecurity pur- tivity. The amendment simply estab- poses.’’. Chair, I have an amendment at the lishes that, with respect to CISPA’s re- desk. The CHAIR. Pursuant to House Reso- quirements, the DNI establish proce- The CHAIR. The Clerk will designate lution 164, the gentleman from Virginia dures to govern the sharing of classi- the amendment. (Mr. CONNOLLY) and a Member opposed fied cyber threat intelligence—that The text of the amendment is as fol- each will control 5 minutes. this classified cyber threat intelligence lows: The Chair recognizes the gentleman may only be used, retained, or further Page 12, beginning line 15, strike ‘‘unless from Virginia. such information is used in accordance with disclosed by a certified entity for cy- Mr. CONNOLLY. Madam Chair- bersecurity purposes. the policies and procedures established under woman, this amendment represents a paragraph (7)’’. As noted by the ACLU in its state- commonsense improvement to H.R. 624, The CHAIR. Pursuant to House Reso- ment of support for the amendment, which I support, that simply narrows it’s consistent with similar restrictions lution 164, the gentleman from Michi- the scope of the authorization for the gan (Mr. ROGERS) and a Member op- limiting the scope of other information intelligence community to share clas- sharing activities addressed in other posed each will control 5 minutes. sified—I stress, classified—cyber threat The Chair recognizes the gentleman parts of the bill. The straightforward intelligence with private sector enti- from Michigan. enhancement will be one of many need- Mr. ROGERS of Michigan. I offer this ties and utilities. ed improvements to the bill that will amendment to ensure that library As my colleagues are aware, the ad- ensure it is a targeted, well-defined bill records, firearm sales records, medical ministration and some leading voices that directly—and only—strengthens records, and tax returns are not in- from the civil liberties and privacy our national cybersecurity. cluded in any information voluntarily rights communities have raised serious With that, I reserve the balance of shared with the government under concerns with CISPA as reported out of my time. CISPA. Though the underlying bill the Permanent Select Committee on Mr. ROGERS of Michigan. Madam would not permit this information un- Intelligence. These concerns revolve Chair, while I do not oppose the amend- less it was cyber threat information, I around the fact that many provisions ment, I ask unanimous consent to will support this amendment, as it is a of CISPA are perhaps perceived as claim the time in opposition. clarification amendment that settles overly vague, or outright silent, with The CHAIR. Without objection, the some Members’ concerns and reflects respect to limiting the scope of infor- gentleman is recognized for 5 minutes. an amendment that was passed last mation sharing and mitigating the risk Mr. ROGERS of Michigan. Madam year overwhelmingly. of unintended consequences. Chair, I do not oppose this amendment, With that, Madam Chair, I urge this For example, section 2 of CISPA, ti- which clarifies that classified intel- body’s support of this clarification tled ‘‘Cyber Threat Intelligence and In- ligence shared by the government with amendment, and I reserve the balance formation Sharing,’’ is silent on what a certified cybersecurity entity may of my time. specific purposes classified cyber only be used, retained, or further dis- Mr. RUPPERSBERGER. Madam threat intelligence may be used, re- closed for cybersecurity purposes. The Chair, I rise to claim the time in oppo- tained, or further disclosed by a cer- amendment is consistent with lan- sition, even though I am not opposed. tified entity. As reported, section 2 guage that is already in the bill requir- The CHAIR. Without objection, the only requires that the DNI’s procedures ing the DNI, the Director of National gentleman from Maryland is recog- governing the sharing of classified Intelligence, to ensure that such classi- nized for 5 minutes. cyber threat intelligence between the fied information is carefully protected. There was no objection. intelligence community and private I appreciate the gentleman’s working Mr. RUPPERSBERGER. I support sector entities be ‘‘consistent with the with us and the ACLU to find an Chairman ROGERS’ amendment to need to protect the national security of amendment that we could all agree on. make a technical change to correct our the United States’’ and used by cer- I do not oppose this further clarifica- personal records provision and retain tified entities ‘‘in a manner which pro- tion and would urge support by this the privacy protections that we had in tects cyber threat intelligence from body of the amendment. our bill upon the introduction. unauthorized disclosure.’’ I reserve the balance of my time.

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.010 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2101 Mr. CONNOLLY. I would inquire of Mr. ROGERS of Michigan. Madam function. They facilitate nearly every the Chair how much time is remaining. Chair, I demand a recorded vote. aspect of our daily lives. These net- The CHAIR. The gentleman from Vir- The CHAIR. Pursuant to clause 6 of works must be protected as best and ginia has 2 minutes remaining. rule XVIII, further proceedings on the responsibly as possible. Mr. CONNOLLY. Madam Chair- amendment offered by the gentleman I urge my colleagues to support both woman, I yield 1 minute to the distin- from Virginia will be postponed. my amendment and final passage of guished ranking member of the com- AMENDMENT NO. 3 OFFERED BY MR. SCHNEIDER this critically important bill. mittee, the gentleman from Maryland The CHAIR. It is now in order to con- I reserve the balance of my time. (Mr. RUPPERSBERGER). sider amendment No. 3 printed in Mr. ROGERS of Michigan. Madam Chairman, while I do not oppose the b 1540 House Report 113–41. Mr. SCHNEIDER. Madam Chairman, amendment, I ask unanimous consent Mr. RUPPERSBERGER. I thank the I have an amendment at the desk. to control the time in opposition. gentleman for yielding. The CHAIR. The Clerk will designate The CHAIR. Without objection, the This amendment increases the pri- the amendment. gentleman is recognized for 5 minutes. vacy and civil liberties protections in The text of the amendment is as fol- There was no objection. our bill; therefore, I urge a ‘‘yes’’ on lows: Mr. ROGERS of Michigan. Madam Congressman CONNOLLY’s amendment. Page 3, beginning on line 2, strike ‘‘em- Chairman, I will support the clarifica- Mr. ROGERS of Michigan. I continue ployee or officer’’ and insert ‘‘employee, tion in this amendment. to reserve the balance of my time. independent contractor, or officer’’. The amendment clarifies that inde- Mr. CONNOLLY. Madam Chair- The CHAIR. Pursuant to House Reso- pendent contractors are eligible to re- woman, I yield 1 minute to my distin- lution 164, the gentleman from Illinois ceive security clearances to handle guished colleague and our friend from (Mr. SCHNEIDER) and a Member opposed cyber threat intelligence and cyber Georgia (Mr. JOHNSON). each will control 5 minutes. threat information shared under the Mr. JOHNSON of Georgia. Madam The Chair recognizes the gentleman bill, an important clarification amend- Chair, I rise in support of this amend- from Illinois. ment. ment. Mr. SCHNEIDER. Every day, U.S. I appreciate the gentleman’s work I would also argue that, in addition Web sites, databases, and operating and effort in offering this amendment; to it being vague, it’s also overbroad in networks are threatened by foreign And because the bill was not intended that it includes investigations for child governments, criminal organizations, to exclude independent contractors, I pornography and child abductions and and other groups trying to hack into will support this important clarifica- computer crimes. This means that our systems and wreak havoc. tion and would reserve the balance of under CISPA, the NSA could share Daily we read about infiltrations of my time. data with law enforcement to inves- the networks of our banks, newspapers, Mr. SCHNEIDER. I yield such time tigate computer crimes, which is so and even Federal agencies putting sen- as he may consume to the gentleman broad and includes even lying about sitive information at risk. These cyber from California (Mr. SCHIFF). your age on your Facebook page. Are attacks are real, and they can have Mr. SCHIFF. I thank the gentleman these really cyber threats that this bill devastating consequences: billions of for yielding, and I rise in opposition to claims to fix? We must defend against dollars a year in stolen intellectual the overall measure. cyber attacks while protecting the lib- property and the potential to shut There are three concerns that have erties and privacy of Americans. down our power grids and financial sys- been raised by the administration Mr. ROGERS of Michigan. Madam tems. The Cyber Intelligence Sharing about this bill that I share. Chair, I yield myself such time as I and Protection Act gives the private The first is that it does not include a may consume to clarify that this sector the necessary tools to protect provision requiring the private sector doesn’t call for investigations of those itself and its customers against these to make reasonable efforts to remove crimes based on this material, but only cyber attacks. personal information before they share protection of the individuals that Currently, the intelligence commu- it with each other or before they share may—and I want to stress ‘‘may,’’ be- nity has the ability to detect cyber it with the government. This is a bed- cause, again, the PII, the personal threats, but Federal law prohibits the rock necessity for those who are con- identifying information, is stripped sharing of this information with the cerned about the privacy of Americans clean. But in some rare, rare cases, you very companies whose firewalls are who may be implicated in this cyber might find that you have located the under attack. By sharing this informa- sharing. child who has been subjugated to child tion, private companies can actually Second, it’s very important that a ci- pornography. In those cases, you don’t prevent these attacks. vilian agency, like the Department of want to throw that away. There are The amendment I’m offering makes a Homeland Security, be the main in- parents out there begging for us to find small, clarifying change to the under- take—really, the sole intake—for this this child. It’s very rare, it’s excep- lying bill, simply allowing independent domestic data. tional, doesn’t happen often, but in contractors to be eligible for security There was one form of amendment of- that very rare case—and, remember, clearances to perform the critical work fered in Rules to try to address this there’s no personally identifiable infor- of handling cyber threat intelligence. problem yesterday, yet another form of mation. It would allow for the protec- This clarification will allow compa- that amendment that was ultimately tion, not investigation. nies—in particular, small and medium- adopted by Rules, and yet a third form I reserve the balance of my time. sized businesses without the resources of that amendment that was adopted Mr. CONNOLLY. Madam Chair- to employ full-time experts—to hire here this morning. None of us know ex- woman, I just want to thank the distin- the most capable individuals and orga- actly what it does because it has been guished chairman and the distin- nizations to analyze network informa- a moving object. But it is very unclear guished ranking member of the com- tion, coordinate with the Federal Gov- whether this amendment would make a mittee for their leadership and for ernment, and protect ordinary Ameri- civilian agency, such as DHS, the sole their cooperation, and I yield back the cans. intake for this domestic data. It should balance of my time. We cannot allow ourselves to be in a not be a military agency. We shouldn’t Mr. ROGERS of Michigan. Madam situation where the Federal Govern- have the private sector interacting di- Chair, I yield back the balance of my ment has available the information to rectly with a military agency when it time. prevent or mitigate a cyber attack, but comes to domestic data that may in- The CHAIR. The question is on the companies remain defenseless because volve the privacy of the American peo- amendment offered by the gentleman there was no legal framework to share ple. from Virginia (Mr. CONNOLLY). that critical information. Finally, the immunity provisions are The question was taken; and the The networks at risk power our very broad and need to be reined in so Chair announced that the ayes ap- homes, our small businesses, and are as to encourage the private sector to peared to have it. what allow our banking systems to take reasonable steps to make sure it

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.050 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2102 CONGRESSIONAL RECORD — HOUSE April 17, 2013 does not compromise privacy interests sixth of our economy. Keep the govern- more utilities to receive the protec- when it is not necessary to do so to ment out of it. tions built into our bill. In doing so, it protect cybersecurity. That’s what we decided to do. We also makes the language consistent Those three issues still must be ad- came to a very sensible place that pro- with the preemption provision in the dressed. tects that PII, that personal identi- bill. I want to compliment the chairman fying information, and allows the gov- If not amended, this legislation could and the ranking member for the work ernment to stay out of regulating the subject utility districts to additional they have done. They have made a very Internet. requirements if they share threat in- good-faith effort to make progress on I think that’s the right prudent formation, effectively creating a deter- many of these issues and in fact have course. I think most Americans are rent to participation—precisely what made progress, but the bill still falls with us. Certainly the broad specter of we want to avoid. We know that myr- short and I must urge a ‘‘no’’ vote. industries who have joined this, from iad threats are arrayed against the net- Mr. SCHNEIDER. Madam Chairman, the high-tech industry to the financial works that run our critical infrastruc- may I inquire as to how much time I services to manufacturing, have said, ture, and we must ensure that the util- have remaining. This is the right way to go. You stay ities, which are the front lines in the The CHAIR. The gentleman from Illi- out of our business. We’ll share with cybersecurity fight, are properly pro- nois has 2 minutes remaining. you when we’re victims of a crime. tected. I have long advocated for minimum Mr. SCHNEIDER. I yield such time With that, I reserve the balance of standards for utilities, but absent such as he may consume to the ranking my time. standards, I believe that we have to member. Mr. SCHNEIDER. Madam Chairman, make sure that as many utilities as Mr. RUPPERSBERGER. Madam I just want to thank the ranking mem- possible have access to the best pos- Chair, our bill now enables companies ber and the chairman for the way you sible information to defend their net- have approached this in a bipartisan ef- and the government to have the option works and are able to share informa- fort, and I yield back the balance of my to hire independent contractors to han- tion about the attacks that they expe- dle cyber threat information. It helps time. rience. bring talented people into our cyberse- Mr. ROGERS of Michigan. I yield This is an important bill overall. I curity workforce; it provides jobs; it is back the balance of my time. really do want to applaud, again, good for our economy; and it is good The CHAIR. The question is on the Chairman ROGERS and Ranking Mem- for our national security. Therefore, I amendment offered by the gentleman ber RUPPERSBERGER for their out- urge a ‘‘yes’’ vote on this amendment. from Illinois (Mr. SCHNEIDER). standing work on the underlying bill. I also want to acknowledge Congress- The amendment was agreed to. Obviously, the challenges of the man SCHNEIDER for his involvement in AMENDMENT NO. 4 OFFERED BY MR. LANGEVIN threats that we face in cyberspace are this issue. The CHAIR. It is now in order to con- growing exponentially every day. It Mr. SCHNEIDER. I reserve the bal- sider amendment No. 4 printed in seems like there’s not a week that goes ance of my time. House Report 113–41. by that you don’t hear of a new major Mr. ROGERS of Michigan. I yield Mr. LANGEVIN. Madam Chair, I rise attack on the critical infrastructure myself such time as I may consume. to offer an amendment, No. 35, listed as or, in particular, our banking system I just want to address my friend from No. 4 in the rule. or major corporations with intellectual California, who is a thoughtful member The CHAIR. The Clerk will designate property theft, and obviously we have of the intelligence community. the amendment. got to take action and do so now. Fail- This is a position that much has been The text of the amendment is as fol- ure to do so would be a great abdica- debated about: Should the government lows: tion of our responsibility. regulate into the private sector their Page 8, line 16, strike ‘‘a State, local, or I’m disappointed the bill didn’t pass use of the Internet? I argue that is a tribal law or regulation’’ and insert ‘‘a law last year. I know how hard the chair- dangerous place to go. They will have or regulation of a State, political subdivision man and ranking member worked on to promulgate rules; they will have to of a State, or a tribe’’. this legislation, but clearly our adver- set what reasonable standards are; The CHAIR. Pursuant to House Reso- saries, or enemies, have not taken a hi- they will have to determine what the lution 164, the gentleman from Rhode atus. They are actively engaged in private sector does on the Internet. Island (Mr. LANGEVIN) and a Member cyber attacks or threats of intellectual That’s government in the Internet. One opposed each will control 5 minutes. property or identity theft, and the list of the things that we decided to avoid The Chair recognizes the gentleman goes on and on. in this bill was not to make that man- from Rhode Island. The underlying bill is a major step forward in protecting our cyber net- date, the burden to make sure that no Mr. LANGEVIN. Madam Chair, I works, allowing classified information PII, personal identifying information, yield myself such time as I may con- to be shared with the private sector, al- is mandated in this bill; and it’s sume. lowing threat information to be shared stripped out at the place where the My amendment ensures that utility districts are not unnecessarily and un- back with the government to give burden should be: on the government. broader situation awareness, as well as To make sure it happens, we have four intentionally limited from protecting their own information and ultimately information sharing between both in different layers of oversight built in the private sector among companies. just to make sure what we say that will lead to a broader and more effective information sharing structure, So, again, the underlying bill is a they’re supposed to do according to the major step forward. I believe this leading to better cybersecurity across law, they follow the law—four levels of amendment that I’m offering makes all critical infrastructure. Specifically, review. the bill even better for making sure the amendment replaces the word that broader utilities are included in b 1550 ‘‘local,’’ which is typically interpreted allowing for information sharing. We shouldn’t put the burden on the to mean city, town, and county by the I urge my colleagues to support this victims. We don’t do it if somebody courts. commonsense amendment and the un- sticks a gun in your face on the street Such a definition, I believe, could po- derlying legislation, and I reserve the or robs the bank or robs your home. tentially leave out special districts balance of my time. What’s the difference if they’re robbing that provide utility services, like the Mr. ROGERS of Michigan. Madam your Internet or stealing your blue- Salt River Project, the Central Arizona Chair, while I do not oppose the amend- prints that steals American jobs? The Project, the Metropolitan Water Dis- ment, I ask unanimous consent to con- difference? There is none. Theft is trict of Southern California, and other trol the time in opposition. theft. smaller special districts. The CHAIR. Without objection, the Let us not move to get the govern- My amendment, Madam Chair, which gentleman is recognized for 5 minutes. ment into regulating. Aspects of the is supported by the American Public Mr. ROGERS of Michigan. Madam Internet between private to private has Power Association, changes the bill to Chair, I yield myself such time as I been the explosion of growth in one- read, ‘‘political subdivision,’’ allowing may consume.

VerDate Mar 15 2010 03:14 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.053 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2103 I want to thank the gentleman from With that, I urge my colleagues to intelligence community and cybersecu- Rhode Island (Mr. LANGEVIN), who has support the amendment, and I yield rity entities, and for other purposes, been a tremendous leader on cybersecu- back the balance of my time. with Mr. MARCHANT (Acting Chair) in rity efforts on the Intelligence Com- Mr. ROGERS of Michigan. I yield the chair. mittee. Much of our work there is clas- back the balance of my time. The Clerk read the title of the bill. sified and it goes unnoticed, and right- The CHAIR. The question is on the The Acting CHAIR. When the Com- ly so. I think it would be wrong for us amendment offered by the gentleman mittee of the Whole rose earlier today, not to commend in public your great from Rhode Island (Mr. LANGEVIN). a request for a recorded vote on amend- leadership and efforts and work with us The question was taken; and the ment No. 4 printed in House Report to try to make sure that this bill does Chair announced that the ayes ap- 113–41 offered by the gentleman from what we say we want it to do. It has peared to have it. Rhode Island (Mr. LANGEVIN) had been been a great privilege and pleasure to Mr. ROGERS of Michigan. Madam postponed. work with you throughout that proc- Chair, I demand a recorded vote. Pursuant to clause 6 of rule XVIII, ess, and without that leadership, we The CHAIR. Pursuant to clause 6 of proceedings will now resume on those wouldn’t be standing on the floor rule XVIII, further proceedings on the amendments printed in House Report today. I want to thank the gentleman amendment offered by the gentleman 113–41 on which further proceedings for that. from Rhode Island will be postponed. were postponed, in the following order: I will support the amendment, which b 1600 Amendment No. 1 by Mr. ROGERS of clarifies that entities located across Michigan. Mr. ROGERS of Michigan. Madam multiple localities are intended to be Amendment No. 2 by Mr. CONNOLLY covered by provisions in the bill ex- Chair, I move that the Committee do of Virginia. now rise. empting information shared under the Amendment No. 4 by Mr. LANGEVIN of The motion was agreed to. bill from certain disclosures otherwise Rhode Island. Accordingly, the Committee rose; required of public or quasi-public enti- The Chair will reduce to 2 minutes and the Speaker pro tempore (Mr. ties. The amendment replaces the term the minimum time for any electronic MARCHANT) having assumed the chair, ‘‘local’’ with ‘‘political subdivision.’’ vote after the first vote in this series. Because there is no intention to ex- Ms. ROS-LEHTINEN, Chair of the Com- clude such entities, this is intended as mittee of the Whole House on the state AMENDMENT NO. 1 OFFERED BY MR. ROGERS OF MICHIGAN a clarification, an important clarifica- of the Union, reported that that Com- tion, and I will gladly support the mittee, having had under consideration The Acting CHAIR. The unfinished amendment, and again thank the gen- the bill (H.R. 624) to provide for the business is the demand for a recorded tleman for his work on the totality of sharing of certain cyber threat intel- vote on the amendment offered by the both national security issues and cy- ligence and cyber threat information gentleman from Michigan (Mr. ROGERS) bersecurity. between the intelligence community on which further proceedings were I reserve the balance of my time. and cybersecurity entities, and for postponed and on which the ayes pre- Mr. LANGEVIN. Madam Chair, I other purposes, had come to no resolu- vailed by voice vote. yield such time as he may consume to tion thereon. The Clerk will redesignate the amendment. the ranking member of the Intelligence f Committee, the gentleman from Mary- The Clerk redesignated the amend- land (Mr. RUPPERSBERGER). RECESS ment. Mr. RUPPERSBERGER. I thank the The SPEAKER pro tempore. Pursu- RECORDED VOTE gentleman for yielding. ant to clause 12(a) of rule I, the Chair The Acting CHAIR. A recorded vote Madam Chair, first, I want to agree declares the House in recess subject to has been demanded. with our chairman, and I said it before, the call of the Chair. A recorded vote was ordered. that you have been one of the key play- Accordingly (at 4 o’clock and 1 The vote was taken by electronic de- ers in developing legislation to protect minute p.m.), the House stood in re- vice, and there were—ayes 418, noes 0, our country. From the beginning, when cess. not voting 14, as follows: those of us started working on this f [Roll No. 110] issue, probably 2006, you were there. AYES—418 You have a tremendous amount of ex- b 1630 pertise. You have been a great adviser Aderholt Bucshon Cook AFTER RECESS Alexander Burgess Cooper to all of us, and also not only the Intel- Amash Bustos Costa ligence Committee, but the Armed The recess having expired, the House Amodei Butterfield Cotton Services Committee, and I appreciate was called to order by the Speaker pro Andrews Calvert Courtney tempore (Mr. HARRIS) at 4 o’clock and Bachus Camp Cramer all your work. Barber Campbell Crawford I also support your amendment to in- 30 minutes p.m. Barletta Cantor Crenshaw clude political subdivisions within the f Barr Capito Crowley information, use, and protection re- Barrow (GA) Capps Cuellar Barton Capuano Culberson quirements in our bill. Your amend- CYBER INTELLIGENCE SHARING AND PROTECTION ACT Bass Ca´ rdenas Cummings ment ensures that utility districts are Beatty Carney Daines not unnecessarily and unintentionally The SPEAKER pro tempore. Pursu- Becerra Carson (IN) Davis (CA) ant to House Resolution 164 and rule Benishek Carter Davis, Danny limited from protecting their own in- Bentivolio Cartwright Davis, Rodney formation. XVIII, the Chair declares the House in Bera (CA) Cassidy DeFazio Therefore, I urge a ‘‘yes’’ vote on the Committee of the Whole House on Bilirakis Castor (FL) DeGette your amendment. the state of the Union for the further Bishop (GA) Castro (TX) Delaney Bishop (NY) Chabot DeLauro Mr. LANGEVIN. Madam Chair, be- consideration of the bill, H.R. 624. Bishop (UT) Chaffetz DelBene fore I close, I just wanted to thank, Will the gentleman from Texas (Mr. Black Chu Denham again, the chairman and the ranking MARCHANT) kindly take the chair. Blumenauer Cicilline Dent member for their comments, but, more Bonamici Clarke DeSantis b 1631 Bonner Clay DesJarlais importantly, their extraordinary col- Boustany Cleaver Deutch laborative work in trying to protect IN THE COMMITTEE OF THE WHOLE Brady (PA) Clyburn Diaz-Balart our Nation’s cybersecurity. The work Accordingly, the House resolved Brady (TX) Coble Dingell Braley (IA) Coffman Doggett that they did in putting this legisla- itself into the Committee of the Whole Bridenstine Cohen Doyle tion together, it is a real service to the House on the state of the Union for the Brooks (AL) Cole Duckworth country what you have done, and I am further consideration of the bill (H.R. Brooks (IN) Collins (GA) Duffy grateful to have played a part in it 624) to provide for the sharing of cer- Broun (GA) Collins (NY) Duncan (SC) Brown (FL) Conaway Duncan (TN) with you, and thank you for your tain cyber threat intelligence and Brownley (CA) Connolly Edwards friendship. cyber threat information between the Buchanan Conyers Ellison

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.057 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2104 CONGRESSIONAL RECORD — HOUSE April 17, 2013 Ellmers LaMalfa Price (NC) Weber (TX) Wilson (FL) Yoder Forbes LoBiondo Roby Engel Lamborn Quigley Webster (FL) Wilson (SC) Yoho Fortenberry Loebsack Roe (TN) Enyart Lance Radel Welch Wittman Young (AK) Foster Lofgren Rogers (AL) Eshoo Langevin Rahall Wenstrup Wolf Young (FL) Foxx Long Rogers (KY) Esty Lankford Rangel Westmoreland Womack Young (IN) Frankel (FL) Lowenthal Rogers (MI) Farenthold Larsen (WA) Reed Whitfield Woodall Franks (AZ) Lowey Rohrabacher Farr Larson (CT) Reichert Williams Yarmuth Frelinghuysen Lucas Rokita Fattah Latham Renacci Fudge Luetkemeyer Rooney Fincher Latta Ribble NOT VOTING—14 Gabbard Lujan Grisham Ros-Lehtinen Fitzpatrick Lee (CA) Rice (SC) Bachmann Kennedy Nugent Gallego (NM) Roskam Fleischmann Levin Richmond Blackburn Lynch Rush Garamendi Luja´ n, Ben Ray Ross Fleming Lewis Rigell Green, Gene Markey Shimkus Garcia (NM) Rothfus Flores Lipinski Roby Holding Miller, Gary Tsongas Gardner Lummis Roybal-Allard Forbes LoBiondo Roe (TN) Jackson Lee Moore Garrett Maffei Royce Fortenberry Loebsack Rogers (AL) Gerlach Maloney, Ruiz Foster Lofgren Rogers (KY) Gibbs Carolyn Runyan Foxx Long Rogers (MI) b 1656 Gibson Maloney, Sean Ruppersberger Frankel (FL) Lowenthal Rohrabacher Mrs. LOWEY and Mr. RANGEL Gingrey (GA) Marchant Ryan (OH) Franks (AZ) Lowey Rokita Gohmert Marino Ryan (WI) Frelinghuysen Lucas Rooney changed their vote from ‘‘no’’ to ‘‘aye.’’ Goodlatte Massie Salmon Fudge Luetkemeyer Ros-Lehtinen So the amendment was agreed to. Gosar Matheson Sa´ nchez, Linda Gabbard Lujan Grisham Roskam The result of the vote was announced Gowdy Matsui T. Gallego (NM) Ross as above recorded. Granger McCarthy (CA) Sanchez, Loretta Garamendi Luja´ n, Ben Ray Rothfus Graves (MO) McCarthy (NY) Sarbanes Garcia (NM) Roybal-Allard Stated for: Grayson McCaul Scalise Gardner Lummis Royce Mr. GENE GREEN of Texas. Mr. Chair, on Green, Al McClintock Schakowsky Garrett Maffei Ruiz rollcall No. 110, had I been present, I would Green, Gene McCollum Schiff Gerlach Maloney, Runyan have voted ‘‘aye.’’ Griffin (AR) McDermott Schneider Gibbs Carolyn Ruppersberger Griffith (VA) McGovern Schock Gibson Maloney, Sean Ryan (OH) AMENDMENT NO. 2 OFFERED BY MR. CONNOLLY Grijalva McHenry Schrader Gingrey (GA) Marchant Ryan (WI) The Acting CHAIR. The unfinished Grimm McIntyre Schwartz Gohmert Marino Salmon Guthrie McKeon Schweikert Goodlatte Massie Sa´ nchez, Linda business is the demand for a recorded Gutierrez McKinley Scott (VA) Gosar Matheson T. vote on the amendment offered by the Hahn McMorris Scott, Austin Gowdy Matsui Sanchez, Loretta gentleman from Virginia (Mr. CON- Hall Rodgers Scott, David Granger McCarthy (CA) Sarbanes NOLLY) on which further proceedings Hanabusa McNerney Sensenbrenner Graves (GA) McCarthy (NY) Scalise Hanna Meadows Serrano Graves (MO) McCaul Schakowsky were postponed and on which the ayes Harper Meehan Sessions Grayson McClintock Schiff prevailed by voice vote. Harris Meeks Sewell (AL) Green, Al McCollum Schneider The Clerk will redesignate the Hartzler Meng Shea-Porter Griffin (AR) McDermott Schock amendment. Hastings (FL) Messer Sherman Griffith (VA) McGovern Schrader Hastings (WA) Mica Shuster Grijalva McHenry Schwartz The Clerk redesignated the amend- Heck (NV) Michaud Simpson Grimm McIntyre Schweikert ment. Heck (WA) Miller (FL) Sinema McKeon Miller (MI) Guthrie Scott (VA) RECORDED VOTE Hensarling Sires Gutierrez McKinley Scott, Austin Herrera Beutler Miller, George Slaughter Hahn McMorris Scott, David The Acting CHAIR. A recorded vote Higgins Moore Smith (NE) Hall Rodgers Sensenbrenner has been demanded. Himes Moran Smith (NJ) Hanabusa McNerney Serrano A recorded vote was ordered. Hinojosa Mullin Smith (TX) Hanna Meadows Sessions Holt Mulvaney Smith (WA) Harper Meehan Sewell (AL) The Acting CHAIR. This will be a 2- Honda Murphy (FL) Southerland Harris Meeks Shea-Porter minute vote. Horsford Murphy (PA) Speier Hartzler Meng Sherman The vote was taken by electronic de- Hoyer Nadler Stewart Hastings (FL) Messer Shuster vice, and there were—ayes 418, noes 0, Hudson Napolitano Stivers Hastings (WA) Mica Simpson Huelskamp Neal Stockman Heck (NV) Michaud Sinema not voting 14, as follows: Huffman Negrete McLeod Stutzman Heck (WA) Miller (FL) Sires [Roll No. 111] Huizenga (MI) Neugebauer Swalwell (CA) Hensarling Miller (MI) Slaughter Hultgren Noem Takano Herrera Beutler Miller, George Smith (NE) AYES—418 Hunter Nolan Terry Higgins Moran Smith (NJ) Aderholt Camp Cuellar Hurt Nunes Thompson (CA) Himes Mullin Smith (TX) Alexander Campbell Culberson Israel Nunnelee Thompson (MS) Hinojosa Mulvaney Smith (WA) Amash Cantor Cummings Issa O’Rourke Thompson (PA) Holt Murphy (FL) Southerland Amodei Capito Daines Jeffries Olson Thornberry Honda Murphy (PA) Speier Andrews Capps Davis (CA) Jenkins Owens Tiberi Horsford Nadler Stewart Bachus Capuano Davis, Danny Johnson (GA) Palazzo Tierney Hoyer Napolitano Stivers Barber Ca´ rdenas Davis, Rodney Johnson (OH) Pallone Tipton Hudson Neal Stockman Barletta Carney DeFazio Johnson, E. B. Pascrell Titus Huelskamp Negrete McLeod Stutzman Barr Carson (IN) DeGette Johnson, Sam Pastor (AZ) Tonko Huffman Neugebauer Swalwell (CA) Barrow (GA) Carter Delaney Jones Paulsen Turner Huizenga (MI) Noem Takano Barton Cartwright DeLauro Jordan Payne Upton Hultgren Nolan Terry Bass Cassidy DelBene Joyce Pearce Valadao Hunter Nunes Thompson (CA) Beatty Castor (FL) Denham Kaptur Pelosi Van Hollen Hurt Nunnelee Thompson (MS) Becerra Castro (TX) Dent Keating Perlmutter Vargas Israel O’Rourke Thompson (PA) Benishek Chabot DeSantis Kelly (IL) Perry Veasey Issa Olson Thornberry Bentivolio Chaffetz DesJarlais Kelly (PA) Peters (CA) Vela Jeffries Owens Tiberi Bera (CA) Chu Deutch Kildee Peters (MI) Vela´ zquez Jenkins Palazzo Tierney Bilirakis Cicilline Diaz-Balart Kilmer Peterson Visclosky Johnson (GA) Pallone Tipton Bishop (GA) Clarke Dingell Kind Petri Wagner Johnson (OH) Pascrell Titus Bishop (NY) Clay Doggett King (IA) Pingree (ME) Walberg Johnson, E. B. Pastor (AZ) Tonko Black Cleaver Doyle King (NY) Pittenger Walden Johnson, Sam Paulsen Turner Blumenauer Clyburn Duckworth Kingston Pitts Walorski Jones Payne Upton Bonamici Coble Duffy Kinzinger (IL) Pocan Walz Jordan Pearce Valadao Bonner Coffman Duncan (SC) Kirkpatrick Poe (TX) Wasserman Joyce Pelosi Van Hollen Boustany Cohen Duncan (TN) Kline Polis Schultz Kaptur Perlmutter Vargas Brady (PA) Cole Edwards Kuster Pompeo Waters Keating Perry Veasey Brady (TX) Collins (GA) Ellison Labrador Posey Watt Kelly (IL) Peters (CA) Vela Braley (IA) Collins (NY) Ellmers LaMalfa Price (GA) Waxman Kelly (PA) Peters (MI) Vela´ zquez Bridenstine Conaway Engel Lamborn Price (NC) Weber (TX) Kildee Peterson Visclosky Brooks (AL) Connolly Enyart Lance Quigley Webster (FL) Kilmer Petri Wagner Brooks (IN) Conyers Eshoo Langevin Radel Welch Kind Pingree (ME) Walberg Broun (GA) Cook Esty Lankford Rahall Wenstrup King (IA) Pittenger Walden Brown (FL) Cooper Farenthold Larsen (WA) Rangel Westmoreland King (NY) Pitts Walorski Brownley (CA) Costa Farr Larson (CT) Reed Whitfield Kingston Pocan Walz Buchanan Cotton Fattah Latham Reichert Williams Kinzinger (IL) Poe (TX) Wasserman Bucshon Courtney Fincher Latta Renacci Wilson (FL) Kirkpatrick Polis Schultz Burgess Cramer Fitzpatrick Lee (CA) Ribble Wilson (SC) Kline Pompeo Waters Bustos Crawford Fleischmann Levin Rice (SC) Wittman Kuster Posey Watt Butterfield Crenshaw Fleming Lewis Richmond Wolf Labrador Price (GA) Waxman Calvert Crowley Flores Lipinski Rigell Womack

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.016 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2105 Woodall Yoho Young (IN) Harper McGovern Ryan (OH) b 1707 Yarmuth Young (AK) Harris McHenry Ryan (WI) Yoder Young (FL) Hartzler McIntyre Salmon So the amendment was agreed to. Hastings (FL) McKeon Sa´ nchez, Linda The result of the vote was announced NOT VOTING—14 Hastings (WA) McKinley T. as above recorded. Bachmann Jackson Lee Nugent Heck (NV) McMorris Sanchez, Loretta PERSONAL EXPLANATION Bishop (UT) Kennedy Rush Heck (WA) Rodgers Sarbanes Blackburn Lynch Shimkus Hensarling McNerney Scalise Mrs. BACHMANN. Mr. Chair, on April 17, Graves (GA) Markey Tsongas Herrera Beutler Meadows Schakowsky 2013, I was not able to vote on rollcall votes Holding Miller, Gary Higgins Meehan Schiff Himes Meeks Schneider 110, 111 and 112. At the time, I was performing my duties as a designee of the U.S. b 1701 Hinojosa Meng Schock Holt Messer Schrader House of Representatives attending the fu- So the amendment was agreed to. Honda Mica Schwartz neral of Baroness Margaret Thatcher in Lon- The result of the vote was announced Horsford Michaud Schweikert Hoyer Miller (FL) Scott (VA) don. Had I been present for the vote, I would as above recorded. Hudson Miller (MI) Scott, Austin have voted ‘‘aye’’ on all three votes. AMENDMENT NO. 4 OFFERED BY MR. LANGEVIN Huelskamp Miller, George Sensenbrenner Mr. SESSIONS. Mr. Chairman, I The Acting CHAIR. The unfinished Huffman Moore Serrano move that the Committee do now rise. Huizenga (MI) Moran Sessions The motion was agreed to. business is the demand for a recorded Hultgren Mulvaney Sewell (AL) vote on the amendment offered by the Hunter Murphy (FL) Shea-Porter Accordingly, the Committee rose; gentleman from Rhode Island (Mr. Hurt Murphy (PA) Sherman and the Speaker pro tempore (Mrs. Israel Nadler Shuster LANGEVIN) on which further pro- WAGNER) having assumed the chair, Napolitano Simpson Issa Mr. MARCHANT, Acting Chair of the ceedings were postponed and on which Jeffries Neal Sinema the ayes prevailed by voice vote. Jenkins Negrete McLeod Sires Committee of the Whole House on the The Clerk will redesignate the Johnson (GA) Neugebauer Slaughter state of the Union, reported that that Johnson (OH) Noem Smith (NE) Committee, having had under consider- amendment. Johnson, E. B. Nolan Smith (NJ) The Clerk redesignated the amend- Johnson, Sam Nunes Smith (TX) ation the bill (H.R. 624) to provide for ment. Jones Nunnelee Smith (WA) the sharing of certain cyber threat in- Jordan O’Rourke Southerland RECORDED VOTE telligence and cyber threat informa- Joyce Olson Speier tion between the intelligence commu- The Acting CHAIR. A recorded vote Kaptur Owens Stewart nity and cybersecurity entities, and for has been demanded. Keating Palazzo Stockman Kelly (IL) Pallone Stutzman other purposes, had come to no resolu- A recorded vote was ordered. Kelly (PA) Pascrell Swalwell (CA) tion thereon. The Acting CHAIR. This is a 2- Kildee Pastor (AZ) Takano minute vote. Kilmer Paulsen Terry f The vote was taken by electronic de- Kind Payne Thompson (CA) King (IA) Pearce Thompson (MS) b 1710 vice, and there were—ayes 411, noes 3, King (NY) Pelosi Thompson (PA) HOUR OF MEETING ON TOMORROW not voting 18, as follows: Kingston Perlmutter Thornberry [Roll No. 112] Kinzinger (IL) Perry Tiberi Mr. COLLINS of Georgia. Madam Kirkpatrick Peters (CA) Tierney Speaker, I ask unanimous consent that AYES—411 Kline Peters (MI) Tipton Kuster Peterson Titus when the House adjourns today, it ad- Aderholt Castor (FL) Duncan (TN) journ to meet at 10 a.m. tomorrow. Alexander Castro (TX) Edwards Labrador Petri Tonko Amodei Chabot Ellison LaMalfa Pingree (ME) Turner The SPEAKER pro tempore. Is there Andrews Chaffetz Ellmers Lamborn Pittenger Upton objection to the request of the gen- Bachus Chu Engel Lance Pitts Valadao Langevin Pocan Van Hollen tleman from Georgia? Barber Cicilline Enyart There was no objection. Barletta Clarke Eshoo Lankford Poe (TX) Vargas Barr Clay Esty Larsen (WA) Polis Veasey f Barrow (GA) Cleaver Farenthold Larson (CT) Pompeo Vela Barton Clyburn Farr Latham Posey Vela´ zquez APPOINTMENT AS MEMBER TO Bass Coble Fincher Latta Price (GA) Visclosky WORLD WAR I CENTENNIAL COM- Beatty Coffman Fitzpatrick Lee (CA) Price (NC) Wagner MISSION Becerra Cohen Fleischmann Levin Quigley Walberg Benishek Cole Fleming Lipinski Radel Walden The SPEAKER pro tempore. The Bentivolio Collins (GA) Flores LoBiondo Rahall Walorski Chair announces the Speaker’s ap- Bera (CA) Collins (NY) Forbes Loebsack Rangel Walz Bilirakis Conaway Fortenberry Lofgren Reed Wasserman pointment, pursuant to section 4(b) of Bishop (GA) Connolly Foster Long Reichert Schultz the World War I Centennial Commis- Bishop (NY) Conyers Foxx Lowenthal Renacci Waters sion Act (Public Law 112–272), and the Lowey Ribble Watt Bishop (UT) Cook Frankel (FL) order of the House of January 3, 2013, of Black Cooper Franks (AZ) Luetkemeyer Rice (SC) Waxman Blumenauer Costa Frelinghuysen Lujan Grisham Richmond Weber (TX) the following individual on the part of Bonamici Cotton Fudge (NM) Rigell Webster (FL) the House to the World War I Centen- Bonner Courtney Gabbard Luja´ n, Ben Ray Roby Welch (NM) Roe (TN) Wenstrup nial Commission: Boustany Cramer Gallego Colonel Thomas N. Moe, Retired, Brady (PA) Crawford Garamendi Lummis Rogers (AL) Westmoreland Brady (TX) Crenshaw Garcia Maffei Rogers (KY) Whitfield Lancaster, Ohio Maloney, Rogers (MI) Williams Braley (IA) Crowley Gardner f Bridenstine Cuellar Garrett Carolyn Rohrabacher Wilson (FL) Brooks (AL) Culberson Gerlach Maloney, Sean Rokita Wilson (SC) PERSONAL EXPLANATION Brooks (IN) Cummings Gibbs Marchant Rooney Wittman Broun (GA) Daines Gibson Marino Ros-Lehtinen Wolf Ms. JACKSON LEE. Madam Speaker, Brown (FL) Davis (CA) Gingrey (GA) Massie Roskam Womack I was unavoidably detained with meet- Brownley (CA) Davis, Danny Goodlatte Matheson Ross Woodall Matsui Rothfus Yarmuth ings in my office. Had I been present, I Buchanan Davis, Rodney Gosar would have voted ‘‘aye’’ on the Rogers Bucshon DeFazio Gowdy McCarthy (CA) Roybal-Allard Yoder Burgess DeGette Granger McCarthy (NY) Royce Yoho amendment, ‘‘aye’’ on the Connolly Bustos Delaney Graves (GA) McCaul Ruiz Young (AK) amendment, and ‘‘aye’’ on the Lan- McCollum Runyan Young (FL) Butterfield DeLauro Graves (MO) gevin amendment to the underlying Calvert DelBene Grayson McDermott Ruppersberger Young (IN) Camp Denham Green, Al legislation, H.R. 624. Campbell Dent Green, Gene NOES—3 f Cantor DeSantis Griffin (AR) Amash Gohmert McClintock Capito DesJarlais Griffith (VA) COMMEMORATING 100TH ANNIVER- Capps Deutch Grijalva NOT VOTING—18 SARY OF THE CONGRESSIONAL Capuano Diaz-Balart Grimm RESEARCH SERVICE Ca´ rdenas Dingell Guthrie Bachmann Lewis Nugent Carney Doggett Gutierrez Blackburn Lucas Rush (Mr. THOMPSON of Pennsylvania Carson (IN) Doyle Hahn Fattah Lynch Scott, David asked and was given permission to ad- Carter Duckworth Hall Holding Markey Shimkus Cartwright Duffy Hanabusa Jackson Lee Miller, Gary Stivers dress the House for 1 minute and to re- Cassidy Duncan (SC) Hanna Kennedy Mullin Tsongas vise and extend his remarks.)

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.018 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2106 CONGRESSIONAL RECORD — HOUSE April 17, 2013 Mr. THOMPSON of Pennsylvania. heavy. Our hearts are heavy for those Although its sponsors assure us that Madam Speaker, 100 years ago, Con- who lost their lives in Monday’s un- a person’s Internet data would be gress passed the 1914 Legislative, Exec- speakable act of violence, for those stripped of personal identification, this utive, and Judicial Appropriations Act, who remain in critical condition, for bill then allows this data to be used to which established a separate depart- the parents who lost their 8-year-old prosecute certain Federal crimes. Well, ment within the Library of Congress to son, and for the families whose loved how could they do it? It turns out the serve the legislative and resource needs ones never came home from the Boston Federal Government, having stumbled of the United States Congress. Marathon. upon this evidence, can then seek a The legislation authorized the Li- While our sorrow is great, so, too, is warrant to obtain that personally iden- brary of Congress to ‘‘employ com- our resolve. We’re committed to work- tifying information. petent persons to prepare such indexes, ing with law enforcement officers to That makes it the functional equiva- digests, and compilations of laws as ensure that those responsible are held lent of the ‘‘writs of assistance’’ used may be required for Congress and other accountable, and we are committed to by the English Crown in colonial times. official use.’’ stopping acts of terror on U.S. soil and It is antithetical to the Fourth Amend- In 1946, the Department was renamed abroad. ment, which requires that, before the the Legislative Reference Service, We will remain vigilant, demand an- government can invade your privacy, it which is today known as the Congres- swers, and seek justice, for there is must first present a court with reason- sional Research Service, or CRS. Over nothing we take more seriously than able cause to believe you have com- the years, CRS has served the Congress the protection of American life. And in mitted a crime. This bill effectively al- by providing comprehensive and reli- our sorrow, we will find gratitude for lows the government to search through able legislative research and analyses the firefighters, paramedics, police of- your personal records indiscriminantly that are timely, objective, and authori- ficers, and first responders who put and then use that information to form tative. their lives at risk to help save others. the basis of a prosecution. This year is the 100th anniversary of In the words of Ronald Reagan: Cybersecurity is an important na- the Congressional Research Service, I know in my heart that man is good, that tional security issue, but it does not and today I want to thank these re- what is right will always eventually tri- trump the Bill of Rights or the Amer- search professionals for the work they umph. And there’s purpose and worth to each ican freedoms that our Constitution do and the contributions they make to and every life. protects. the United States Congress and our So today let us come together as Federal legislative process. Americans—as moms and dads, broth- f f ers and sisters, husbands and wives— SAFE CLIMATE CAUCUS and continue to pray for those whose (Mr. JOHNSON of Georgia asked and SAFE CLIMATE CAUCUS lives were forever changed. was given permission to address the (Mr. WAXMAN asked and was given f permission to address the House for 1 House for 1 minute and to revise and minute and to revise and extend his re- SAFE CLIMATE CAUCUS extend his remarks.) marks.) (Mrs. CAPPS asked and was given Mr. JOHNSON of Georgia. Today, I Mr. WAXMAN. Madam Speaker, last permission to address the House for 1 rise to cite the fact that the American week, members of the Safe Climate minute.) people and Democrats and scientists Caucus challenged the Republicans who Mrs. CAPPS. Madam Speaker, earlier agree that climate change is a danger are on the Energy and Commerce Com- today, the Energy and Commerce Com- to us all, but where are the Repub- mittee to come to the floor and debate mittee passed, for the third time in 2 licans? A week ago, I joined my col- with us and talk about the problems of years, a bill to force approval of the leagues in the Safe Climate Caucus to climate change. We wrote them a let- Keystone XL pipeline. challenge the Republican members of ter, and we haven’t even gotten a I voted against the bill for many rea- the Energy and Commerce Committee reply. There seems to be a conspiracy sons, but chief among them is the fact to debate the Nation’s response to cli- of silence in the House of Representa- that it doubles down on a dead-end oil- mate change on the House floor. We re- tives about the dangers of climate based energy policy that is hurting our ceived no response. change, and it’s time for real debate on economy, hurting our environment and It is time for a real debate on the the House floor. our health. House floor about the dangers of cli- Every day, members of the Safe Cli- Burning fossil fuels is a primary mate change. We are already seeing the mate Caucus have come to this floor to cause of climate change, and we simply powerful forces and effects of nature. give speeches on topics relating to cli- can’t afford to continue down this de- We are witnessing the predictions of mate change, including the importance structive path. It makes far more sense our premier scientists come true, and of preparing communities to mitigate to focus on developing the clean, re- they are alarming. We’ve seen cata- the impacts of extreme weather events, newable energy technologies that we strophic storms, record heat waves, potential for clean energy tech- all know we’re going to need down the droughts, and wildfires. Top scientists nologies, and the threats of rising tem- road. Developing these technologies in the U.S. and around the world tell us peratures across the country. will create quality long-term jobs that that impacts like these will get even In contrast, we’re not aware of any can’t be shipped overseas. It’s good for worse as climate change continues. Republican Member who has spoken on business; it’s good for our planet; and There is no debate about the science of the House floor about the dangers of it’s good for our national security. climate change. climate change, and the committee of There’s no reason we can’t put aside Madam Speaker, it’s time for a de- jurisdiction is not even willing to hold our differences and take action to pro- bate on how to solve climate change. a hearing to hear what the scientists mote a clean energy future. It’s what f and experts have to say about the our constituents sent us here to do. Our window of opportunity is rapidly THE ‘‘GOLD STAR’’ FOR DAWSON issue. closing. The time to act is now. COUNTY HIGH SCHOOL JUNIOR I have a message to House Repub- ROTC licans: You can’t make climate change f (Mr. COLLINS of Georgia asked and go away by ignoring the problem. b 1720 was given permission to address the f CYBERSECURITY AND THE House for 1 minute and to revise and THE BOSTON TRAGEDY CONSTITUTION extend his remarks.) (Mrs. MCMORRIS RODGERS asked (Mr. MCCLINTOCK asked and was Mr. COLLINS of Georgia. Madam and was given permission to address given permission to address the House Speaker, I am pleased to report that the House for 1 minute and to revise for 1 minute.) the Dawson County High School Junior and extend her remarks.) Mr. MCCLINTOCK. Madam Speaker, ROTC recently earned ‘‘gold star’’ sta- Mrs. MCMORRIS RODGERS. Madam the House has been considering H.R. tus. This honor places the Dawson Speaker, today our hearts remain 624, the so-called CISPA bill. County High School Junior ROTC in

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.067 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2107 the top 10 percent of the Nation. This about the appropriate policy response I carved my pumpkin, and it was snowing status is a reflection of each cadet’s to the threat of climate change, but outside. Today, I dyed Easter eggs, and it’s hard work and the investment of the we’ve heard nothing from the Repub- snowing outside. Congratulations, Mr. Presi- parents, the instructors, and the com- licans. The House Republican leader- dent. You’ve solved global warming. munity in the Junior ROTC program. ship should schedule that debate right Now, that’s amusing. Climate change As a member of the Air Force Re- away. This problem is not going away. is a serious issue, but we must recog- serve, I have great admiration for the The longer we delay, the greater the nize that we do not have this planet all young people involved in Junior ROTC risks. to ourselves and that, when the Chi- in Georgia and throughout the United The Energy and Commerce Com- nese are increasing elevenfold their States. This important program in- mittee has refused to act or to even profits on the production of coal, when stills the values of citizenship, service, hear the latest science. Congressman they, in fact, have become the number and personal responsibility in the next WAXMAN and Congressman RUSH have one coal producer, when their equip- generation of leaders. sent over 20 letters requesting hearings ment is about 30 to 50 percent less effi- I anticipate great things from these with scientists and other experts about cient than ours, we cannot solve this young men and women in the future, important developments in climate problem without a global solution, and and I wish the Dawson County High science, but the Republicans have re- we must have the Chinese act. School Junior ROTC program contin- fused to hold any hearings on climate We’ve done our part in going down ued success. change. The American public is enti- this road to solve problems. We need f tled to an explanation for this dis- the Chinese to act as well. appointing record of inaction. THE 40TH ANNIVERSARY OF f Madam Speaker, we need to get seri- FEDEX COMMONSENSE BACKGROUND ous about tackling climate change. CHECKS ON GUN OWNERS (Mr. COHEN asked and was given per- That means having a debate about mission to address the House for 1 what actions should be taken. That de- (Mr. LARSON of Connecticut asked minute.) bate is long overdue, and my friends, and was given permission to address Mr. COHEN. I rise today to recognize time is running out. the House for 1 minute and to revise the 40th anniversary of the founding of f and extend his remarks.) FedEx, one of the world’s great compa- Mr. LARSON of Connecticut. I rise to nies. JOHN GRANVILLE commend JOE MANCHIN and PAT According to business lore, CEO Fred (Mr. HIGGINS asked and was given TOOMEY for coming up with a rational Smith originally introduced his idea permission to address the House for 1 approach that 92 percent of Americans for FedEx in a Yale economics paper minute.) all agree with in the need for universal that got him a C grade. Today, 40 years Mr. HIGGINS. Madam Speaker, I rise background checks as they relate to later, we can all appreciate the merit today to talk about a remarkable man our gun laws. of that C paper after the company from Buffalo, New York—John Gran- The bill was taken up today in the originally set up shop in 1973 near the ville. Senate, and the vote was 54–46. Every Memphis airport with 14 aircraft and John was a diplomat with the United fifth grader in America is astounded 186 packages set for delivery. That first States Agency for International Devel- that that bill was defeated. Only in the day, FedEx flew to 25 U.S. cities from opment, who was facilitating free elec- United States Senate, the other body, its home base in Memphis, which re- tions in the Sudan when, 5 years ago, could that take place—that a vote of mains its world headquarters. Today, he was assassinated in Khartoum. Four 54–46 would not pass. FedEx has grown to ship more than 9 of his killers were captured and con- So, disheartening as it is and in reel- million parcels daily across the globe. victed, but they escaped from prison. ing from the events that have taken FedEx and Fred Smith have also Two remain at large, and the State De- place in Boston on Patriots’ Day, chil- shown great generosity to the country, partment has issued a $5 million re- dren all across America cannot be reas- and Memphis is lucky and proud that ward for information leading to their sured by their parents tonight that it’s our home company. Fred Smith, a capture. Meanwhile, in February, the they are safe, but the NRA will sleep combat marine, who served two tours Sudanese Government pardoned the well this evening. Mission accom- of duty in Vietnam, served as the co- man who helped John Granville’s kill- plished. chair of the World War II Memorial ers escape. But there is another Chamber and an Committee to build a memorial here in Madam Speaker, John deserves bet- opportunity for the House of Rep- Washington. ter. He was a selfless and courageous resentatives to speak its will on the vi- It used to be said that what’s good man who dedicated his life to rep- olence that has been perpetrated across for General Motors is good for the Na- resenting the United States and in this country: in the commonsense tion, but now I think what’s good for helping those who needed it most. To- background checks that are needed FedEx is good for the Nation—abso- morrow, I will introduce a resolution here in this country. lutely, positively. calling for the Sudan to remain on the f I congratulate Fred Smith and FedEx State Sponsors of Terrorism list until on 40 years of great service, and I look the pardon is repealed and the escapees b 1730 forward to another 40 years of innova- are captured. I will also send a letter WAR ON COAL tion and service. demanding that President al-Bashir re- The SPEAKER pro tempore. Under f scind the pardon immediately. John Granville made western New the Speaker’s announced policy of Jan- SAFE CLIMATE CAUCUS York and our Nation proud. I will keep uary 3, 2013, the gentleman from Ken- (Mr. TONKO asked and was given fighting to see that justice is served tucky (Mr. BARR) is recognized for 60 permission to address the House for 1 and that his memory is honored. minutes as the designee of the majority leader. minute and to revise and extend his re- f marks.) GENERAL LEAVE Mr. TONKO. It is time for a real de- CLIMATE CHANGE NEEDS A Mr. BARR. Madam Speaker, I ask bate on climate change—right here on GLOBAL SOLUTION unanimous consent that all Members the House floor. The members of the (Mr. GRIFFITH of Virginia asked and may have 5 legislative days in which to Safe Climate Caucus come to the floor was given permission to address the revise and extend their remarks and in- to talk about this critical issue every House for 1 minute.) clude extraneous materials on the day that the House is in session, but Mr. GRIFFITH of Virginia. Ladies topic of my Special Order. where are our Republican colleagues? and gentlemen, I join you today to The SPEAKER pro tempore. Is there Last week, we challenged the Repub- share an amusing note that one of my objection to the request of the gen- lican members of the Energy and Com- constituents posted on Facebook re- tleman from Kentucky? merce Committee to a debate, a debate cently. He said: There was no objection.

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.069 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2108 CONGRESSIONAL RECORD — HOUSE April 17, 2013 Mr. BARR. Madam Speaker, this Na- And so before us we have a choice, 7,700 in 2012, and new and pending EPA tion was founded on a simple, but ma- and it’s a choice between two futures. regulations will cost 1.65 million jobs. jestic, idea; and that idea is that we The first is a future of energy freedom With 205 coal-fired generators shutting are endowed by our Creator with cer- and independence in which we continue down in the coming year due to strict- tain unalienable rights, that among to embrace the ideals of our Founding er environmental regulations, the these are life, liberty, and the pursuit Fathers, of Jefferson and Franklin, United States is expected to lose up to of happiness. where men follow their dreams, can 17,000 jobs. Think about these words from Jeffer- work hard and pursue happiness uncon- In my home State of Kentucky, this son in the Declaration of Independence strained by central planners in Wash- war on coal has been devastating to my for just a minute: the pursuit of happi- ington, D.C., where we can pursue an fellow Kentuckians. In 2012, direct em- ness—the idea that every human being open energy system and a diversity of ployment in Kentucky’s coal industry has a fundamental, natural right to fol- energy sources to create jobs and op- decreased by over 4,000 workers. low his or her dreams, to reach for the portunity and power a future of unlim- Mr. Speaker, this has a real impact stars, to work hard to achieve their ited growth and potential. on real lives. It’s easy to sit in Wash- God-given potential, all without undue The second is a future of energy scar- ington and issue regulations when you interference from the government. city, a future of energy dependency in don’t have to confront the human cost. What is the key to happiness? I be- which we abandon the traditions of the I want to yield time to some of my lieve it to be hard work—a relentless Founding Fathers, reject the American fellow colleagues in the House; but be- and unyielding desire on the part of the work ethic, and deprive Americans of fore I do, I want to tell a brief story individual to apply effort and improve their ability to pursue their dreams, by that I think tells the story of the war their lot in life. Hard work, after all, limiting the diversity of their energy on coal and why it matters to people has been an American tradition from choices to only those that Washington all around this country. It’s a story of our very founding. Benjamin Franklin politicians and not the American peo- a young coal miner that I met in my once said: ple decide are worthwhile and sustain- home State of Kentucky. His name is It is the working man who is the happy able. Chris Woods, and Chris commutes over man. It is the idle man who is the miserable In short, in the words of Benjamin man. an hour each way, both ways, to work Franklin, we can be the happy man. We and back home every day. He took me And so this story is the story of can pursue happiness, or we can be the in the coal mine, and he wanted to America. The work ethic defines who idle man. The choice is ours, and here’s show me his work. And it’s heroic work we are as a nation. It is in our DNA; why this is relevant today. We are on what these coal miners do. And he took unconstrained by excessive govern- the path toward a future of energy me underground and he showed me ment, the industry and creativity of scarcity rather than energy freedom. the American people have fueled the what he did. As we were coming out of We are on a path that replaces Ameri- most prosperous and productive nation the mine, and as I recognized that what cans’ right to work hard and pursue in the history of the world. he was doing was providing low-cost, So what gives Americans—or anyone happiness with a government-directed reliable electricity to the American else for that matter—the character to society in which politicians and bu- people, he looked at me and he said: pursue happiness? What animates our reaucrats restrict Americans’ freedom You know, ANDY, I don’t really know capacity to do work? In a word: energy. and limit their choices. And the best much about politics. And, frankly, I Quite literally, the classic, scientific example of this is the Obama adminis- don’t care much about politics; but if definition of energy is the ability to do tration’s war on coal. you can save my job, I’m for you. work. And Americans’ ability to per- What is the impact of this great, And the thing about Chris Woods was form work, to work hard and to pursue abundant natural resource? In 2012, he wasn’t thinking about himself. His happiness over the years has been sup- coal was responsible for 37 percent of one paycheck takes care of his wife, ported by an abundant and affordable electricity generated in the United two children, and both sets of parents. States, more than any other source of supply of domestic American-produced b 1740 energy. Energy has been the indispen- electricity. Given current consumption rates, the United States has more than This matters to people. And for every sable ingredient in Americans’ ability 1 to pursue happiness. 230 years remaining in coal reserves. one coal mining job lost, there are 3 ⁄2 Think about it: the story of this Coal is mined in 25 U.S. States and is additional jobs that are dependent on country has been the story of Amer- responsible for over 760,000 U.S. jobs. the coal industry. ican energy—coal, oil, natural gas. My home State, Kentucky, has pro- And so, Mr. Speaker, I look forward Abundant, reliable, affordable energy duced energy for centuries. And most to having a discussion tonight about has always been essential to a growing importantly, we have produced coal. the future of coal in America, about national economy. It built the rail- And our coal industry that has been the choices we have as a country to roads and conquered the West. It built by the hard work of my fellow pursue our happiness, to work hard, to spawned the industrial revolution and Kentuckians powers America. Ken- fulfill and embrace the Founding Fa- won two world wars. It revolutionized tucky was the third largest coal pro- thers’ vision that we should shoot for communications and fostered innova- ducer in the United States during 2011, the stars, that we should have energy tion from Henry Ford to the Wright and coal mining was by far the greatest diversity and energy freedom, and we brothers, Apollo and Neil Armstrong. source of energy production in the should reject the path we’re on, a path It propelled us into the Information Commonwealth. In 2011, coal mines em- of energy scarcity and dependence. Age and the knowledge-based economy. ployed more than 19,000 individuals With that, Mr. Speaker, I’d like to Energy always has been and always through the year, and mining directly yield to the gentlelady from Missouri, will be the key to Americans’ ability to contributed approximately $4 billion to ANN WAGNER. work hard and pursue happiness. the Commonwealth’s economy. Mrs. WAGNER. I thank the gen- It is no surprise then that the coun- What has the war on coal brought to tleman from Kentucky for yielding and tries with the best human health and our country and to Kentucky? Domes- for hosting this Special Order on the the most material wealth on this plan- tic coal decreased by 4.6 percent just importance of America’s coal industry. et are the countries with the highest last year. In 2012, U.S. coal consump- Mr. Speaker, I rise to discuss the im- levels of energy consumption. The tion for electric power declined by 11.5 portance of coal in Missouri. There is most salient difference between na- percent. Within the past year, 226 coal no denying that coal has played a vital tions in the developed world and na- electricity-generating units have been role in providing an abundant source of tions in the lesser-developed world is shut down. In 2012, Kentucky’s overall power to plants that generate elec- that nations in the developed world coal production decreased by 16.3 per- tricity for families and for businesses produce and consume the most energy, cent, reaching its lowest level of pro- across this country. whereas nations in the lesser-developed duction since 1965. In Missouri, coal-fired electricity is parts of the world produce and con- And this has an impact on real peo- responsible for 81 percent of the State’s sume the least. ple. U.S. coal-mining jobs dropped by electric supply, and largely contributed

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.071 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2109 to Missouri’s low electricity rate of 7 Performance Standards rule will deny And guess what? cents per kilowatt hour in 2011, com- economic and environmental benefits He and his administration have made pared with the national average of 10 of new low-emissions coal power plants it very clear, despite their comments cents per kilowatt hour for that very in favor of plants that rely on commer- that they support all of the above in same year. cially unproven technology in order to energy policy to produce electricity, Additionally, Missouri was sixth in chase unrealistic and marginal envi- they’ve made it very clear that they do the country in coal consumption, with ronmental standards. not support the use of coal. 46 million tons of coal used for elec- On top of all of this, President The gentleman from Kentucky men- tricity in 2011, of which Ameren Mis- Obama’s nominee to head the EPA dur- tioned earlier that over 205 coal-burn- souri’s Meramec plant in the Second ing his second term only promises to ing plants have closed in this country Congressional District consumed 31⁄2 bring the same kind of policies that in recent years. And this President’s million tons. have shut down factories and bogged EPA recently came out with a rule pro- Ameren Missouri, based out of St. down companies with increased regu- posal relating to greenhouse gas emis- Louis, is the State’s largest electric latory red tape during his first term. sions, and that when they finalize that utility and provides electric service to Gina McCarthy has headed the EPA’s rule—they were supposed to have final- approximately 1.2 million customers Office on Air Quality since 2009, and ized it on April 13 and they did not do across central and eastern Missouri, in- was instrumental in the creation of it—but when they finalize it, it will be cluding the Greater St. Louis area. these regulations that have attacked impossible to build a new coal-powered In addition to the consumption of the coal industry. plant in America because the tech- coal, the Greater St. Louis area is also I applaud Senator ROY BLUNT’s lead- nology is not available to meet the a critical player in the procurement of ership in placing a hold on her nomina- emissions standards required by EPA. coal for our Nation’s energy needs, tion, and hope that my other Senate Now, let’s think about that for a mo- with companies like Arch Coal, Pea- colleagues will also take a hard look at ment. We would be the only country in body Coal and Patriot Coal her previous agenda when considering the world in which you would not be headquartered in St. Louis and drawing her legitimacy for the position, with able to build a coal-powered plant to employees from Missouri’s Second Con- such an important part of our domestic produce electricity. And we know that gressional District. These companies energy production and economic activ- in China, they’re building more and are among some of the country’s and ity at stake. The coal industry just more every day, every week, every the world’s largest coal providers. simply cannot handle four more years month. The same thing in India. And All of this helps in keeping energy of the same regulatory overburden by even in Germany, where they closed costs low for families and for busi- the EPA. down their nuclear power plants, What this all comes down to is con- nesses. More than half of American they’re building more coal-powered tinuing to provide reliable and afford- households devote more than 20 per- plants. able energy for the people of Missouri cent of their family budget to energy Now, what does that mean to Amer- and the United States of America. In- costs and, in this economy, we must do ica if we can not build a new coal-pow- creasing costs of doing business subse- everything we can in order to keep the ered plant? quently increases the price of energy costs of electricity down. My friend from Virginia was talking for households at a time when families Despite the reliance on coal in pro- about, in Virginia, just about a year are spending more and more of their viding for this country’s energy needs ago, they built one of the cleanest and contributing to low electricity budget on powering their homes. The amount that American house- burning coal-powered plants in Amer- prices, this administration has contin- holds devote from their family budget ica. ually made it more difficult for these to energy cost is more than double I was in Texarkana, Arkansas, in De- longstanding plants to operate, which from 10 years ago, and these regula- cember. They opened up another clean- ultimately threatens the industry for tions on coal have all played a signifi- burning plant in Arkansas. But under the future. cant role in that. these new regulations, you would not Existing power plants are already in Mr. BARR. I thank the gentlelady, be able to build any plant, regardless of the middle of meeting compliance with and appreciate her comments on the how clean it is. an EPA regulation aimed at reducing fact that certainly affordable elec- b 1750 uncontrolled greenhouse gas emissions tricity is part of this discussion. And Now the sad thing about this is that by 90 percent over 3 years. Now EPA is it’s particularly important to recognize we’re losing jobs because of these regu- also proposing to regulate greenhouse that the war on coal affects everybody, lations. But just as important, Amer- gases for new power plants that will re- not just coal miners, not just people in ica is becoming less competitive in the quire them to meet a natural gas the power industry, but seniors on global marketplace because it’s in- standard for air emissions by relying fixed income. on unproven technology utilizing car- Over half of American households de- creasing the cost of electricity, making bon capture and storage. vote more than 20 percent of their fam- it much more difficult for us to com- This standard was originally de- ily budget to energy costs, more than pete in the global marketplace. And signed for a completely different en- double 10 years ago, and so this mat- the sad thing about it is that this is ergy source and relies on technology ters to every middle class family in being done by regulators without any that has not yet been commercially America. public debate. tested, with the EPA itself estimating At this time I’d like to yield to my It’s hard to believe that a regulation that this New Source Performance colleague, the gentleman from Ken- administered by EPA will prohibit the Standards rule will add around 80 per- tucky, the chair of the Energy Sub- building of any coal-powered plant in cent to the cost of electricity for a new committee. America, once it’s final, from that day coal plant. Mr. WHITFIELD. I want to thank the forward, unless the technology is dra- The EPA has already missed their gentleman from Kentucky for hosting matically improved. And yet there’s no April 13 deadline to finalize the rule, this discussion about the importance of public debate about it. This is a deci- citing that they are still reviewing the coal, and for all those who are going to sion that should be made on the floor close to 2 million comments that have participate in this discussion this of the House of Representatives and on been offered on the proposal. Among evening. the floor of the United States Senate, these comments are submissions from When President Obama was seeking not by a group of regulators who deter- 221 Members of Congress, including 14 the office he now holds, he visited San mine that they want to put coal out of Democrats, who all have concerns with Francisco and he attended a meeting in business. the devastating impact that this rule San Francisco. And at that meeting he Now a few of our friends were talking will have on jobs and the economy. made the comment that if he was elect- earlier in the 1-minutes about climate As a new Member of Congress, I ed President, you could still build a change. America does not have to take would like to join my colleagues in op- coal plant in America, but he would a backseat to anyone on a clean envi- position of this rule. The New Source bankrupt the industry. ronment. In fact, our CO2 emissions in

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.073 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2110 CONGRESSIONAL RECORD — HOUSE April 17, 2013 America today are lower than they Finally, I’m here to talk about the go full-scale, but the technique would have been in 20 years, and our other reliability of our electrical grid. If we release the heat from the coal without emissions are lower than they have disadvantage ourselves as a Nation, as actually burning it. So there’s no car- been in many, many years because our we have been, and say no more coal bon emission. That has great potential. Clean Air Act and our Clean Water Act generation, no more coal-fired power Also, in another use of coal, the car- are working. But let’s not use these plants, we’re going to disadvantage bon could be used commercially for en- pieces of legislation to penalize the ourselves as an energy economy and hanced oil recovery. We hear about all American people and lose jobs and be the manufacturing jobs that come with of the oil sands and the oil shale in the less competitive in the global market- that. northern part of our country and even place. We’ve heard a lot about the different in West Virginia. There are tech- So I want to thank the gentleman for regulations that are out there that nologies that enable the use of carbon sponsoring this event. Let’s be mindful we’ve tried to battle back in the House to enhance that recovery so that we of the importance of coal and pro- and say, Unacceptable; you can’t regu- get more from the recovery. And I ducing electricity in America. late; you have to legislative, you have think that’s something that has a tre- Mr. BARR. I thank the gentleman. to let this body, the representatives of mendous future for us. And I think his final point was a good the people, decide who are going to We stand here today on a united one; that, ironically, the EPA’s overly make these decisions. We’ve already front. I look at my colleagues and I see restrictive policies are actually con- had 266 coal-fired power plants close. folks from States all across this coun- tributing to a negative global environ- I know we have the gentleman from try. We formed a Coal Caucus, of which ment. The crackdown on domestic en- Kentucky. We’ve got Virginia, West I’m the chair, to talk to our other ergy production is producing exports to Virginia. Permitting has been very, Members of Congress who don’t have countries with inferior electrical gen- very difficult. We’ve got regulators this passion and realistic view of the eration capabilities. We need to un- who are coming in and have yanked place that coal can play in our energy leash the American free enterprise sys- back one major permit retroactively. future. tem. The American free enterprise sys- After the 10 years of going through all I want to thank all of my colleagues tem is what will solve problems in util- the permitting, all of the reissuing, all here for fighting the good fight. We ity generation and energy production. of the capital investment, the EPA have a lot of miners and their families, So I thank the gentleman, and I look comes in and grabs back on that per- other business folks, jobs, manufactur- forward to continuing to work with mit. The court said, No, you can’t do ers, and elderly folks who understand him on this important topic. that. And so we have an overreaching I now would like to recognize the what it means to try to have avail- EPA that is willing to overreach into gentlelady from West Virginia. ability of cheaper energy resources. Mrs. CAPITO. I would like to thank the legal area until the courts say, No We’ve got a whole lot of America be- the gentleman from Kentucky for more. hind us. This is the reason the oppor- hosting us today to talk about coal. As Now we’ve worked in the House to tunity to talk about these things to- he mentioned, I am from the great try to stop this war on coal. We’ve night, I think, sends a powerful mes- State of West Virginia, one of the larg- passed a lot of things. We did pass the sage across the Congress, across to the est coal-producing States in our Na- Stop the War on Coal Act last Sep- Senate, across to the President that tion, and, historically, some of the tember. Unfortunately, the Senate did really an all-of-the-above energy plan largest coal-producing areas of our Na- not act on this. It’s sort of a bit of a re- does include coal, must include coal, tion. peating theme for us in the House. and we’re going to fight like heck to As we know, coal is a huge part of But the administration is seeking to make sure it does. the economy in West Virginia. But we turn us away from coal and keep the Mr. BARR. I thank the gentlelady. also know that energy is a jobs econ- war on coal and drive up energy prices. I would like to recognize another omy. When you’re generating energy in People around the world are buying Member from the great State of West any capacity, you’re generating jobs. West Virginia coal. Our exports in the Virginia and yield some time to the We have over 7.6 percent unemploy- Nation almost doubled since 2006, and gentleman. This is not a partisan issue. ment across the country, and yet we in West Virginia we exported more It is an American issue. And I am ap- have a President who wants to pick than $5 billion of West Virginia coal. preciative of the gentleman’s attending winners and losers on the energy front. Now we all know it’s going to China be- this session tonight. Coal has been one of the President’s fa- cause they have an insatiable demand, Mr. RAHALL. Thank you, Mr. BARR. vorite losers, as we have seen and right? Guess where else it’s going? Eu- I appreciate very much your giving heard from our colleagues. rope, the Netherlands, Italy, Germany. this Special Order for a discussion of But there are three reasons I’m These are countries that are going to America’s most plentiful, most eco- standing here today. The first reason use our cheaper resource to power nomic, efficient domestic energy re- I’m here is to stand up for the jobs of themselves into a burgeoning economy, source we have, that being coal. and we’re going to disadvantage our- tens of thousands of West Virginians, b 1800 whether that’s a coal miner, as you selves here with our own natural re- mentioned, transportation, shop owner, sources. I also come from the great State of electrician, fuel supplier, and all the So the rest of the world wants Amer- West Virginia, a State that is proud of different jobs that are connected with ican coal. its heritage of mining coal—proud of getting to and burning our Nation’s Myself and my colleagues here today its coal miners, number one, those in- most abundant resource. And I’m very can’t for the life of us see why we don’t dividuals who go beneath the bowels of concerned about it. We lost 1,200 jobs in have a President and an administration the Earth to extract the energy that the last quarter of 2012 in West Vir- that believes that coal has a great fu- has fueled the industrial revolution in ginia alone. ture in our energy mix. He always says this country. They are brave, coura- Secondly, I’m here to stand up to the he’s for all of the above, but we all geous individuals. Every one of us is families and those who are on fixed in- know standing here it’s ‘‘all of the concerned every day about their safety, comes. As the gentleman from Ken- above, except.’’ number one, their health, and their re- tucky brought up, when you think I always try to end everything on a tirement benefits for themselves and about the largest part for a senior who bit of a positive note. And there’s some their families. Yes, coal is a valuable lives on a fixed income, the most dif- great technological advances with coal. natural resource, but our number one ficult thing for them is the fluctuation This is why I think we’ve got to keep natural resource is the coal miner, in their power bill, whether it’s heating coal active and in the mix and viable as himself or herself. So we thank them or air conditioning. And when you our energy resource because the future for what they do. They are courageous start chipping away at $50 or $100 a for coal is very good. One of the discov- individuals. month, you’re going to find our seniors eries was at Ohio State University, My district is both surface and deep and those who live on fixed incomes where they were able to do a labora- mined. We can do both in a very envi- really suffering. tory experiment. We don’t know if it’ll ronmentally sane manner, a manner

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.075 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2111 which produces jobs for our people, pro- hope that many more of my colleagues Now, according to the National Eco- duces energy for our country, and at that may not be with us on the floor nomic Research Associates, it is esti- the same time does restore our envi- this evening will come forth and ex- mated that compliance costs for these ronment and make it a beautiful place press their support for coal as a valu- EPA regulations on the electric sector in which to work. That’s why we in able domestic source of energy. will average $15 billion to $16 billion West Virginia pride ourselves on our I thank the gentleman for yielding. per year. Who pays for that? Who’s clean environment, our productive Mr. BARR. I thank the gentleman going to pay for the extra cost to our workforce, and our high worker morale from West Virginia. I thank him for his electric industry, $15 billion to $16 bil- because we can do all-of-the-above at comments. I thank him for, in par- lion? I’ll tell you who: it’s the families the same time. And we are for all-of- ticular, his sentiments about the he- in my district who are living from pay- the-above as far as our energy re- roic work of these men and women who check to paycheck and who are strug- sources as long as all-of-the-above go to work every day in our coal mines. gling to put food on the table. When means our domestic production of re- I just cannot thank them enough for they see their electric bill go up every sources for energy in this country. their contributions to our society month because of the EPA coming here Coal literally keeps the lights on. every day for providing us with afford- from Washington, D.C., imposing these Many a county commission in my dis- able and reliable electricity. regulations on our electric industry, trict, during the downturns in the coal With that, I would like to yield to that’s who ends up paying, and it’s market, has had to lay off law enforce- the gentlelady from Missouri. wrong. Mrs. HARTZLER. I thank the gen- ment personnel, has had to really trim It also is costing jobs. The same tleman. I really appreciate you holding the lighting of their public streets group estimated that these regulations this special time, where we can show when coal resources are down, when are going to cost half a million jobs our support for the coal industry, as revenues and our coal severance taxes just next year. Now, we have too much well as condemn the Obama adminis- are down to our local county units of unemployment in this country already. tration’s current war on coal, because government. Why would the government adminis- So coal is important. It has been, it that’s what it is. In Missouri, coal is our preferred tration from this President be pushing is, and it always will be a mainstay of source of energy for electrical genera- regulations that’s going to kick out our economy in West Virginia. Our tion due to its abundance and its low half a million more people from being quality of life—indeed, the quality of cost. Coal provides over 81 percent of able to work? Just in Missouri alone, life in America—and our economic vi- Missouri’s electric-power generation, the cost is expected to be $500 per tality have long been fueled by coal, and Missouri ranks 11th in the Nation household in higher electricity bills. and it’s something that the American in energy affordability. So that means It’s wrong. people cannot turn their backs on. Yet the people of Missouri have more I want to just point out two of these too many, I’m afraid, fail to recognize money that they can spend on other regulations that are driving this cost the contributions that coal has made things for their family. and impacting them—and several of my to our past, and certainly they under- It also attracts businesses to our colleagues have mentioned several of estimate the role that coal can and State. We want to keep it that way. We them already. But these two I wanted should play in our future. love coal in Missouri, and we appre- to bring to your attention. Through decades of investment, coal ciate the role that it plays in having The New Source Performance Stand- has changed for the better. It is not our affordable, safe energy in our country. ards for new coal units are establishing grandfathers’ coal. It is a cleaner, more I wanted to show this picture to you new guidelines that control carbon di- efficient fuel than ever before. And and my colleagues here because a lot of oxide emissions from any newly con- with the right kind of investments and people think in Missouri that we don’t structed coal and natural gas power know-how and the technologies that have coal mines. But I want to tell plants. This proposal requires new coal are coming online—some of which have you, in the Fourth District of Missouri, units to meet a standard so low that it already been talked about this after- we have a coal mine. This is a picture. effectively is going to ban new coal noon—its use continues to improve and My husband and I had the opportunity plants. My friend and colleague from modernize. to go there and I snapped a few pic- Kentucky did a very good job of illus- Our Nation must embrace an energy tures, and let me tell you we are so trating this. I wanted to reiterate, strategy that encompasses a broad proud of it. These hardworking people though, the quote from our President range of fuel choices, including domes- here are doing a great job in getting about this administration. He admitted tic coal, if we are ever to have any coal out of the ground and taking it to in 2008 that his goal was to bankrupt hope of completely freeing ourselves our local power plants. new coal-fired power plants. Now, that from our overdependence on foreign This coal mine is providing great jobs is wrong. Here’s what he said: fuels. This means that this Nation in my district. These are high-paying, If somebody wants to build a coal-powered must acknowledge the simple fact that skilled jobs. I know some of the people plant, they can. It’s just that it will bank- coal has been and for the foreseeable that work here, and they appreciate rupt them because they’re going to be future it must be part of a comprehen- this opportunity. This mine is also charged a huge sum for all that greenhouse sive national energy strategy that will bringing in property taxes to our local gas that’s being emitted. enable us to grow our economy, remain schools, and it’s helping the economy Now, it’s frustrating to me that the strong militarily, and help to influence of the entire county, this region of the Obama administration, our President, environmental and economic chal- district. Plus, it is powering two of our would target an industry that is pro- lenges around the globe. local power plants nearby. So this is viding clean, affordable energy for our So coal is a critical element for en- very exciting for us. We want to see country, providing jobs in my district suring affordable, abundant, and reli- this continue rather than having the and all across this country, and keep- able energy that fuels the opportuni- current administration, through the ing that electricity bill at home low for ties and the way of life that we cherish EPA, try to rein us in and to force us our families, but he is. here in the United States of America. to rely on more expensive, untested en- The second regulation that he is So as a Representative of coal mining ergy sources in our country. talking about is going to impact what’s communities and generations of coal You know, President Obama and the called coal ash and try to make it a mining families, I will continue the EPA are pushing this over-prescriptive, hazardous waste. Now, this is some- good fight in the Congress for the fu- regulatory agenda without adequate thing that is not hazardous. It is going ture of coal and for the health and safe- cost-benefit analysis, workable to increase the cost of cement. Now, we ty of America’s coal miners. And as the timelines, and input from the industry. need cement. We’re building new high- gentleman from Kentucky has said, it Both of the proposed and current regu- ways. We need it in building new is a bipartisan issue. I wish there were lations being promoted by the EPA are homes. We need it for our businesses more from my side of the aisle here having sweeping negative impacts on that are building. Why would we do this evening, but perhaps they will sub- coal-fueled electricity generation in this? It’s going to increase the cost for mit comments for the RECORD. I do this country. that.

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.077 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2112 CONGRESSIONAL RECORD — HOUSE April 17, 2013 b 1810 ducing community. The Sauls were in the third-largest State in terms of coal We have in Missouri five cement the coal mining business, they had produced by the underground mining plants that provide 12,000 jobs. Yet if Eagle Coal. My friend John Stilley has method, and first in terms of total coal this continues to go through we’re Amerikohl. I have friends over in the extracted by longwall mining tech- going to see an increase in cement Kittanning area, Rosebud. nology. We win with coal, we put peo- cost. But I went to CONSOL, and I went ple to work with coal, we lower our en- So here, gentleman, we have two ex- down to the Bailey Mine. I went down ergy costs with coal, we win the battle amples of regulations coming out of 700 feet underground to see this hor- in the world economy because our cost Washington here that are increasing rible, horrible product that the Presi- of energy is lower, which allows us to the cost for our families at home and dent absolutely hates and wants to pay higher wages to all those folks out that are killing jobs and increasing our eliminate. And while I was there, I was there right now who are struggling, electricity costs. It’s wrong, and I will trying to figure out: Where is it so bad? hardworking American taxpayers. continue to stand against it. And I ap- I watched as they did the longwall Why in the world would we take from preciate all my colleagues as we stand mining, how it shaved the coal off the them right now low-cost energy and together tonight against this and we wall. It’s being drenched all the time condemn it because it doesn’t meet make a stand for low-cost, reliable en- with a fine mist, and then there’s vacu- this President’s standards? ergy, and that is coal. I commend you ums taking all the coal dust out. It’s time for us to fight back and for having this, and I encourage all my I sat as far away from the machine as fight back hard, not as Republicans, colleagues to join us in this very im- you having a conversation with some- not as Democrats, but as Americans. portant effort. body. And the guy who I was talking to So, Mr. BARR, I thank you so much for Mr. BARR. I appreciate the gentle- said: You know, Mike, I’ve done this what you’re doing. lady, and I appreciate her stand for the for 40 years. When I first started, I had Mr. BARR. I thank the gentleman. I coal industry. Just one of those rules to do it on my hands and knees. I laid think his comments about the rail- that she was referring to, the Utility on my back and I used a pick. And the roads reminds me of a quick story MACT rule, the EPA estimates it to reason I did that was because I was about my district in Estill County, cost $10 billion per year, but other married and my wife and I had some Kentucky, a little town called Ra- independent annual cost estimates dreams. We wanted to buy a house, we venna. This community was built on range from $70 billion to $200 billion, wanted to raise a family, wanted to the railroads, and those railroads car- well above the EPA estimate. It is no educate those kids, and we wanted to ried the coal out of Perry County and wonder that within the past year, 226 live our life. And I did it through coal Harlan County and Bell County and all coal electricity-generating units have mining. those counties in southeast Kentucky. shut down. But, you know, the way it is now, This community in my congressional With that, I would like to recognize this is incredible. And I stood in a district was built on the railroads. the gentleman from Pennsylvania. room that was at least 10 to 12 feet Today, furloughed railroaders, their Mr. KELLY of Pennsylvania. I thank high and about 30 feet wide and families are without jobs, without a the gentleman, and thank you for hold- watched the coal miner, a machine, paycheck, and this is because of the ing this this evening, because it’s real- shave the face of the coal off the wall war on coal. One of the furloughed rail- ly important that we understand ex- and then extract it. roaders told me that just a few years actly what’s going on with coal. Now, it doesn’t make sense to me or ago 120 trains would come through When America was looking for en- to anybody else as a commonsense per- their community full of coal. Now ergy, they went to coal. Coal has al- son. What in the world are you trying barely 50 come through every month. ways been there for us. It is abundant, to do, Mr. President? In Erie, Pennsyl- So this has a real impact for real peo- it is accessible, it is affordable, and it vania—that’s where GE Transportation ple, middle class Americans losing is truly American. And this is the part is, they build locomotives. Now, the lo- their jobs. The war on coal is hurting I don’t get. You just heard Mrs. comotives haul trains and those trains the American people. Unemployment is HARTZLER talk about the President’s haul coal. And there’s been a 20 percent higher than the national average in Es- statement, and also Mr. WHITFIELD. reduction in coal. till County, Kentucky, because of this That’s one campaign promise he kept. So do you know what that did to GE? President’s war on coal. So I thank the He said, If you want to produce elec- They don’t have to build as many loco- gentleman. tricity using coal, you can do it, but motives. We have 3,000 locomotives sit- I would now like to recognize the we’ll bankrupt you. Now, this makes ting idle. Why? In a country that’s gentleman from Indiana to talk about absolutely no sense to anybody who looking for jobs, why is this President coal in Indiana. understands what America needs right eliminating jobs? Mr. BUCSHON. Mr. Speaker, I rise now, and it’s jobs. Now, look, it doesn’t make any sense, today in strong support of our coal in- In Pennsylvania, 40 percent of Penn- it just doesn’t make any sense. And as dustry and the men and women who sylvania’s electricity is produced using we go forward, I would like this Presi- work in the industry. coal. In addition to keeping electricity dent to look at energy, all the above. I grew up in a small town in Illinois, affordable, the coal industry contrib- What would make us great as a coun- 1,400 people, Kincaid, Illinois, where utes more than $7 billion annually to try? Energy independence. That’s what my dad was a United Mine worker for the Commonwealth’s economy. It’s we need—low cost energy. And we have 36 years. All of my friends’ parents about jobs, jobs, jobs. it right here, right now. worked in the coal mine. Coal created This is a President who just doesn’t When coal wins, America wins, and good, middle class jobs for those who get it. He talks about all the above when America wins, we all win. This lived in my hometown. when it comes to energy, but he forgets isn’t a Republican initiative or a Dem- I’ve been down in these mines in my all that’s below. He turns his back on ocrat initiative. As you said earlier, hometown when I was a kid, and re- coal and looks to renewables that are this is about America and America’s cently in my district now in south- very expensive and make no sense to strategy and America’s answer to en- western Indiana. I’ve met the proud, the average American. And the hard- ergy independence. Coal is a big part of hardworking coal miners, and I’ve seen working American people who produce it and has to continue to be a big part the impact their hard work has on the this coal are miners. We’ve not only of that. local economy. shut down their mines, we’ve shut So I thank you for what you’re doing. In 2010, Indiana mined around 36 mil- down their power plants, and we’re ru- We’ll keep fighting for coal, we’re not lion tons of coal and consumed nearly ining their communities. We’re abso- going to give up, we’re not going home. 65 million tons. Currently, Indiana has lutely ruining communities right now. Mr. RAHALL spoke very eloquently more energy underground in the form Now, I couldn’t understand what was about it. But all these folks from all of coal reserves than the entire United so horrible about this product, because these coal-producing areas—you know, States does in oil and gas reserves. I heard the President describe it many Pennsylvania is the fourth-leading Indiana’s demonstrated coal reserve times, and I grew up in a coal pro- coal-producing State in the country, base of over 17 billion short tons is

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.079 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2113 enough to maintain the current level of United States. You know, I see the BUCSHON), who talked about his home- production in Indiana for 500 years. electric cars going down the street; and town of Kincaid, Illinois, and talked The reserve base for the entire Illinois I’m not opposed to electric cars, but about the importance growing up of Basin, which includes Indiana coal, is they ought to say ‘‘powered by coal’’ coal mining in that community. over 130 billion tons, enough to meet on them in terms of understanding I represent Kincaid, Illinois, right the entire U.S. coal demands for the where the source of the power is to now in the 13th Congressional District next 100 years. Eighty-eight percent of power these electric cars. of Illinois, and just over 20 years ago, all electricity generated in Indiana is Coal keeps energy costs low. It helps these miners lost their jobs because of from coal. And I’m proud to say that keep American businesses competitive, deliberations and the eventual stroke all of that coal production is in my dis- and it allows middle Americans to keep of a pen here in Washington, D.C. It be- trict. more of their hard-earned dollars dur- came cheaper to import coal from the This natural resource is vital to our ing these challenging economic times. western United States to burn at the State’s energy industry and supports In Montana, we are seeing firsthand power plant across the street from this over 3,300 direct mining jobs and ap- the critical role that coal plays in the coal mine where these miners worked proximately 12,000 indirect mining energy sector. In my home State, it is than it was to dig it out from under- jobs. Twenty-seven percent of Indiana’s creating hundreds of jobs, fostering im- ground, ship it on an electronic con- GDP is from manufacturing dependent portant relationships with our Indian veyor belt across the street, and burn on coal-fired electrical generation. reservations, being a leader in coal pro- it. Over 1,200 miners that day lost their Mr. Speaker, we cannot deny that duction for our country and leading the job. coal is vitally important to Indiana’s way for coal exports. Those were Congressman BUCSHON’s economy, as well as our Nation’s. De- I support this industry because it en- friends. Those were my friends’ par- spite the immense impact coal has on ables more young Montanans to put ents. It hit our local economy harder our economy, onerous Federal regula- their training and education to work than anything we had seen. Our local tions can often be an obstacle for this and to stay at home with their job in- economy has since recovered, but we industry. stead of exporting our talent to other cannot forget that these deliberations I’m pleased to say that the adminis- places so Grandma and Grandpa have in this great body have an impact on tration actually recently responded to to fly to see the grandkids versus vis- all of America’s families. And these a request by myself and our two Indi- iting them next door. coal miners of 20 years ago are no dif- ana Senators to give a permit to a You see, in my home State of Mon- ferent than the coal mining families of company creating 100 jobs in my area, tana, we boast the largest coal reserve today, and we need to make sure we but this is unusual. The coal industry in the Nation. The Powder River Basin, think of them every single time we see under this administration should not which spans across southern Montana this war on coal, that we stand to- have to navigate the overaggressive and northern Wyoming, contains near- gether, Mr. BARR, and fight. and ideological regulatory climate ly 3.4 billion tons of coal reserves. Thank you. coming out of the EPA. I recently met with representatives Mr. BARR. I thank the gentleman. from Arch Coal, a company that is b 1820 I would now like to yield to the gen- ready to invest millions of dollars into tleman from Pennsylvania. The Mine Safety and Health Admin- developing the Otter Creek mine in Mr. ROTHFUS. I thank the gen- istration, or MSHA, recently proposed southeastern Montana. tleman from Kentucky, and I rise outlandish rules that are nearly impos- Developing these resources creates today in solidarity with the middle sible to follow. As has been previously jobs, injects millions of dollars into the class workers and families who call stated, they can’t be followed. There’s economy. It helps lower energy costs, western Pennsylvania home. no technology that will meet these and, importantly, it creates tax reve- standards. These proposed rules are of- nues for our schools. President Obama’s war on coal is a tentimes, as I just stated, impossible to Cloud Peak Energy recently signed threat to their livelihood and to our meet, and they fail to examine the an agreement with the Crow Tribe to communities. From the mine and science. open up access to more than 1.4 billion power plant workers who have received I was a heart surgeon in my previous tons of coal on the northern Powder pink slips because of misguided regula- career, and I can tell you I didn’t prac- River Basin, which would help inject tions, to the middle class moms who tice medicine based on ideology or millions of dollars into the Crow res- are trying to pay monthly utility bills, anecdote. I practiced based on sci- ervation’s economy. I met with Chair- to the restaurants and barbershops and entific fact. Many of the regulations do man Old Coyote of the Crow Tribe. He other small businesses concerned about not have the backing of science. said they have a vision of becoming fi- costs, President Obama’s onerous regu- Madam Speaker, we need a sound en- nancially independent on the reserva- lations will negatively impact our ergy policy that supports our Nation’s tion because of these coal opportuni- communities. coal industry to lower the cost of elec- ties. Coal is an essential part of our econ- tricity, create jobs, and make our busi- These are exciting opportunities, but omy and infrastructure. It is an abun- nesses more competitive internation- the industry is under attack. Fringe dant, affordable, and reliable source of ally. environmental groups continue to pres- energy that powers our streetlights, I’m proud to stand here today to sup- sure the administration and others to schools, and factories. Coal-fired power port coal in Indiana and across Amer- slow production and slow economic de- plants generate 40 percent of elec- ica, and I thank the gentleman from velopment. This must change. tricity in Pennsylvania and 37 percent Kentucky for holding this Special As Montana’s Congressman, I’m com- around the country. Electricity derived Order. mitted to working for commonsense re- from coal is more affordable for fami- Mr. BARR. I thank the gentleman. forms that ensure that our natural relies and businesses. I would now recognize the gentleman sources like coal can be developed re- The coal industry employs more than from Montana. sponsibly. 41,000 hardworking women and men across Mr. DAINES. I want to thank the With that, I thank the rest of my col- our commonwealth. Unfortunately, these work- gentleman from Kentucky this evening leagues here tonight for helping do the ers, their families, and their communities are for this opportunity to talk about coal. same. the ones who will suffer as a result of the I stand with my colleagues to show Mr. BARR. I thank the gentleman. EPA’s unreasonable regulations and President support for an all-of-the-above energy I now yield to the gentleman from Il- Obama’s war on coal. strategy. Montana possesses an abun- linois. These burdensome regulations have forced dance of hydropower, oil, sun, wind, Mr. RODNEY DAVIS of Illinois. I’d the electric generating industry to shutter coal- natural gas, and coal. And coal is a like to thank the gentleman from Ken- fired power plants and lay off workers. Six of very important piece of that equation. tucky for doing this Special Order to- these coal-fired power plants in our common- Coal provides the fuel for roughly 40 night, and it’s an honor for me to also wealth—including several in Western Pennsyl- percent of the electricity used in the follow my colleague from Indiana (Mr. vania—have been marked for closure since

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K17AP7.080 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2114 CONGRESSIONAL RECORD — HOUSE April 17, 2013 the beginning of last year. The power coming these resources working at home IMMIGRATION REFORM pany placed part of the blame on the burden- for Americans with American energy. The SPEAKER pro tempore. Under some cost of federal environmental regulation. Mr. BARR. I thank the gentlelady. the Speaker’s announced policy of Jan- The resulting slowdown in demand and I appreciate all of my colleagues here uary 3, 2013, the gentleman from Cali- surge in costly regulation have forced coal this evening talking about and high- fornia (Mr. VARGAS) is recognized for 60 mines to shut down or reduce production. Last lighting the importance of the future minutes as the designee of the minor- summer, the head of a Western PA coal com- of energy freedom in this country and ity leader. pany attributed the idling of some of its mines independence. Mr. VARGAS. Thank you very much, to the escalating costs and uncertainty caused I would like to yield the balance of Madam Speaker. I appreciate it. by EPA regulations. our time to the gentleman from Cali- I would first like to say and take a Layoffs caused by shuttering of power fornia. moment to remember the victims of plants and idling of coal mines—and job Mr. LAMALFA I appreciate my col- the Boston attack. Certainly, my pray- losses in related industries—devastate middle- league from Kentucky having this con- ers and the prayers of all of us here go class workers, their families, and their commu- versation tonight and allowing me to to the families and everyone affected. nities. speak on it. I had the great opportunity to go to It is too easy for unelected federal elites in Being from California, we don’t have Harvard Law School and to graduate Washington to write regulations without an un- a lot of coal in California, and we don’t from that school and spend 3 years derstanding of the human costs of their ac- really use a lot of it either. But what I there. I ran the marathon once. Usu- tions. would like to point out is we have a ally, when you finish the marathon, That is why I am working with my col- very similar plight in that many of our it’s a great celebration. It’s an incred- leagues to pass the REINS Act. The REINS industries have been devastated by out- ible time. The people there are so Act will provide a check and balance on the of-control regulations by Federal Gov- friendly, so nice, and everyone is ex- Obama Administration by requiring that any ernment: our timber industry, mining, cited. So what this horrible tragedy regulation with an annual economic impact of our ability to trap more water for our has done is unbelievable, and our pray- $100 million or more be subject to the ap- water supply. Agriculture is also being ers go out to each and every one af- proval of the House and Senate. Last week, I affected by overreaching regulations. fected. voted in favor of the REINS Act in the House Also, coal is very important for our I also rise today in recognition of the Judiciary Committee. The Act was approved entire Nation, and it does have an ef- need for our great Nation to address and now moves to the full House for consider- fect on California, too. What I’m say- immigration reform. Tomorrow, many ation. ing here is that, with 42 percent of our evangelical churches are scheduled to Middle-class moms and dads, coal miners, Nation’s grid being powered by coal come to the Capitol to pray for just seniors, and those on fixed incomes deserve and a mandate coming down from the and merciful immigration reform. I the support of all of my colleagues in the EPA and the President’s very aggres- want to welcome them here. I think it House and Senate on a pro-growth agenda. I sive remarks saying that coal is a is about time that we listened to some call on both chambers to pass the REINS Act thing of the past, we’re going to put of the voices of these pastors, to some as a good first step towards sensible regula- our country in great peril by dev- of the voices of their congregations. I tion that helps grow all parts of our economy. astating this industry for our elec- welcome them here, and I’m very, very There is a war on coal in this coun- tricity grid. For all the many jobs that excited about their presence here at try, and it needs to stop. It’s time to are all over the eastern part of this the Capitol tomorrow. I know that keep the lights on in America. It’s time country and part of the West, we’re they will be praying for us. I know that to relight America, and we need to do really going to hurt ourselves in this they will be here to open up our hearts that here in this House and stop this country with this type of policy. and to listen to what immigration re- war on coal. b 1830 form can do for us, which is to set us With that, I thank the gentleman on a path of not only more justice but In California, we’ve seen the effects, from Kentucky. a more merciful path, so I am very ex- for example, in that we have a self-in- Mr. BARR. I thank the gentleman. cited about tomorrow. I would now like to yield to the gen- flicted mandate that makes it where I want to put this in the context of tlelady from Wyoming. California can no longer use coal, and what has been happening in the United Mrs. LUMMIS. I thank the gen- we’ve devolved down to only 8 percent States because of our immigration tleman for yielding and hosting this as part of our grid—and getting lower. laws, and I’d like read an excerpt from Special Order. So we’re going to be seeing higher and The New York Times. This is entitled, Wyoming is the largest coal-pro- higher energy costs in our State. Why ‘‘Immigration Status of Army Spouses ducing State in the Nation. It has been would we want to do this to the rest of Often Leads to Snags’’: since 1986. The 10 largest coal mines in our Nation here? California’s energy Lieutenant Kenneth Tenebro enlisted in the United States are in the State of costs are 14 cents per kilowatt while the Armed Forces after the September 11 ter- Wyoming. And we’re having trouble ex- the Nation’s average is about 10 cents. rorist attacks, signing up even before he be- porting our coal. Even if Americans That’s why we see an exodus of busi- came an American citizen. He served one don’t want to use it and would dis- ness from the State of California and tour of duty in Iraq, dodging roadside bombs advantage themselves in comparison to their moving to other States. If we do . . . but throughout that . . . mission, he other countries, we’d like to send it this type of thing in this country, this harbored a fear he did not share with anyone overseas to people who want it. mandate, we’re going to see a bigger in the military. Lieutenant Tenebro worried Who wants it? I’ll show you. exodus to places like China, where they that his wife, Wilma, back home in New York with their infant daughter, would be China, India, and even Turkey wants don’t have near our environmental reg- deported. Wilma, who like her husband was our coal. Yet here’s the United States, ulations. Indeed, China’s smoke plume born in the Philippines, is an undocumented this little dot. This is all the United comes over in the jet stream and af- immigrant. States wants. It’s silly, given this tre- fects California. We’re going backwards ‘‘That was our fear all the time,’’ he said. mendous resource the United States with this type of mandate, with this When he called home, ‘‘She often cried about has that produces jobs and revenue and type of policy. it,’’ he said. ‘‘Like, hey, what’s going to hap- electricity that keeps our manufac- So, for many reasons, I think it’s key pen? Where will I leave my daughter?’’ turing competitive, to have to send it that we support the coal industry in It goes on and explains: to those other countries. They want it America—for our economy and for our Like Lieutenant Tenebro, many soldiers, because they want what we have. They electricity grid. For those who want to anticipating rebuke and possibly damage to want inexpensive, affordable, abundant be agitators against coal, then they their careers, do not reveal to others in the energy so their people can manufac- should be the first ones to sit in the military their family ties to immigrants here illegally. ture. dark, in the cold, from not having elec- Mrs. Tenebro is snagged on a statute, noto- We need to protect these jobs in man- tricity on the grid. rious among immigration lawyers, that ufacturing. We need to protect the af- Mr. BARR. Madam Speaker, I yield makes it virtually impossible for her to be- fordability and the reliability by keep- back the balance of my time. come a legal resident without first leaving

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A17AP7.021 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2115 the United States and staying away for 10 documented. I am afraid that they’re going So let’s review, then, a little bit of years. to pull us over and they’re going to deport the immigration laws in our Nation. So our current law requires that the her. Then what am I supposed to do? How am The Naturalization Act of 1790 stated wife of this brave American soldier I going to take care of myself and my kids? that Congress adopted the uniform rule leave the country for 10 years before This is a very unjust law. This law so that any free white person could her status can be legalized. There are has to be changed. How can it be that apply for citizenship after 2 years of very few things that I can think of that we can allow this? One of our brave sol- residency. So if you were here, if you are less just than that law, and that diers is called by his Nation to fight. lived here for 2 years, you could be- law must be changed. He fights and he’s injured. He comes come a resident. I want to thank the Senators, the home, and his loving wife takes care of Then there were minor changes, and Group of Eight—I don’t like the word him, and his fear is that his wife is in 1882, we had the Chinese Exclusion ‘‘gang’’ because I’m from California, going to be deported. We have to Act of 1882. It was the first Federal im- and there it has a very negative con- change this law. We have to change migration law that suspended Chinese notation. I don’t think of the Senators this law because it’s unjust. immigration for 10 years and barred as gangs or as anything other than I would like to take a moment to re- Chinese in the U.S. from becoming citi- good guys over there, so I want to view what our immigration law is, be- zens. A terrible law that, of course, we thank the Group of Eight that has cause a lot of people say, Well, you changed. Why? Because it was malum come forward with these proposals, be- know, these people broke the law. They prohibitum. It was a dumb law. It was cause I think these proposals are very, broke the law. Maybe they should be an immoral law. We changed it, and we very important. deported. Maybe the soldier’s wife should’ve changed it. Thank God we You might think that Wilma and should be deported. She broke the law. changed it. Lieutenant Tenebro are unique, but I would say this: let’s take a look at Then in 1892 we opened up Ellis Is- they’re not. In fact, we’ve heard testi- the law because the law is very inter- land. No one ever talks about Cali- mony here, interestingly. A brave ma- esting. I’m an attorney, and I can tell fornia, by the way. We had Angel Is- rine said something in such stark you this, that the law usually is di- land located in San Francisco. Not as terms that I’ll never forget it. He came vided in a very special way, and that is: many people went through Angel Is- and told his story, and he said this: malum in se and malum prohibitum. land. In fact, between 1892 and 1953, in I’ve been through two tours of duty in Iraq, b 1840 Ellis Island we had over 12 million im- and I’m going back to Afghanistan. I’m not migrants that were processed in that afraid of dying, ‘‘because that’s what soldiers So what is malum in se? Malum in se facility. Angel Island had nowhere near do.’’ is this. Malum in se means the thing is that. I thought that was really stark. He’s wrong or bad in itself. It’s malum in What was the law then? The law said not afraid of dying in fighting for our itself. Malum in se. So, for example, this: first-and second-class passengers, country, but what he said he was afraid murder, murder is illegal because it’s those on ships, were not required to un- of was that his wife might be deported. malum in se. It’s always wrong. It’s dergo inspections at Ellis Island unless It was the exact same thing as Lieuten- bad. It’s wrong to murder and it’s ille- they were sick or had legal problems. ant Tenebro. His fear was not that he gal to murder, so that’s malum in se. So, in other words, you showed up; would be killed in action. His fear was So what is malum prohibitum? come on in. That’s the law. That was that his wife would be deported. He Malum prohibitum is it’s bad or wrong the law. You showed up; come on in. said, What will I do then with my two or illegal because it’s prohibited, not You’re in first-class, second-class on a children? What will happen with my because it’s wrong or immoral in itself. ship, yup, come on through. No prob- two children if they deport my wife? So the act itself is not wrong; it’s sim- lem. He told the story that he met his ply illegal because we make it illegal. Third-class passengers had to under- wife at church. I understand from him A good example is the speed limit. You go a medical and legal inspection. If in she’s a beautiful young lady. They fell could be traveling 56 miles an hour in good health and papers in order, the in love, they got married, and they a 55-mile-an-hour zone. Now you’ve process took 3 to 5 hours, and then began to have children. The next thing broken the law, but have you done they were citizens. That was the law. he thinks about is—well, he gets de- something immoral? Have you done That was the law. So it’s very inter- ployed to fight for his country, and something wrong? Well, you broke the esting when people say, Well, we did it he’s proud to do it, but his fear is that law, but you know what? You didn’t the right way. My ancestors did it the his wife and his kids will be separated, endanger anybody. And, in fact, your right way. that the family will be broken. car is built to go safely at 56 miles an They came here. There was basically He did a very interesting thing that hour. The road, we call them in Cali- no law. All you had to do was walk in. I’ve heard a couple of soldiers do now. fornia freeways, the freeway was built It was very interesting. He has covered his wife’s car with ‘‘Go, to do 70, so you’re actually obeying Then there were minor changes. But Marines. My husband is a marine in common sense. So it’s illegal only be- in 1986, we had a major change—the Iraq.’’ He says he has blanketed his car cause it’s malum prohibitum, because Immigration Reform and Control Act with that, suspecting that they won’t we created the law, not because it’s of 1986. It is also known as the Simp- pull her over for a minor traffic issue wrong in itself. And, in fact, we often son-Mazzoli Act. And what this law because, if they do pull her over, the change the law because we say that’s a did, it set a ceiling of 540,000 immi- police will find out that she does not silly law. It doesn’t make sense to grants a year. It also required employ- have a driver’s license because she’s travel 55 miles an hour on a freeway, so ers to attest to their employees’ immi- not a citizen. So his fear is that they’re we change the law to 70. Although I gration status, that they were here le- going to deport her. What will become drove through Texas, and I see that gally, and made it illegal to knowingly then of their kids? they have 75. They think it’s safe at 75, hire or recruit unauthorized immi- Again, he’s not unique. We also met which is great. I’m sure it is. And so grants. It legalized certain seasonal ag- here—and he testified over in the Sen- they changed the law. Why they’d ricultural immigrants, and it legalized ate—a gentleman who was an Army change the law, because there’s noth- illegal immigrants who entered the soldier. He was in the Army. He went ing wrong or immoral about it. It’s United States before January 1, 1982, to Iraq, and unfortunately, he was in- simply malum prohibitum, so they and had resided here in the United jured. He then came home, and thank changed the law. That’s what we have States continuously. God for his loving wife, who has taken to do with our immigration laws. And who signed the law? Ronald care of him, and his children. He has When a person comes here to work, Reagan. Ronald Reagan signed the law. the opportunity then to live with when a wife like Wilma lives here with It’s very interesting because I’m a Cali- them, but they live in fear. He says: her husband, she’s not violating any fornian. Ronald Reagan, even though I’m captured here. I am a prisoner of my type of moral law. She’s violating he is from Illinois originally, we claim country. I’m afraid to go anywhere because I malum prohibitum, a law that we made him as one of our own. We’re very can’t drive. My wife drives, but my wife’s un- that we can change. proud of Ronald Reagan in California,

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.084 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2116 CONGRESSIONAL RECORD — HOUSE April 17, 2013 and even as a Democrat, I’m very The truth is there are numerous biblical me.’’ (Matthew 25:35–36). Jesus clearly man- proud of Ronald Reagan. I’ve always reasons for advocating for immigration re- dates that we are to treat the immigrant and liked Ronald Reagan. I thought he was form. Indeed, our Judeo-Christian history as the alien as we would treat Jesus himself. Other New Testament readings after Jesus a good man, and I think he set a great people is built on immigration, and Jesus, who himself is the new covenant with us, continue to emphasize the just and humane example. He certainly set a great ex- calls us to be compassionate to all. treatment of our immigrant brothers and ample when it came to immigration. He goes on and says: sisters. First, we read that we, though per- He looked at the humanity of the im- haps not actual immigrants, are called to see migrants here, and I’ll read a couple of Early in Genesis, we find God’s exhortation ourselves as people who have no home here to Abraham: ‘‘Leave your country, your peo- quotes from him a little later on, but on Earth, that our destination is beyond this ple, and your father’s household and go to world: ‘‘But our citizenship is in heaven, and he signed it, and it was something he the land I will show you.’’ never regretted. He never regretted. from it we also await a Savior’’ (Phillipians That’s from Genesis 12:1. 3:20) and ‘‘Beloved, I urge you as aliens and Just the opposite. He said, I regretted He goes on and says: sojourners to keep away from worldly desires raising taxes in California and a bunch God makes a promise to Abraham to make that wage war against the soul.’’ (1 Peter of other bills that he signed when he him a great nation. It is a promise of a bet- 2:11). was still a fairly young Governor, but ter life, a better future. And second, we are called to be just and he never regretted this. Just the oppo- fair in our treatment of immigrants. ‘‘Con- Again, a quote from the Bible: site; it was something that he was tribute to the needs of the holy ones. Exer- proud of. ‘‘I will make of you a great nation, and I cise hospitality.’’ (Romans 12:13). ‘‘Let mu- will bless you; I will make your name great, So what now? Where do we go from tual love continue. Do not neglect hospi- so that you will be a blessing.’’ tality, for through it some have unknow- here? I think what we should do is we Genesis 12:2–3. ingly entertained angels.’’ (Hebrews 13:1–2). should remember the people that are He goes on and says: coming tomorrow, the evangelical pas- This is God’s calling his people to immi- tors and churches, and thank them for gration as their pathway to greatness, and In sum, as people of Judeo-Christian herit- we of Christian and Jewish faith cannot deny age, and as people of faith, we cannot escape coming and opening our hearts. I want that our roots are built on immigration, on or get around Jesus’ call to exercise hospi- to read a few letters from both Catho- God’s call to us to be migrants. tality towards our immigrant brothers and lic priests, pastors and a rabbi, and see And once we arrive at our destination, we sisters. Jesus’ call to love one another as He what they think about immigration be- cannot rest there, but we must remember loves us requires that we not simply do the cause it has been very interesting. I do what it was to be immigrants, to be aliens. least or the minimum just to get by, for that watch here some of the speeches that God instructs us, His people, ‘‘to love those is not how He has loved us. Jesus has loved are given, and I have to say that who are aliens for you, yourselves, were us to the maximum. So, also, we are called aliens in Egypt’’ (Deuteronomy 10:19) and to they’re very negative about immi- to go above and beyond what could be ex- treat strangers by providing a place of rest, pected in order to love others. In this coun- grants. You hear about all the terrible food, and hospitality: ‘‘Let some water be try, this would imply granting full citizen- things, the parade of horribles that brought that you may bathe your feet and ship to our undocumented brothers and sis- some people come up here and talk then rest yourselves under the tree. Now ters. Less than this would be creating a level about day after day after day, and that you have come close to your servant, of society that is devalued as persons, and you’d think that most immigrants are let me bring you a little food that you may this would be in direct violation of every- terrible. It would be as if I came up refresh yourselves.’’ (Genesis 18:4–5) thing that Jesus teaches. To be a person of here and talked about some of the ter- b 1850 value in this democratic country is to be a rible things that some mothers do, and person with a voice, a person with a vote. Scripture is clear on the treatment of This is the democratic foundation of our say, Well, mothers are terrible. We the immigrant. We read this time and country. should get rid of mothers. That’s ridic- again in passages like the following: He goes on and ends like this: ulous. ‘‘When an alien lives with you in your The reality is most immigrants are Thank you for reading this letter to fellow land, do not mistreat him. The alien living leaders in Congress. I, together with my pa- very hardworking people. They come with you must be treated as one of your na- rishioners of Dolores Mission, and with 26 here for a better life. They work hard. tive-born.’’ other multi-faith congregations of Los Ange- I want to read a few letters from pas- I’m going to read that again: les, and 1 million families in 150 cities of this tors and priests and a rabbi that talks country which make up PICO, am praying ‘‘When an alien lives with you in your for your good discernment as you propose to to this and puts it into the context of land, do not mistreat him. The alien living enact an immigration reform which is just Scriptures because I think it is very with you must be treated as one of your na- and humane, rooted in our faith and biblical important. Obviously they are here to- tive-born. Love him as yourself, for you were values. morrow because they read the Scrip- aliens in Egypt. I am the Lord your God.’’ Gratefully and faithfully yours, tures, they believe in the Scriptures, (Leviticus 19:33–34) Father Reverend Scott Santarosa, S.J., So- and that’s why they’re here tomorrow; Then Father goes on and quotes from ciety of Jesus, Pastor. and I want to put this debate within Deuteronomy: I want to thank Father Santarosa. I that context because I think that we ‘‘Cursed is the man who withholds justice want to let him know that tomorrow are a very fair and merciful people. I from the alien, the fatherless or the widow.’’ he will have help here. He will have think we are a God-fearing people. I He then quotes Exodus 23:9: plenty of help from the evangelical think we need to put this immigration ‘‘Do not mistreat the alien or oppress him, ministers and pastors that will be here debate within the context of our faith for you were aliens in Egypt. Do not oppress tomorrow on hand to open up the communities, and so I’m going to read an alien; you yourselves know what it feels hearts and the minds of those that are this letter. to be aliens, because you were aliens in not yet convinced that we have to have The first letter is from Father Scott Egypt.’’ a humane, a just, and a merciful immi- Santarosa. He’s the pastor at Dolores Father Santarosa goes on and says: gration reform package. And I thank Mission Catholic Church in Los Ange- Jesus himself is an immigrant, as very him. les, California. He’s a Jesuit. He ad- early in His life He and His parents, Mary The second letter that I’d like to dresses this letter to me and it reads and Joseph, are forced to flee to Egypt for read is from Father Sean Carroll. Fa- like this: His safety. We must understand that His her- ther Sean Carroll is the executive di- Dear Congressman Vargas, itage as a Jewish person and as an immi- rector at the Kino Border Initiative for grant informed His teachings on how we are I applaud your enthusiastic support of Nogales, Arizona, and Nogales, Sonora, comprehensive immigration reform that in- called to treat the other, in particular the most vulnerable among us. Jesus goes so far Mexico. He also addresses the letter to cludes a pathway to citizenship. I believe me and says this: you are correct in stating, as you did before as to say that how we treat the least among the House of Representatives last week, that us, namely, the immigrant, is how we treat Dear Congressman Vargas: immigration reform is one of the most press- him: ‘‘For I was hungry and you gave me Since 2009 I have been working with de- ing moral issues of our time. something to eat. I was thirsty and you gave ported migrant men, women and children me something to drink. I was a stranger, and along the U.S./Mexico border. These past 4 He says it’s ‘‘one of our most pressing you invited me in. I needed clothes and you years I have witnessed firsthand their moral issues of our time.’’ clothed me. I was sick and you looked after brokenness in body and spirit when they are He goes on and says: me. I was in prison and you came to visit deported due to days and weeks in detention

VerDate Mar 15 2010 04:23 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.086 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2117 and forced separation from their spouses and excited about college. We’re very ex- an evangelizing preacher here, and in children. I have held the hand of the mother cited for her. She started off with a my evangelization I have brought in separated from her children in Chicago, and great tempo and we thought wow, this people who are undocumented. And listened to the father deported away from his is going to be a great story. She’s a they’re wonderful. They come, they two children in North Dakota. I have been present with the mother so far apart from lovely young person. She was telling pray. They make my church a better her children in New York and with the son her story and we were all excited to lis- place. Some of them have married, he seeking to be reunited with his mother in ten and hear what was going on in her mentioned two people, in fact, who Central California. life. And then she stopped for a mo- were in the Navy, the people in his con- He goes on and says: ment, sort of an awkward cadence, and gregation. He says, I’ve changed. I was I know God calls us not to oppress the started crying. She said, Of course, my wrong about them. widow, the orphan and the stranger (Exodus parents have just been deported. She So I thank the evangelical churches, 22:21–22 and Deuteronomy 27:19) and yet I said she didn’t know what to do be- most of whom now are ardent sup- have been a witness to how we essentially cause her parents had been deported. porters of immigration reform, a com- make widows out of women migrants when It really was a shocking moment to prehensive immigration reform that’s we deport them away from their husbands in me to listen to her because she’s an just, that’s merciful, that leads to citi- the United States. I am also keenly aware of American citizen, she was born here, zenship so people are not second-class how we turn U.S. citizen children into or- but her parents are undocumented im- citizens. I want to thank them. phans by repatriating their migrant parents migrants. Right at the moment of Tomorrow, I know that they’re going to Mexico and placing their sons and daugh- to have an opportunity to mix among ters in foster care. And I see the ways we re- great accomplishment, the moment of ject the stranger in our midst, the person great pride for her, and I’m certain for us Congress Members and senators. seeking a better life for themselves and their her parents, her parents are pulled And I hope that we have an open heart families, the one who in the Gospel of Mat- away, not because they’re terrible, not to receive them and to receive their thew (25:35–40) reflects the presence of Jesus because they have done anything words because I think they’re here on a himself. wrong other than try to provide a bet- good mission. What would happen if we accepted God’s ter life for themselves and for their I would like to read a letter from invitation to remember the moments that daughter, but because they’re undocu- Mark Potter. He is the Provincial As- we were in exile (Exodus 22:21), the times sistant for the Social Ministries at the when we felt like strangers, and to recall mented. The good thing is that we have a California Province, Society of Jesus, how God has led us through those experi- the Jesuits. And it reads like this: ences to new life? My memory of God’s ac- chance to do something about this. We tion in my own struggles and challenges have a chance to pass immigration re- In the Hebrew scriptures the story of Israel compels me in gratitude to put this Word of form that’s merciful, that lives up to is a story of a people on the move, called by God to migrate and to become strangers in God into practice in the here and now, to the values that we hold dearly in this support a path to citizenship for our undocu- strange lands, motivated by God’s promise of country. And so I’m very excited about something better—a better life, a better fu- mented sisters and brothers, to reunify fam- this reform. I’m very excited about to- ily members separated due to mixed immi- ture: ‘‘The Lord said to Abram: ‘Go forth gration status, and to provide some ways for morrow, frankly. I have to be honest from your land, your relatives, and from people that come to work in the United and say I’ve always been in favor of im- your father’s house to a land that I will show States with dignity and with their human migration reform. I thought that Presi- you.’ ’’ This is how the people of Abraham rights respected. dent Reagan got it right, that we wound up in Egypt, where they were forced Jesus quotes the book of Isaiah (61:1–2) should have a humane policy towards into captivity. The Egypt experience of being enslaved because they were immi- when He opens the scroll and says, ‘‘The immigrants. I think he was following Spirit of the Lord is upon me, because He has grants became for Israel the touchstone of certainly the Good Book. I appreciate God’s command to treat aliens with hospi- anointed me to bring good news to the poor. Ronald Reagan, and I appreciate all He has sent me to proclaim release to the tality. captives and recovery of sight to the blind, those that felt like him previously. And they certainly have. And I thank to let the oppressed go free, to proclaim the I’ve always thought that we should the Jewish community. I know a num- year of the Lord’s favor. Today, this scrip- have immigration reform that makes ber of rabbis in San Diego, and they are ture has been fulfilled in your hearing.’’ sense. But not everyone was always the first people to defend immigrants (Luke 4:16–19; 21). I firmly believe that God convinced of this. In fact, a few years in such a strong way. And I thank the has given us the gift of His Spirit, the same ago, I had a conversation with a pastor Jewish community. That faith commu- Spirit that Jesus breathed on His friends in San Diego who was pretty sour on when he rose from the dead (John 20:19–22). It nity is one that has always had the im- the notion that we should give an op- migrant at heart. I thank you from the is a spirit that empowers us to make the portunity for the people that came promise and command of the word, God’s bottom of my heart. word, a reality, by working for comprehen- here without documents to stay. We It goes on with a quote from Deuter- sive immigration reform. got into a heated but loving discussion. onomy: I do love the pastor. He’s a great guy. b 1900 ‘‘So you, too, should love the resident But we got into somewhat a heated dis- alien, for that is what you were in the land He concludes by saying this: cussion. I said, I don’t see how this of Egypt.’’ Care and hospitality for the Please count on my prayers for you and tracks the Bible. I know the Bible pret- stranger became a hallmark of Jewish eth- the other Members of Congress, as you follow ty well. I studied to be a priest myself ics, law, and culture, famously invoked doz- God’s word on this issue of great importance for 5 years. So I certainly read the ens of times throughout the Hebrew scrip- for us as a country and as a people of faith. Good Book and am humbled by what’s ture as the particular concern for the Sincerely yours in Christ, ‘‘widow, the orphan, and stranger in your Reverend Sean Carroll, Society of Jesus in there. I said, I challenge you to go midst.’’ Living according to these values be- Executive Director through there and find a place that came for Israel a sign of fidelity to God’s Kino Border Initiative criticizes the immigrant, that criti- laws. Violating this concern for the widow, Nogales, Arizona, and Nogales, Sonora, cizes the stranger. Because it’s just the the orphan, and the alien became reasons for Mexico. opposite. God’s judgment against his people. Thank you, Father Carroll. I appre- Anyway, we got into a theological Exodus 22:20–22: ciate that very much. discussion. And we remain friends. I ‘‘You shall not oppress or afflict a resident alien, for you were once aliens residing in Father Carroll very poignantly says met him again recently and he told me the land of Egypt. You shall not wrong any that our policy today makes orphans that he was praying for me and for the widow or orphan. If ever you wrong them and out of children of migrants. rest of us in Congress to pass a very they cry out to me, I will surely listen to Recently, I had the opportunity in comprehensive, just, merciful reform their cry.’’ San Diego to listen to a young lady package. And I said, Pastor, I remem- Leviticus 19:33–34: who is very accomplished in her short ber our conversation. He says, Yes, so ‘‘When an alien resides with you in your life. I believe she’s 17 years old. She’s do I. He said, I was wrong. I said, What land, do not mistreat such a one. You shall treat the alien who resides with you no dif- very excited about going to college happened? He said, I want to say it was ferently than the natives born among you; next year. She attends the Preuss simply the Bible. I read it. But the re- you shall love the alien as yourself; for you School. It’s a magnet school at UCSD. ality is my congregation has changed. too were once aliens in the land of Egypt. I, She has very, very good grades and is We evangelize. That’s our mission. I’m the Lord, am your God.’’

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.089 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2118 CONGRESSIONAL RECORD — HOUSE April 17, 2013 Deuteronomy 27:19: the myriad of organizations that have might address the need to improve the port’s ‘‘Cursed be anyone who deprives the resi- worked within our city to support immi- infrastructure. It can address human and dent alien, the orphan, or the widow of jus- grants and refugees over many decades. Over civil rights implications and enforcement tice! And all the people shall answer, the years, in the spirit of good faith, we have mechanisms. It can advocate for a broad and ‘Amen.’ ’’ urged our City Council members to take a inclusive pathway to citizenship without He goes on and quotes a number of stand with immigrant and refugee commu- burdensome obstacles. passages from the Bible. And then he nities who live and work in the city of San As representative organizations and coali- concludes his letter by stating this: Diego. tions, we urge you to adopt a resolution that As the conundrum of our broken immigra- supports a reasonable and comprehensive ap- The most literal reference to care for the tion system has affected all of us in profound proach to immigration reform. stranger is found in the famous story of the ways, many times over the years the City Final Judgment in Matthew 25, where Jesus It’s signed, Sincerely Rabbi Laurie Council of San Diego has been at the fore- Coskey, Educational Doctorate, Execu- instructs His followers about how they will front of human rights issues that affect the ultimately be judged by how they treated people living and working here. We come to tive Director, Interfaith Committee for the most vulnerable: ‘‘The King shall say to you now, recognizing the importance of your Worker Justice; Pedro Rios, Chair- those on His right, ‘Come, you who are voice. person, Director of the San Diego Im- blessed by my Father. Inherit the kingdom Today, we stand at a unique moment in migrant Rights Consortium and the prepared for you from the foundation of the history, where the Federal Government has American Friends Service Committee. world. For I was hungry and you gave me recognized that the immigration laws and food, I was thirsty and you gave me drink, a I want to thank Rabbi Laurie Coskey policies are no longer of benefit, and that for this letter. I also want to thank stranger and you welcomed me, naked and they are stretching to craft a new com- you clothed me, ill and you cared for me, in prehensive immigration policy that we pray Pedro Rios for coauthoring this letter. prison and you visited me.’ ’’ (Matthew 25: will be generous, humane, and trans- I have to say that one of the reasons 34–37) formational for those who live and work that I’m up here reading these letters Tomorrow we will have, again, the here. is that there are a lot of people that opportunity, and I hope that we all As the leaders of the largest border city in want to be heard out in the Nation take the opportunity to meet with the the United States, we passionately urge you about this issue of immigration. From pastors that are going to be here, the to take a leadership stand by passing a bi- this podium, day after day after day, evangelical churches. partisan resolution in support of reasonable they’ve only been hearing the negative immigration policy reform. voices, the parade of horribles, the in- b 1910 In parenthesis, they did, they did ex- stances when immigrants have failed I would like to quote a pastor who actly that. They did it unanimously. or have even committed horrible wrote very eloquently. He is a doctor, And I thank the San Diego City Coun- crimes, and some have. But unfortu- Pastor Dr. Richard Land, outgoing cil—every member, the Democrats and nately, it has been somewhat of a less president of the Southern Baptist Con- the Republicans. Thank you. Thank than veiled attack on all immigrants, vention’s Ethics and Religious Liberty you deeply for that. especially those that came to this Commission and executive editor of They go on and say: country for no other reason but to bet- The Christian Post. He writes: Because of the prominence of San Diego, ter their lives and to work very hard so Southern Baptists have gotten to know im- your bipartisan resolution can serve as an their children could have a better life. migrants as brothers and sisters in Christ. It example and as a model to the Federal legis- That’s the American Dream. That’s the lators that the benefit of such policy change has put a human face on this. American Dream for all of us, for our He also pointed out that Southern demands bipartisan collaboration and agreement in order to pass sweeping immigration children, that we can have a better life. Baptist churches now include several policy reform. To put it simply, by working I want to read now from President hundred thousand Hispanics as a result together quickly, you may teach the Con- Ronald Reagan. Again, many of us are of their evangelization efforts. An His- gress what bipartisan collaboration can ac- very proud of Ronald Reagan. I will panic pastor told Reverend Land that tually accomplish. give Illinois their due, he was from he estimates that as many as 40 per- They did exactly that. They acted to- there originally, but the reality is he’s cent of those Southern Baptist His- gether; they acted swiftly; they acted a Californian. If you look at the statue panics probably do not have legal sta- unanimously; they acted compas- here in Statuary Hall, he’s here as a tus in this country. sionately. I hope we do the same. Californian. So I’m very proud of him. So I am very excited about tomor- They go on and say: As a Democrat, I’ve always been very row. I know that Dr. Pastor Richard Additionally, your action will encourage proud of him. I say that, and some of Land and others are praying for us. immigrant and refugee community members my Democrat friends, they get a little They’re very excited about coming and and their supporters by demonstrating that nervous about that. The reality is I’m speaking to us and opening up our their city representatives understand and very proud of him. I didn’t agree with hearts and our minds and making sure support the call for reforming immigration everything, obviously, but I agreed that we do the right thing, which I’m laws. We all recognize that in recent years the with his humanity. sure we will do—I’m hoping we will do. I think we will see that in some of The last letter that I’m going to read failure of Congress to reform immigration these quotes. I think what made is a letter that was actually written by laws has led to great hardships for too many people who live in fear. In San Diego, we Reagan a great person and a great Rabbi Laurie Coskey, executive direc- have witnessed the devastating impact of the President was that he didn’t stick to tor of the Interfaith Committee for broken immigration system. Families have some of the tired dogma of others. In- Worker Justice, and Pedro Rios, chair- been torn apart in immigration raids; immi- stead, he led us forward as a great person of the San Diego Immigrant grant workers are silent in the face of abu- President. I quote him: Rights Consortium and director of the sive labor practices; distrust has generated American Friends Service Committee. fear for immigrants, who otherwise con- Unless the United States makes a more tribute to the social fabric of our commu- sensible and efficient system for admitting The letter is addressed to the San legal migrants who come to take advantage Diego Council, which just last week nities; and the current immigration laws have led to an unbalanced focus on enforce- of work opportunities, no reasonable level of unanimously approved a resolution in ment. enforcement is likely to be enough to resolve support of comprehensive immigration To be sure, the city of San Diego would not this illegal immigration problem. reform. be America’s finest city without numerous How true he was. How true he is still. I would note that the San Diego City ways that immigrant and refugee commu- I also agree with former President Council is made up pretty equally of nities contribute economically, culturally, Reagan when he said the following, re- Democrats and Republicans, and here and socially, from the agriculture fields in ferring to the Immigration Reform and northern San Diego County to the tech in- they put aside partisanship and they Control Act, again, the Simpson-Maz- strongly passed a resolution in support dustries, and adding to the cultural vibrancy that make San Diego an attraction to people zoli Act of 1986: of comprehensive immigration reform. around the world. We have consistently supported a legaliza- So this is the letter that Rabbi Laurie As a border city, San Diego is uniquely po- tion program which is both generous to the Coskey and Mr. Pedro Rios wrote: sitioned to address immigration issues and alien and fair to the countless thousands of Dear San Diego City Council, we are writ- to offer insight into what reasonable immi- people throughout the world who seek le- ing to you today representing ourselves and gration reform might look like. A resolution gally to come to America.

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.091 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2119 You know what? Ronald Reagan was of Evangelicals; Stephan Bauman, ters that are going to come tomorrow generous. I hope that each and every President and CEO of the World Relief; to pray for us, to pray that we open up one of us can have that spirit of gen- David Beckmann, President of Bread our hearts, pray that we will see the erosity, that magnanimous spirit that for the World; Noel Castellanos, CEO of immigrant as the stranger in Matthew he had. Christian Community Development As- 25, that we will treat them in a way I’m going to quote him again and sociation—I could go on and on and on that is humane and that cherishes our continue with his quote: because this thing goes on for pages. values as Americans. The legalization provisions in this act will My trustee staff gave me pages and Madam Speaker, I thank you very go far to improve the lives of a class of indi- pages and pages of leaders in the evan- much for the opportunity today to viduals who now must hide in the shadows gelical churches that have signed on to speak. I think this is a very important without access to many of the benefits of a this, so I won’t go on and read all the issue, an issue that I have great faith free and open society. Very soon many of these men and women will be able to step names. in God that will be resolved according into the sunlight, and ultimately, if they But I will say this. I believe we will to our best values; and our best values choose, they may become Americans. come to an agreement on immigration. are those of mercy. I do believe that. I honestly believe I thank you very much, and I yield b 1920 that. I do believe that the prayers that back the balance of my time. I thank Ronald Reagan because I the faith communities are directing to- f think he was very generous. It’s very wards us, and especially towards the interesting how many Republicans are immigrants, are going to be heard. I CURRENT EVENTS IN REVIEW running away from his legacy on this, believe that. I believe it deeply that The SPEAKER pro tempore (Mrs. his legacy of generosity. You shouldn’t this time we won’t fail, that this time WALORSKI). Under the Speaker’s an- be running away from it; you should be will be different, that this time, in nounced policy of January 3, 2013, the running towards it; you should be run- fact, we will pass a law that is just, a Chair recognizes the gentleman from ning to it. You will be like him if you law that treats immigrants as we’re Texas (Mr. GOHMERT) for 30 minutes. have that spirit that he had, the spirit supposed to treat them, as it says in Mr. GOHMERT. Madam Speaker, we of a generous soul. this Good Book. As our values as know that there is so much going on I know I have a few minutes left Americans, I think that we will have a after the tragedy in Boston where not here, and I thank the Speaker very just, a merciful immigration law, and just Boston was attacked, but the much for the opportunity that they’ve I’m very excited about it. United States was attacked by acts of given me here. Normally I don’t speak I wanted to end with a story of a sheer evil, perpetrators who did not this long, but I thought it was impor- young woman that came and testified care about innocent people and inno- tant to come and hear another voice, in California last year. I spoke about it cent lives. They thought it better to not just the voice that condemns the in California and I want to speak about try to kill, maim, and destroy. What immigrant, a voice that says there’s it here, because it’s one of those in- sick, twisted, evil human being or millions and millions and millions of credible tragedies in life, and I called human beings would do that? Americans out there, in fact, a great it, ‘‘Two Days in Mexicali.’’ And, un- But we saw 9/11/2001 vividly clear. majority now, that want comprehen- fortunately, for many of us Califor- There actually are people who are so sive immigration reform that’s just, nians, when we think about 2 days in radical, so mean, so evil, so twisted that matches up with our values of a Mexicali or 2 days in Tijuana, it’s nor- that they actually believe they could generous people. mally not the 2 days that I’m going to make for themselves a way to paradise This is a statement of citizenship speak about here. by killing innocent people, killing chil- from the evangelical churches. This is Instead, this was a young lady. This dren not even old enough to have really the evangelical statement of principles was a young lady who was born in done anything wrong, and that is what for immigration reform. Mexicali. Her mother was a prostitute they obviously felt would make their Our national immigration laws have cre- and a drug addict. They lived in Los great mark in the world. I can’t help ated a moral, economic, and political crisis Angeles. The mother had been born and but strongly believe with all my heart in America. Initiatives to remedy this crisis raised there. She went to Mexicali and that, unless they repent and find grace, have led to polarization and name calling, in then had a child in Mexicali. which opponents have misrepresented each they are in for a very rude awakening other’s position as open borders and amnesty She abandoned the child there, and in the next life. versus deportations of millions. This false this child’s grandmother went and It is my hope, as well, that the indi- choice has led to an unacceptable political found her, brought her back to Los An- vidual or individuals who are respon- stalemate at the Federal level at a tragic geles. And the grandmother was, I sus- sible will be held to account with the cost of human life, at tragic human cost. pect, a very Christian, devout woman, death penalty that will be imple- As evangelical Christian leaders, and raised this child in a beautiful mented behind closed doors, without they say: way, because for 13 years she developed cameras present, without an oppor- We call for a bipartisan solution on immi- into a very successful student and a tunity for them to yet insult or hurt gration that respects the God-given dignity very nice person. anyone else. They’ve done enough. of every person, protects the unity of the im- We got to meet her because she was, mediate family, respects the rule of law, I guess, 19 years old. She had turned 19, b 1930 guarantees secure national borders, ensures and she had not known that she was an We’ll await to see who it is that ends fairness to taxpayers, establishes a path to- undocumented person because that up being responsible. Perhaps there’s ward legal status and/or citizenship for those never came up. So, instead, she lived an announcement tonight, perhaps not. who qualify and those who wish to become permanent residents. We urge our Nation’s her life thinking she was an American I am glad that even though there was leaders to work together with the American citizen. Then she applied for college. a person of interest, that the investiga- people to pass immigration reform that em- And at that point, we hadn’t changed tors did not rush to judgment on that, bodies these key principles and that will the law yet as they had in Texas to that they continue to explore every make our Nation proud. allow an undocumented person to get possible clue, every possible video and There’s heads of the evangelical im- in-State tuition or to get any kind of photograph, thoroughly doing a good migration table, and it’s very, very financial aid; so even though her moth- job it certainly appears in law enforce- lengthy. In fact, I’m not going to go er was a prostitute and a drug addict ment so that when the evil culprits are through and read it. I was tempted to who abandoned this little girl, this lit- apprehended and they go to trial and do that because day after day I heard a tle girl grew up to be a wonderful per- their attorneys are trying to raise a few people come in here and you’d son, and then the law oppressed her by reasonable doubt with a jury, that the think that everyone in the United not allowing her to continue. investigation will have been so thor- States was against immigration re- We have a chance to change that for ough and there will not have been an form. In fact, just the opposite. her and for so many other people. And inappropriate rush to judgment such I could read that Leith Anderson, I hope we listen to the pastors tomor- that a fair trial is had, due process is President of the National Association row, our evangelical brothers and sis- had, and then making sure that it is,

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.093 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2120 CONGRESSIONAL RECORD — HOUSE April 17, 2013 indeed, the perpetrator or perpetrators formed in 1918, we have had two major someone would get in an airplane and and then carry out a death penalty. I wars fought on our own soil that have fly it toward an American ship and hope that is the justice that ends up kept this country just in turmoil, and crash their plane into the ship, trying being carried out. we have had to spend most of our re- to sink the ship, and kill as many as In the meantime, we had a gun bill sources not on such nice clothes and possible was foreign to Americans. We that was voted down, as I understand, good things for individuals, but in de- couldn’t believe there was such a thing 54–46 in the Senate. It did not pass. It fending our country because we never as kamikaze pilots. Who would do such did not have enough votes. But with all had two oceans protecting us the way a thing? Who would have that little re- of our hearts having poured out and you have in the United States. gard for life and such hatred for other continuing to have prayers and sym- I was able to point something out to life that you would do all you could, in- pathy and empathy for the people in President Bush some years back when cluding giving up your own life, just to Sandy Hook, in Newtown, we still had he was President and I was a freshman kill as many people as you possibly a bill that was being brought to the here. I said, Look, for most of this Na- could who just want to live free? That Senate floor that all of the people who tion’s history, as the young Soviet col- was foreign during World War II. It was supported the bill, as I heard, had basi- lege student told me when I was a col- strange. We couldn’t believe it. I re- cally admitted that bill would not have lege student, you have had two oceans member being taught about that in saved a single one of the precious, dear protecting your country, the United public schools while growing up. The little children that were so violently States. He was exactly right. For most teachers thought it was so strange, and gunned down in their schoolroom. It of our history, two oceans have pro- we thought it was strange. would not have saved the heroic admin- tected the United States. Now we’ve seen that same type of istrator, a teacher, those who were try- I remember having conversations in mentality that was told to Thomas Jef- ing to protect the children. the eighties and nineties, as we would ferson when he went to negotiate with It just seems that if people in Wash- see violence in other places, whether it the Barbary pirates. In essence, he ington or other parts of the world, New was Beirut or the terrible atrocities in- couldn’t understand why these radical York City or wherever, are going to flicted on Israelis on their own soil, the Muslims, the Barbary pirates, would be manipulate and use such a tragic situa- constant bombings and people being attacking American ships. As Jefferson tion, such sympathetic victims, they blown up just as occurred at the ter- and the other diplomats explained, ought to at least, for goodness’ sake, at rible and evil event in Boston. We’ve never attacked your ships. We’ve least put forward a bill that if it had People have actually said the thing never attacked you. We’re not any been implemented would have ensured about America is if somebody were to threat to you. Why would you attack that at least one of the children or decide to be a suicide bomber in Amer- American ships? adults killed at Sandy Hook would not ica, they’d have to cross either the At- It was explained, In our religion, we have been killed. lantic or the Pacific, and they’d have believe that, if you die killing infidels, Otherwise, let’s put together laws such a cooling-down time, that even which you Americans are and since you and let’s have this administration fi- though they might be whipped up into don’t believe what we do, then we go to nally enforcing laws that both together a rage before they left to fly to Amer- paradise. will reduce violence. Pushing forward a ica, all of the hours of sitting quietly Jefferson thought that so strange. He bill that would not save any of the on a plane or days on a ship would be was so well read, so intelligent that he lives lost there or in Colorado is just enough to cause them to pause; and couldn’t believe it. He got his own copy inappropriate and manipulative, and when they got to America, they would of the Koran, in English translation, the victims deserve better. think, Nah, I really didn’t want to blow and read it. He could not believe there I still completely understand the myself up after all. That seemed to was a religion that anybody believed families of the victims, their hearts, work pretty well. was teaching that you would go to par- the struggle, the difficulty. I under- But then the radicalization of Mus- adise by killing innocent people. That stand, but let’s not manipulate them lims got to the point where they were just seemed so strange. for an individual political agenda. actually able to radicalize people who I am extremely grateful that most Now, I was on C–SPAN this morning could cross an ocean, who could come Muslims don’t believe that. They don’t with the host, Greta Brawner, a terrific into America; and as the 9/11 hijackers, believe they should get themselves a host, as is Susan Swain. I’ve enjoyed they could come in here and unthink- ticket to paradise by killing innocent being on with both of them. But we ably live in America, enjoy our lib- people. They believe in reason and in were talking about border security and erties, our freedoms, enjoy the com- talking and in trying to work things a bill that the so-called ‘‘Gang of pany of neighbors, share food with out. They don’t want to be ruled and Eight’’ is putting forward. They’re their neighbors, have neighbors invite reigned over by radical Islamists ei- great people in the ‘‘Gang of Eight,’’ them over and share food, share things ther. Amazingly, I’ve had people ap- and I know they mean well. They want such as if they need a cup of flour or proach me, the last in DFW airport, good for this country. whatever it is, share and see the way who have come up and indicated: I’m also reminded of a line that I was Americans share and are such a friend- Aren’t you in Congress? told back in the Soviet Union in the ly country. They were able to live here. Yes. summer of 1973 when I got close to a And too many of them were here on I’m from Egypt. Soviet college student and we had a visas, and the visas expired. The last was getting ice cream there free exchange of ideas. He never put at DFW. He said, Aren’t you in Con- down his country at all. Despite that, b 1940 gress? he was ordered not to talk to me any- Since neither Republican nor Demo- Yes. more after we became good friends be- cratic administration was effectively He said, You’re helping the wrong cause that’s what happens in a country enforcing visas when they expired, people. where the government becomes too these 9/11, hate-filled hijackers were He had family still in Egypt, and he powerful: you can’t even choose your able to keep on the mask that they en- said, You’re helping the wrong people. friends any more. joyed America, enjoyed the liberties, You’re helping the radicals. You’re At one point we were sitting alone while all the time looking for the op- helping the Muslim Brotherhood. We visiting, and he tugged on my shirt and portunity to kill themselves in a man- don’t want the Muslim Brotherhood he said, We don’t have material this ner that would most effectively kill running Egypt. We want freedom in good for our individual citizens. We the greatest number of innocent people Egypt. That’s what we thought we were wish we did, but we recognize you have they could in America. It’s unthink- going to get, and then your govern- so much more and better things for able for American citizens. ment helps the wrong people. You help your citizens in the United States than The only thing closely akin that the radicals. You help the Muslim we do here in the Soviet Union. He came to mind after 9/11 was when some Brotherhood. Quit doing that. Please, said, But you’ve got to understand that were talking about, Well, you know tell others in Washington to quit doing here in the Soviet Union, since we were what, in World War II, the idea that that. Quit helping the radicals.

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.096 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 17, 2013 CONGRESSIONAL RECORD — HOUSE H2121 I was surprised. That was not the One of them was on television over a I mentioned this morning on C–SPAN first time, but it was the most recent year ago, telling the Afghanistan peo- that we have been aware that not ev- time that someone turned out who was ple on the most watched television sta- eryone that wants to come into this from Egypt, a Muslim. They want to tion, If you do not fully support the country wants to come for jobs. We live in peace. They don’t want radicals Taliban, then you have one chance, and know that. Most of the Hispanics are ruining their lives, and they think it’s that is to come apologize to us and, fantastic people. They want to work wrong for radical Muslim Brotherhood under sharia law, beg our forgiveness hard. They believe in God. They’re de- members to persecute, kill, inflict pain and ask for our protection. Then you voted to family. And that is a bit of a and suffering on Coptic Christians and will fall under our protection, and you generalization, but it’s my hope that Jews. They don’t think that’s appro- will not be killed. They explained to that Hispanic culture coming into this priate. They may not agree with them, the nation of Afghanistan—the leader country will help bring a resurgence but they want to live in peace. Yet this that this administration let out of con- and make us the strong country we administration continues to help the finement and who is now back leading once were when it came to family val- wrong people. the Taliban against us—that everyone ues and an acknowledgement that ‘‘In After I met the young man from in the world knows that the Americans God We Trust,’’ as is our national Egypt at DFW, I find out we’re sending have been defeated, and so their Presi- motto. tear gas to Egypt in order to help the dent is pulling everyone out. They’re Or as Ben Franklin said during the radicals in the Muslim Brotherhood use running away; they’re scared; they’re Constitutional Convention: it against people like Coptic Chris- cowards; they’re afraid of us. So once I’ve lived, sir, a long time, and the longer tians, like Jewish residents in Egypt, the cowardly Americans finish running I live the more convincing proofs I see of this like moderate Muslims who disagree away from us, in 2014, we, the Taliban, truth: God governs in the affairs of men. with the kind of radicalism that is will be back in charge. And as Franklin said: being forced on them in Egypt. Then b 1950 If a sparrow cannot fall to the ground we find out this week that this admin- without His notice, is it possible an empire istration is sending more tanks to be And so you’ve got a choice. You ei- could rise without His aid? We’ve been as- used to crush those who just want free- ther come back, apologize, pledge devo- sured in the sacred writing, that unless the dom in Egypt. They’re moderate Mus- tion to us, ask forgiveness and protec- Lord build the House, they labor in vain that lims. They want to have freedom. They tion, and under sharia law, we’ll pro- build it. I firmly believe that. don’t want radicals running their coun- tect you. Otherwise, life may not last So I welcome people. And I’ve met try. long once the Americans are gone. Christian friends that I just fell in love Just like our allies, the Northern Al- The message has been going around with in West Africa. And one of them, liance—the moderate Muslims in Af- the world. In Egypt when we turned— an elderly black West African, wonder- ghanistan who fought—many gave this administration, at least—turned ful, wonderful man, a heart as big as their lives. They lost friends and fam- its back on our ally, Mubarak. When all outdoors, but he said, please tell ily in fighting the Taliban on our be- Qadhafi had blood on his hands since others in Washington to quit getting half, and now this administration has 2003, he had been an important ally of weaker because if America grows weak, figuratively thrown them under the this country, giving us more informa- yes, we know where we go when we die, bus, and it’s trying to buy friendship tion about terrorists because it was in but if America grows weak, we have no and peace—literally buy it with his interest to keep terrorists at bay, chance of peace. We have no chance of money—with the Taliban. That’s not giving us more information about ter- a good life in this world. So please stop how you deal with the Taliban. The rorism at times than any other coun- getting weaker. It looks like you’re Northern Alliance knew how to deal tries were able to give us; and that was getting weaker. with them. We helped them with some repaid by this administration—helped He started off by saying, We were ex- arms. We embedded less than 500 Spe- bomb Qadhafi and his troops, and sup- cited when you elected your first black cial Operations people in intelligence, port the radicals. Back at the time, President, but please urge him to quit and within 3 or 4 months, the Northern some of us here on the floor were ex- getting weaker in America. We need Alliance had defeated the Taliban. plaining, we don’t know who all’s in- you to be strong. Then as I learned in my first meeting volved in the revolution, but we know And I mentioned this morning that with Northern Alliance leaders some there are al Qaeda elements of this rev- we even are aware that we’ve had al years ago, we told them, Give us back olution. Let’s stop. This is not a good Qaeda, we’ve had radical Islamists try the significant weapons we’ve given idea until we know whose side we to disguise themselves as Hispanics and you because we’re America. We will should be on. sneak across our southern border be- make sure you’re safe now. We’ll make But the world has seen this adminis- cause Americans have never been wor- sure Afghanistan is safe and peaceful tration turns against its allies and ried about our Hispanic friends being now. So they turned in the weapons. tries to buy off its enemies. So if this radical and wanting to kill innocent They trusted the United States, and administration were going to be con- people to go to paradise. That’s not now they find an administration that sistent, it would seem that the thing to part of the Hispanic culture. had previously been offering to buy ele- do, to expect for this administration to And I’ve been amazed since then that gant, first-class international offices in offer something, as the Clinton admin- the left wing always wants to try to Qatar, in the Middle East, to give the istration did to North Korea: hey, you distort, to create a story out of a twist- Taliban—who still wants to kill Ameri- know, we’ll build you a nuclear plant; ed—I have to choose my words wisely cans and destroy our way of life—inter- we’ll do something if you just promise because it’ll be interesting to see what national standing, classing them up in you won’t develop nuclear weapons. the twisted mind of the left does—but their efforts to kill Americans and de- Well, we saw how that worked. Mad- the ignorance was apparently only cou- stroy our way of life. eleine Albright and President Clinton pled by laziness by left wing media, so And what did the Northern Alliance worked out a heck of a deal. We helped they go nuts trying to paint me as a get for their loyalty for defeating the them get nuclear weapons because of bigot when obviously they are the big- Taliban initially before we allowed the naivete of that administration, and ots, and not only bigots but they’re them to re-surge? They got betrayed. now we’re faced with a very difficult lazy because if they had bothered to They have been betrayed. situation. even turn on their computer and use it It was reported that the administra- Also understand, if North Korea con- for something besides mean-spirited, tion was offering to release some of the tinues on this path and Iran is not twisted, distorted untruths, they could Taliban’s murdering thugs and buy stopped, that what North Korea has have found this story from the ‘‘Amer- them elegant offices in Qatar. No pre- Iran may have, and then no one in ican Thinker’’ back on August 2, 2010. conditions. Just sit down and talk with Israel will be safe at all. And Israel is In the story by Norah Petersen, it us, and we will buy you stuff, and we considered in their minds, in radical points out, it discusses that: will let your murdering thugs go from Islamist minds, the Little Satan, and In 2001, the brother of a Hezbollah military confinement. We’ve already done that. we’re the Great Satan. chief illegally entered the United States by

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K17AP7.098 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2122 CONGRESSIONAL RECORD — HOUSE April 17, 2013 crossing the Mexican border. He then settled Transmittal No. 13-03, pursuant to the re- [Docket No.: FAA-2012-1098; Airspace Docket in Dearborn, Michigan, and raised money for porting requirements of Section 36(b)(1) of No.: 12-ACE-5] received April 9, 2013, pursu- Hezbollah. the Arms Export Control Act, as amended; to ant to 5 U.S.C. 801(a)(1)(A); to the Committee In 2002, illegal immigrants from Lebanon the Committee on Foreign Affairs. on Transportation and Infrastructure. who were thought to have ties to Hezbollah 1143. A letter from the Acting Assistant 1154. A letter from the Paralegal Spe- were smuggled into the United States via the Secretary, Legislative Affairs, Department cialist, Department of Transportation, trans- Mexican border, according to a congressional of State, transmitting extension of the waiv- mitting the Department’s final rule — Estab- report: er of Section 907 of the FREEDOM Support lishment of Class E Airspace; Beeville, TX ‘‘In December 2002, Salim Boughader Act, Pub. L. 107-511, with respect to assist- [Docket No.: FAA-2012-0821; Airspace Docket Mucharrafille, a cafe owner in Tijuana, Mex- ance to the Government of Azerbaijan; to the No.: 12-ASW-8] received April 9, 2013, pursu- ico, was arrested for illegally smuggling Committee on Foreign Affairs. ant to 5 U.S.C. 801(a)(1)(A); to the Committee more than 200 Lebanese illegally into the 1144. A letter from the Chairman, Federal on Transportation and Infrastructure. United States, including several believed to Deposit Insurance Corporation, transmitting 1155. A letter from the Paralegal Spe- have terrorist ties to Hezbollah.’’ the Corporation’s fiscal year 2012 annual re- cialist, Department of Transportation, trans- The congressional report also revealed that port prepared in accordance with Section 203 mitting the Department’s final rule — the FBI has confirmed that persons from al of the Notification and Federal Employee Amendment of Class E Airspace; Superior, Qaeda-linked nations have been known to Antidiscrimination and Retaliation Act of WI [Docket No.: FAA-2012-0656; Airspace disguise themselves as Hispanic immigrants: 2002 (No FEAR Act), Public Law 107-174; to Docket No.: 12-AGL-5] received April 9, 2013, ‘‘Federal Bureau of Investigation Director the Committee on Oversight and Govern- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Robert Mueller has confirmed in testimony ment Reform. mittee on Transportation and Infrastruc- ‘that there are individuals from countries 1145. A letter from the Chairman, Federal ture. with known al Qaeda connections who are Mine Safety and Health Review Commission, 1156. A letter from the Paralegal Spe- changing their Islamic surnames to His- transmitting the Commission’s FY 2012 An- cialist, Department of Transportation, trans- panic-sounding names and obtaining false nual Report pursuant to Section 203, Title II mitting the Department’s final rule — Hispanic identities, learning to speak Span- of the Notification and Federal Anti-dis- Amendment of VOR Federal Airway V-233, ish, and pretending to be Hispanic immi- crimination and Retaliation (No FEAR) Act Springfield, IL [Docket No.: FAA-2013-0179; grants.’ ’’ of 2002; to the Committee on Oversight and Airspace Docket No.: 05-AGL-6] (RIN: 2120- Government Reform. AA66) received April 6, 2013, pursuant to 5 These are the kinds of things that 1146. A letter from the Chairman, National our enemies are doing to try to bring U.S.C. 801(a)(1)(A); to the Committee on Labor Relations Board, transmitting the Transportation and Infrastructure. down this Nation. I hope the adminis- Board’s FY 2012 Buy American Act report; to 1157. A letter from the Paralegal Spe- tration will wise up and do something the Committee on Oversight and Govern- cialist, Department of Transportation, trans- about it. ment Reform. mitting the Department’s final rule — Air- With that, Madam Speaker, I yield 1147. A letter from the Director, National worthiness Directives; General Electric Com- back the balance of my time. Science Foundation, transmitting the Foun- pany Turbofan Engines [Docket No.: FAA- dation’s annual report for FY 2012 prepared 2012-1288; Directorate Identifier 2012-NE-37- f in accordance with Title II of the Notifica- AD; Amendment 39-17403; AD 2013-06-06] (RIN: tion and Federal Employee Antidiscrimina- LEAVE OF ABSENCE 2120-AA64) received April 9, 2013, pursuant to tion and Retaliation Act of 2002 (No FEAR 5 U.S.C. 801(a)(1)(A); to the Committee on By unanimous consent, leave of ab- Act), Public Law 107-174; to the Committee Transportation and Infrastructure. sence was granted to: on Oversight and Government Reform. 1158. A letter from the Paralegal Spe- 1148. A letter from the Acting Assistant cialist, Department of Transportation, trans- Mr. SHIMKUS (at the request of Mr. Secretary, Legislative Affairs, Department mitting the Department’s final rule — Air- CANTOR) for today and April 18 on ac- of State, transmitting the Senate’s Resolu- worthiness Directives; Robinson Helicopter count of personal matters. tion of Advice and Consent to the Treaty Company Helicopters [Docket No.: FAA-2012- with Australia Concerning Defense Trade Co- f 1088; Directorate Identifier 2012-SW-005-AD; operation (Treaty Doc. 110-10) activities re- Amendment 39-17987; AD 2013-05-15] (RIN: port; to the Committee on Foreign Affairs. ADJOURNMENT 2120-AA64) received April 9, 2013, pursuant to 1149. A letter from the Paralegal Spe- 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. GOHMERT. Madam Speaker, I cialist, Department of Transportation, trans- Transportation and Infrastructure. move that the House do now adjourn. mitting the Department’s final rule — Modi- 1159. A letter from the Paralegal Spe- The motion was agreed to; accord- fication of VOR Federal Airways V-68, V-76, cialist, Department of Transportation, trans- ingly (at 7 o’clock and 58 minutes V-194, and V548 in the Vicinity of Houston, mitting the Department’s final rule — Air- TX [Docket No.: FAA-2013-0231; Airspace p.m.), under its previous order, the worthiness Directives; Hughes Helicopters, Docket No.: 13-ASW-7] (RIN: 2120-AA66) re- House adjourned until tomorrow, Inc., and McDonnell Douglas Helicopter Sys- ceived April 9, 2013, pursuant to 5 U.S.C. Thursday, April 18, 2013, at 10 a.m. tems (Type Certificate is currently held by 801(a)(1)(A); to the Committee on Transpor- MD Helicopters, Inc.) Helicopters [Docket f tation and Infrastructure. 1150. A letter from the Paralegal Spe- No.: FAA-2012-0890; Directorate Identifier EXECUTIVE COMMUNICATIONS, cialist, Department of Transportation, trans- 2011-SW-019-AD; Amendment 39-17388; AD ETC. mitting the Department’s final rule — 2013-05-16] (RIN: 2120-AA64) received April 9, Amendment of Class E Airspace; Middle- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Under clause 2 of rule XIV, executive Committee on Transportation and Infra- communications were taken from the town, OH [Docket No.: FAA-2012-0651; Air- space Docket No.: 12-AGL-7] received April 9, structure. Speaker’s table and referred as follows: 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the f 1139. A letter from the Under Secretary, Committee on Transportation and Infra- Department of Defense, transmitting the De- structure. PUBLIC BILLS AND RESOLUTIONS partment’s Evaluation of the TRICARE Pro- 1151. A letter from the Paralegal Spe- Under clause 2 of rule XII, public gram for Fiscal Year 2013, pursuant to 10 cialist, Department of Transportation, trans- bills and resolutions of the following U.S.C. 1073 note; to the Committee on Armed mitting the Department’s final rule — titles were introduced and severally re- Services. Amendment of Class E Airspace; West Union, 1140. A letter from the Under Secretary, IA [Docket No.: FAA-2011-1434; Airspace ferred, as follows: Department of Defense, transmitting a letter Docket No.: 11-ACE-27] received April 9, 2013, By Mr. COURTNEY (for himself, Mr. on the approved retirement of Lieutenant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- LARSON of Connecticut, Ms. General Daniel P. Bolger, United States mittee on Transportation and Infrastruc- DELAURO, Ms. PINGREE of Maine, and Army, and his advancement on the retired ture. Mr. SCHRADER): list in the grade of lieutenant general; to the 1152. A letter from the Paralegal Spe- H.R. 1590. A bill to amend the Specialty Committee on Armed Services. cialist, Department of Transportation, trans- Crops Competitiveness Act of 2004 to include 1141. A letter from the Acting Chairman, mitting the Department’s final rule — farmed shellfish as specialty crops; to the National Foundation on the Arts and the Hu- Amendment of Class E Airspace; Decorah, IA Committee on Agriculture. manities, transmitting the Federal Council [Docket No.: FAA-2011-1433; Airspace Docket By Mr. CARTER (for himself, Mr. BUR- on the Arts and the Humanities’ thirty-sev- No.: 11-ACE-26] received April 9, 2013, pursu- GESS, Ms. SPEIER, Mr. KING of New enth annual report on the Arts and Artifacts ant to 5 U.S.C. 801(a)(1)(A); to the Committee York, Mr. MCCAUL, and Mr. RANGEL): Indemnity Program for fiscal year 2012; to on Transportation and Infrastructure. H.R. 1591. A bill to amend the Public the Committee on Education and the Work- 1153. A letter from the Paralegal Spe- Health Service Act to provide for the estab- force. cialist, Department of Transportation, trans- lishment and maintenance of an undiagnosed 1142. A letter from the Director, Defense mitting the Department’s final rule — Estab- diseases network, and for other purposes; to Security Cooperation Agency, transmitting lishment of Class E Airspace; Tecumseh, NE the Committee on Energy and Commerce.

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By Mr. MICA (for himself, Ms. WILSON SON of Indiana, Mr. CASTRO of Texas, H.R. 1599. A bill to amend section 520E of of Florida, Mr. DIAZ-BALART, Ms. Mr. CICILLINE, Ms. CLARKE, Mr. the Public Health Service Act to require WASSERMAN SCHULTZ, Mr. RADEL, Mr. COHEN, Mr. CONNOLLY, Ms. DELAURO, States and their designees receiving grants HASTINGS of Florida, Mr. ROONEY, Mr. Ms. DELBENE, Mr. DINGELL, Mr. for development or implementation of state- BUCHANAN, Mr. GARCIA, Ms. ROS- DOYLE, Ms. DUCKWORTH, Ms. wide suicide early intervention and preven- LEHTINEN, and Mr. MILLER of Flor- EDWARDS, Ms. ESTY, Mr. GRIJALVA, tion strategies to consult with each Feder- ida): Mr. HIGGINS, Mr. HIMES, Mr. HINO- ally recognized Indian tribe, tribal organiza- H.R. 1592. A bill to provide for the convey- JOSA, Mr. HOLT, Mr. HORSFORD, Ms. tion, and urban Indian organization in the ance of the David W. Dyer Federal Building JACKSON LEE, Mr. KILMER, Mr. LAN- State; to the Committee on Energy and Com- and United States Courthouse in Miami, GEVIN, Mr. LARSEN of Washington, merce. Florida, to Miami Dade College in Miami Mr. LARSON of Connecticut, Ms. LEE By Mr. GRIJALVA: Dade County, Florida; to the Committee on of California, Mr. LEWIS, Mr. H.R. 1600. A bill to prescribe procedures for Transportation and Infrastructure. LOEBSACK, Mrs. CAROLYN B. MALONEY effective consultation and coordination by By Ms. SPEIER (for herself, Mr. AN- of New York, Mr. MARKEY, Mr. Federal agencies with federally recognized DREWS, Ms. BASS, Mr. BECERRA, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. Indian tribes regarding Federal Government activities that impact tribal lands and inter- BERA, Mr. BLUMENAUER, Ms. MOORE, Mr. NADLER, Ms. NORTON, Mr. ests to ensure that meaningful tribal input is BONAMICI, Mr. BRADY of Pennsyl- PETERS of Michigan, Ms. PINGREE of an integral part of the Federal decision- vania, Mr. BRALEY of Iowa, Ms. Maine, Mr. POLIS, Mr. RANGEL, Mr. making process; to the Committee on Nat- BROWN of Florida, Mr. BUTTERFIELD, RYAN of Ohio, Ms. LORETTA SANCHEZ ural Resources. Mr. CAPUANO, Mr. CARSON of Indiana, of California, Mr. SARBANES, Ms. By Mr. GRIJALVA (for himself, Ms. Mr. CARTWRIGHT, Ms. CASTOR of Flor- SCHAKOWSKY, Mr. SCHIFF, Mr. SCHRA- CHU, Mr. CONYERS, Ms. NORTON, Ms. ida, Ms. CHU, Mr. CICILLINE, Ms. DER, Ms. SCHWARTZ, Ms. SHEA-POR- LEE of California, Ms. SCHAKOWSKY, CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. TER, Ms. SLAUGHTER, Mr. TONKO, Mr. and Mr. SERRANO): COHEN, Mr. CONNOLLY, Mr. CONYERS, VAN HOLLEN, Mr. VELA, Mr. WALZ, H.R. 1601. A bill to amend title XVI of the Mr. CROWLEY, Mr. CUMMINGS, Mr. Mr. WAXMAN, Mr. WELCH, Mr. YAR- Social Security Act to update eligibility for DANNY K. DAVIS of Illinois, Mr. MUTH, Mr. CONYERS, Mr. AL GREEN of the supplemental security income program, DEFAZIO, Ms. DEGETTE, Ms. Texas, Ms. ROYBAL-ALLARD, Mr. DELAURO, Mr. DELANEY, Mr. DOG- and for other purposes; to the Committee on THOMPSON of California, Mr. PETERS Ways and Means. GETT, Ms. EDWARDS, Mr. ELLISON, Ms. of California, Mr. TIERNEY, Mr. ESHOO, Mr. FARR, Mr. FATTAH, Ms. By Mr. GRIJALVA: LYNCH, Mr. CARTWRIGHT, Mr. BEN H.R. 1602. A bill to amend the Internal Rev- FRANKEL of Florida, Mr. GARAMENDI, ´ RAY LUJAN of New Mexico, Mr. enue Code of 1986 to allow Indian tribes to Mr. AL GREEN of Texas, Mr. GRI- VARGAS, Ms. BORDALLO, Ms. ESHOO, transfer the credit for electricity produced JALVA, Mr. GUTIERREZ, Ms. HAHN, Mr. Ms. CASTOR of Florida, Ms. TITUS, from renewable resources; to the Committee HASTINGS of Florida, Mr. HOLT, Mr. Mrs. DAVIS of California, Mr. ELLI- on Ways and Means. HONDA, Mr. HUFFMAN, Ms. JACKSON SON, Mr. ENYART, Mr. FOSTER, Mr. By Mr. GRIMM (for himself, Mr. KING LEE, Mr. JOHNSON of Georgia, Mr. GENE GREEN of Texas, Mr. KILDEE, of New York, and Mr. MEEKS): JONES, Ms. KAPTUR, Mr. KEATING, Mr. Mr. KIND, Mr. MATHESON, Mr. MCIN- H.R. 1603. A bill to support and promote KIND, Ms. LEE of California, Mr. TYRE, Mr. O’ROURKE, Mr. RUSH, Mr. community financial institutions in the mu- LEWIS, Mr. LEVIN, Mr. BEN RAY SABLAN, Mr. SMITH of Washington, tual form, and for other purposes; to the ´ LUJAN of New Mexico, Mrs. CAROLYN Mr. CAPUANO, and Ms. WILSON of Committee on Financial Services. B. MALONEY of New York, Mr. MAR- Florida): By Mr. LAMBORN: KEY, Ms. MATSUI, Mrs. MCCARTHY of H.R. 1595. A bill to amend the Higher Edu- H.R. 1604. A bill to establish the National New York, Ms. MCCOLLUM, Mr. cation Act of 1965 to extend the reduced in- Geospatial Technology Administration with- MCGOVERN, Mr. MCNERNEY, Mr. terest rate for Federal Direct Stafford in the United States Geological Survey to GEORGE MILLER of California, Ms. Loans; to the Committee on Education and enhance the use of geospatial data, products, MOORE, Mrs. NAPOLITANO, Ms. NOR- the Workforce. technology, and services, to increase the TON, Mr. PAYNE, Mr. PERLMUTTER, By Mr. DEFAZIO: economy and efficiency of Federal geospatial Ms. PINGREE of Maine, Mr. POLIS, Mr. H.R. 1596. A bill to increase the employ- activities, and for other purposes; to the QUIGLEY, Mr. RANGEL, Mr. RAHALL, ment of Americans by requiring State work- Committee on Natural Resources, and in ad- Ms. ROYBAL-ALLARD, Ms. SCHA- force agencies to certify that employers are dition to the Committees on Oversight and KOWSKY, Ms. SCHWARTZ, Mr. SCHRA- actively recruiting Americans and that Government Reform, Science, Space, and DER, Mr. THOMPSON of California, Mr. Americans are not qualified or available to Technology, and Agriculture, for a period to THOMPSON of Mississippi, Mr. TIER- fill the positions that the employer wants to be subsequently determined by the Speaker, NEY, Ms. TITUS, Mr. TONKO, Mr. fill with H-2B nonimmigrants; to the Com- in each case for consideration of such provi- WALZ, Ms. WATERS, Mr. WELCH, Ms. mittee on the Judiciary. sions as fall within the jurisdiction of the WILSON of Florida, and Mr. LARSON of By Mr. DEUTCH: committee concerned. Connecticut): H.R. 1597. A bill to amend the Internal Rev- By Mr. LARSON of Connecticut: H.R. 1593. A bill to amend title 10, United enue Code of 1986 to provide a credit to indi- H.R. 1605. A bill to protect Second Amend- States Code, to improve the prevention of viduals for legal expenses paid with respect ment rights, ensure that all individuals who and response to sexual assault in the Armed to establishing guardianship of a disabled in- should be prohibited from buying a firearm Forces by establishing a Sexual Assault dividual; to the Committee on Ways and are listed in the National Instant Criminal Oversight and Response Council and an en- Means. Background Check System, and provide a re- hanced Sexual Assault Oversight and Re- By Mr. GRIFFIN of Arkansas (for him- sponsible and consistent background check sponse Office and by requiring the appoint- self, Mr. GRIFFITH of Virginia, Mr. process; to the Committee on the Judiciary, ment of a Director of Military Prosecutions MCGOVERN, Ms. SHEA-PORTER, Mr. and in addition to the Committees on Vet- for sexual-related offenses committed by a NUNNELEE, Ms. HANABUSA, Mr. BLU- erans’ Affairs, and Energy and Commerce, member of the Armed Forces, and for other MENAUER, Ms. BORDALLO, Ms. for a period to be subsequently determined purposes; to the Committee on Armed Serv- SLAUGHTER, Mr. KEATING, Mr. HIMES, by the Speaker, in each case for consider- ices. Mr. RUSH, Mrs. HARTZLER, Mr. JONES, ation of such provisions as fall within the ju- By Mr. CASSIDY (for himself, Mr. Ms. NORTON, Mr. BRADY of Pennsyl- risdiction of the committee concerned. BRIDENSTINE, Mr. LAMALFA, Mrs. vania, Mr. WESTMORELAND, Mr. By Mr. NEUGEBAUER: NOEM, Mr. POSEY, Mr. FLEMING, and RAHALL, Mr. GRIJALVA, Mrs. MILLER H.R. 1606. A bill to amend the Federal Crop Mr. OLSON): of Michigan, Mr. HASTINGS of Florida, Insurance Act to make available to pro- H.R. 1594. A bill to prohibit the use of Fed- Mr. VAN HOLLEN, Mr. BUCSHON, Mr. ducers a supplemental coverage option based eral funds for the costs of official portraits of HECK of Washington, Mr. on both an individual yield and loss basis members of Congress, heads of executive BRIDENSTINE, Mr. LATTA, Mr. LONG, and an area yield and loss basis in order to agencies, or heads of offices of the legislative Mr. TAKANO, Mr. OLSON, Mr. WITT- allow producers to cover all or a portion of branch; to the Committee on House Adminis- MAN, Mr. STEWART, Mr. FITZPATRICK, their deductible under the individual yield tration, and in addition to the Committee on Mr. POLIS, Mrs. ROBY, Mr. and loss policy, to improve the accuracy of Oversight and Government Reform, for a pe- BENTIVOLIO, and Mr. COHEN): actual production history determinations, riod to be subsequently determined by the H.R. 1598. A bill to amend title 38, United and for other purposes; to the Committee on Speaker, in each case for consideration of States Code, to direct the Secretary of Vet- Agriculture. such provisions as fall within the jurisdic- erans Affairs to issue, upon request, veteran By Mrs. NOEM (for herself and Mr. tion of the committee concerned. identification cards to certain veterans; to TERRY): By Mr. COURTNEY (for himself, Mr. the Committee on Veterans’ Affairs. H.R. 1607. A bill to amend the Federal Crop BISHOP of New York, Ms. BONAMICI, By Mr. GRIJALVA (for himself, Mr. Insurance Act to extend certain supple- Mr. BRALEY of Iowa, Mrs. BUSTOS, GARY G. MILLER of California, and mental agricultural disaster assistance pro- Mrs. CAPPS, Mr. CA´ RDENAS, Mr. CAR- Mrs. NAPOLITANO): grams to cover fiscal years 2012 through 2018,

VerDate Mar 15 2010 03:17 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\L17AP7.100 H17APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2124 CONGRESSIONAL RECORD — HOUSE April 17, 2013 and for other purposes; to the Committee on tives, the following statements are sub- By Mr. GRIJALVA: Agriculture. mitted regarding the specific powers H.R. 1600. By Mr. OWENS: granted to Congress in the Constitu- Congress has the power to enact this legis- H.R. 1608. A bill to require the Secretary of lation pursuant to the following: Health and Human Services to promulgate tion to enact the accompanying bill or Article I, Section 8 of the United States regulations regarding the authorship, con- joint resolution. Constitution. tent, format, and dissemination of Patient By Mr. COURTNEY: By Mr. GRIJALVA: Medication Information to ensure patients H.R. 1590. H.R. 1601. receive consistent and high-quality informa- Congress has the power to enact this legis- Congress has the power to enact this legis- tion about their prescription medications lation pursuant to the following: lation pursuant to the following: and are aware of the potential risks and ben- Article I, section 8, Clause 1 and Article U.S. Const. art. I, §§ 1 and 8. efits of prescription medications; to the IV, section 3, Clause 2 of the Constitution of By Mr. GRIJALVA: Committee on Energy and Commerce. the United States grant Congress the author- H.R. 1602. By Mr. PASCRELL (for himself and ity to enact this bill. Congress has the power to enact this legis- Mr. KING of New York): By Mr. CARTER: lation pursuant to the following: H.R. 1609. A bill to authorize the Secretary H.R. 1591. Article I, Section 8 of the United States of Education to make grants to support fire Congress has the power to enact this legis- Constitution. safety education programs on college cam- lation pursuant to the following: By Mr. GRIMM: puses; to the Committee on Education and Article I, Section 8, Clause 1: The Congress H.R. 1603. the Workforce. shall have Power To lay and collect Taxes, Congress has the power to enact this legis- By Mr. RIBBLE (for himself, Mr. WALZ, Duties, Imposts and Excises, to pay the lation pursuant to the following: Mr. GIBBS, Mr. ROKITA, Mr. PETRI, Debts and provide for the common Defence Article I, Section 8, Clause 3 and Mr. DUFFY): and general Welfare of the United States; but By Mr. LAMBORN: H.R. 1610. A bill to amend the Food, Con- all Duties, Imposts and Excises shall be uni- H.R. 1604. servation, and Energy Act of 2008 to author- form throughout the United States; Congress has the power to enact this legis- ize producers on a farm to produce fruits and By Mr. MICA: lation pursuant to the following: vegetables for processing on the base acres of H.R. 1592. Article IV, Section 3— the farm; to the Committee on Agriculture. Congress has the power to enact this legis- Article IV—The States By Mr. RIBBLE: lation pursuant to the following: Section 3—New States H.R. 1611. A bill to authorize the Secretary Article I, Section 8 of the United States The Congress shall have Power to dispose of Agriculture to use funds derived from con- Constitution, specifically Clause 1 (relating of and make all needful Rules and Regula- servation-related programs executed on Na- to providing for the general welfare of the tions respecting the Territory or other Prop- tional Forest System lands to utilize the Ag- United States) and Clause 18 (relating to the erty belonging to the United States; and riculture Conservation Experienced Services power to make all laws necessary and proper nothing in this Constitution shall be so con- Program; to the Committee on Agriculture, for carrying out the powers vested in Con- strued as to Prejudice any Claims of the and in addition to the Committee on Natural gress), and Article IV, Section 3, Clause 2 (re- United States, or of any particular State. Resources, for a period to be subsequently lating to the power of Congress to dispose of By Mr. LARSON of Connecticut: determined by the Speaker, in each case for and make all needful rules and regulations H.R. 1605. consideration of such provisions as fall with- Congress has the power to enact this legis- in the jurisdiction of the committee con- respecting the territory or other property belonging to the United States). lation pursuant to the following: cerned. Article I, Section 8, Clause 6 By Ms. SPEIER: By Mr. ROGERS of Alabama (for him- The Congress shall have Power . . . To H.R. 1593. self, Mr. ADERHOLT, Mr. BACHUS, Mr. Congress has the power to enact this legis- make all Laws which shall be necessary and BONNER, Mr. BROOKS of Alabama, lation pursuant to the following: proper for carrying into Execution the fore- Mrs. ROBY, and Ms. SEWELL of Ala- This bill is enacted pursuant to the power going Powers, and all other Powers veted by bama): granted to Congress under Article 1, Section this Constitution in the Government of the H.R. 1612. A bill to direct the Secretary of United States, or in any Department or Offi- Veterans Affairs to convey a parcel of land 8 of the United States Constitution. By Mr. CASSIDY: cer thereof. in Tuskegee, Alabama, to Tuskegee Univer- By Mr. NEUGEBAUER: sity, and for other purposes; to the Com- H.R. 1594. Congress has the power to enact this legis- H.R. 1606. mittee on Veterans’ Affairs. Congress has the power to enact this legis- By Mr. LATHAM (for himself, Mr. lation pursuant to the following: Article I, Section 8, Clause 1 of the United lation pursuant to the following: COLE, Mr. DUFFY, Mr. FITZPATRICK, States Constitution Article I, Section 8, Clauses 1 ‘‘The Con- Mr. FORTENBERRY, Mr. HANNA, Mr. By Mr. COURTNEY: gress shall have Power To lay and collect KING of Iowa, and Mr. NUGENT): H.R. 1595. Taxes, Duties, Imposts and Excises, to pay H. Res. 166. A resolution condemning any the Debts and provide for the common De- proposals for the arbitrary seizure of funds Congress has the power to enact this legislation pursuant to the following: fense and general Welfare of the United from federally insured deposit accounts in States; but all Duties, Imposts and Excises the United States by the Government with- Article I, Section 8, Clause 3 shall be uniform throughout the United out due process; to the Committee on Finan- The Congress shall have Power . . . To reg- States’’, 18 (‘‘To make all Laws which shall cial Services. ulate Commerce with foreign Nations, and be necessary and proper for carrying into By Mr. GRAVES of Missouri (for him- among the several States, and with the In- Execution the foregoing Powers, and all self, Mr. HANNA, Mr. SCHIFF, Mr. dian Tribes. other Powers vested by this Constitution in PAYNE, Mr. SIMPSON, Ms. BORDALLO, By Mr. DEFAZIO: H.R. 1596. the Government of the United States, or in Mr. LOEBSACK, Mr. NEAL, Mr. HOLT, Congress has the power to enact this legis- any Department or Officer thereof’’). Mr. GUTHRIE, Mr. ROE of Tennessee, lation pursuant to the following: By Mrs. NOEM: and Mr. WALZ): H. Res. 167. A resolution recognizing the Article I Section 8. Clause 4. H.R. 1607. Congress has the power to enact this legis- roles and contributions of America’s teach- To establish an uniform Rule of Natu- ers to building and enhancing our Nation’s ralization, and uniform Laws on the subject lation pursuant to the following: Article I, Section 8, Clause 3, the Com- civic, cultural, and economic well-being; to of Bankruptcies throughout the United the Committee on Education and the Work- States merce Clause. force. By Mr. DEUTCH: By Mr. OWENS: H.R. 1608. By Mr. MARKEY (for himself, Mr. H.R. 1597. Congress has the power to enact this legis- Congress has the power to enact this legis- NEAL, Mr. MCGOVERN, Mr. KENNEDY, lation pursuant to the following: lation pursuant to the following: Ms. TSONGAS, Mr. TIERNEY, Mr. CAPU- Article I, Section 8, Clause 1 of the U.S. This bill is enacted pursuant to the power ANO, Mr. LYNCH, and Mr. KEATING): granted to Congress under Article I, Section H. Res. 168. A resolution condemning the Constitution. horrific attacks of April 15, 2013, in Boston, By Mr. GRIFFIN of Arkansas: 8, of the United States Constitution. Massachusetts, and expressing support, sym- H.R. 1598. By Mr. PASCRELL: pathy, and prayers for all persons impacted Congress has the power to enact this legis- H.R. 1609. by this tragedy; to the Committee on Over- lation pursuant to the following: Congress has the power to enact this legis- sight and Government Reform. Article I, section 8 of the Constitution of lation pursuant to the following: the United States. Congress has the power to enact this legis- f By Mr. GRIJALVA: lation pursuant to Article I, Section 8, CONSTITUTIONAL AUTHORITY H.R. 1599. Clause 3 of the United States Constitution. STATEMENT Congress has the power to enact this legis- By Mr. RIBBLE: lation pursuant to the following: H.R. 1610. Pursuant to clause 7 of rule XII of Article I, Section 8 of the United States Congress has the power to enact this legis- the Rules of the House of Representa- Constitution. lation pursuant to the following:

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Article I, Section 8, Clause 1 of the United H.R. 763: Mr. WALBERG, Mr. WENSTRUP, Mr. H.R. 1249: Mr. SMITH of Washington and Mr. States Constitution. DIAZ-BALART, Mr. POMPEO, Mr. HANNA, Mr. POE of Texas. By Mr. RIBBLE: AUSTIN SCOTT of Georgia, Mr. NEUGEBAUER, H.R. 1250: Mr. GRAVES of Georgia. H.R. 1611. and Mr. REICHERT. H.R. 1252: Mr. RYAN of Ohio, Mr. COFFMAN, Congress has the power to enact this legis- H.R. 769: Mr. ENYART. and Ms. SCHAKOWSKY. lation pursuant to the following: H.R. 786: Mrs. CAPPS. H.R. 1276: Mr. BRALEY of Iowa, Mr. Article I, Section 8, Clause 1 of the United H.R. 792: Mr. CLAY. CICILLINE, Mr. COHEN, Mr. CRAWFORD, Mr. States Constitution. H.R. 807: Mr. CRAWFORD, Mrs. ELLMERS, DOYLE, Mr. FITZPATRICK, Mr. GIBSON, Mr. By Mr. ROGERS of Alabama: and Mr. COBLE. GENE GREEN of Texas, Mr. GUTIERREZ, Ms. H.R. 1612. H.R. 809: Mr. DUNCAN of Tennessee. HANABUSA, Mr. LANGEVIN, Mr. LOEBSACK, Mr. Congress has the power to enact this legis- H.R. 820: Mr. RANGEL and Mrs. MARINO, Mr. MARKEY, Ms. MCCOLLUM, Mr. lation pursuant to the following: CHRISTENSEN. ROGERS of Michigan, Ms. LORETTA SANCHEZ Article 1, Section 8, Clause 1—This bill pro- H.R. 846: Mr. DENHAM, Mr. GINGREY of of California, Mr. SENSENBRENNER, Mr. motes the general welfare of the United Georgia, Mr. RAHALL, and Mrs. LUMMIS. TONKO, Mr. WITTMAN, and Mr. YARMUTH. H.R. 847: Mr. MURPHY of Florida and Mr. States by returning vacant land to its origi- H.R. 1286: Mr. ANDREWS. SHERMAN. nal charitable donor, Tuskegee University. H.R. 1288: Mr. COHEN, Mr. FORBES, Mrs. H.R. 851: Mr. BRADY of Pennsylvania. Article 1, Section 8, Clause 18—Creates CHRISTENSEN, and Mr. LATHAM. H.R. 855: Mr. MAFFEI. necessary and proper authority for the Sec- H.R. 1354: Ms. WILSON of Florida and Ms. H.R. 892: Ms. SCHWARTZ. retary of Veterans Affairs to convey the va- CASTOR of Florida. H.R. 893: Mr. CHABOT and Mr. STOCKMAN. cant land to Tuskegee University. H.R. 1355: Mr. AUSTIN SCOTT of Georgia, H.R. 894: Mr. COHEN. CALISE OHO EADOWS f H.R. 904: Mr. WEBER of Texas, Mr. ROSKAM, Mr. S , Mr. Y , Mr. M , Mr. DESJARLAIS, Mr. FRANKS of Arizona, and Mr. ADDITIONAL SPONSORS and Mr. FORBES. H.R. 906: Mr. POCAN, Mr. MORAN, and Mr. BARTON. Under clause 7 of rule XII, sponsors BILIRAKIS. H.R. 1362: Mr. OWENS. were added to public bills and resolu- H.R. 938: Mr. GARDNER, Ms. HERRERA H.R. 1406: Mr. STUTZMAN, Mr. WITTMAN, Mr. tion as follows: BEUTLER, Mr. LARSON of Connecticut, Mr. LABRADOR, Mr. HOLDING, Mr. BISHOP of Utah, ROSS, Mr. MULVANEY, Mr. PERLMUTTER, Ms. Mr. DESANTIS, Mr. RIBBLE, Mr. JOHNSON of H.R. 139: Mr. CARTWRIGHT. WILSON of Florida, Mr. GRAYSON, Mr. COT- Ohio, Mr. GIBBS, Mr. BENTIVOLIO, Mr. HAR- H.R. 164: Mr. STEWART, Mrs. ELLMERS, Mr. TON, Mr. WEBER of Texas, Ms. DELAURO, Mr. RIS, Mr. REICHERT, Mr. VALADAO, Mr. COL- GRIMM, Mr. PETERSON, and Mr. PAULSEN. RENACCI, Mr. ROYCE, and Mr. SESSIONS. LINS of New York, Mr. COFFMAN, Mr. THOMP- H.R. 198: Mr. MCDERMOTT. H.R. 940: Mr. GOSAR. SON of Pennsylvania, Mr. NUNES, Mr. H.R. 274: Mrs. BUSTOS and Ms. SINEMA. H.R. 949: Ms. SCHWARTZ, Mr. BRADY of CRAWFORD, Mr. MULVANEY, Mr. LATHAM, Mr. H.R. 300: Mr. YODER. Pennsylvania, and Ms. DELAURO. MEADOWS, and Mr. GARRETT. H.R. 335: Mr. GARAMENDI. H.R. 959: Mr. SHIMKUS and Mr. PITTS. H.R. 1416: Mrs. WALORSKI, Mrs. CAPITO, Mr. H.R. 357: Mr. RUNYAN. H.R. 961: Mr. LOBIONDO and Mrs. CAROLYN LANCE, Mrs. HARTZLER, Mr. CRAWFORD, Mrs. H.R. 377: Mr. RUIZ and Ms. SEWELL of Ala- B. MALONEY of New York. BLACK, Mr. KINZINGER of Illinois, Mrs. bama. H.R. 962: Mr. PETERS of California. CHRISTENSEN, Mr. HIGGINS, Mr. MEADOWS, H.R. 382: Mr. RADEL and Mr. BURGESS. H.R. 974: Mr. HECK of Washington. and Mr. YOUNG of Florida. OHNSON H.R. 445: Mr. J of Georgia. H.R. 997: Mr. YOUNG of Florida. H.R. 1427: Ms. TITUS. H.R. 452: Mr. SWALWELL of California, Mr. H.R. 1010: Ms. SHEA-PORTER. H.R. 1435: Mr. GRIJALVA. COURTNEY, Mr. PALLONE, Mr. TONKO, Mr. HIG- H.R. 1014: Mr. COLE. H.R. 1466: Ms. BORDALLO, Ms. DELAURO, Ms. GINS, and Mrs. LOWEY. H.R. 1015: Mr. GERLACH and Mr. WOLF. SCHAKOWSKY, Mr. POCAN, Ms. SLAUGHTER, H.R. 485: Mr. SWALWELL of California and H.R. 1026: Mr. GOSAR, Mr. LUCAS, Mr. Mr. RYAN of Ohio, Ms. TITUS, Ms. EDWARDS, Ms. TITUS. WEBER of Texas, and Mr. RIBBLE. and Mr. YARMUTH. H.R. 495: Mr. NUNES. H.R. 1029: Mr. BRADY of Pennsylvania. H.R. 1494: Mr. LATTA and Mrs. DAVIS of H.R. 521: Ms. SINEMA. H.R. 1074: Mr. TAKANO, Mr. GENE GREEN of California. H.R. 523: Mr. KING of New York, Mr. HUD- Texas, and Mr. BISHOP of New York. H.R. 1496: Mr. COSTA. SON, Mr. DESJARLAIS, Mr. HENSARLING, Mr. H.R. 1077: Mr. COTTON, Mr. GRIFFIN of Ar- H.R. 1502: Mr. GOHMERT and Mr. NEUGE- LABRADOR, Mrs. LUMMIS, Mr. GARY G. MIL- kansas, and Mr. FINCHER. BAUER LER of California, Mr. RIGELL, Ms. ROS- H.R. 1078: Mr. SMITH of Nebraska. H.R. 1528: Mr. PETERSON and Mr. DUNCAN of LEHTINEN, Mr. RUNYAN, Mr. SOUTHERLAND, H.R. 1095: Mr. KLINE. Tennessee. Mr. WOODALL, and Mr. YOUNG of Alaska. H.R. 1130: Ms. LEE of California. H.R. 1538: Mr. VELA. H.R. 525: Mr. RADEL. H.R. 1149: Ms. MCCOLLUM. H.R. 1549: Mrs. ELLMERS, Mr. WALDEN, Mr. H.R. 526: Mr. SCHIFF. H.R. 1173: Mr. LEVIN and Mr. LARSON of H.R. 556: Mr. CHABOT, Mr. STOCKMAN, Mr. Connecticut. CASSIDY, Mr. JOHNSON of Ohio, Mr. LONG, Mr. TERRY, and Mr. HALL. YOHO, and Mr. GRAVES of Georgia. H.R. 1179: Mr. BISHOP of Georgia and Mr. H.R. 627: Mr. VELA, Ms. BASS, Mrs. DAVIS of OWENS. H.R. 1551: Mr. WESTMORELAND, Mr. RIGELL, California, Ms. JACKSON LEE, Ms. TITUS, Mr. H.R. 1199: Mr. COHEN, Mr. WALZ, Mr. KIL- Mr. GRAVES of Missouri, Mr. SCHOCK, and Mr. THOMPSON of Mississippi, Mr. MER, Mr. MEEKS, Ms. CHU, Mr. BISHOP of New BUTTERFIELD. FALEOMAVAEGA, Mr. LEWIS, Mr. PIERLUISI, York, Mr. SARBANES, Mr. DINGELL, Mr. H.R. 1588: Ms. DEGETTE, Ms. CASTOR of Mrs. NOEM, Mr. TERRY, Mr. ROSKAM, Ms. DELANEY, Mr. SCHRADER, and Ms. DELBENE. Florida, Mrs. CHRISTENSEN, Mr. RUSH, Ms. SINEMA, Mrs. WAGNER, Mrs. WALORSKI, Mr. H.R. 1209: Mr. BENTIVOLIO, Mr. WENSTRUP, SCHAKOWSKY, Mr. SARBANES, Mr. RANGEL, HULTGREN, Mr. LUETKEMEYER, Mr. HUFFMAN, Mr. VELA, Mr. FLORES, Mrs. BLACK, Mrs. and Mr. ENGEL. Ms. SCHWARTZ, Mr. OLSON, Mr. DOYLE, Mr. BLACKBURN, Mr. DESJARLAIS, Mr. FINCHER, H. Con. Res. 4: Mr. LONG. CUMMINGS, Mr. MARCHANT, Mr. GRIFFIN of Mr. KEATING, Mr. BARTON, Mr. DUNCAN of H. Con. Res. 23: Mr. ROSKAM. Arkansas, Mr. WOLF, Mr. FORBES, Mr. Tennessee, Mr. DAINES, Mrs. MCMORRIS ROD- H. Res. 36: Mrs. NOEM, Mr. ROONEY, and Mr. STUTZMAN, Mr. LARSEN of Washington, Mr. GERS, Mr. REICHERT, Mr. JONES, Mr. PETERS LUETKEMEYER. ANDREWS, Mr. CA´ RDENAS, and Mr. VEASEY. of California, Mr. FLEISCHMANN, Mr. KING- H. Res. 76: Mr. LONG. H.R. 649: Mr. FARR. STON, Ms. EDWARDS, and Mr. FORBES. H. Res. 134: Mr. WOLF and Mr. TERRY. H.R. 693: Mr. DUNCAN of Tennessee. H.R. 1242: Mr. BARR. H. Res. 144: Mr. LANCE. H.R. 721: Mr. ANDREWS. H.R. 1245: Ms. LORETTA SANCHEZ of Cali- H. Res. 154: Mr. RANGEL, Ms. BORDALLO, H.R. 724: Mr. MULVANEY, Mr. BENISHEK, and fornia, Ms. JACKSON LEE, Ms. CLARKE, Mr. Ms. HAHN, Ms. LOFGREN, Mr. GEORGE MILLER Mr. PALAZZO. HIGGINS, Mr. KEATING, Mr. PAYNE, Ms. of California, Mr. PETERS of California, Ms. H.R. 730: Mr. POE of Texas. GABBARD, Mr. HORSFORD, Mr. SWALWELL of LINDA T. SA´ NCHEZ of California, Mr. SCHIFF, H.R. 732: Mr. BENTIVOLIO. California, Mr. DINGELL, Mr. CONNOLLY, Ms. Mr. SHERMAN, Mr. THOMPSON of California, H.R. 755: Ms. MATSUI. HAHN, and Mr. GALLEGO. and Mr. HONDA.

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Vol. 159 WASHINGTON, WEDNESDAY, APRIL 17, 2013 No. 52 Senate The Senate met at 9:30 a.m. and was ator from the State of Hawaii, to perform were gunned down, most of them shot called to order by the Honorable BRIAN the duties of the Chair. multiple times. But we will also honor SCHATZ, a Senator from the State of PATRICK J. LEAHY, the teachers and administrators who Hawaii. President pro tempore. were killed that day in Newtown, CT. Mr. SCHATZ thereupon assumed the We are also going to honor with this PRAYER chair as Acting President pro tempore. legislation tens of thousands of others The Chaplain, Dr. Barry C. Black, of- f who are killed by guns each year in fered the following prayer: America. We are going to do that by RECOGNITION OF THE MAJORITY voting on a number of measures to Let us pray. LEADER O Lord God of Hosts, we found Your strengthen the laws to prevent gun vio- words, and they caused our hearts to The ACTING PRESIDENT pro tem- lence in this Nation. The families of the innocents killed rejoice. Thank You for Your abiding pore. The majority leader is recog- in Newtown and Aurora, in Carson City presence and for the illumination of nized. and Blacksburg, in Oak Creek and Col- Your wisdom. Inspire our lawmakers. f umbine, deserve these votes. Make their spirits great enough for SCHEDULE Where do I stand on these Demo- these challenging days. Upon the fre- Mr. REID. Mr. President, following cratic proposals? netic pace of their day, drop the dew of This afternoon the Senate will vote Your kindness. Bless the members of leader remarks this morning the Sen- ate will resume consideration of the on a compromise background check the legislative staff who labor with proposal crafted by Senators MANCHIN, diligence into the night. gun safety legislation. Under an agreement reached yesterday, the debate TOOMEY, KIRK, and SCHUMER—all expe- Again, Lord, we ask You to sustain rienced legislators. I very much appre- the victims of the Boston bombings. time until 4 p.m. will be equally divided between the two leaders or their ciate their principled stands on legisla- Bring healing to those who were in- tion supported by 90 percent of the jured and solace to those who mourn. designees. At 4 p.m. there will be a series of up to nine votes in relation to American people. We pray in Your sacred Name. Amen. The American people overwhelm- amendments to the bill. ingly support this commonsense pro- f f posal which would close gaping loop- PLEDGE OF ALLEGIANCE MEASURE PLACED ON THE holes in the law and keep guns out of CALENDAR—S. 743 the hands of bad people—criminals— The Honorable BRIAN SCHATZ led the and people with severe mental illness. Pledge of Allegiance, as follows: Mr. REID. Mr. President, I am told What it would not do—what it would I pledge allegiance to the Flag of the that S. 743 is due for a second reading. not do is create a national registry of United States of America, and to the Repub- The ACTING PRESIDENT pro tem- guns or gun owners. In fact, that is spe- lic for which it stands, one nation under God, pore. The clerk will read the title of cifically outlawed in the legislation. I indivisible, with liberty and justice for all. the bill for the second time. refer everyone to page 27 of the The assistant legislative clerk read f Manchin-Toomey compromise legisla- as follows: tion. It not only bans a registry, but it APPOINTMENT OF ACTING A bill (S. 743) to restore States’ sovereign creates a 15-year felony sentence for PRESIDENT PRO TEMPORE rights to enforce State and local sales and any government official found storing use tax laws, and for other purposes. these gun records. So please start talk- The PRESIDING OFFICER. The Mr. REID. Mr. President, I would ob- clerk will please read a communication ing about that, all the opponents of ject to any further proceedings in re- this bill. Because it is absolutely false, to the Senate from the President pro gard to this bill. tempore (Mr. LEAHY). it is untrue, and it is unfair. Claims The ACTING PRESIDENT pro tem- that this legislation would create a gun The assistant legislative clerk read pore. Objection having been heard, the the following letter: registry are nothing more than shame- bill will be placed on the calendar. ful scare tactics. U.S. SENATE, If any of my colleagues wish to vote PRESIDENT PRO TEMPORE, f against stronger background checks, Washington, DC, April 17, 2013. PREVENTING GUN VIOLENCE To the Senate: go ahead and do it and oppose the will Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, today this of the American people. of the Standing Rules of the Senate, I hereby august body will honor the memory of That is their right. But the American appoint the Honorable BRIAN SCHATZ, a Sen- 20 first grade children. Little babies people have a very long memory. To

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

S2697

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Obviously, no. nal on the streets of the United States spread misinformation or sow seeds of The military has rocket-propelled of America, our country, armed with a fear about this critical antiviolence grenades, other kinds of rockets, ma- weapon designed to kill who took Mi- legislation. But that is what they are chine guns, tanks, fighter jets. Should chael’s life—his young life. doing, that is what they have done, and civilians have those also? Please. It Here is what his mom said: it is absolutely false and misleading. does not make sense. He was finally safe. In our country. And Assault weapons, we are going to So I decided the answer is no. In a somebody here kills him. vote on Senator FEINSTEIN’s proposal civil society, where we have to balance That is what she said. That is a trag- to ban assault weapons. She has been individual rights with public safety, edy, and it is one we could have pre- stalwart in her advocacy for this legis- there should be limits—significant lim- vented by keeping weapons of war off lation. its—on the kind of destructive weapons the streets. We can keep them off the I am a strong supporter of the Second people are allowed to own. streets. We should keep them off the Amendment, Americans’ right to keep I believe—I repeat for the second streets. and bear arms. That is how I earned a time today—in the right to own a gun In the 1920s, organized crime was B grade with the National Rifle Asso- to protect your home and your family, committing murders with machine ciation. to hunt, to go target practicing. I will guns. We have seen them in the mov- When I was a 12-year-old little boy, continue to defend that right as long as ies—the Valentine’s Day Massacre. So in Searchlight, NV, my parents sent I am serving the people of Nevada. Congress dramatically limited the sale away for a Sears catalog and bought But you do not need an assault weap- and transfer of machine guns a long time ago. As a result, machine guns ba- me a 12 gauge shotgun—a great big on to defend yourself or your property. sically disappeared from the streets. gun. That gun held five in the tube and Assault weapons have one purpose and They are in the movies, but private you put one in the chamber—six 12 one purpose only: to kill a large num- citizens do not have them. ber of people very quickly. This goes gauge shotgun shells. We can and should take the same I carried a handgun when I was a po- well beyond the purpose of self-defense. commonsense approach to safeguard The desire to arm ourselves against lice officer and, frankly, on other occa- Americans from modern weapons of the young men and women who will- sions. From where I come from, people war, assault weapons. That is why I ingly risk their lives to defend our free- own guns as a matter of course—for will vote for DIANNE FEINSTEIN’s as- self-defense and for hunting and for doms—soldiers, sailors, marines; the sault weapons ban; we must strike a sportsman activities, target shooting. Navy, the Air Force—is not a reason to better balance between the right to de- I still go target shooting basically oppose an assault weapons ban. fend ourselves and the right of every out in my backyard in Searchlight The wish to arm ourselves against child in America to grow up safe from with my grandchildren, but I have al- the police who keep our streets safe is gun violence. I will vote for the ban be- ways had trouble understanding why not a reason to oppose an assault weap- cause maintaining law and order is people need assault weapons to hunt or ons ban. more important than satisfying con- to protect their homes or to target I believe as Americans we have a spiracy theorists who believe in black shoot. right to arm ourselves against crimi- helicopters and false flags. I will vote When the assault weapons ban came nals, but we do not need the ability to for the ban because saving the lives of before the Senate for a vote 10 years arm ourselves against the Army or the police officers, young and old, and in- ago, I called my friends—one in par- police. The U.S. military is not out to nocent civilians, young and old, is ticular who was a real advocate on get us. Federal law enforcement, local more important than preventing imag- guns. He said to me: You know, you police departments, are not out to get ined tyranny. can’t define an assault weapon. Why us. High-capacity magazines—clips is are you doing this? You just can’t de- These conspiracy theories are dan- what I call them my reason for sup- fine an assault weapon. gerous and they should be put to rest. porting a ban on large ammunition He convinced me he was right, so I In the real world—not this conspira- magazines is similar. These large clips voted against that. That seemed rea- torial world that some live in—in the are designed to kill—not to kill a deer sonable to me, and I voted against the real world, in addition to mowing down or a duck or any other game, large or ban. first graders, assault weapons are used small, they are designed to kill hu- Just about a month ago, I called this to shoot down the very people who mans, living, breathing human beings, same friend. I asked if his opinion had have sworn to protect us. people from Hawaii, people from Ken- changed: Generally, no, but specifi- Here is one real-world example in Ne- tucky, people from Nevada—our citi- cally, yes, it had changed. He still op- vada: After serving 9 months in Af- zens. They are designed to kill. poses a ban on assault weapons. ghanistan with his National Guard In fact, it is not even legal to load I said: Tell me why. I found his new unit, SSG Ian Michael Deutch was more than 3 shotgun shells—let alone reasoning absurd, and even though I eager to return to his day job as a po- 30—to hunt birds. I talked to the Pre- care a great deal about my friend, he is lice officer in Nye County, NV. He siding Officer earlier about my shot- headed in the wrong direction. So it could not wait to get back to work. He gun. I told him that it could hold six caused me to reassess my position. survived Afghanistan—bombs, bullets, shells, but we had to plug that gun be- He said: Do police have assault weap- acts of terrorism. He survived. cause that was the law. By law, we had ons? His second day back on the job—sec- to limit the amount of ammo in that I said: Yes, some of them. ond day back on the job—he was shot shotgun, so we had to plug it so it He said: If they have them, I want and killed by a man with an assault could only shoot three—two in the them. weapon with a 30-round clip. magazine, one in the chamber. That Then he said: Does the military have Sergeant Deutch was responding to a way, when you went bird hunting, you assault weapons? domestic dispute in Pahrump, NV, gave birds a sporting chance. You could I said: Yes. when he was shot three times in the only fire three times. As Senator JOE He said: If they have them, I want chest. One of the bullets even pierced MANCHIN of West Virginia—the coura- them. his body armor. An assault weapon geous Senator from West Virginia— I thought for some time about what pierced the body armor the police offi- said, ‘‘I do not know anybody that that statement means. It was not a cer was wearing. needs 30 rounds in a weapon to go hunt- rash decision I made. But what it He was airlifted to Las Vegas, rushed ing.’’ Take 30 and reload. So why means is there should be no limits on into emergency surgery, and he died should we not limit the number of bul- the kinds of weapons private citizens within a few hours. He was 27 years old, lets in a clip? Don’t people deserve as are allowed to own. had survived Afghanistan but not much protection as birds?

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2699 Limiting magazine size will force Part of the healing process is exam- tional rights as citizens. There are shooters bent on taking a life to reload ining what can be done to prevent more many different perspectives on this more often. When this madman with tragedies such as the ones in Newton, issue, and passions are high on all the strange-colored hair walked into CT; Aurora, CO; Oak Creek, WI; Carson sides. That is why I would urge the ma- that Aurora, CO, movie theater with a City, NV; and multiple other places. I jority to allow the full and open semiautomatic weapon and a 100-round believe that if we can save the life of a amendment process we were told the drum magazine, the only thing that single American, we owe to it ourselves Senate would have. Today’s votes are a spared many survivors was the fact to try. That is going to take courage very good start. The American people that the shooter’s gun jammed. Think by some people. deserve the opportunity to be heard on of the carnage, in addition to what al- President Monson, the president of this matter. We should respect that. So ready was so bad, that would have the Mormon Church, said this about let’s approach this debate in the spirit taken place. courage: of transparency that the American peo- In Tucson, AZ—we met here in Wash- Life’s journey is not traveled on a freeway ple expect. ington yesterday with Gabby Giffords, devoid of obstacles, pitfalls and snares. Rath- In my view, we should focus on keep- a woman who was shot right in the er, it is a pathway marked by forks and ing firearms out of the hands of the head by a man who should have not had turnings. Decisions are constantly before us. criminals and those with mental issues a gun. But he emptied a 33-round clip To make them wisely, courage is needed: the that could cause them to be a threat to in less than 30 seconds, killing 6 and in- courage to say, ‘‘no,’’ the courage to say, our society. The government should ‘‘yes.’’ juring many more, including Gabby not punish or harass law-abiding citi- Giffords. The courage today to say yes. Deci- zens in the exercise of their Second In Carson City, NV, a mentally ill sions do determine destiny. Today our Amendment rights. It is that focus on man went to an IHOP during breakfast decision will determine the destiny of protecting communities and preserving time and killed four people. Three of our country. Today I choose to vote my our constituents’ constitutional rights them were National Guard personnel conscience not only as HARRY REID a that will be my guide as we begin to going to work. He shot 80 rounds in 80 Senator but also as a husband, a father, vote on amendments on this bill. seconds using 30-round clips. a grandfather, and I hope a friend to I suggest the absence of a quorum. Limiting the size of clips will not lots and lots of people. I choose to vote The ACTING PRESIDENT pro tem- hurt hunters and sportsmen, but it will my conscience because if a tragedy pore. The clerk will call the roll. save lives. So I am going to vote in strikes again—sorry to say it will—if The assistant legislative clerk pro- support of the Blumenthal-Lautenberg innocents are gunned down in a class- ceeded to call the roll. amendment. room, theater, or restaurant, I would Mrs. FEINSTEIN. Mr. President, I In the case of Carson City, the exam- have trouble living with myself as a ask unanimous consent that the order ple I just gave, let’s talk a little bit Senator, a husband, a father, a grand- for the quorum call be rescinded. about mental health. That incident at father, and a friend knowing I did not The ACTING PRESIDENT pro tem- the IHOP restaurant reveals a tragedy, do everything in my power to prevent pore. Without objection, it is so or- of course, but also the deficiencies in that. dered. this Nation’s mental health treatment f f system. That is another important part RECOGNITION OF THE MINORITY RESERVATION OF LEADER TIME of our discussion about how to prevent LEADER gun violence. We simply have not done The ACTING PRESIDENT pro tem- a good job of providing funding for and The ACTING PRESIDENT pro tempore. Under the previous order, the access to mental health services. This pore. The Republican leader is recog- leadership time is reserved. should be a bipartisan issue. Going nized. f back many years, it was bipartisan— f SAFE COMMUNITIES, SAFE Wellstone-Domenici. SCHOOLS ACT OF 2013 While we have done a better job of TRIBUTE TO POSTAL AND LAW doing certain things in mental health, ENFORCEMENT WORKERS The ACTING PRESIDENT pro tem- we have done a poor job of removing Mr. MCCONNELL. Mr. President, the pore. Under the previous order, the the stigma that keeps Americans from last few days have been trying ones for Senate will resume consideration of S. seeking the treatment they need. We our Nation. Monday’s attack in Boston 649, which the clerk will report by must do better. So the bill reported out reminded us that terrorism can still title. of the HELP Committee, led my Chair- strike anywhere at any time. As yes- The assistant legislative clerk read as follows: man HARKIN, begins the work of im- terday’s news of an attempt to send proving access to critical services. ricin to the Capitol reminds us, it is as A bill (S. 649) to ensure that all individuals I hope to be able to have shortly— important as ever to take the steps who should be prohibited from buying a firearm are listed in the national instant crimi- after we finish this list of amend- necessary to protect Americans from nal background check system and require a ments—the ability to move to Senator those who would do us harm. background check for every firearm sale, and STABENOW’s measure. She has worked This morning I would like to recog- for other purposes. with others on another bipartisan piece nize the postal and law enforcement of- Pending: ficials for their excellent work in de- of legislation to go even further in Manchin amendment No. 715, to protect doing something about the mental tecting and preventing this threat be- Second Amendment rights, ensure that all health problems so that we can allevi- fore it even reached the Capitol. They individuals who should be prohibited from ate, at least on occasion, these terrible proved that the proactive measures we buying a firearm are listed in the National tragedies. put in place do, in fact, work. Instant Criminal Background Check System, As I have said many times, the ef- We have faith that the men and and provide a responsible and consistent forts will not stop every criminal bent women charged to protect the Amer- background check process. on violence, but last year’s terrible ican people will find those responsible The ACTING PRESIDENT pro tem- tragedy in Newtown was a wake-up call for the attack in Boston and for the pore. Under the previous order, the that we are not doing enough to keep letter here at the Capitol. The truth time until 4 p.m. will be equally di- our citizens safe. It is hard to even will eventually come out, and justice vided and controlled between the two comprehend the scope of the tragedy, will be delivered. leaders or their designees. let alone recover from it, but part of f The Senator from California. the healing process is this remarkable AMENDMENT NO. 711 conversation about how to prevent vio- GUN AMENDMENTS (Purpose: To regulate assault weapons, to lence in America. That conversation is Mr. MCCONNELL. Later today the ensure that the right to keep and bear arms taking place in America today because Senate will begin to consider amend- is not unlimited, and for other purposes.) of Boston and because of the thousands ments to legislation that deals with Mrs. FEINSTEIN. Mr. President, I of people killed with guns every year. one of our most fundamental constitu- would like to call up and make pending

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2700 CONGRESSIONAL RECORD — SENATE April 17, 2013 amendment No. 711 to the bill before The pictures of these little victims chased by his mother. While he was dis- us. still bring tears to the eyes of millions. turbed, he had no criminal record or The ACTING PRESIDENT pro tem- I am very impressed with this one page record of mental illness and would not pore. The clerk will report the amend- of the New York Daily News. I carry it have been subject to a background ment. when I speak to people, trying to get check because his mother gave him The assistant legislative clerk read their votes. Some say no, and I look at these weapons. as follows: this picture of these smiling faces, and Let me be clear: Universal back- The Senator from California [Mrs. FEIN- in the middle, ‘‘Shame on U.S.’’ This ground checks are very important. I STEIN], for herself, Mr. SCHUMER, Mr. DURBIN, was the cover of the New York Daily strongly support them, but they would Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. News. I think it carries the message of not have prevented the tragedy in New- FRANKEN, Mr. BLUMENTHAL, Mr. LEVIN, Mr. what we are trying to do here, and I town. HARKIN, Mr. ROCKEFELLER, Ms. MIKULSKI, hope to demonstrate that during the I have watched these mass shootings Mrs. BOXER, Mr. REED, Mr. CARPER, Mr. LAU- escalate over the past 40 years—four TENBERG, Mr. MENENDEZ, Mr. CARDIN, Mrs. time that I speak. GILLIBRAND, Mr. SCHATZ, Mr. MURPHY, Ms. I think the despair that we all felt, decades of my public life. Twenty-nine HIRONO, Ms. WARREN, Mr. COWAN, and Ms. for some of us, has changed to deter- have taken place in just the past dec- Murray, proposes an amendment numbered mination. I believe that this amend- ade, seven in the past year. Military- 711. ment over time will finally begin to ad- style assault weapons are often the Mrs. FEINSTEIN. Mr. President, I dress not only the wanton, brutal vio- weapon used in many of these shoot- ask unanimous consent that the read- lence, but the weapon that is often ings. ing of the amendment be dispensed used to carry out this wanton, brutal Just 3 days before Newtown, an AR– with. violence. 15 assault rifle was used to kill two The ACTING PRESIDENT pro tem- To have a chance at understanding people and seriously wound a third at a pore. Without objection, it is so or- these mass shootings, we need to un- mall in Clackamas, OR. dered. derstand how they are perpetrated and Five months before Newtown, a gun- (The amendment is printed in today’s by whom. man opened fire in a theater at a late- RECORD under ‘‘Text of Amendments.’’) It is impossible to know with any night performance of a brand new Mrs. FEINSTEIN. Mr. President, I certainty what motivated Adam Lanza, movie. He killed 12 and injured 58. The happened to be on the floor and hear the Newtown shooter. We know he ex- only reason he didn’t continue was the remarks from the majority leader. hibited clear signs of mental disturb- that this drum that he had in his weap- I would like to thank him for his sup- ance. We know he had an extreme aver- on—a 100-round drum—jammed at ap- port of this legislation. It is extraor- sion to normal social life, and he didn’t proximately 50. dinarily important to me, to the people like physical contact. He was in and Although the Aurora shooter was of my State, and, I believe, to a major- out of school and spent time in special being treated by mental health profes- ity of Americans. I hope to make that education classrooms and was home- sionals, he owned a small arsenal of clear during my remarks. schooled by his mother. He lived in a weapons, including a Smith & Wesson I would like to also thank the 23 co- room with blacked-out curtains and M&P15 assault rifle, a Remington 12- sponsors of this legislation. They are in played violent video games for hours gauge shotgun, two Glock .40 caliber alphabetical order: RICHARD on end. handguns, and a 100-round ammunition BLUMENTHAL, Senators BOXER, CARDIN, We know his mother purchased as- drum. CARPER, COWAN, DURBIN, FRANKEN, sault weapons for him and kept an ar- A number of weapons were used in GILLIBRAND, HARKIN, HIRONO, KLO- senal at home. We know that they the 1999 massacre at Columbine High BUCHAR, LAUTENBERG, LEVIN, MENEN- went target shooting together at School in Littleton, CO, where 13 were DEZ, MIKULSKI, MURPHY, MURRAY, ranges and that both were certified in killed. The weapons were a TEC–DC9 REED, ROCKEFELLER, SCHATZ, SCHUMER, gun safety. Their home was a veritable assault pistol, a Hi-Point 9mm Carbine, WARREN, and WHITEHOUSE. I am very weapons depot, with many firearms, a Savage pump-action shotgun, and a grateful for the willingness of the Pre- more than 1,600 rounds of ammunition, Savage 311–D 12-gauge shotgun. siding Officer and the others to step up, samurai swords, and even a gun safe in High-capacity ammunition maga- show courage, and do what is right for this young man’s room. zines also play a role in these mass America. It has been reported that Adam com- shootings. In 2011, a gunman in Tucson There are all kinds of things we con- piled a spreadsheet documenting hun- used a semiautomatic Glock handgun front as Members of this great Senate. dreds of victims of mass murders— equipped with a 33-round magazine to There are issues of national security, something he may have used as a meas- kill 6 and wound 12, including Con- the economy, health care, immigra- uring stick for his own sadistic plot. gresswoman Gabby Giffords. In 2007, a tion—all tough issues. We know one more thing: None of Virginia Tech gunman used 2 handguns People often ask me why I care so this information would have been and at least 19 magazines to kill 32 and much about assault weapons and why I caught on a background check. I say wound 17. Some of these magazines stayed with this issue for more than 20 this although I support background were 15-round versions. All told, he had years. checks. But this shows what is out nearly 400 rounds to fire. The answer is this: In my view, the there, which needs to be stopped. Has this ended with Newtown? Was proliferation of this specific type of On that December morning, Adam Newtown such a stirring event on the weapon goes to the heart of what kind Lanza started his rampage by killing conscience of America that no one of society in which we want to live. It his mother. He then drove to Sandy would try it again? What is the answer? goes to what kind of culture we are Hook and shot his way into the school. The answer is no. going to raise our children in, which He was heavily armed. This is what he On March 18, just 3 months after brings us to the horrific massacre at carried: a Bushmaster XM15 assault Sandy Hook, a former student at the Newtown, CT, 4 months ago. rifle, a Glock handgun, a SIG Sauer University of Central Florida planned Sandy Hook—and much has been said handgun, ten 30-round magazines, and to set off a fire alarm in his apartment about it, but I can’t forget—Sandy a Saiga 12-gauge assault shotgun. In and kill students as they fled. A room- Hook was a safe school in a safe town. less than 5 minutes, he fired at least mate saw him with these weapons and Candidly, it was inconceivable that 154 rounds from the Bushmaster in 2 called the police. The police came such a tragedy could happen there, but classrooms. He stopped only when first quickly and were able to prevent an- it did. I can’t exaggerate how this responders arrived. He then took his other massacre. Here is what he had: a senseless murder of 20 beautiful young own life. He died with 139 more rounds .22 caliber assault rifle, known as Ger- children and 6 incredibly brave adults available to fire. man Sport Guns GSG–5; a .45 caliber affected me and millions around this I am sure background checks would handgun; two 110-round magazines; 4 country. I think it is fair to say that stop many would-be murderers, but homemade explosive devices; and a this event really shocked the con- they would not have prevented New- stockpile of approximately 1,000 science of America. town. The weapons were legally pur- rounds.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2701 On March 31, an AR–15 assault rifle approached, the shooter pulled out an list some of the most infamous models. was used to assassinate a district at- AK–47 from beneath his coat and fired We have here a display. They include torney and his wife in Texas. The dis- 14 rounds, killing Officer Espinoza and the AK–47, the AR–15, the Bushmaster trict attorney’s wife innocently opened injuring Officer Parker, both of whom XM15, the Smith & Wesson M&P15, the the door of their home. A gunman shot were armed. Hi-Point Carbine, the UZI Mini Car- and killed her with a single bullet. As Officer Espinoza was a real star in bine, and the Intratec TEC–9. They in- her husband turned to try to get to his the San Francisco Police Department. clude the MAC–10, the Saiga-12, the weapon, he was killed in a burst of at Everyone liked him, and he had real Street Sweeper, and all 157 of them are least 20 rounds. This is the offensive credibility on the streets and in the explicitly, by make and model, delin- nature of these weapons. community. He was very special. He eated in the bill. A shooting many years ago—because had been a police officer for 8 years. The bill also prospectively bans the I came to know some of the victims During that time, he received four manufacture, sale, and importation of who survived—encouraged me to sub- major service awards. Police Chief all other assault weapons that can ac- mit the first bill in 1994. This was an Greg Suhr, the current chief, said he cept a detachable magazine and have at attack by a man named Gian Luigi wouldn’t have been surprised if Officer least one military characteristic, such Ferri in a very high office building in Espinoza rose to be the chief himself as a pistol grip or barrel shroud. San Francisco, CA, called 101 Cali- one day. But he is gone. He left behind Finally, the amendment bans the fornia Street. He came in and killed his wife of 7 years, Renata, and their manufacture and importation—as well eight. He had two TEC–9s and maga- daughter Isabella, who was 3 at the as the future sale or transfer—of large- zines holding 50 rounds of ammunition. time of his murder. capacity ammunition feeding devices He killed a young mother, Jody Finally, assault weapons are attrac- capable of accepting more than 10 Sposato, 30, who had recently given tive to juveniles because they are rounds. Here are some of these large birth to her first child. Her neighbor lightweight, have little recoil, and are magazines—and this is the drum that said, ‘‘She just had that little, lovely easy to fire. was used at Aurora. In many cases, baby 10 months ago.’’ I came to know The takeaway is that nowhere seems such as the tragic shooting of Con- Jody’s husband, Steve, who was a won- safe from these acts of mass violence, gresswoman Giffords, it is only when a derful, tall man who used to come to made all the more deadly because of shooter stops to switch magazines that see me with his baby in his arms. I am the military features of these par- police or others have the chance to delighted to see that he remarried and ticular weapons. take the shooter down, and he or she made a new life for himself. These mass killings aren’t confined may well fumble in so doing. Ferri also killed Donald ‘‘Mike’’ Mer- to dangerous areas. They happened in a Now what does the amendment not rill, who had recently adopted two chil- mall in Clackamas. They happened in a do? To clear up some misinformation, dren, a son and a daughter, ages 4 and movie theater in Aurora. They hap- it is also important to know what the 2, with his wife Marilyn. pened in a temple in Oak Creek. They bill does not do. It does not take away One of the wounded, a beautiful happened in an office in San Francisco. any legally owned weapon. All weapons young woman, Michelle Scully, was Worst of all, they happen now in legally possessed on the date of enact- saved because her husband John died schools. Schools used to be safe places, ment are exempted. The amendment while jumping on her body, shielding but now we confront the legacy of Col- does not require registration. If an as- her from the gunfire. umbine, Virginia Tech, and Newtown. sault weapon is legally owned before This is how these events unfold. The President Obama relayed the story of enactment and later transferred or tragedies they leave behind are actu- a murdered child’s mother. She said sold, the recipient or purchaser must ally never completely recoverable. she hates when people say her son was pass a background check as required in Over the years, as I have watched, I ‘‘in the wrong place at the wrong the underlying bill. have come to see that these weapons time.’’ When are schools ever the Finally, the amendment does not af- are attractive to two groups of people. wrong place? Schools should always be fect hunting or sporting firearms. Let There are collectors, there is target the right place for children and they me point that out. It protects legiti- practice, some hunt, and some think should always be the right time. And mate hunters by excluding 2,258 specifi- they offer a strong defense. This is one that is why we must take action. cally named firearms used for hunting group. But death tolls show there is an- I am relieved we are finally debating and sporting purposes. It took 96 pages other group who covet these firearms the issue of gun violence, in particular of legal bill language to list these more for their deadly firepower—most the amendment I offer today to intro- hunting and sporting firearms by make notably, grievance killers, gang mem- duce the Assault Weapons Ban in the and model so everyone can see clearly bers, and juveniles. underlying bill. It has been 9 years their hunting or sporting gun is ex- Let me mention the grievance kill- since the first Federal Assault Weapons cluded from the bill. It took my staff a ers. Their goal is to kill indiscrimi- Ban expired in 2004, and far too many long time and a lot of vetting to com- nately. These are weapons that are deaths. The Assault Weapons Ban I pile this list, but they have done it. easy to fire quickly. They can fire offer today as an amendment has one Some have argued that the legisla- many times without overheating, and purpose: to begin to dry up the future tion would violate the Second Amend- they can carry ammunition-feeding de- supply of assault weapons and high-ca- ment. Candidly, that is wrong. The vices that exceed 100 rounds. These are pacity ammunition magazines over original Federal Assault Weapons Ban I the weapons of choice of this group of time, which will save lives. It does not sponsored in 1994 was repeatedly chal- people. The question is, Can this group affect any legally owned weapon pos- lenged in Federal Court on a variety of of people, who will kill with these sessed now. grounds, including the Second Amend- weapons, buy these weapons easily? I fully support the bill to expand ment, the Commerce Clause, the Due The answer today is yes. background checks, increase penalties Process Clause, and the Equal Protec- These weapons are attractive to gang on straw purchasers, and strengthen tion Clause. The Fourth, the Sixth, the members because pistol grips and fold- school security. But these provisions Ninth, and the District of Columbia ing stocks make them easy to conceal are only part of a solution. The weap- Circuit Courts all upheld the 1994 law, and maneuver. These weapons pack ons I talk about can fire hundreds of with three of them rejecting challenges enough firepower to confront other rounds a minute with velocities and en- based on the Second Amendment. gangs as well as the police. ergy far exceeding the standard hand- Since these rulings, the Supreme I would like to tell you one other guns. They do not belong on the streets Court, in 2008, recognized an individual story from my home town that touched where they can be bought without right under the Second Amendment in me deeply. In 2004, undercover police questions asked. a 5-to-4 decision in the District of Co- officers Isaac Espinoza and Barry This amendment bans the future lumbia v. Heller. But Heller itself Parker confronted a man at the corner manufacture, possession, sales, and im- clearly rejects the claim that Second of Newcomb Avenue and Newhall portation of 157 semiautomatic assault Amendment rights are absolute. In Street in San Francisco. As the officers weapons by make and model. Let me Heller, conservative Justice Antonin

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2702 CONGRESSIONAL RECORD — SENATE April 17, 2013 Scalia stated: ‘‘The right secured by Edward Flynn: ‘‘Military characteris- ing into the city of Chicago which are the Second Amendment is not unlim- tics are not simply cosmetic in nature. being traced to the State of Mis- ited.’’ These weapons are designed for com- sissippi. And the Court said the Second bat.’’ And John Walsh, the U.S. Attor- I believe if this legislation does not Amendment does not protect ‘‘a right ney for Colorado, couldn’t be more pass, we will see bills passed in a num- to keep and carry any weapon whatso- clear: These weapons, he said, are ber of States. That will result in a con- ever in any manner whatsoever and for ‘‘crafted to be as effective as possible fusing patchwork of laws with different whatever purposes.’’ Case made. at killing human beings.’’ standards in different States. If this Also, just like other constitutional Now where are we today? Seven bill goes down, States will, I believe, rights, the Second Amendment’s right States and the District of Columbia pass additional legislation. It is only a to keep and bear arms is subject to rea- banned assault weapons prior to the question of time. sonable restrictions. An assault weap- Newtown massacre. These are my own Some suggest there may not be ons ban is such a reasonable restric- State, California, Connecticut, D.C., enough support in the Senate to pass tion, and no assault weapon ban has Hawaii, Maryland, Massachusetts, New the Assault Weapons Ban. But the sup- ever been overturned by a court of law. York, and New Jersey. port is there among the American peo- Don’t take my word for it. Look at Since Newtown, legislators in 20 ple. In poll after poll, that support is the Supreme Court decisions. Justice States have introduced bills to either there. In no poll—even with all the dis- Scalia’s opinion in Heller specifically ban assault weapons or strengthen ex- cussion, even with the mobilization of stated, ‘‘Weapons most useful in mili- isting bans. Twenty States are now gun owners and the NRA, a majority in tary service—M–16 rifles and the like’’ contemplating action. every single national poll done shows are weapons that ‘‘may be banned.’’ Connecticut and New York passed that the majority want controls over And there are weapons that are the laws to tighten their existing bans to assault weapons. I know of no poll done like of the M–16 weapon on the street prohibit assault weapons with one mili- this year that shows less than a major- today that are covered by this bill. tary characteristic, which is what we ity to reinstate a Federal ban on as- Third, an assault weapons ban leaves do in this bill. sault weapons. We have more than 170 available ample means for individuals Maryland expanded an existing ban organizations covering a wide range of to defend themselves and their families on assault pistols to cover rifles and groups that have endorsed the bill. using firearms. This amendment im- assault shotguns. Here are a few: poses restrictions on one class of weap- In Massachusetts and New Jersey, Major Cities Chiefs; International As- ons—military-style weapons—that are bills have been introduced to strength- sociation of Chiefs of Police; American highly dangerous and can kill large en those States’ assault weapons bans. Medical Association; American Acad- numbers of people quickly, with in- Efforts are also underway to prohibit emy of Nursing; American Academy of creasing velocity. It leaves open ample these deadly weapons in States with no Pediatrics; National Education Asso- opportunities to possess and use nu- current assault weapon ban. In Florida, ciation; American Federation of Teach- merous types of firearms for defense. I Illinois, Indiana, Minnesota, Missouri, ers; the Children’s Defense Fund; the have no question this bill is constitu- Mississippi, North Dakota, New Mex- Sierra Club; the United States Con- tional. ico, Oregon, Pennsylvania, Vermont, ference of Catholic Bishops; the United A second false attack is that assault and Virginia, bills have been intro- States Conference of Mayors; the Na- weapons covered by this ban contain duced to impose an assault weapons tional League of Cities; more than 800 only ‘‘cosmetic features’’ and are no ban for the first time. mayors from across the country; Tom more dangerous than any other fire- All of these States have strong hunt- Ridge, former Governor and Homeland arm. Nonsense. Law enforcement offi- ing or sporting traditions, but the Security Secretary; John Warner, cers and gun experts are the best ones sponsors of these bills recognize that former Republican Senator from Vir- to go to, and we have. And they have no one needs an assault weapon to hunt ginia. pointed out these features were de- or target shoot. Few bills ever have such broad sup- signed to be added to military weapons In other States, bills have been intro- port, and I ask unanimous consent to to make them more deadly and they duced to regulate assault weapons. An have printed in the RECORD a list of en- have the same effect on civilian Arizona bill would require the sale of dorsements. versions. any assault weapon be done through a I have also received letters and calls Some examples: The pistol grip was licensed gun dealer. from Americans across the country, first added to a rifle by the German Bills in Kentucky and Texas would from all walks of life, including gun army in World War II, when it was in- require one to obtain a license to pur- owners, who demand that we stop these corporated in the STG 44, which is chase an assault weapon. The Ken- weapons of war from claiming more in- called a ‘‘Storm Gun.’’ This feature al- tucky bill would also require the reg- nocent victims. I even had a member of lows a shooter to ‘‘spray-fire’’ a large istration of assault weapons and hand- the NRA call me and say, ‘‘I am a hun- number of rounds over a broad killing guns. That is Kentucky. ter and I have an AR–15 but I don’t zone without having to aim at each in- Some bills have been introduced that need it, and I am turning it in.’’ dividual target. would go even further than the amend- I ask unanimous consent to have Folding stocks were added to the M1 ment I have introduced today. Cali- printed in the RECORD excerpts from Carbine by the U.S. Army in World War fornia is seeking to strengthen its ban, these letters. II so the weapon could be more easily going from a one-characteristic test to There being no objection, the mate- transported by soldiers traveling in a zero-characteristic test. This bill rial was ordered to be printed in the cramped aircraft and military vehicles. would prohibit any semiautomatic rifle RECORD, as follows: Similarly, UZI manufacturers started capable of accepting a detachable mag- ENDORSEMENTS FOR THE ASSAULT WEAPONS adding folding stocks to their weapons azine. BAN OF 2013 A bill in South Carolina would rein the early 1950s at the request of Law Enforcement: International Associa- Dutch and German military who found quire the government to seize any as- tion of Campus Law Enforcement Adminis- the traditional wooden stock to be too sault weapons used in certain crimes. trators, International Association of Chiefs long for use while traveling in armored Even though more States are ban- of Police, Major Cities Chiefs Association, vehicles. ning assault weapons, the need for a National Association of Women Law En- Every law enforcement officer who Federal ban has never been greater. If forcement Executives, National Law En- testified on the Assault Weapons Ban only California or New York bans as- forcement Partnership to Prevent Gun Vio- in our Judiciary hearing was emphatic sault weapons, nothing stops an indi- lence, National Organization of Black Law that military characteristics add to a vidual from buying an assault weapon Enforcement Executives, Police Executive Research Forum, Police Foundation, Women weapon’s lethality. From Baltimore in a neighboring State, then crossing in Federal Law Enforcement, Chaska, Minn. County Police Chief Jim Johnson: As- the border to commit violence. At a Chief of Police Scott Knight (former chair- sault weapons are ‘‘meant for the bat- Judiciary Committee hearing, Senator man of the Firearms Committee, Inter- tlefield.’’ Milwaukee Chief of Police DURBIN mentioned that guns are com- national Association of Chiefs of Police), Los

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2703 Angeles County Sheriff Lee Baca, Los Ange- tice Lobby), Pathways Faith Community, in the delivery room when they were born. les Police Chief Charlie Beck, San Diego Po- Pax Christi USA, PICO Network Lifelines to And I was at the firehouse that night with lice Chief Bill Lansdowne Healing, Presbyterian Church (U.S.A.) Office the older brother of one of our children. Localities: U.S. Conference of Mayors, Na- of Public Witness, Progressive National Bap- This event has altered so many lives. One tional League of Cities, Boston City Council, tist Convention, Rabbinical Assembly, Reli- mother told me, having lost her daughter, Los Angeles County Board of Supervisors, gious Action Center of Reform Judaism, San that her sons saved her life. Oakland Unified School District Super- Francisco Interfaith Council, Sikh Council These guns, these bullets blew open these intendent Anthony Smith, San Francisco on Religion and Education, USA, Sisters of children’s heads, their bodies, their limbs. In Board of Supervisors, San Luis Obispo Coun- Mercy of the Americas, Sojourners, Uni- what kind of society do we live, whereby ty Supervisor Bruce Gibson, Santa Cruz tarian Universalist Association of Congrega- these weapons are needed to defend and pro- Board of Supervisors, Ventura County Board tions, United Church of Christ, United Meth- tect? of Supervisors odist Church, United Methodist Women, Do we need to splatter bodies and blood in California Mayors: Alameda Mayor Aman- United States Conference of Catholic order to defend? Do we need to shatter bones da Gilmore, Chula Vista Mayor Cheryl Cox, Bishops Committee on Domestic Justice and and decapitate our tyrannical governments? Long Beach Mayor Bob Foster, Los Angeles Human Development, United Synagogue of How can anyone justify these self proclaimed Mayor Antonio R. Villaraigosa, Malibu Conservative Judaism, Washington National weapons of mass destruction...? Mayor Lou La Monte, Martinez Mayor Rob Cathedral, Women of Reform Judaism MICHELLE D.—NEWTOWN, CT Schroder, former Morro Bay Mayor Janice Health care: American Academy of Nurs- . . . No one should have to live in fear. No Peters, Oakland Mayor Jean Quan, Orange ing, American Academy of Pediatrics, Amer- one should have to live looking over their Cove Mayor Gabriel Jimenez, Petaluma ican College of Surgeons, American Congress shoulder while shopping in a mall, grocery Mayor David Glass, Pleasant Hill Mayor Mi- of Obstetricians and Gynecologists, Amer- store, taking in a movie, attending school or chael Harris, Sacramento Mayor Kevin John- ican Medical Association, American Public simply going about their lives. No one should son, San Diego Mayor Bob Filner, San Fran- Health Association, Association for Ambula- have to put their kids on their school bus cisco Mayor Edwin M. Lee, San Jose Mayor tory Behavioral Healthcare, California Med- and fear that they may not come home. NO Chuck Reed, San Luis Obispo Mayor Jan ical Association, Doctors for America, Na- ONE.... Marx, Santa Ana Mayor Miguel Pulido, tional Association of School Nurses, Na- Santa Barbara Mayor Helene Schneider, tional Physicians Alliance, Physicians for CHRISTINA D.—NEWTOWN, CT Santa Cruz Mayor Hilary Bryant, Saratoga Social Responsibility, San Francisco Mental . . . We have no more time to waste. We Mayor Jill Hunter, Tiburon Mayor Emmett Health Association, Society for the Advance- must change for those lost at Sandy Hook, O’Donnell ment of Violence and Injury Research, Soci- for the town of Newtown, for our country, for California Cities: Beverly Hills, Calabasas, ety of General Internal Medicine our children. We must protect our nation’s Chula Vista, Del Mar, Encinitas, Lemon Other: Alliance for Business Leadership, people.... Grove, Los Angeles, National City, American Bar Association, Black American PO M.—NEWTOWN, CONNECTICUT Petaluma, San Francisco, Santa Rosa, Political Association of California, Center I am a mother of four children (who grad- Stockton, Ventura, West Hollywood For American Progress Action Fund, Grand- uated from Sandy Hook Elementary School) Gun Safety: Arizonans for Gun Safety, Ari- mothers for Peace International, L.A. Gay & and the shooter lived in my neighborhood. zona People Acting for a Safer Society, Lesbian Center, League of Women Voters of We lost our neighbors, educators, and prin- Brady Campaign to Prevent Gun Violence, the United States, National Parks Conserva- cipal on that dreadful morning on December Ceasefire Oregon, Coalition to Stop Gun Vio- tion Association, NAACP, Precision 14, 2012. Our neighborhood is one of the safest lence, Hoosiers Concerned About Gun Vio- Remotes, Sierra Club, TASH, VoteVets.org, places in this country. Sandy Hook Elemen- lence, Illinois Council Against Handgun Vio- Washington Office on Latin America tary School was one of the most nurturing lence, Law Center to Prevent Gun Violence, Former Elected Officials: Former Cali- environment for my four children therefore Mayors Against Illegal Guns, Moms Demand fornia Governor Deukmejian, Former Sec- we were in a state of shock when we heard Action for Gun Sense in America, Ohio Coa- retary of the Department of Homeland Secu- the horrific news on December 14th. lition Against Gun Violence, Protect Min- rity Tom Ridge, Former U.S. Senator Rich- I believe stronger gun regulations would nesota, StopOurShootings.org, Violence Pol- ard Lugar, Former U.S. Senator John War- have saved lives on that tragic day. I also be- icy Center, Washington Ceasefire, Wisconsin ner lieve if millions of people in this nation de- Anti-Violence Effort, Women Against Gun manded change after Columbine, Virginia Violence CONSTITUENT LETTERS IN SUPPORT OF THE Tech, Tucson and Aurora then maybe just Education/Child Welfare: 20 Children, ASSAULT WEAPONS BAN OF 2013 maybe this type of massacre in our neighbor- American Federation of Teachers, California PAUL D.—NEWTOWN, CT hood elementary school could have been PTA, California Teachers Association, Child . . . There is no practical distinction be- avoided. It is unacceptable for us to not take Welfare League of America, Children’s De- tween the rate of fire produced by this weap- action. Too many Americans are dying every fense Fund, Every Child Matters, Los Ange- on and that produced by a fully automatic year. You acted swiftly and boldly to insti- les Community College District, machine gun. While one weapon is clearly il- tute measures to improve public safety after MomsRising, National Association of Social legal, the other is legal because the outdated September 11th and you must do the same Workers, National PTA, National Education words used to describe it suggest a distinc- after December 14th. We have the right to Association, NewSchools Venture Fund, San tion that no longer exists. This dangerous in- feel safe in our schools, malls, movie thea- Diego Unified School District, Save the Chil- consistency has essentially undermined ex- ters, places of worship, work place, salons dren, United States Student Association isting law, putting the practical equivalent Religious: African Methodist Episcopal and on our city streets. of banned weapons back on our streets. I made a promise on December 14th that I Church, Alliance of Baptists, American Bap- The result has been devastating for our tist Churches of the South, American Bap- will no longer stay silent and do more to community and too many like it across the save lives by writing, e-mailing and calling tist Home Mission Societies, American country. Legally, logically, and morally, Friends Service Committee, Baptist Peace the lawmakers. I traveled down to Wash- your obligation is clear: we need you to take ington DC with 40 Newtown teachers, clergy, Fellowship of North America, Camp Brother- action now. Please support S. 150.... hood, Catholic Charities USA, Catholic parents, students, other members of New- GINA M.—NEWTOWN, CT Health Association, Catholic Health Initia- town Action Alliance and families of victims tives, Catholics in Alliance for the Common . . . Six children at Sandy Hook School on February 26th and 27th to meet with con- Good, Catholics United, Church of the Breth- were able to squeeze past the gunman in a gressional leaders and to attend Senator ren, Church Women United, Inc., Conference doorway because he had to stop to reload. Feinstein’s Assault Weapons Ban hearing. of Major Superiors of Men, Disciples Home How many more would have been spared had We shared our stories of tragic loss, our pain Missions, Christian Church (Disciples of his magazines been smaller? Think of those and we asked many of you to honor the 26 Christ), Dominican Sisters of Peace, Faiths children, who had to watch their teacher and lives by helping us to turn our tragedy into United To Prevent Gun Violence, Franciscan classmates brutally murdered in front of meaningful action and change. Please have Action Network, Friends Committee on Na- their eyes, now think of your own children. the political courage to save American lives tional Legislation, Health Ministries Asso- Think of your grandchildren. Think about by banning military-style assault weapons, ciation, Heeding God’s Call, Hindu American the parents and spouses who have to live prohibiting gun trafficking, requiring uni- Foundation, Interfaith Alliance of Idaho, Is- with the horror of knowing their children versal background check on all gun pur- lamic Society of North America, Jewish spent their last few minutes in terror and in chases and limiting high capacity maga- Council for Public Affairs, Jewish Re- pain as the bullets shredded their flesh. zines. You have the ability to save lives and constructionist Movement, Leadership Con- Think about the survivors of that massacre, I am asking for your leadership. ference of Women Religious, Mennonite Cen- also victims, who will have to deal with their AIMEE P.—NEWTOWN, CT tral Committee, (Washington Office), Na- own mental health issues for decades to . . . Over the past two months, I have tional Advocacy Center of the Sisters of the come.... brought meals to neighbors who have lost Good Shepherd, National Council of Church- RICHARD A.—NEWTOWN, CT children, and wept with friends who have had es, National Episcopal Health Ministries, . . . Our pediatric practice lost several pa- to tell their six-year-olds that five of their NETWORK (A National Catholic Social Jus- tients. I held two of these babies in my arms young friends had died. I have seen surviving

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2704 CONGRESSIONAL RECORD — SENATE April 17, 2013 Sandy Hook students cling desperately to vidual that hunt and feel a need to protect zines and used it to murder. If he had not had their parents, to their dolls, to their dogs. I themselves in isolated areas, however our access to guns, much less high capacity mag- have watched parents of surviving Sandy gun culture has caused many like me to suf- azines, I would not be writing this letter Hook students withdraw from their support fer beyond words and the loss of young and today.... systems. I have seen my own son, who just too many lives.... PATRICIA M.—TUCSON, AZ turned three, develop a sudden fear of mon- UMA L.—VIRGINIA TECH . . . The shooter was stopped, not by an- sters. The effects of this shooting, even in a . . . Had there been a ban on high capac- other man with a gun, but by two ordinary community as supportive and loving as New- ity magazines, I am confident the death toll, citizens there that day to talk with our Rep- town, will be with all of us forever. the injured toll would not be as high as it resentative, Gabrielle Giffords. If the shooter In the time it took Adam Lanza to reload, was. Had my father’s murderer used an as- was forced to reload because the magazine children were able to escape. While it is un- sault weapon that day, I know for certain only held ten or 15 bullets Roger and Bill realistic to think that we can stop every in- that many who are alive now—many who might have been able to tackle him sooner— cidence of gun violence in this country, we have become my friends—would not be with and fewer human beings might have been have a moral obligation to do what we can to me today.... murdered or wounded, fewer families reduce the unacceptably high rate of gun-re- . . . The day my father went to teach— wrenching with the pain and sorrow of a lated deaths every year. A weapon that can went to die, really—he was sick. He was run- loved one being murdered on a sidewalk. put eleven bullets in a six-year-old in a mat- ning a fever, and even though it was April, That high capacity magazine coupled with ter of seconds has no place on our streets or he felt cold. My mother didn’t want him to a semi-automatic weapon gave horrific kill- in our communities.... go in, but he went anyway. That was the ing capability to the shooter.... MERLYN L. type of man he was—he believed in his duty, MELISSA L. . . . I have been a member of the NRA and he always did it. He was right where he . . . In my 30 years as an RN working in since 1979 and I am willing to state they have was supposed to be—the right place at the Trauma centers, I have witnessed the de- gone way too far. They are promoting anar- right time. And yet, he never came home. He struction of guns—the useless senseless de- chy and overthrowing the government. Why never came home because he was dead, and struction of life. I am appalled that the NRA are we allowing people to shoot each other at that was how I saw him next. Though I tried and other gun advocates do not believe in the movies and in schools? This is sick, we to warm his hands, they were like ice. And gun control and background checks. I sup- don’t need these weapons. We got rid of the when I said goodbye, his lips were cold and port your efforts and the efforts of President Wild Wild West a long time ago.... there was no laughter. For the first time Obama.... DOUGLAS M. ever, my father is somewhere I cannot follow CLIFF P.—HEMET, CA . . . End this madness with people believ- .... ing they have some right to own any kind of . . . Somehow, the impact of gun violence . . . I understand that there are many fine gun they wish and that it can shoot as many and what it means to lose someone is some- people that are NRA members, but, at some bullets as possible without reloading. Guns thing that we don’t talk about in this coun- point, they are going to see that their beliefs today have turned into a kind of game in try. It’s as if the subject is taboo, a dirty se- are being ignored by the money that is which many people who have never served in cret to be shoved under the carpet.... poured into the NRA by the gun makers. the military pretend to be at war...... Here’s what we do talk about: our As to my personal stance on this issue, I right to the second amendment. We talk actually did a little hunting when young. I MARY L. about the right to bear arms and the right to have friends that like to keep a gun in their . . . I am a life-long Republican, but fully protect ourselves. We talk about the right to home. I’m just a guy that cannot find any support the ban on assault weapons. I also carry our weapons in the street, our right to reason for assault weapons being in the support the universal background checks as have them on our person at all times. We hands of anyone outside of law enforcement. proposed by President Obama.... talk about the right to arm our children, our GARY W.—LAKE FOREST, CA JIM S. parents, our country. We talk about our . . . As a former marine and gun enthu- right to bear the arms we like and our right . . . As PAST NRA members, I fully sup- siast, I support your bill completely. USMC to shoot the bullets we like. port President Obama’s gun control plan. boot camp was 12 weeks long, of which the Since my father’s passing, I’ve heard many The NRA has no business in our govern- combat school and rifle range portion was 5 things. Some of these comments include: ‘‘I ment.... weeks long.... know you’re grieving, but it [the loss of a . . . I spent 22 years in the U.S. Army de- . . . I bet no more than 5% of the pur- parent] is part of the natural order.’’ fending our country—two of those years in chasers of assault weapons of all kinds know Or: Viet Nam. anything about the PROPER care and main- ‘‘If your father’d had an assault weapon ROBERT A. tenance and use of the new toys they bought. that day, he’d still be alive.’’ Please stand strong with President Obama Or: DORIS J.—SANTA ANA, CA regarding meaningful gun control legisla- ‘‘It was a tragedy. A battlefield was cre- . . . I am a second generation native Cali- tion—specifically regarding assault rifles. I ated that day. If only someone’d had a gun.’’ fornian and licensed gun owner who whole- carried them in the army and in Viet Nam. . . . I find each of these statements to be heartedly supports your efforts to ban pri- They are made for two purposes and two pur- appalling . . . vate ownership of assault weapons and poses only—to kill as many people as you . . . Death by gun is something that should multi-round clips.... can in the shortest time possible and kill a never become normal. The idea of a battle- JEFF M.—WATSONVILLE, CA person with as much damage to the person as field becoming part of the common course of I am writing to you as a gun owner. I possible!!! There is no need for civilians to everyday life horrifies me... FULLY SUPPORT your initiative to ban as- have these weapons of mass destruction. . . . Your everyday life should not be a bat- sault weapons and high capacity magazines. PAUL N. tlefield. It should be a place where you are Thank you for standing up to those who say safe, where you can go about your business I am a multiple gun owning hunter and it will never happen. I say it can. target shooting enthusiast. I also support without fear. No one should have to worry MUCH tougher gun control laws, far beyond about facing down the barrel of a gun. Not SARAH W.—SAN PEDRO, CA just assault weapon bans. We need to have when they are at home, far away from a the- . . . My six-year-old niece, Allison Wyatt, strict registration and control of all weap- atre of war. was a victim of the Sandy Hook Elementary onry as well and closing the ease of purchase Assault weapons and high capacity maga- School shooting. The pain felt by my family loopholes.... zines are both things that belong to theatres and the entire community is indescribable. GORDON S.—COTTONWOOD, CA of war.... In Seung-Hui Cho’s case, he fired I am writing to offer my assistance and the more than 158 bullets in less than ten min- assistance of my family members in securing As a gun owner, I have given up member- utes at Virginia Tech. His gun never support for gun control legislation. We are ship in the NRA, whose solutions to gun vio- jammed, and there was no window of oppor- willing to help in any way we can. . . . lence seem outrageously stupid . . . I’m not tunity for someone to tackle him. Had he a big Obama fan, but his stance, in light of SHWETA N.—LOS ANGELES, CA had lower capacity magazines, a window of mass gun violence on our ‘‘babies’’ seems . . . renew the assault rifle ban in the opportunity might have opened, and the cas- reasonable. The NRA’S statement of posi- United States. As a pediatrician, I have seen ualties would have been less.... too many suicides, accidental deaths or inju- tion, it seems to me, leads us into a spiral of . . . While some claimed that high capacity ries, and homicides resulting from laxities in hate and destruction that may be violently magazines would be necessary in the hypo- gun safety and control. braced from the ‘‘other’’ side; our lives do thetical situation of five or six attackers, I must advocate for my patients, who cannot have to become ones of revenge and the fact remains that it is a hypothetical. not speak with their own vote. Please stand fear.... The issues we are discussing now are not hy- for gun control. . . . BARBARA C.—ARROYO GRANDE, CA pothetical—they are painfully real. The mur- My mother was killed by a gun blast when der of my father is not a hypothetical. It is GARY V.—CLOVERDALE, CA I was 13 years old. I am now 76 and the pain real, and it happened because a sick boy got I am a gun owner, former Fresno California and memory remains.... I accept indi- his hands on a gun and high capacity maga- police officer, San Mateo County probation

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2705 officer, correctional counselor and court ad- assault weapons and large capacity ammuni- America. I strongly favor passage of ministrator. I spent 17 years of my Career tion clips guns in this country he was able to legislation to address the loopholes dedicated to law enforcement and correc- do that without a second thought. that have allowed too many violent in- tions mostly in California. To me the idea of living in a free country I support a complete ban on the possession is the ability to live my life to the fullest. To dividuals to circumvent the back- of any . . . assault rifle or military weapon be allowed to celebrate my faith alongside ground checks designed to keep them designed to fire more than 7 rounds of am- others of many faiths and not be persecuted from committing horrific acts. I sup- munition without reloading. . . . for it . . . To be allowed to walk through life port the amendment offered by Senator . . . When your everyday citizen has access without the fear of being gunned down on the FEINSTEIN to add to that legislation a to such firearms it presents an enormous job. . . . ban on new military-style assault threat to police, fire and everyone else in the . . . I hope that this letter reminds those weapons and high-capacity ammuni- voting on these bills that there are real peo- community. None of my fellow police offi- tion magazines. cers, probation officers, etc. ever supported ple and faces that are dealing with these the possession of assault rifles or military tragedies. We are not just stories and not In May of 1999, I spoke to the Eco- weapons in the hands of the general public. just victims. We are survivors what want to nomic Club of Detroit in the aftermath We all knew it was a bad idea we had to deal make sure what we lived through can never of the Columbine shootings. I was sur- with the danger it created daily. happen to anyone else. . . . rounded by educators, clergy, law en- It is time for the madness to stop and for To conclude, not every issue we vote forcement officials, and businesspeople meaningful legislation to be passed . . . The on in the Senate is a life-or-death mat- who had dedicated their lives to pro- 2nd Amendment has been grossly interpreted ter. I deeply believe this is. Since the tecting young people from an epidemic by a group that plays on fear and generates enormous wealth for weapons manufac- original Federal Assault Weapons Ban of gun violence in our city. I asked, turers. . . . expired in 2004, there have been more ‘‘Are we willing to say enough is STEPHEN R.—SACRAMENTO, CA than 460 incidents involving assault enough?’’ . . . I am 18 years old with plans for my life weapons, and here they are listed, 460 That was 14 years ago next month. and I do not want to have to live in fear of of them. Since then, I have placed hundreds of dying young. I am absolutely sick of inno- The most important duty a govern- speeches on this issue in the CONGRES- cent people dying because of guns, and I am ment has is to protect its citizens’ safe- SIONAL RECORD. After all that time and absolutely appalled that people are vehe- ty. When 20 beautiful first graders are all those speeches, the question re- mently against banning firearms and other slaughtered, our government has failed mains: ‘‘Are we willing to say enough assault weapons. I fully support your move that duty. When 12 are killed and 58 are is enough?’’ After Columbine, after Au- to ban assault weapons. I am young and I wounded in a movie theater—a safe rora, after Newtown, after the deaths want to live my life in peace. I demand the place—our government has failed its right to live in a country free of the fear of and injuries of thousands of innocent gun violence. duty. When people are gunned down in people, many of them children, can we malls, parking lots, and their offices, now say enough is enough? THOMAS P.—SACRAMENTO, CA our government has failed that duty. This is what the National Law En- . . . I grew up in Shasta County and was I do not believe our values are raised on a family cattle ranch. Guns were forcement Partnership to Prevent Gun part of our everyday life and I have used stronger because we allowed individ- Violence says on this topic: them to hunt . . . I understand the concerns uals to own weapons designed for the Assault weapons were designed for the bat- of rural gun owners and I do believe that sole purpose of killing as many people tlefield and have no place in our commu- their rights should be protected. But pro- as possible. And we must not resign nities. These weapons were developed to en- tecting those rights must not come at the ourselves to these tragedies. They can- able a shooter to rapidly spray-fire multiple cost of all of our safety. For too long, people not become just another fact of Amer- rounds at an enemy in combat, not to gun have been able to buy dangerous (nearly- ican life. We have a duty, I deeply be- down small children, moviegoers, fire- automatic) weapons in secret and amass dan- lieve, to take steps to stop these mass fighters—or the law enforcement officers gerous arsenals of weapons that have no le- protecting them. murders that have one common ele- gitimate purpose. . . . This coalition includes the Inter- . . . The same people who claim that they ment—the use of assault weapons and will go bankrupt if taxes are raised one nick- high-capacity magazines. national Association of Chiefs of Po- el, don’t bat an eye at spending thousands of Through hearings and markups, we lice, the Major Cities Chiefs Associa- dollars on a new gun. . . . have heard no compelling reason not to tion, the International Association of . . . People in some parts of the state are pass this legislation. Not a single court Campus Law Enforcement Administra- now talking openly about how their second decision has been cited that suggests a tors, the National Association of amendment rights are there to enable them ban is unconstitutional. No one can Women Law Enforcement Executives, to defend against government tyranny. This credibly dispute law enforcement testi- the National Organization of Black seditious talk is very frightening. I can’t Law Enforcement Executives, the Po- imagine what these people think would re- mony that assault weapons are more sult from armed conflict with their own gov- lethal than other weapons. A majority lice Executive Research Forum, and ernment . . . These people seem to think of Americans support taking action. the Police Foundation. These groups— they are going to be heroes in some post- I urge my colleagues to vote on this each of them dedicated to the safety of apocalyptic fantasy; they have lost their amendment based on its merits, not our people—tell us that the threat foothold on reality and they are very dan- with an eye toward politics or ratings these weapons present to public safety, gerous. from gun lobbying groups. It is a time indeed, to the safety of those who keep . . . Please let these delusional whackos us safe—is too great for us to allow it know that they are not living in the state of to stand tall. As Gabby Giffords said: Jefferson, they are living in America, and we You must act. Be bold. Be courageous. to continue. are a country of laws. . . . So I ask you to stand with the thou- Even in the aftermath of the New- town shootings and other horrific trag- SUSAN E.—SAN DIEGO, CA sands of police chiefs and law enforce- edies, some have argued that the prob- . . . I am a retired educator, who has expe- ment officers who support this bill. rienced school violence first hand. I was the Stand with the doctors and other lem with our society is not too much only administrator on campus when Andrew health professionals who support this weaponry but too little. What these Williams killed two students and wounded 13 bill. Stand with the religious leaders folks want, essentially, is to send others at Santana High School . . . This who support this bill. And stand with Americans into combat. This is par- senseless violence has to come to an end. The the victims of gun violence and their ticularly true of these assault weapons rights to life and safety have been forgotten families who support this bill. The and high-capacity magazines, which in the rhetoric over 2nd amendment rights. time has come to take these weapons are specifically designed for military MINDY F.—SAN FRANCISCO, CA of war off our streets, away from crimi- combat. . . . I was doing my job, I was protecting nals, grievance killers, and the men- Now, our local and State police my kids and I was being a positive citizen in tally deranged. I urge my colleagues to forces spend billions of dollars every my community. I was exercising my right to year providing countless hours of the freedom of my religion and Buford stand tall and support this amendment. O’Neal Furrow (a convicted felon out on pa- Mr. LEVIN. Madam President, I wish training to law enforcement officers on role who was deemed mentally unstable by to add my voice to those who have how to react in a situation where they authorities) tried to take all that away from called on this floor for actions that ad- might have to fire their weapon. The me. And because of the easy accessibility of dress the epidemic of gun violence in U.S. Marine Corps sends its recruits

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Telling upon an omnipresent law enforcement stitutional rights of law-abiding citi- friend from foe is never easy. And now presence. zens in the process. I think we will some voices call for bringing that same The Founding Fathers understood have an opportunity to vote on such a level of combat to our streets and that the right of self-defense can be- bill during the course of these debates. schools. come meaningless without the right to In order to bolster the freedom of We can no longer be frozen into pas- keep and bear arms. Some are pushing law-abiding citizens to keep and bear sivity. We must instead respond to the to curtail Second Amendment rights in arms, I am offering an amendment that majority of Americans who support a the hope of preventing another mass would allow Americans with concealed Federal assault weapons ban and a ban shooting. I share the sorrow of the fam- handgun licenses issued by their own on high-capacity magazines. Their ilies who are grieving over their loved States to exercise those rights in other voices and the voices of anguished fam- ones who were lost. I have had the States whose State law authorizes the ilies and of deeply concerned law en- privilege and honor of meeting some of issuance of a concealed handgun li- forcement officials should carry the the families. I wish it were as easy as cense. This is not a national standard. day. We should heed those voices, sup- some would suggest to solve the prob- This is respecting the rights of indi- port the Feinstein amendment and the lem with the wave of a magic wand or vidual States to determine whether underlying bill, and finally take action to pass some bill. Here is the inconven- they will in fact issue a concealed against this plague of violence. ient fact that advocates of strict gun handgun license and to allow those per- Madam President, I yield the floor control ignore—one of the facts. Every sons who have a concealed handgun li- and I suggest the absence of a quorum. mass shooting committed in the United cense issued by their home State to The PRESIDING OFFICER (Ms. States over the last 63 years, including have that firearm legally in another HEITKAMP). The clerk will call the roll. the Newtown shooting, occurred in a State. The bill clerk proceeded to call the gun-free zone. In other words, in each This is an interesting chart. You will roll. of these horrific instances the attacks notice that only two places in the Mrs. FEINSTEIN. Madam President, took place in an area where law-abid- country—the red, the District of Co- I ask unanimous consent that the order ing citizens had effectively been dis- lumbia and the State of Illinois—are for the quorum call be rescinded. armed. the only two places in the country that The PRESIDING OFFICER. Without I listened to the remarks of the dis- do not have a regime of concealed objection, it is so ordered. tinguished Senator from California handgun license issuance—only two, Mrs. FEINSTEIN. Madam President, who I know passionately believes there the District of Columbia and Illinois. I ask that all time be equally divided has to be some solution legislatively This amendment would not allow for between both sides. we could pass that would prevent the concealed carry in Illinois or the Dis- The PRESIDING OFFICER. Without repetition of some of these terrible trict of Columbia, both of which have objection, it is so ordered. tragedies. But she conceded herself banned that entirely. Nor would this Mrs. FEINSTEIN. I yield the floor that no background bill would have amendment affect the right of every and I suggest the absence of a quorum. prevented Adam Lanza from acquiring State to set its own laws with regard to The PRESIDING OFFICER. The these weapons which he effectively concealed carry. It would not establish clerk will call the roll. stole from his mother and then mur- a national standard for concealed carry The bill clerk proceeded to call the dered her with those same weapons be- and it would not allow anyone to dis- roll. fore committing further atrocities at obey the laws of his or her home State. Mr. CORNYN. Madam President, I Sandy Hook Elementary School. What it would do is effectively treat ask unanimous consent the order for We do know that if the current law concealed carry licenses as a driver’s the quorum call be rescinded. was enforced that the Virginia Tech license. If you are driving from Vir- The PRESIDING OFFICER. Without shooter would have been prevented ginia to Texas, you do not have to ob- objection, it is so ordered. from acquiring guns legally because we tain a separate driver’s license for each AMENDMENT NO. 719 know he had already been adjudicated State you drive through, but you do Mr. CORNYN. Madam President, the mentally ill by the State of Virginia. have to obey the speed limits and other Second Amendment of the U.S. Con- But those records were never trans- laws of the State in which you are driv- stitution is not merely about hunting, mitted to the FBI to be included in a ing. This legislation would create a recreational shooting, or marksman- background check. We know the shoot- similar system for concealed carry per- ship, nor is it discretionary. This is one er in Tucson failed a drug test, a dis- mits. If it becomes the law of the land, of the provisions of the Bill of Rights qualifying fact for somebody to be able someone with a concealed carry permit that the Founding Framers of our Con- to legally purchase firearms, given a in Texas would no longer have to worry stitution were so passionate about that background check. But that informa- about obtaining a separate one when he they made sure it was included in our tion was never transmitted to the FBI, or she was traveling across the coun- Constitution as part of the first 10 so the Tucson shooter was not pre- try. However, all Texans would still amendments to the Constitution. It is vented from buying weapons, even have to follow the concealed carry laws not a take-it-or-leave-it proposition. though he should have been disquali- in the State in which they happen to be But its real significance is much great- fied if the background check system located, just as residents of other er. Indeed, the Second Amendment has had been working the way it should. States still have to follow the traffic long been viewed as a bulwark of indi- I believe the most appropriate re- laws of the State, even if they have a vidual liberty. It guarantees the most sponse to the recent mass shootings is Texas driver’s license. If they are in basic civil right in a free society, the to make sure that our current laws in- New York they still have to obey the right that allows responsible, patriotic, volving mental illness, drug use, men- traffic laws of New York. law-abiding citizens to defend them- tal health adjudications are enforced This bill is very similar to an amend- selves, to defend their families, and to more aggressively and more efficiently. ment that won the support of 58 Sen- defend their homes—all of this without But at the same time, while we are try- ators back in 2009, including 13 Demo- having to rely on the government. ing to find a solution to these problems crats who are still serving in this It is no mystery to any of us that the and not just engage in meaningless Chamber. I would add that, for those Federal Government—or State or local symbolism, we should not be making it who argue about the effectiveness of governments, including law enforce- harder for law-abiding citizens to exer- background checks—and I certainly ment—is not omnipresent. There are cise their constitutional rights under agree that for people in the business of many parts of our country where law the Second Amendment. selling guns that background checks

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It is far The amendment is as follows: any provision of State law with respect to more intrusive into the privacy and the the issuance of licenses or permits to carry (Purpose: To allow reciprocity for the concealed firearms.’’. background of the person who applies carrying of certain concealed firearms) (2) CLERICAL AMENDMENT.—The table of for a handgun license, so this standard At the appropriate place, insert the fol- sections for chapter 44 of title 18, United ought to be one that those who support lowing: States Code, is amended by inserting after a robust background check regime SEC. lll. CONSTITUTIONAL CONCEALED the item relating to section 926C the fol- could also support. CARRY RECIPROCITY ACT OF 2013. lowing: It is also a bipartisan idea that would (a) SHORT TITLE.—This section may be ‘‘926D. Reciprocity for the carrying of cer- make it easier for law-abiding citizens cited as the ‘‘Constitutional Concealed Carry tain concealed firearms.’’. Reciprocity Act of 2013’’. to exercise their Second Amendment (3) SEVERABILITY.—Notwithstanding any (b) RECIPROCITY FOR THE CARRYING OF CER- rights and it would avoid the ‘‘gotcha’’ other provision of this Act, if any provision TAIN CONCEALED FIREARMS.— of this section, or any amendment made by and a prosecution that might otherwise (1) IN GENERAL.—Chapter 44 of title 18, occur. If concealed handgun licensees United States Code, is amended by inserting this section, or the application of such provi- happen to be traveling across the coun- after section 926C the following: sion or amendment to any person or circumstance is held to be unconstitutional, try and possess a firearm, without this ‘‘§ 926D. Reciprocity for the carrying of cer- law they might otherwise be pros- this section and amendments made by this tain concealed firearms section and the application of such provision ecuted for a criminal offense. ‘‘(a) IN GENERAL.—Notwithstanding any or amendment to other persons or cir- Just one final point. For more than provision of the law of any State or political cumstances shall not be affected thereby. two decades now, one of the biggest subdivision thereof to the contrary— (4) EFFECTIVE DATE.—The amendments supporters of concealed carry has been ‘‘(1) an individual who is not prohibited by made by this section shall take effect 90 days a remarkable Texas woman by the Federal law from possessing, transporting, after the date of enactment of this Act. name of Suzanna Hupp. In October 1991, shipping, or receiving a firearm, and who is Mr. CORNYN. Madam President, I carrying a government-issued photographic Suzanna and her parents were finishing know this afternoon at 4 p.m. we will their lunch at a Luby’s cafeteria in identification document and a valid license or permit which is issued pursuant to the law vote on a series of amendments. For all Killeen, TX, when a mentally ill man of a State and which permits the individual of us who were worried and concerned drove his truck into the restaurant, to carry a concealed firearm, may possess or about these episodes of senseless gun pulled out his gun, and began opening carry a concealed handgun (other than a ma- violence, I think we can actually find a fire on customers. chinegun or destructive device) that has solution not by encroaching on the When Suzanna realized what was been shipped or transported in interstate or rights of law-abiding citizens who are happening, she reached into her purse foreign commerce in any State other than exercising their constitutional rights the State of residence of the individual to retrieve her handgun, but then she but by focusing on the areas where we remembered her gun was not in her that— ‘‘(A) has a statue that allows residents of can make a difference. purse, it was in her car because Texas We need to enforce current laws on law at the time did not authorize a the State to obtain licenses or permits to carry concealed firearms; or the books better, more efficiently, and concealed handgun permit. As Suzanna ‘‘(B) does not prohibit the carrying of con- more uniformly. We also need to deal told the Senate Judiciary Committee cealed firearms by residents of the State for with the mental health component in chilling testimony a few months lawful purposes; and which is common to so many of these ago, ‘‘I wanted to be a law-abiding cit- ‘‘(2) an individual who is not prohibited by mass shooting atrocities. izen.’’ Federal law from possessing, transporting, Mr. LEAHY. Madam President, my Her father courageously tried to shipping, or receiving a firearm, and who is home State of Vermont does not re- tackle the gunman but was shot in the carrying a government-issued photographic quire its citizens to obtain a permit to chest. Her mother was also eventually identification document and is entitled and carry a firearm in a concealed manner, killed too. Thankfully, Suzanna es- not prohibited from carrying a concealed and the people of Vermont have exer- caped and she quickly became a power- firearm in the State in which the individual resides otherwise than as described in para- cised these privileges carefully and re- ful champion of concealed carry, which graph (1), may possess or carry a concealed spectfully. Citizens respect the wishes Texas legalized in 1995. Suzanna later handgun (other than a machinegun or de- of private property owners and restric- on ran for the Texas legislature, where structive device) that has been shipped or tions in government buildings, and this she served for 10 years. I thank her for transported in interstate or foreign com- is a regulatory framework that has all she has done to bring this issue merce in any State other than the State of home in ways that all of us can under- residence of the individual that— worked in Vermont, and it is a set of stand, and to protect the Second ‘‘(A) has a statute that allows residents of rules that have been considered and Amendment rights of responsible, pa- the State to obtain licenses or permits to adopted by the people and elected offi- carry concealed firearms; or triotic, law-abiding citizens. Suzanna cials of Vermont, without interference ‘‘(B) does not prohibit the carrying of con- from those who do not know Vermont understands very well that we must cealed firearms by residents of the State for never ever criminalize law-abiding citi- or its citizens. lawful purposes. These are judgments made by State zens exercising their Second Amend- ‘‘(b) CONDITIONS AND LIMITATIONS.—The ment rights by passing misguided legis- possession or carrying of a concealed hand- elected officials with the advice of lation which encroaches on those gun in a State under this section shall be State law enforcement leaders. These rights and does not solve the real prob- subject to the same conditions and limita- are not judgments made for the States lem, which we can do and I hope we tions, except as to eligibility to possess or by Federal legislators who think they will take up in enforcing existing laws carry, imposed by or under Federal or State know better and want to second guess law or the law of a political subdivision of a and dealing with the mental health the best judgments of State and local State, that apply to the possession or car- officials. component that is a common element rying of a concealed handgun by residents of in so much of this legislation. In matters of State police power, the the State or political subdivision who are li- Congress has traditionally not meddled Mr. CORNYN. Madam President, I censed by the State or political subdivision ask unanimous consent to call up my to do so, or not prohibited by the State from in State affairs. That is how it has al- amendment numbered 719. doing so. ways been and that is how it should re- The PRESIDING OFFICER. The ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In main. That is what the 10th Amend- clerk will report the amendment. a State that allows the issuing authority for ment provides. What might work in The bill clerk read as follows: licenses or permits to carry concealed fire- Vermont might not work in Chicago. arms to impose restrictions on the carrying The Senator from Texas [Mr. CORNYN], for And it is not up to me as a Senator of firearms by individual holders of such li- himself and Mr. VITTER, proposes an amend- from Vermont to tell the elected and ment numbered 719. censes or permits, an individual carrying a concealed handgun under this section shall law enforcement officials in Illinois Mr. CORNYN. Madam President, I be permitted to carry a concealed handgun what their public safety laws should ask unanimous consent that further according to the same terms authorized by be. reading of the amendment be dispensed an unrestricted license of or permit issued to The amendment we now consider with. a resident of the State. would nullify the laws of all 50 States

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Under urban cities and override their public bate and consider legislative proposals, amendment 719, he could travel across safety determinations. This is not a not once did the measure we now de- State lines and confront his ex- well-considered approach, and it is an bate come up for discussion. Now, with- girlfriend, even if she lives in Cali- immense imposition on law enforce- out having any regular order, the pro- fornia, where his conviction would ment officials in a host State who will ponents demand that this amendment have prevented him from obtaining a be commandeered by the Federal Gov- be made law. concealed carry permit. ernment to police the concealed carry This amendment, which would fed- In other words, States with the weak- laws of 49 other States. I voted against eralize the concealed carry laws of est conceal carry permitting standards an early version of the Brady bill be- every State, is a slippery slope. If we will set the national standard regard- cause it imposed unconstitutional bur- vote to enact such precedent, then a fu- less of existing State laws. dens on State and local law enforce- ture Congress with different views for a States vary widely on how to regu- ment. The Supreme Court agreed with different era would have firm ground to late concealed weapons. For example, my view and ruled that unconstitu- preempt the laws of all 50 States to re- California prohibits possession by indi- tional. strict or condition the ability of citi- viduals convicted of violent mis- In addition, this amendment would zens to carry a concealed firearm. demeanors; requires completion of a force a jurisdiction that is located We, as Senators, ought to be very firearm safety training course; gives within a State that may issue con- careful about the path we are asked to law enforcement broad discretion to cealed carry permits but which does take with this amendment. approve or deny a concealed carry per- not allow citizens to carry concealed This is not a measured approach. It is mit application; and requires appli- firearms in that political jurisdiction blanket preemption. It is not like the cants to show that they have ‘‘good to favor out-of-state residents by re- measured approach I took with the moral character’’ and ‘‘good cause’’ to quiring that they be allowed to carry a Law Enforcement Officers Safety Act, carry a concealed weapon. gun even though the instate resident is which permits highly qualified active On the other hand, Mayors Against prohibited from doing so. This amend- and retired law enforcement officials Illegal Guns found that at least 28 ment should offend everyone’s sense of to carry firearms across State lines. In States grant concealed carry permits State sovereignty and self-government. that law, we have rigorous require- to individuals convicted of stalking; at This amendment is not about cor- ments. We have law enforcement offi- least 7 States grant those permits to recting some existing restriction of the cials who have training, who are sworn people convicted of misdemeanor as- Second Amendment right. That right is to uphold the law, and who have dedi- sault and battery; at least 12 States secure. Nor can it be about acting cated their careers to protecting the grant permits to individuals with no where the States have refused to act. public. That is a measured approach, firearms safety training; and at least 9 The States are doing an exceptional job and it is far different from the amend- States grant concealed carry permits of entering reciprocity agreements ment we debate now. to teenagers. with each other, based upon discus- Many in this Chamber talk rev- Ignoring these differences, amend- sions and agreements between State of- erently about the importance of State ment No. 719 would allow nonresidents ficials and without meddling by the sovereignty and the 10th Amendment. who cannot meet a State’s permit Federal Government. Thirty-seven Many in this Chamber decry the pres- standards to carry a concealed weapon States have reciprocity agreements ence of ‘‘big government’’ in the lives into the State. with at least one other State; some of Americans. Well, nothing reeks of This amendment would also endanger have agreements with many other big government like trampling the law enforcement officers. According to States. This amendment would unnec- judgment of 50 State legislatures that the California Police Chiefs Associa- essarily trample on the 10th Amend- are in a far better position than we are tion, there is currently no national ment to the Constitution. It places an to set local public safety policy. data system that records legitimate ideology over the rights reserved to the This amendment comes at the behest concealed carry permits, so it is impos- sovereign States. of special interests. As I have said re- sible for an officer on the street to de- I would hope that those who claim to peatedly, we should not be taking or- termine whether a permit is valid dur- believe in the principles of federalism ders from special interests. We are the ing traffic stops or other high-risk sit- would recognize the dangers associated Senators elected to represent the best uations. with legislating a one-size-fits-all ap- interests of 314 million Americans. The vast majority of States have ei- proach in matters of public safety and I urge Senators to have the courage ther rejected reciprocity or limited it local concern. And what of the prac- to oppose this amendment. It is unwise to States with equivalent or higher tical concerns, which Philadelphia Po- and unnecessary. For those who appre- standards. In fact, several States—such lice Chief Charles Ramsey laid out in ciate the ability of citizens to carry as New Mexico, Nevada, Arkansas, and testimony in the House Judiciary Com- concealed firearms, opposing this Wyoming—have rescinded reciprocity mittee in September of 2011? amendment will help preserve those with other States that no longer meet The Federal preemption of State laws abilities. the State’s minimum standards. represents a serious encroachment on Let’s respect the virtues of fed- Major national law enforcement or- State sovereignty. It is a subject we eralism and let the States act in their ganizations—including the Inter- have examined thoroughly in the Judi- own best judgment about who may or national Association of Chiefs of Police ciary Committee during the years of may not carry a concealed firearm in and the Major Cities Chiefs Associa- the previous administration and in re- their State. Let’s be cautious in our tion—as well as the National Network lation to efforts then to strip the citi- approach in matters of State police to End Domestic Violence, the Amer- zens of Vermont and other States of power and respect the values enshrined ican Bar Association, and Faiths their rights to seek justice in the in the 10th Amendment to the Con- United, are also joining with Mayors courts. stitution. Against Illegal Guns to oppose amend- In a case called Wyeth v. Levine, the Mrs. FEINSTEIN. Madam President, ment No. 719. Supreme Court rejected efforts by a I wish to oppose amendment No. 719. Congress should not support a law pharmaceutical company to shield Amendment No. 719 would create a that undermines State law protections, itself from accountability under State public safety crisis by forcing nearly puts our police officers in greater dan- law with Federal bureaucratic regula- every State to recognize the concealed ger, and allows unfit and dangerous in- tions when it grievously harmed a carry permits issued by other States, dividuals to carry concealed weapons Vermonter. The Federal preemption of even if the permit holder could not in another State.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2709 I urge my colleagues to join with me those individuals undergo background I am also pleased that the Manchin- in rejecting amendment No. 719. checks. I found that to be completely Toomey proposal would create a na- I yield the floor and suggest the ab- unnecessary and onerous. tional commission on mass violence. sence of a quorum. In addition, the bill that is on the This is a proposal I have long advo- The PRESIDING OFFICER. The floor now has burdensome paperwork cated and is very much needed. It clerk will call the roll. requirements that are unnecessary and would convene experts to study all as- The bill clerk proceeded to call the that many believe are unworkable as pects of these horrible attacks and roll. well. mass murders that have plagued our Ms. COLLINS. Madam President, I By contrast, the Manchin-Toomey country, caused so much anguish to ask unanimous consent that the order compromise takes a much more com- the families left behind, and have for the quorum call be rescinded. monsense approach by requiring back- caused unbearable anguish for the sur- The PRESIDING OFFICER. Without ground checks only for commercial vivors as well. objection, it is so ordered. transactions. Their approach clearly Obviously, this debate is just begin- AMENDMENT NO. 715 exempts family gifts and transfers and ning on the Senate floor, and the Ms. COLLINS. Madam President, I truly private sales. Their amendment Manchin-Toomey amendment is just rise to discuss the background check protects private sellers from lawsuits if one of many that will be considered. I amendment proposed by our colleagues the weapon is cleared through the ex- will support some amendments, others Senator MANCHIN and Senator TOOMEY. panded background check and is subse- I will strongly oppose. It is impossible I grew up in northern Maine where quently used in a crime. That is the to predict, at this early point before we responsible gun ownership is part of same kind of protection that licensed have cast a single vote on the many the heritage of virtually every family. gun dealers receive now. amendments that have been filed to In fact, I cannot think of a family in The compromise also authorizes the this bill, what the bill will look like in my hometown of Caribou that did not use of a State concealed carry permit the final analysis and whether I shall have firearms in their homes when I instead of a background check when be able to support it. I do believe the was growing up, and that includes my purchasing a firearm from a dealer, Manchin-Toomey background check own family. I strongly support our Sec- recognizing the rigorous background amendment is a reasonable, common- ond Amendment rights, and two recent checks and approval process these con- sense, thoughtful proposal that I can Supreme Court decisions in District of cealed carry permits require. Their and will support. Columbia v. Heller and McDonald v. amendment also improves interstate I yield the floor. Chicago make clear that those con- travel laws for sportsmen and sports- The PRESIDING OFFICER. The Sen- stitutional rights pertain to the indi- women who transport their firearms ator from Wyoming. vidual. across State lines in a responsible way. AMENDMENT NO. 717 As we have studied this important The term ‘‘transport’’ includes stay- Mr. BARRASSO. Madam President, I issue during the past several months, I ing in temporary lodging overnight, ask unanimous consent to call up my have met with countless people who stopping for food, buying fuel, vehicle amendment No. 717. hold a wide range of views. They in- maintenance, and medical treatment, The PRESIDING OFFICER. The clude the Sportsman’s Alliance of which will improve the quality and clerk will report. Maine, known as SAM, Maine law en- completeness of the data in the NICS. The assistant legislative clerk read forcement officials, the NRA, victims Their amendment would also mandate as follows: improvements that would require of gun violence, licensed gun dealers, The Senator from Wyoming [Mr. BAR- firearms manufacturers, mental health States and the Federal Government to RASSO] proposes an amendment numbered professionals, and school superintend- send relevant records on criminals and 717. ents, among many others. These dis- people who are dangerously mentally Mr. BARRASSO. I ask unanimous cussions have been so helpful to me as ill through State plans that are devel- consent that the reading of the amend- I seek to better understand the issues oped in conjunction with the Depart- ment be dispensed with. which confront us as we shape this bill. ment of Justice, which is another im- The PRESIDING OFFICER. Without We have discussed issues, including portant improvement made by the objection, it is so ordered. the inadequacy of mental health serv- Manchin-Toomey amendment since we The amendment is as follows: ices, gaps in the reporting of data to know there are gaps in the reporting (Purpose: To withhold 5 percent of Commu- the National Instant Background that make the background instant nity Oriented Policing Services program Check System, school safety, excessive check system less effective than it Federal funding from States and local gov- violence in video games and movies, should be. ernments that release sensitive and con- the lack of effective laws for gun traf- The bill also fixes an unjust situa- fidential information on law-abiding gun ficking, and straw purchases aimed at tion, where veterans have been inap- owners and victims of domestic violence) getting guns in the hands of criminals. propriately reported to the database At the appropriate place, insert the fol- Those are just some of the many issues without due process. The amendment lowing: I have had the benefit of discussing requires a veteran to receive extra due SEC. lll. PROTECTING THE PRIVACY AND process prior to losing his or her right SAFETY OF LAW-ABIDING GUN OWN- with my constituents. ERS. As a result of these extensive discus- to buy a gun, and that is only fair. Spe- Section 1701 of title I of the Omnibus sions, I have decided to support the bi- cifically, it requires that the VA either Crime Control and Safe Streets Act of 1968 partisan compromise authored by Sen- establish or designate a board for the (42 U.S.C. 3796dd) is amended by adding at ators JOE MANCHIN and PAT TOOMEY. purpose of hearing appeals by veterans the end the following: Their bipartisan effort would strength- who are considered adjudicated as men- ‘‘(l) PROTECTING THE PRIVACY OF LAW-ABID- en the background check system with- tally ill and the veteran can appeal di- ING GUN OWNERS.— out in any way infringing on our Sec- rectly to this board or an outside court ‘‘(1) DEFINITION.—In this subsection, the term ‘private gun ownership data’ means in- ond Amendment rights. I would note of jurisdiction. formation held by a State or unit of local their proposal represents a vast im- It was critical to my support of the government that concerns— provement over the provisions cur- Manchin-Toomey amendment that it ‘‘(A) a license or permit of an individual to rently in the bill. explicitly bans the Federal Govern- purchase, possess, or carry a firearm; There were particular provisions of ment from creating a national firearms ‘‘(B) a license or permit of an individual re- the legislation which was drafted by registry. I am completely and unalter- lating to ammunition; or Senator SCHUMER that I oppose, such ably opposed to creating a national ‘‘(C) the location of an individual gun as the background check provisions registry of gun owners that would be owner. which are in the bill. For example, if a maintained in Washington by the Fed- ‘‘(2) WITHHOLDING FUNDS FOR NONCOMPLI- ANCE.— father gives a gun as a gift to his son eral Government. The bill imposes seri- ‘‘(A) IN GENERAL.—Subject to subparagraph or daughter or a brother sells his hunt- ous criminal penalties on any indi- (B), and notwithstanding any other provision ing rifle to his brother, the provisions vidual who misuses or illegally retains of this part, if a State or unit of local gov- of the legislation would require that firearms records. ernment receiving a grant under this part

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2710 CONGRESSIONAL RECORD — SENATE April 17, 2013 publicly releases private gun ownership data The timing of the disclosure and the ‘‘Somebody could come from Wyoming during any fiscal year, the Attorney General robberies clearly appears to be more to the big cities of New York or New shall withhold 5 percent of the amount that than just a coincidence. These crimi- Haven or Bridgeport and carry a con- would otherwise be provided to the State or nals had the names, addresses, and a cealed weapon.’’ unit of local government under this part for that fiscal year. map. That is all they needed. And As a surgeon, I did some of my sur- ‘‘(B) EXCEPTION.—Subparagraph (A) shall where did they get it? Because of the gical training in New Haven and not apply to any release of private gun own- release of the information by the gov- Bridgeport. So I am a Senator from ership data that is necessary in the course ernment. Wyoming, and it mentions places of— This, to me, was an irresponsible dis- where I did my surgical training, and I ‘‘(i) a bonafide criminal investigation; or closure. do have a concealed carry permit ‘‘(ii) a trial, hearing, or other proceeding of It goes beyond that. They have also issued by the State of Wyoming. any court, board, commission, or agency. released information that put a victim I bring this to the attention of this ‘‘(3) REDISTRIBUTION OF WITHHELD FUNDS.— of domestic violence at risk. According body to say that I would, with this con- On the first day of the first fiscal year after a fiscal year in which amounts were withheld to a New York State Senator, the cealed carry permit, under the amend- from a State or unit of local government county officials also disclosed the ment I support, be able to carry con- under paragraph (2), such amounts shall be name and the location of a victim of cealed in Wyoming as well as if I re- made available to States and units of local domestic violence who had a legal gun turned to the place where I got some of government that do not publicly release pri- permit. my surgical training. What we need to vate gun ownership data.’’. Throughout my medical career I have have is this sort of reciprocity. The PRESIDING OFFICER. The Sen- treated victims of domestic violence. I In Wyoming, we don’t just hand out ator from Wyoming. have seen firsthand the importance of permits such as this. There is an entire Mr. BARRASSO. Madam President, I not disclosing the location of victims regimen an individual must go through rise today to speak about this amend- of domestic violence. Often they move to obtain a concealed carry permit. ment which to me is very simple and among a network of safe houses. They First, a person has to prove they are very straightforward. This amendment start a new life in a new city. This in- proficient in handling a firearm by is designed to protect the privacy and dividual was so threatened that she taking a course and getting signed off the safety of law-abiding gun owners. contacted her State Senator, for one. by a certified inspector, complete an If a State or local government re- While I don’t know the specifics of her application, pay a fee, and then of leases private information on gun own- case, I do know there was someone in course submit fingerprints to the FBI ers—which we know has happened— her life who posed a threat that war- for an evaluation. So a person has to go then that State or local government ranted a gun permit. Victims of domes- through all of those things. I will tell will lose part of its funding that comes tic violence should never have their lo- my colleagues, criminals do not apply from the Federal Government. This in- cation disclosed by State or county of- for concealed carry permits. Criminals cludes private information on individ- ficials—not under any circumstances I issue their own. uals who have licenses to purchase, can think of. This, to me, is a perfect If an individual is currently prohib- possess, or carry firearms. example of the unintended con- Again and again we have seen the ir- ited by Federal law from carrying a sequences of a government releasing responsible release of gun ownership firearm, they are going to continue to sensitive information. information. Most recently, a news- be prohibited under this amendment. As we can see from these examples, paper published an interactive map of This amendment allows law-abiding in- there are many unintended con- data received by government officials dividuals to lawfully carry concealed sequences that put the public at risk. of gun owners in various parts of New firearms across State lines while fol- The county officials were responsible, York. One may wonder how the publi- lowing the laws of the host State. Just in my opinion, and they certainly did cation got such a list. They obtained like a driver’s license, this amendment not increase public safety. I believe this sensitive list from county offi- is a license for self-defense across State cials. The map included the names and they harmed it. lines in accordance with State laws. So now we have two handguns that addresses of individuals who have fire- I encourage my colleagues to vote in were stolen in the hands of criminals arm permits in the counties involved. support of my amendment as well as These individuals—law-abiding gun because of the fact that the list was re- the one we just heard about from Sen- owners, retired law enforcement offi- leased and then made public in a broad- ator CORNYN about concealed carry. cers, victims of domestic violence—all er way. We now have a victim of do- With that, I yield the floor. had this information about their pri- mestic violence whose identity and lo- The PRESIDING OFFICER. The Sen- vate lives released. The release of this cation have been disclosed. This re- ator from West Virginia. information by county government did lease of private gun ownership informa- Mr. MANCHIN. Madam President, I nothing to increase public safety and, tion not only puts the lives of gun own- ask unanimous consent to speak for up in fact, I believe the government com- ers and law enforcement and victims of to 45 minutes. promised public safety. By releasing domestic violence at risk but also their The PRESIDING OFFICER. Without the names and addresses, I believe the unarmed neighbors. objection, it is so ordered. government put these permitholders I bring this amendment to the floor. Mr. MANCHIN. Madam President, and their families at risk. It also put a While this information clearly involves first of all, I wish to thank all of my mark on the backs of their neighbors gun owners, it is about privacy and our colleagues because I know it has been a who may not have any firearms. Even- rights as individual citizens. It is about difficult time and there are an awful tually, this newspaper took the map protecting the privacy of law-abiding lot of people who have different com- down, but the damage was already citizens who are exercising their Sec- ments on this legislation. They have done. ond Amendment rights. So today I ask different feelings about it. There are an In January of this year, a criminal my colleagues to support this amend- awful lot of facts and nonfacts, truths attempted to burglarize a home in ment. and untruths that have been out there, White Plains, NY. The homeowner was AMENDMENT NO. 719 and I wish to set a few of those things in his seventies and his gun informa- I also wish to say a word about an- straight. tion was released on the Internet. other amendment proposed earlier that I think the Presiding Officer knows I Thankfully, the robber did not success- we will be voting on later today which am a proud gun owner. I come from a fully steal the firearms. Less than a has to do with the concealed carry tradition in West Virginia, the same as week later—also earlier this year, in issue. I have a Washington Post front- the Presiding Officer from North Da- January—another home in New City, page story from this past Saturday, kota. I am an A-rated lifetime, card- NY, that was disclosed on the Internet April 13, and the article quotes a Mem- carrying member of the National Rifle was robbed. This time, the robber suc- ber of this body. It is a front-page arti- Association. I agree wholeheartedly cessfully stole two handguns and two cle that carries over. It says: ‘‘Some- with the mission of the NRA, which is firearm permits—legally obtained fire- body could come from Wyoming’’— to defend the Second Amendment arm permits now stolen. well, I am a Senator from Wyoming. rights of law-abiding, gun-owning

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2711 American citizens such as the Pre- cannot, by law. In our bill, we even me and let’s fix it. If you believe they siding Officer and myself, to promote make sure any type of information for did not turn all their records in, I have firearms and hunting safety. As a mat- registration cannot be used. We said if got penalties. Also we have incentives ter of fact, as Governor, I promoted the a person tries to do it—if a government for the States to do their job. We will Eddie Eagle Program in West Virginia agency or a person who works for the fix that. along with our friends. The NRA’s mis- government tries to use any of these If you are saying there have been sion includes promoting marksmanship records, it is a felony with 15 years of some of these agents who have been a and educating the general public about imprisonment. That is how much this little bit rogue, and they wanted to use firearms. bill protects my rights as a law-abiding these records, and you still, in your I carry my card with me. I have had gun owner. mind, believe they are going to take this for quite some time. It is a life- Mr. LaPierre: ‘‘We think it’s reason- your records, we have said, now if they time membership. Ever since I became able to provide mandatory instant do it, it is a felony with 15 years im- a member, I have read all the maga- criminal background checks for every prisonment. zines, as have most of us when we get gun sold at a gun show.’’ We have We are fixing everything you have them, and I have gotten all the special talked about this before. The law today told me. If you are saying as a law- notices about when there was some- says that if I go to a gun show and abiding gun owner, I am looked upon as thing of concern. I have always read there is a licensed dealer, that dealer if something is wrong with me: Why their material, and I have said, Oh, still has to do a background check on would I want to own a gun? Why would that is great; I am glad someone is say- me and keep the proper record. But I I have a gun? ing this and speaking out. can go to a table or go outside in the There are three types of gun owner- I was surprised when the latest alerts parking lot and nothing is required of ship in America. You have a sportsman from the NRA were filled with so much me—nothing. All we are doing is tak- who likes to hunt, shoot, enjoy the misinformation about the firearms ing current law and making it uniform family outings. You have one who buys background check legislation that Sen- so everybody plays by the same set of it for the defense of themselves and ator TOOMEY and I are trying to get in rules. We think it helps tremendously. their family. And you have a pure confront of the Senate to be passed. They We talked about criminals and people stitutionalist. I do not relate to this are telling their members that our leg- who have been adjudicated through a group here: that I am afraid my gov- islation would—and I quote—I want to court of having mental illness and it ernment is going to come after me and quote this—‘‘criminalize the private has been determined they are incom- I have to defend myself against the transfer of firearms by honest citizens, petent. We don’t think those people U.S. Government or the military. I am requiring lifelong friends, neighbors should be able to buy a gun at a gun not fearing that, so I am not in that and some family members to get Fed- show or online or at a gun store. We be- category. I am in these two categories eral Government permission to exer- lieve the law-abiding gun owners whom which most Americans are: either you cise a fundamental right or face pros- I know in West Virginia—and I am sure are a sportsman or you want to defend ecution.’’ the Presiding Officer knows in North your family and yourself and your Where I come from in West Vir- Dakota—would not sell their gun, even property. ginia—I don’t know how to put the though they don’t have to go through a This bill protects that right more words any plainer than this—that is a background check, to someone they than any bill we have ever had before lie. That is simply a lie. Anybody who know is mentally insane or has a us. It will do it more than it has ever can read knows that is not factual. criminal intent. That is not how we been done in the last two to three dec- There is nothing in this bill—there is transfer or sell our guns in West Vir- ades. I can stand at any crowd—and I not a universal background check. ginia. have been going in front of some of the There is nothing in this bill that says I will tell my colleagues this. I have most ardent gun-support crowds—I if a person is living in a neighborhood talked to all my gun owners all over have given them the bill and let them and they want to sell a neighbor their my State, and I am so proud of them. read the bill and I have taken every gun, they can’t do it. No background They have heard all of this hogwash question they have asked me—every checks are required. If a person comes out there and all the lies from people question. At the end, you might have from a State with the gun traditions trying to misrepresent. When I talked one or two who say: I am sorry, I think we have in our State, the gun culture, to them, over 87 of them said, I agree you are overreaching. I think that ba- that person can give it to their son, with you; you are right. They have sically I should have the right to buy, their grandson, any of their family read the bill. sell, do anything I want with a gun. members, and no background check is This is tough, I understand, but all I This might be the same person who be- needed. Why they would say the pri- am asking is for people to take the lieves there should be no laws for any- vate transfer of firearms by honest time to read it and make sure they thing, that you should not have to have citizens—this bill protects honest gun- know what is being proposed. a driver’s license to drive a car, that loving, law-abiding citizens more than I would be OK if the NRA just said, you should not have to pay income any piece of legislation we have had in Listen, we have tried the background taxes, that you should not have to the last two to three decades, and I checks and guess what. The Federal abide by any laws we have on the think people who have read the bill Government didn’t do its job the way it books. I respectfully disagree, but I re- know that. was supposed to. They are right. The spect their position. That is a very I remember when the NRA used to Federal Government did not clamp small minority but, boy, can they talk. feel a lot differently about background down. They did not require the States They are very loud, and I understand. checks and it wasn’t all that long ago. to turn in all of their records and im- So the only thing I am saying is, if Back in 1999, their executive vice presi- pose any type of a penalty. some of the friends I have known for- dent, Wayne LaPierre, testified before Guess what. In our bill, we fix that. I ever over at the NRA—if somebody Congress that background checks were have told people before, I have been in made a mistake when they put this in- reasonable. In fact, he said it over and the legislative process for quite some formation out, please correct it be- over and over. Let me quote Mr. time. I have been Governor of my State cause, I can tell you, in Washington or LaPierre: ‘‘We think it’s reasonable to and I have been involved in so many in West Virginia or as a human being, provide for instant checks at gun different aspects of government. I have the only thing you have is your word shows just like at gun stores and pawn- never seen a perfect bill. I really have and your credibility, and make sure shops.’’ not. I have never had a perfect bill that when you tell someone something, you Because the law says if a person goes I have ever voted on that did not have tell them the facts and the truth. to a gun store now that is a licensed to be worked on. If that is your friend and it is some- dealer, a person has to do the back- So I would say to my friends—wheth- one you want to represent, honestly, ground check, and by law they have to er it be the NRA or any gun organiza- say: Let me tell you both sides. You keep the record, and by law they can- tion—if you do not like the thing you make your decision. I am going to de- not use that as a registration. They supported 10 years ago, then work with fend you. I am an unconditional friend.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2712 CONGRESSIONAL RECORD — SENATE April 17, 2013 I am your friend no matter what, who are making a living selling guns That was more than a dozen years through thick or thin. Now we go on to on the Internet because no one is ago, and we all know how the Internet the next thing, if you will, when things checking anything. This bill would pre- has expanded since then. The online do not work out. I understand that. vent that from happening. market may now exceed gun shows in But I am just saying: Tell me every- Old Hickory also said: terms of sales volume. We all know thing. Tell me what I can expect of One man with courage makes a majority. how we are using our technology more someone who might not agree with me One person, because, Madam Presi- and more every day for our personal and tell me what I can expect of the dent, you and the other ladies in this lives and how we depend on it. For ex- people who will agree with me. I can body have given us so much strength. ample, the National Shooting Sports handle that. You really do. You bring balance. As it Foundation surveyed owners of modern I will tell my friends, if you lose your is said in some of the movies, you com- sporting rifles in 2010 and found that 10 credibility in Washington, you have plete us. You complete us as a body. percent of them—10 percent of all rifles lost everything. I used to get all the You really do. I appreciate so much the sold—had purchased their firearms at magazines I received, all the special grounding and the way you ground us, gun shows whereas 25 percent had pur- notices they wanted me to be alerted and I thank you for that. chased them online—25 percent. to. I start questioning, if you did not As shown on this chart, this is an al- Believe me, I understand the polit- represent it accurately, how could I Qaida member too, and I want to speak ical stakes for my colleagues—and I make an honest decision on how I about this. I was watching ‘‘Morning sympathize; I have been there; I under- should feel? That is all. Joe’’ one morning, and they showed a stand—who come from States such as Madam President, I do not need to clip. They showed a clip of this gen- West Virginia. And no State has a tell you. You know how relationships tleman, who is an American, an al- higher regard for the Second Amend- are built and how they are kept, and Qaida terrorist who is an American. As ment right to bear arms than my that is the most important thing here you see there, if you ever click on State. In fact, on the Great Seal of the in this body. I say that with the ut- this—this is very easy to pull up on State of West Virginia, the preamble most respect for everybody in this your video—our gun laws are so out- is: ‘‘Montani semper liberi.’’ In Latin body. I understand some of our col- dated and so out of whack that even that means: ‘‘Mountaineers Are Always leagues believe that supporting this this person, who wants to do damage Free.’’ So you know how we feel. We piece of legislation is risky politics. I and harm to every American—even this are one of the few States that became think there is a time in our life, a de- person—has figured out how to exploit a State during the Civil War. We broke fining time in public service, a time them, to arm themselves and people away from Virginia at that time. when you have the ability to stand like him in our country. If you have But West Virginians are also guided when you know the facts are on your not, you need to see this. His name is by a little common sense. I have said side and walk into the lion’s den and Adam Gadahn—Adam Gadahn is his this. In West Virginia we know what look that lion in the eye and tell that name—telling sympathizers—telling nonsense is, we know what common lion: Listen, not today; not today. sympathizers of al-Qaida—how to get sense is, and now we know what gun Even if politics are risky, remember their hands on guns in America with sense is. That is all we are asking for. the words of Andrew Jackson. almost no questions asked—almost no I am proud of all of my West Vir- The brave man inattentive to his duty is questions. He says: ginians. When they read our legisla- worth little more to his country than the America is absolutely awash with easily tion, they understand that all we are coward who deserts in the hour of danger. obtainable firearms. You can go down to a doing is using common sense to protect I am not saying any of that. Every- gun show at the local convention center and come away with a fully automatic assault the safety of the public, especially our body has their purpose and reason. This rifle, without a background check and, most kids and at the same time protect the piece of legislation, the longer people likely, without having to show an identifica- Second Amendment right to bear arms. read it, the more they study it, the tion card. John Adams once said: more it sells itself. And then he finishes: Facts are stubborn things. My good friend JON TESTER from So what are you waiting for? ‘‘Facts are stubborn things.’’ It is Montana spoke right on this floor 2 ‘‘So what are you waiting for?’’ hard. It is hard. And I am pretty stub- days ago. I said: JON, if you want to Those are his words. Well, I am not born myself, as I know, Madam Presi- come down and say something, please waiting. I am not waiting for him to dent, you are, and all of our colleagues. do. I did not know what JON was going get his hands on the guns. If you are a If we were not, we would not be here. to say. But I did encourage JON: Please law-abiding American citizen, who can So I am going to go through our leg- read it. Well, flying to Montana and pass a background check, God bless islation again and tell you what is the back, you have a little bit of time to you. I will fight to the nth degree to myth out there and what is the fact read, and JON used that time to read defend your Second Amendment rights. about our legislation. the bill, frontwards and backwards. He But if you are this guy, with the pur- Let’s start with the myth that the spoke about the things in the bill it did pose this guy has for America and NRA is repeating to their members. and the things it did not do. That is Americans, absolutely not. That is Let’s start with that. what we have been talking about: that what we are asking. Our legislation Here is the myth: This legislation 90 percent of Americans—83 percent of shuts him down. It stops him cold in will require background checks when a West Virginians—support a criminal his tracks. gun owner sells, loans, or gives a fire- background check or a mental back- If al-Qaida’s enthusiasm for gun show arm to a relative, neighbor, or friend. ground check. They do not support in- sales is not chilling enough, you have It is going to prohibit that from hap- fringing on an individual’s right. If you to read today’s New York Times article pening. That is what they are saying are out in parts of my State—my beau- about how easy it is for criminals to this legislation does. tiful State of West Virginia—where you buy and sell guns on the Internet. Not Here is the fact: Current law exempts know everybody, you know who is re- only is it quick and easy, it is anony- such transfers from background sponsible or not, you know a family mous. You do not have any idea who checks, and our bill does nothing to member you want to give a gun to. We you are dealing with. One of the people change that—nothing to change that. know that. We did not infringe on that. in the article describes these Internet You can loan your hunting rifle to But they also believe that on the sales as a ‘‘gun show that never your buddy without any new restric- Internet you might never know some- ends’’—‘‘a gun show that never ends’’— tions or requirements or you can give body and that some background check and I would add: never closes because or sell a gun to your brother or your should be required. If you read the New the Internet is 24/7. sister, your cousin, your uncle, your York Times today, you will see an arti- The Internet is a vast marketplace coworker without a background check. cle there that is very alarming and for guns. In 2000, the Department of You can post a gun for sale on the cork alerting. It allows us to see into the Justice estimated that 80 online fire- bulletin board at your workplace or on world of Internet transfers of guns— arm auction sites and approximately your church bulletin board without a people who are known felons, people 4,000 other sites offered guns for sale. background check.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2713 We are not going to do anything to to put bulletproof glass on all first input. Whether it came from an organi- turn law-abiding gun owners into floors of our schools. Bulletproof glass. zation representing millions of people, criminals, which is what they want you Now, think about this. Adam Lanza I wanted their input. Whether it came to believe any legislation and our legis- shot out the front door and stuck his from a person who wanted to ban ev- lation—mine and Senator TOOMEY’s arm through and opened the door to erything, I wanted their input. Then and Senators KIRK’s and SCHUMER’s— get into that school. It was locked they were able to come together and would do. It does not do that. down. Most of the schools now have say: If I am a law-abiding citizen, then There is another myth: Nothing in looks on them. Most of the classrooms let me exercise my rights as a law- this legislation would have prevented have locks. If you can shoot the glass abiding citizen. or will prevent any tragic mass shoot- out and stick your arm into the door, The Second Amendment is very cher- ings in the future. what good is it? ished by us and very sacred in West Madam President, I know you were We would have never thought about Virginia as it is in North Dakota and visited by the families, as most of our that. If we could have done that, everywhere else. We made sure the cul- colleagues were, from Newtown—a maybe, just maybe, we could have pre- ture we grew up with was protected and most difficult time. Not one of them vented this horrible tragedy. I do not enhanced. We made sure of that. ever asked us to take the guns away. know. But the families are not asking I can go to any group in America and Not one of those families ever asked us us to look back, they are just asking to show them. When they see the facts, to repeal the Second Amendment. They look forward. They are saying there they will agree. I have been there. I never infringed on any of that. And could be another child, that there know it happens. most of them to a ‘‘T’’ said: I know this could be another massacre; can we stop So I finally will say: If you are a law- would not have saved my baby. I know it? abiding citizen, and you are a law-abid- this law today that you are working on I do not say this bill is a panacea. ing gun owner, you want to be treated would not have saved my baby. They But if I can stop one crazy person, if I and looked upon as a respected law- know that. They said: Maybe we can can stop one criminal who has nothing abiding citizen and gun owner, this bill save somebody else’s baby. That is all. but hatred and harm to inflict on other does it for you. If you believe we should But let me tell you, this bill has a people, if I can do that, I have done my be able to treat our veterans better component called the Commission on job, I think I have, and I can go home. than we have because veterans today, Mass Violence because, as you go As one of the Newtown parents, if they are just evaluated by a VA around and you talk to the children Francine Wheeler, said: Please help us court, if you will, and determined throughout the schools of your State, do something before our tragedy be- that—that is just not right. They can respectfully—I have been all over West comes your tragedy. This is so compel- be put on the NICS list immediately. Virginia—this generation has been de- ling. It really is. Our bill will ensure We have a 30-day period that every vet- sensitized to the violence that you and that the States get their records up to eran coming out who might have some challenges—and God only knows, those I grew up being scared to death of. speed. The NRA was correct. They said: They have been desensitized. They Hey, you have not done your job. I men and women have sacrificed so can get on a video game and see things agree with them. We did not. But we much, what it has done to their lives. we can never imagine. This Commis- are going to. We owe them everything. We owe them sion on Mass Violence is put together I have often said: You can either the right to be able to live as a law- by people of expertise who can tell us throw the baby out with the bathwater abiding citizen and to get back into the mainstream of America without having about guns. When a person says: Oh, I or you can change the water. I intend to fight for rights. think that gun ought to be banned, to make a change. That is all I am ask- This bill does that for veterans. This wait a minute. That is my hunting ing. Our bill is going to prevent felons—it bill does that. We notify 150,000 vet- rifle. It might look a little different, erans—we notify 150,000 veterans who is going to prevent this guy and people but it does not shoot any different. You might be on the NICS and do not even like this guy from just going to the might not know about it, so do not ban know they are on it and give them that gun shows like a supermarket and get- that gun until you know. So this Com- 30-day repeal period. We do that in this ting whatever they want to get to do mission basically puts the expertise of bill. guns on gun people who can explain it harm to us. It will not stop them all. If So if you want to really honor a vet- to us and then make an informed deci- we can slow them down, we might have eran, if you want to thank them for sion. This piece of legislation—the saved an American’s life. their services and make sure they are Commission on Mass Violence—puts A national registry. I have talked treated with the utmost respect, this together people with expertise in men- about this so many times. That cannot bill does that. If you are a criminal, if tal illness. happen. Section 122 of this bill: you have been deemed to be mentally I go to grade schools, I go to the kin- Prohibition of a National Gun Registry. incompetent through a court, you are dergartens since this happened at New- Section 923 of Title 18, United States Code, is probably not going to like the bill. I amended by adding from our bill: The Attor- town. Do you know what they tell me? am the first to tell you that. I am They say: Senator, I can identify a ney General may not consolidate or centralize the records of the acquisition or dis- sorry. You are not going to like it. I child who has problems. I can identify position of firearms, or any portion thereof, am not going to make any excuses. I do a child who comes from a home with maintained by a person with a valid current not think you want guns for the right problems. They have mental chal- license under this chapter; an unlicensed reasons anyway. So I hope I can keep lenges. They need help. I have nowhere transferor under this section; possession of them from you. That is what I would to go. I have nowhere to send them. ownership of firearm, maintained by any say. I hope I can keep them from you. They have no insurance. They have no medical or health insurance entity. I hope you cannot go down with an type of help or support. It goes on and on. al-Qaida person over here who is an We can fix that. But you have to lis- All I have asked for is for everyone to American terrorist, go with him and ten to the people who understand men- please read the bill. I do not know what buy a gun. I hope you cannot do it at tal illness. the outcome will be. I know we are a gun show. I hope you cannot get on Then, on top of that—this is a sad close. I know it is a tough decision. I the Internet, where they do not know scenario because if we would have had know that. I feel good. I believe I am who you are and what you look like or the Commission on Mass Violence, and here for this purpose. I believe that and what your intentions are, and buy a that Commission would have come I am willing to walk anywhere that gun. back, and part of that Commission would allow me to speak the facts. I would like to maybe find out if I says, on school safety—as a Governor, As I said, I have never seen a perfect can stop you. So I plead guilty to that. and I know as an official in the Pre- bill. I am sure we can even improve on If that is what it is, I would. But I am siding Officer’s State, we built a lot of this legislation. But I will say, every- proud of the work we have done. I am schools, we modeled a lot of schools. body was asked for input. No matter proud of all of the Senators. I know all Not one time did an architect ever what side of the fence people were on Senators have to make a decision. I re- come to me and say: Governor, we have on the gun issue, they were asked for spect that.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2714 CONGRESSIONAL RECORD — SENATE April 17, 2013 I do not think ever in our lives has a killed in the prime of her life by an il- porters, gun owners, and hunters sup- bill come together with so many pieces legal handgun when she was just spend- port this commonsense legislation. of it and so much involvement and ing time with her friends. I am urging all my colleagues on input, that took into consideration I vowed to Nyasia’s parents and both sides of the aisle to join us. Stand law-abiding gun owners like myself and classmates I would stop the flow of ille- with families in our communities all the Presiding Officer and so many of us gal guns which make their way onto across the country who are looking to in this body, and respected that and en- our streets and into the hands of crimi- us to take action. It is time to prevent forced it; and also the respect of our nals by finally making gun trafficking the next senseless tragedy, prevent the veterans; we fixed that; also that the a Federal crime and holding offenders next death, and the next Nyasia government hasn’t done its job but accountable with stiff penalties. We Pryear-Yard. could do a better job, and may could do have the opportunity today to give law I urge you to stand with the brave it; and the ability to keep a person who enforcement the tools and resources men and women of our law enforce- should not have a gun strictly at a they need and have long asked for. This ment at every level who are asking us commercial transaction. is not a Republican or a Democratic to take these critical commonsense I do not know of any bill that we idea. It is a smart idea and the action measures needed so they can do a bet- have had before or that we might have Nyasia’s parents deserve from us. ter job for us and keep our families again that will do it all. According to the New York City safer. With that, I would say that it has mayor’s office, 85 percent of the guns I yield the floor. been a pleasure to work with all of my used in crimes come from out of State. The PRESIDING OFFICER. The Sen- Senators. They have worked hard. I At least 90 percent of those guns are il- ator from Connecticut. know it is not going to go away. What- legal. They are illegally trafficked into Mr. BLUMENTHAL. Madam Presi- ever happens today will happen. I be- our cities and State. Of all the laws we dent, as we close this debate on this lieve we have done a good job. I just have on the books today, effectively historic bill, I urge my colleagues to ask my colleagues to consider this be- none are directly focused on preventing again heed and hear the families of fore we vote sometime this afternoon someone from driving from one State Newtown. They are here talking about and make sure they feel good and com- to another with stricter gun laws, not only the horror and unspeakable fortable and can go home and defend parking their car in a parking lot, and and unimaginable tragedy that befell their position. That is all. Everybody selling hundreds of firearms directly them on December 14, just 4 months has to do that. We have to respect that. into the hands of criminals. It is shock- ago, but to speak also for the 3,400 or I do. ing to me as a mother and as a law- more who have perished since as a re- I yield the floor and I suggest the ab- maker. sult of gun violence, the thousands sence of a quorum. Instead, prosecutors primarily rely more who will die needlessly if we fail The PRESIDING OFFICER. The on laws which prohibit making false to take action, and the many others clerk will call the roll. statements in connection with the pur- who have died tragically as a result of The assistant legislative clerk pro- chase of a firearm. These are paper- gun violence. ceeded to call the roll. work violations with penalties too low Newtown shook America. It shocked Mrs. GILLIBRAND. Madam Presi- to be effective law enforcement tools. and changed our country. We owe it to dent, I ask unanimous consent that the Over the past 3 fiscal years, more the families and we owe it to ourselves order for the quorum call be rescinded. than 330,000 guns used in violent crimes to heed and hear their message. We The PRESIDING OFFICER (Ms. show telltale signs of black market need to do something about the guns. BALDWIN). Without objection, it is so trafficking, 420,000 firearms were sto- That is what they told me again and ordered. len, and thousands of guns with oblit- again in Newtown and Connecticut and Mrs. GILLIBRAND. I rise to urge my erated serial numbers were recovered across the country. And those families colleagues on both sides of the aisle to by law enforcement. While law enforce- have come here, mustering their cour- join a strong bipartisan coalition ment is working overtime to track age and strength, showing us what is which is taking real action to end down illegal guns and apprehend those great about America—the grit and senseless, deadly gun violence. This in- who traffic these weapons, current law greatness of our Nation. cludes truly commonsense reforms restricts their ability to investigate Somewhere in that time period, there which have nothing to do with infring- and prosecute these crimes. were many bracelets, and I was handed ing on our Second Amendment rights We can all agree this simply makes one I have worn since. It says, ‘‘We and the Second Amendment rights of no sense and leaves all our commu- choose love.’’ ‘‘We are Newtown. We our law-abiding citizens. nities vulnerable. All across this coun- choose love.’’ And that is what we We have seen the Newtown parents try in small towns and big cities, fami- should do today. here in Washington bravely telling lies are saying enough is enough. It is Those 20 beautiful children and 6 their stories. They deserve better than time to get serious and do something great educators whose pictures have this body turning their backs on them. to prevent the next tragedy. been before us day after day, whose im- The families of Aurora deserve better Now we are able to do so. Our bipar- ages have been before America week than this body turning their backs on tisan Stop Illegal Trafficking in Fire- after week during these 4 months, for them. The families of the more than 30 arms Act would empower law enforce- them, we are all Newtown. Let’s choose people who die every single day at the ment to investigate and prosecute ille- love. hands of gun violence deserve more gal gun traffickers, straw purchasers, They are not the first to have per- from this body. and their entire criminal networks. ished in a mass killing. Well known to My friends, it is simply time to act. This bill is not everything I wanted America, the names are now engraved Today is the day for this body to show when I set out on this mission in 2009, in our memories, so that we merely the American people their voices mat- but it is a good bipartisan compromise. need to say them to evoke the grief and ter. When 90 percent of Americans de- It is a compromise I urge my col- tears—Aurora, Tucson, Virginia Tech. mand us to expand background checks, leagues on both sides of the aisle to All of those names and others are like- we can deliver. support. If you do, we can stop the ille- ly not to be the last, and nothing we We should be able to agree we no gal flow of guns which are coming into are doing here will end entirely the longer need military-style weapons and our city neighborhoods, reduce gun vio- plague of gun violence. We will not ammunition clips on our streets. We lence, and reduce senseless gun death. solve the whole problem because there should be able to agree it is time to Law enforcement officials across the is no single solution or even nec- crack down on the illegal handguns country need this legislation to protect essarily a set of solutions we are debat- being trafficked on our streets into the our communities from illegal weapons. ing today that will end all the tragic hands of criminals. If you are a responsible, law-abiding bloodshed. But we can save lives. We Four years ago I met the parents of gun owner watching this, you should can make a start. We can literally stop Nyasia Pryear-Yard. Nyasia was a support this legislation too. My friends a major part of it with commonsense beautiful 17-year-old honor student who are Second Amendment sup- measures that evoke common ground.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2715 With a background check system, we We ought to listen to those law en- GROUPS THAT HAVE ENDORSED THIS HIGH can stop criminals, felons, the dan- forcement officers, as I did for decades CAPACITY MAGAZINE BAN gerously mentally ill, domestic abus- as a U.S. attorney and the State attor- The groups that have endorsed the high ca- ers, and others who should not have ney general for 20 years. I am listening pacity ammunition magazine ban we are de- guns from buying firearms and using to them now when they say to me that bating today include: them as weapons of war. we need a universal background check LAW ENFORCEMENT With a ban on illegal trafficking, we system, we need to make our laws International Association of Campus Law can stop felons and other criminals more effective against assault weapons Enforcement Administrators from trading and transporting guns and high-capacity magazines, as well International Association of Chiefs of Po- lice across State lines, making a mockery as on school security and illegal traf- Major Cities Chiefs Association of strong State laws, such as Connecti- ficking. National Association of Women Law En- cut’s, which protect its people, and Ninety percent of the public, 90 per- forcement Executives stop them from making straw pur- cent of everyone in this Nation sup- National Law Enforcement Partnership to chases. Prevent Gun Violence ports this commonsense measure and National Organization of Black Law En- With measures on school safety, we 74 percent of the members of the NRA. can secure those educational institu- forcement Executives This issue is not about the NRA or any Police Executive Research Forum tions that have proven vulnerable special interests—although they have Police Foundation again and again. The Campus Safety maintained a stranglehold over this Women in Federal Law Enforcement Enhancements Act will help us do that, type of legislation for over a decade, HEALTH CARE and we can make our children less vul- maybe a generation—it is about a bi- American Academy of Nursing nerable. partisan compromise forged out of a American Academy of Pediatrics With an assault weapons ban, we can clear need for rational, sensible action American College of Surgeons begin to reduce and eventually end the that we now have an obligation to American Congress of Obstetricians and Gynecologists flow of these military-style assault adopt. weapons designed to kill and maim American Medical Association human beings. Nobody wants to take away guns. No- American Public Health Association Association for Ambulatory Behavioral With a ban on high-capacity maga- body wants to take away rights. The Second Amendment guarantees the Healthcare zines, which I will offer through Doctors for America amendment No. 714, we can make kill- right to possess firearms. But some National Association of School Nurses ers less lethal, stop them from killing firearms should not be possessed, and National Physicians Alliance their victims as rapidly and numer- some people should not possess any Physicians for Social Responsibility ously. We can gain time in those situa- firearms. That is what brings us to this EDUCATION AND CHILD WELFARE tions of mass killings where a few sec- point, this historic point in a debate American Federation of Teachers onds can actually save lives. that should evoke bipartisan support, Child Welfare League of America With these measures and others that and I hope Members on the other side Children’s Defense Fund will be offered here today on mental of the aisle who are still in doubt will National Association of Social Workers come to support this measure. We need National PTA health, for example, we can choose National Education Association love. We can choose to make some- only a few votes. We have the vast ma- Save the Children jority of Democrats. thing positive of that unspeakable and GUN SAFETY horrific tragedy which befell Newtown I salute Senators MCCAIN, KIRK, COL- Arizonans for Gun Safety and which has befallen many others be- LINS, and others on both sides of the Brady Campaign to Prevent Gun Violence fore and since. We can do something. aisle who have made difficult decisions. Coalition to Stop Gun Violence We can take action. But if this decision has seemed dif- Law Center to Prevent Gun Violence On the universal background check, ficult to them and to many others, Mayors Against Illegal Guns which my colleague Senator MANCHIN Newtown Action Alliance think of how difficult it has been for Sandy Hook Promise spoke about a short time ago and the Newtown families to come here and RELIGIOUS which he has authored with Senator share their grief and pain with us, and TOOMEY, we can choose a bipartisan they support the ban on high-capacity African Methodist Episcopal Church commonsense measure. It is not every- Alliance of Baptists magazines because they know from American Friends Service Committee thing I would hope would be in a back- their experience how lethal high-capac- Catholic Charities USA ground check measure, but it is a genuity magazines make any firearm—even Catholics United inely important improvement on cur- more lethal than they would be other- Faiths United To Prevent Gun Violence rent law. wise. Jewish Council for Public Affairs We know background checks have National Council of Churches I salute my colleague FRANK LAUTEN- worked on the 60 percent of sales where National Episcopal Health Ministries BERG, who has been a champion of this they have been applied because they Presbyterian Church (U.S.A.) Office of cause for some time, as well as Senator Public Witness have stopped about 2 million felons and FEINSTEIN, who included a high-capac- United Methodist Church other dangerous people who are prohib- ity magazine measure in her bill—it is OTHER ORGANIZATIONS ited by law from buying weapons from in her amendment now—and my col- American Bar Association actually going into stores and pur- league Senator MURPHY, who has been Grandmothers for Peace International chasing them. a partner in this effort. He and I have NAACP I understand the argument that we listened to the families of Newtown Sierra Club need more prosecutions and that exist- when they have told us why they sup- LOCALITIES ing laws need to be enforced more vig- port a ban on high-capacity magazines, U.S. Conference of Mayors orously. As a prosecutor, I am very which is supported by 65 percent of all National League of Cities sympathetic toward that argument, Americans and 55 percent of gun own- Mr. BLUMENTHAL. Madam Presi- and I will support zealously more re- ers. It is supported by groups across dent, we have listened to the families sources and even better management the board, from law enforcement to of Newtown talk about high-capacity to result in more prosecutions. We need health care, gun safety, education, magazines. to enforce existing laws more effec- child welfare, and religious groups. Bill Sherlach, for example, who was tively, but that goal should not stop us Madam President, I ask unanimous the husband of Mary Sherlach—we from improving those laws, especially have seen her picture here—had this to consent to have printed in the RECORD when law enforcement itself—our po- say about high-capacity magazines: lice and prosecutors at every level: a list of those groups supporting a ban on high-capacity magazines. It’s just simple arithmetic. If you have to State, Federal, and local—urges us to change magazines 15 times instead of five improve those laws to enable them to There being no objection, the mate- times, you have three times as many inci- prosecute more of the dangerous people rial was ordered to be printed in the dents as where something could jam. Some- who use guns for evil purposes. RECORD, as follows: thing could be bobbled. You just increase the

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2716 CONGRESSIONAL RECORD — SENATE April 17, 2013 time for intervention. You increase the time- Facts are stubborn things, as Ronald There is no preparation, no bullet- frame where kids can get out. And there’s 11 Reagan used to say. Everyone is enti- proof vest, no armor that can protect kids out there today that are still running tled to his own opinion but not to his against these kinds of weapons shot at around on the playground pretty much now own facts, as Daniel Moynihan re- the range that many of them are. That at lunchtime. minded this Chamber many times. is why we should listen to law enforce- And those 11 kids he talks about are The most tragic stories for me in- ment—listen to the police and public alive because the shooter needed to volve law enforcement officers killed in officials and prosecutors who have told change magazines. the line of duty. In Connecticut they me since I began working on this cause Another Sandy Hook family member, include Officer Robert Fumiatti of the in the early 1990s, when we passed the Nicole Hockley, the mother of Dylan New Haven Police Department; Master first assault weapon ban in Con- Hockley, said the following: Police Officer Peter J. Lavery of the necticut and I defended it in court, We looked at the search warrants . . . and Newington Police Department; Patrol- tried the case, and then went to State know that [the shooter] left the smaller ca- man Brian A. Aselton of the East Hart- pacity magazines at home, that was a choice supreme court successfully defending the shooter made. He knew that the larger ford Police Department; Officer James our law against exactly the same con- capacity magazine clips were more lethal. V. Spignesi, Jr. of the Connecticut De- stitutional arguments made now. They David Wheeler, the father of Ben- partment of Environmental Protection; are equally without weight at this jamin Andrew Wheeler, said the fol- Officer Walter T. Williams, III of the point. lowing: Waterbury Police Department; Officer So I urge my colleagues, whether Daniel Scott Wasson of the Milford Po- they are wearing this wristband or not, The more bullets you can get out the end of that gun in the least amount of time, that lice Department; Patrolman Kenneth to choose love. I know it will be dif- is the single area that I believe affects Bateman, Jr., of the Darien Police De- ficult. It was difficult for many Con- lethality. And the size of the magazine partment; Patrolman Gerald T. necticut legislators, and I carry with placed in that weapon is a direct contributor DiJoseph of the Bridgeport Police De- me the pen that our Connecticut Gov- to that—a direct contributor to that factor. partment; and the first, whom I came ernor used to sign our law that signifi- There is a place for 30-round magazines, in to know, at least through his family— cantly strengthened Connecticut’s pro- the military, on the battlefield. although I never knew him personally tection against these weapons, against The families of Newtown have spoken Trooper Russell Bagshaw. I have criminals bearing them, against illegal clearly and powerfully, but the facts of known many of these families and had sales, and against gun violence. other shootings support the ban on the privilege of coming to know their This cause is not going away what- high-capacity magazines again and children in many instances as well. I ever the outcome today. The vote will again. In Tucson, AZ, for example, want to talk about Russell Bagshaw in be close on many of these amendments. Jared Loughner emptied a 33-round closing for just a moment. The Newtown families are not going magazine in 19 seconds, killing 6 and Russell Bagshaw of the Connecticut away, the Connecticut effect is not injuring 13 before stopping to replace State Police was in his patrol car, driv- going away, and we are not going away. his magazine. When he went to reload, ing the streets of northeastern Con- Unfortunately, gun violence is not a bystander tackled him. Others joined necticut in North Windham on a sum- going away, and we need to redouble in, subduing and disarming him. mer night in 1991. He was 28 years old and reinvigorate our efforts. Whatever Loughner was stopped because he had and a 41⁄2-year veteran of the Con- the outcome here today, we are not to pause to reload. His 13th round necticut State Police. going away. killed 9-year-old Christina-Taylor Each of these men I have mentioned The world has watched Newtown ex- Green. If Loughner had been limited to died as a result of gunfire from crimi- hibit the kind of strength and courage a magazine with 10 rounds, that little nals. Some of these shooters got a sto- that we regard as uniquely American. girl very likely would still be alive len weapon, perhaps illegally traf- Now the world is watching the Senate, today. If Lanza had been limited to a ficked. None of them should have had and we will be held accountable for 10-round magazine, beautiful girls and access to any firearm. Russell Bagshaw what happens here. History is watch- boys might well be alive today. surprised two robbers coming out of a ing. Let’s be on the right side of his- Newtown and Tucson are only two in- local sporting goods store. One of the tory. stances in which a shooter was stopped robbers shot him with a semiautomatic Madam President, I yield the floor. when he had to reload or when his fire- 9mm pistol that had a second handgrip The PRESIDING OFFICER. The Sen- arm ran out of ammunition. under the barrel, and a 30-round maga- ator from New Jersey. In Queens, NY, in 1993, Colin Fer- zine filled with hollow point bullets. Mr. MENENDEZ. Madam President, I guson boarded the Long Island Rail- Before Trooper Bagshaw had even a rise as a parent, as a father, as an road with a 9mm pistol with a 15-round chance to use his radio or exit his vehi- American who saw the horror of New- magazine. He opened fire, killing 6 and cle, the shooter unloaded 17 hollow town. injuring 19 others in 3 minutes. When point bullets at the cruiser that took Too many times I have come to this he went to load another magazine, he 6.6 seconds from that 30-round, high-ca- Senate floor to say I offer my thoughts was tackled and disarmed. pacity clip. The shooter fired hap- and prayers to the parents of the vic- In Chapel Hill, NC, in 1995, Wendell hazardly, but he had enough to pierce tims of an assault weapon attack. Too Williamson walked the streets of Chap- the bulletproof vest Bagshaw was wear- many times. Columbine, Aurora, Vir- el Hill with an M–1 rifle. He opened ing above the left armhole and to kill ginia Tech, Newtown. How many times fire, killing two. When he paused to re- him instantly. will we have to offer our thoughts and load, a bartender tackled him and dis- I attended his funeral, with lines and prayers to the victims of gun violence? armed him. lines of his fellow troopers and others I have two beautiful children, Alicia In Springfield, OR, in 1998, Kip from all around the country. I had the and Rob, and they are the most impor- Kinkel went to his high school with privilege of meeting these families— tant and cherished people in my life. I several firearms and 1,127 rounds of and most especially his family—brave don’t know what I would do if anything ammunition. He opened fire, shooting and strong, just as the Newtown fami- happened to either one of them. So I 50 rounds, killing 2 students and injur- lies are. am here for them and for the children ing 24 more. Neither Russell Bagshaw’s training they may have one day and for every As his firearm ran out of ammunition nor any of the other preparations could child in Newtown and across America and he began to reload, several stu- stop or protect from this carnage. In whose small voice has been silenced by dents tackled him and restrained him fact, the troopers I met after the hor- a gun. until the police arrived. rific tragedy of December 14 in New- I don’t think it is an exaggeration to There are many others. In fact, half town and Sandy Hook told me that say that each and every Member of the of the mass killings since 1982 involved their bulletproof armor could not have Senate felt a loss that day just 4 high-capacity magazines. Half of all defended them against the assault months ago. Here we are, 4 months those mass slaughters were enabled by weapons with the number of rounds later, trying to do something—but still high-capacity magazines. that Adam Lanza had at that time. not enough—for those children, for

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2717 those families, for all the families who their permits to be used in another terror and destruction and mass cas- have suffered the devastation of a State. No. This amendment forces ualties. shooter with the ability and the will to States to accept other States’ con- In a nation where there are already kill innocent people—as many as an as- cealed carry permits. 310 million guns and far too few regula- sault weapon can kill as quickly as it I guess so much for the States rights tions as to who owns and carries them, can fire—a shooter with a desire to get advocates that I have listened to here I believe we have a responsibility to off as many rounds in as short a time so many times. take these assault weapons off the as possible. At least 28 States grant concealed street. I understand that not everyone In my view, we are already too carry permits to those convicted of shares that view, but the one thing I armed. We are by far the most armed stalking, and at least 7 States grant cannot understand is how someone can Nation in the world. There are more concealed carry permits to those con- argue against something as simple and guns in America—almost 90 per 100 victed of misdemeanor assault and bat- as basic as requiring a background residents—than in any other nation. Do tery. At least 12 do not require any check before putting a deadly weapon you know there are five federally li- firearms safety training before the in a person’s hand. censed gun dealers in America for issuance of a concealed carry permit. We owe it to the American people. every McDonald’s? Think about it. Florida and Utah do not even require We owe it to the children of Newtown, Think about how many times you see a residency for a concealed carry permit. to the families who are still trying to McDonald’s. Well, imagine five times Yet this amendment would force States pick up the pieces from that tragic as many gun dealers. There are about such as New Jersey to accept these per- day. We owe it to the family of the 6- 310 million guns in America. But con- mits even if the out-of-State concealed year-old boy from Toms River who was sider that those 310 million guns are carry permit owner would not be eligi- shot recently by a 4-year-old neighbor owned by only about 40 percent of ble to simply possess a gun under our with a .22 caliber rifle that was in the American households. laws, much less carry. house. He did not survive the wounds. Now we are in the midst of a debate This amendment would turn our posi- We owe it to every victim of gun vio- in which some are arguing that not tive discussion on how to best protect lence to send a message that America only should we not ban assault weap- our children into another feather in will no longer be the most armed Na- ons, but we should force every State to the cap of the NRA and its gun manu- tion in the world without at least hav- allow people to carry concealed weap- facturers, another example for it to ing commonsense gun safety regula- ons. show how it has a stranglehold on this tions. How does that help reduce gun vio- national discussion. And, in my view, Who among us would be content with lence? How are we reducing gun vio- this is just asking for more gun vio- the counsel of patience and delay when lence if we allow people to carry con- lence, not ending it. Not banning as- we lose a neighbor or lose a loved one cealed weapons across State lines; if we sault weapons is asking for more gun to the type of violence we could have allow someone in Florida or Virginia to violence. Allowing larger clips with prevented by a vote in the Senate carry their gun to New York City and more firepower does nothing to end the today? It is time for some profiles in Times Square or my home State of violence. It is not about hunting. If you courage, and I believe that in the men New Jersey? Is that the legacy we want need 100 rounds to hunt a deer, you are and women of the Senate there exists to leave the children and families of in sad shape. that opportunity and that moment for Newtown? Do we honestly think it makes sense a profile in courage to stand up for I strongly oppose any amendment to allow someone without a mandatory what is right. That is the opportunity that would allow reciprocity for con- background check to buy an assault that is presented to us today. cealed weapons. Yet even as we skirt weapon that can fire up to 13 rounds a the real issues, banning the weapons second with something called a bump The PRESIDING OFFICER. The Sen- and the ammunition devices that have fire stock? Should we not even be con- ator from Oklahoma. caused our Nation so much heartbreak, sidering making weapons that can fire Mr. COBURN. I ask unanimous con- we would have those who see this as an 13 rounds a second legal on the streets sent that I be recorded as cosponsor on opportunity to weaken gun laws; those of America? the Grassley amendment No. 725. who see this as a way to push, from my Bang. That is one round fired. It took The PRESIDING OFFICER. Without view, a radical agenda and put more me 4 seconds to say those five words. In objection, it is so ordered. firearms into the hands of those who those 4 seconds, if I had an assault Mr. COBURN. Madam President, I don’t deserve them. weapon, I could have gotten 52 rise to speak on the issue the Senate is My home State of New Jersey has a rounds—52 bullets—fired in the time it considering. It has been an interesting gun control regime specifically tai- took me to say five words. There is no 3 or 4 weeks as we have considered and lored to a densely populated State. Our need for that kind of firepower on the talked and thought about how we ad- State requires affirmative permission streets of America. There is no need for dress what is best for our country and to buy a firearm. But we leave that de- the same weapons of that sort to be on how we do that in a way that will pro- cision to those who know the State the streets of Newark, NJ, or Newtown, tect the Constitution and protect indi- best in terms of its security—the State CT, as they are in Baghdad, Kabul. vidual rights and protect States rights. Police. They conduct a thorough back- Any attempt that uses the Second A lot of ideas have been thrown out, ground check, even more thorough Amendment as an excuse to allow that many of them with great infirmities in than the Federal background check, type of firepower on the streets with- terms of either impacting Second and then the police sign off and give a out some common sense applied to it is Amendment rights, impacting 10th purchaser a card to buy a firearm. not solving a problem, it is creating Amendment rights or the infirmity Of course we have commonsense safe- one. that they will not do anything to actu- guards to ensure the Second Amend- I will support efforts during this de- ally solve the problem. ment is not violated, including appeal bate to go even further in keeping mass I come from a State that is very pro- rights. But under an amendment of- slaughter weapons out of the hands of gun. I am very pro-gun. I own a mul- fered by one of my colleagues, soon criminals. I do not believe assault titude of weapons. I know how to han- New Jersey’s carefully constructed weapons—some of them having names dle them, I know how to fire them, and firearms law, if this amendment were such as ‘‘Street Sweeper’’—are about I know how to safely store them. The to be adopted, would be eviscerated. anything other than mass killing. I issue in front of us is, how do we pro- Soon New Jersey’s law would only be strongly believe in banning assault tect this Second Amendment right and as good as the least restrictive States. weapons and high-capacity magazine the Supreme Court’s rulings that have This amendment, in essence, is manda- clips that allow a deranged individual affirmed our individual right to self-de- tory concealed carry reciprocity. Not to kill dozens of people in a matter of fense and our individual right to free- the current type of concealed carry seconds. There is simply no rationale dom? I believe I actually have an an- reciprocity where States might volun- for having these weapons on our swer that the Senate could coalesce tarily enter into agreements to allow streets—unless your intent is to inflict around.

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If we were keeping and its assault on the Second in Oklahoma, many of whom are oppos- to do that, a large percentage—not all Amendment. ing me trying to reach a compromise, of them—of the transfers of weapons We also sunset this, so if it actually the one question on which they agree and guns to people who should not have doesn’t make a marked improvement— with me is this: What if you could them would stop. which I think it will—in 5 years, it know as a gun owner or whoever you The emotion associated with all the goes away and we do something dif- are—if you have a gun and you are violent events over the last 3 or 4 years ferent. going to sell it, what if you could know tends to cause us to lose sight of some The other thing is we limit the ATF’s that you are not selling that gun to pretty commonsense principles. We are ability to grossly violate the intent of somebody on the ‘‘do not buy’’ list? not going to stop all gun violence in previous laws in terms of demand let- We have all these words going on this country. People who are going to ters on federally licensed firearm deal- now. Background check—there is no do illegal things are still going to do ers. background check with the NICS list. them. We cannot stop it all, but we can I daresay there is a difference in cul- It is a check against people who are do straightforward, simple things that ture on guns in this country depending prohibited from buying. It is not a very can make a big difference in lessening on where in the country you are, but good list, by the way, because the the availability of weapons to people there is a place to be found in the mid- States have not complied, the courts who should not have them. dle, in the Senate, for doing something have not complied with people who The other thing we can do is we can that is common sense. What we are have been convicted of felonies. We make it so that veterans do not auto- proposing is something that is simple, it doesn’t cost any money to speak of, have a lot of problems in terms of a matically lose their Second Amend- it is easily accessible, it is verifiable on ‘‘do not buy’’ list. ment right because for a short period both ends of the commercial trans- We have to think of this list like the of time, due to their service, they were action, it does nothing to eliminate the ‘‘do not fly’’ list that Homeland Secu- incapable of managing their financial Second Amendment provisions in the rity has. Nobody wants to get on an affairs. That is the right thing to do. Constitution or take away 10th Amend- airplane with somebody who is on that We can do this. That is in this pro- ment rights of States, and it will actu- ‘‘do not fly’’ list because they are on posal. ally decrease transfers of weapons to that list for a very good reason. But what I fear is going to happen is those who are on the ‘‘do not buy’’ list. Most gun owners—as a matter of nothing. So what we are going to be of- Is it a comprehensive plan? No. Will it fact, I have not met one yet who wants fering when there is a time to allow solve the problem? Yes. Will it work? to sell a gun to somebody who is on a other amendments is my amendment Yes. ‘‘do not buy’’ list, which is called the No. 727, which does the following Some of the criticisms we heard—if NICS list. So how do we do that? How things: there is no record, how do you know do we do that in such a way that we do It reauthorizes the ‘‘no buy’’ list at they did it? If 90 percent of the people not raise the cost, limit the freedom, an appropriate level. in this country—which is what the or otherwise impede a free activity It creates reforms to the grant sys- media are all quoting—want us to do that is available, guaranteed under our tem so that States will comply with re- that, 90 percent of us think there ought Constitution? porting those people who are dangerous to be an enhancement to the ‘‘no buy’’ The other thing I have learned is to themselves or somebody else, so we list in terms of utilizing it, that same that the easier laws are to comply incentivize States to do that. 90 percent of the people are the gun with, the more compliance you will We create a protection for the Second owners in America. So if 90 percent is get. Amendment rights of veterans. the number, then you are going to have My proposal is very simple and We require the courts to submit to at least 90 percent compliance with straightforward. Let’s create a way the ‘‘no buy’’ list those who are con- this very simple, straightforward way that whoever is selling a gun in this victed of violent felonies. We require that you can know you are complying country can know they are not selling some transparency in State reporting with the law. it to a criminal, they are not selling it so we can know whether a State is ac- The other area that is confusing is to somebody who is prohibited, which tually complying by reporting those that people want—and why they want— is an illegal alien, a child sex abuser, a who are a danger to themselves and a record of a gun. It is for the inves- felon—those people. How do you know? other people, those who are truly men- tigation of a crime. Well, guess what. And can we do that in a way that tally infirm. That is because one of our The best way to not ever have that doesn’t inhibit commerce, doesn’t in- big problems—if you take Virginia crime is to have an effective check on hibit your rights as an individual under Tech, the individual who committed the ‘‘do not buy’’ list. It will not elimi- the Second Amendment, doesn’t inhibit that crime was known by the State to nate all crime, but they say the infir- the rights of a State under the 10th be a danger to themselves or somebody mity with ours is that the weapon can- Amendment? How do we do those else. Yet they did not report it to the not be traced. That is right, it cannot things? ‘‘do not buy’’ list. We incentivize that. be traced. The vast majority of used You know, it is not hard. With our We allow for exceptions for people weapons are not sold through gun deal- rights come some responsibilities. who are already authorized in their ers or at gun shows. They are sold by What if I could tell you that you could State to purchase guns, whether it is a average, everyday Americans to some- take out your cell phone and go to a concealed carry permit or whether it is body else. portal and you could get a certificate what the State may use to say: Here is If we don’t want the straw pur- that says—on your cell phones or print- your authorization to say you are not chasers, felons, or illegal citizens buy- ed out on your printer—that you are on it. In other words, we give States ing them, then what we ought to do is not on the list, and with that would be primacy protecting the 10th Amend- set up something that 90 percent of a PIN number, so that whomever could ment. If they want to go further, they Americans are going to comply with. It be selling you a gun would say, ‘‘I am can, but we also allow them to inno- is not hard to do. It is easy to do the going to check your PIN number to see vate, which is one of the things our right thing. It doesn’t please the gun that this is not bogus, now show me forefathers wanted us to make sure we control groups, and it doesn’t please your ID,’’ and you could actually con- did when we did things in Washington. the hard Second Amendment rights firm whether somebody was on the We create a consumer portal that is groups. list? That is how we control it. We easy. We also create penalties if you If we think about it and actually make it easy. We don’t put up large misuse that portal for some other pur- make it easy for people to know that hurdles. pose. they could not sell a gun to somebody I find myself caught between both ex- We enforce a destruction of those on the ‘‘do not buy’’ list, America tremes in this debate. I actually think records into that portal so that the would comply, and we would actually it is smart policy to make sure we put government cannot use that as a list to see a positive outcome of this debate. in place something allowing law-abid- know who is purchasing guns. So we I am amazed at the misinformation ing citizens to do the right thing, to eliminate the concern over record- people have about guns when they

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Our Founders had a Bill of Rights, The Senator from North Carolina [Mr. What we have is a Veterans’ Admin- and we have a Constitution. It was BURR] for himself, Mr. WICKER, Mr. INHOFE, istration that when they find the vet- really designed for moral and good peo- Mr. CRAPO, Mr. RISCH, Mr. COCHRAN, Mr. eran needs help with their financial af- ple. In that bill, as affirmed by the Su- MORAN, Mr. THUNE, Mr. ROBERTS, and Mr. fairs, the VA sends their name to the preme Court, was a Second Amendment ENZI, proposes an amendment numbered 720. FBI, and they go on a NICS list. All of right, and that is not going away. That Mr. BURR. Madam President, I ask a sudden that takes away their Second right is not going to go away. Even if that the reading of the amendment be Amendment right to own a gun. we were to take it away, the Supreme dispensed with. It says anybody who lives in that Court would probably bring it back. The PRESIDING OFFICER. Without house—so it could be a spouse, a child, We really ought to be leading and objection, it is so ordered. including an adult child—cannot own a talking about what the real problems The amendment is as follows: firearm because the ruling says there are in our country. What are our real (Purpose: To protect the Second Amendment cannot be a firearm in the residence. problems? One of the real problems is rights of veterans and their families) Clearly, after an appropriate deter- that we are not a moral and great peo- At the end of subtitle A of title I, insert mination, if a veteran, or any other ple anymore compared to what we were the following: American, is found to be a harm to when our Founding Fathers drafted SEC. 114. CONDITIONS FOR TREATMENT OF CER- themselves or has a mental disability, TAIN PERSONS AS ADJUDICATED those documents. We are in some moral MENTALLY INCOMPETENT FOR CER- we would all agree that person should decline, and that is because of an ab- TAIN PURPOSES. be disqualified from gun ownership. sence of real leadership at a lot of lev- (a) IN GENERAL.—Chapter 55 of title 38, Let me say for the purposes of my els and in a lot of areas in our country. United States Code, is amended by adding at colleagues—and for the American peo- We ought to recognize that we cannot the end the following new section: ple—this is not the standard we cur- legislate away the evilness about us. ‘‘§ 5511. Conditions for treatment of certain rently apply at the Veterans’ Adminis- We cannot fix it all with a law. We fix persons as adjudicated mentally incom- tration. We look at a veteran who it in the way we live our lives and the petent for certain purposes served his country and we say: You way we treat one another and how we ‘‘In any case arising out of the administra- cannot balance your checkbook, so we tion by the Secretary of laws and benefits are going to assign a fiduciary to you reach out to give our lives for another under this title, a person who is mentally in- person every day. capacitated, deemed mentally incompetent, to balance your checkbook. That per- One of the crucial things is that we or experiencing an extended loss of con- son cannot own a firearm. Think about have become self-focused as Americans sciousness shall not be considered adju- that. The fiduciary may be the spouse, rather than Nation focused, and that is dicated as a mental defective under sub- and suddenly that name goes to the why we have seen this moral decline section (d)(4) or (g)(4) of section 922 of title 18 NICS list. Why? Because within the VA come upon us. without the order or finding of a judge, mag- an examiner has determined that an in- What I think our country is looking istrate, or other judicial authority of com- dividual could not handle their own fi- for is real leadership on the principles petent jurisdiction that such person is a dan- nances. ger to himself or herself or others.’’. which matter, that change people’s (b) CLERICAL AMENDMENT.—The table of The examiner is not a medical profes- minds about what they do and how sections at the beginning of chapter 55 of sional. I am talking about somebody they do it. We are getting into a much such title is amended by adding at the end who made a determination as to wheth- larger debate than guns. Evil is out the following new item: er this veteran could handle the depos- there. That criminal element is out ‘‘5511. Conditions for treatment of certain its of their VA checks and line up the there. That mental illness is out there. persons as adjudicated men- payments which they need to make. If We are not going to address all of that tally incompetent for certain it has been determined they could not with a few laws on guns. We are going purposes.’’. do that on their own, that would there- to address that by character-based, Mr. BURR. Madam President, I rise fore automatically trigger that vet- morally led, morally affirmed leader- today in the middle of an important de- eran’s name. That name would be sent ship at all levels throughout our coun- bate on gun control to talk about an to the FBI and they would then be de- try. issue that should have been at the fore- prived of their Second Amendment As a physician, I am trained to fix front for years, and it deals with our rights in this country. the real disease, not treat the symp- Nation’s veterans. Let me suggest that the current toms. This debate is about symptoms. I am specifically talking about process is arbitrary. It doesn’t look at It is an important debate. There are 129,000 of our Nation’s war heroes. Due whether they represent a danger to things we can do, but the real disease to a determination within the Vet- themselves or to others. It is in no way is our moral decline as a country. erans’ Administration, these war he- relevant to whether the individual The historians talk about it. John roes have been deprived of their Second should have access to firearms. To the Taylor, the Scottish historian, talked Amendment rights to own firearms. credit of those who have brought about it. It is about the decline of all This is apparently a much tougher amendments to the floor for the gun republics and what happens to them. issue to understand than I thought be- bill, they have tried to address this America is built for a good, moral peo- cause it makes common sense to me issue. ple. We have to have the leadership that we should hold all individuals to I commend Senator MANCHIN, Sen- that calls us back to that. the same threshold before we take ator TOOMEY, and Senator KIRK—who I yield the floor and note the absence their constitutional rights away. If a has been passionate about this—but of a quorum. person is a Social Security beneficiary what they have tried to do is say: We The PRESIDING OFFICER. The and Social Security makes a deter- have to get an appeals process that is clerk will call the roll. mination that person has a hard time streamlined and easier. The assistant legislative clerk pro- handling their finances, Social Secu- What I am saying to my colleagues ceeded to call the roll. rity will assign a person to him or her is, these are people who should have Mr. BURR. Madam President, I ask who will help them to navigate the fi- never had their Second Amendment unanimous consent that the order for nancial challenges that a senior runs right taken away. They should not be the quorum call be rescinded. into. They don’t just send somebody to on the NICS list. There has been no ju- The PRESIDING OFFICER. Without do that and then turn around and put dicial determination of mental incom- objection, it is so ordered. their name on the NICS list, which is petence and no judicial determination

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Social Security beneficiary who got as- weapon that was brought into that What I disagree with is that I don’t signed somebody to help with their fi- school that day, was fired at 20 chil- want the Senate to focus on what nances lost their Second Amendment dren and every single one of the kids should be the appropriate appeals proc- right to have a gun. We would kill our- who was hit died. None of them sur- ess. What my legislation, amendment selves, 100 Members of the Senate, try- vived because of the power of that No. 720, does is get to the heart of it. It ing to get to the Senate floor to change weapon. It got off over 150 bullets in a says what we are going to do is require the law because the pressure would be time period that was perhaps only 5 the VA to go through a different proc- so great. The numbers may not be as minutes long, from a weapon that ess to make a determination before big as we might see out of Social Secu- could discharge 6 bullets a second. If taking their Second Amendment right rity, but that is the entire population. there had been a weapon of lesser away. I suggest to my colleagues I can’t power in that school that day, there Some will say the VA has an appel- think of a population in America that might be kids still alive. late process. We have 129,000 veterans deserves their Second Amendment Second, the shooter, to get 150 rounds today who currently have had their right protected more than those who off, only had to switch magazines 6 Second Amendment right taken away. laid their life on the line to protect times. During at least one of those ex- Only 200 of those veterans have sought this Republic we have. changes, a bunch of kids ran out of the relief. Only 200 out of 129,000 veterans In conclusion, I urge my colleagues room, and they are alive today. If we have sought relief. Here is the shocker: to support amendment No. 720. I am had a limitation on magazines that was In less than a dozen cases the appeal not sure what the disposition of this closer to 10 rounds, Adam Lanza would has been reversed. The determination piece of legislation will end up being, have had to have changed clips 15 has been reversed in less than a dozen but I am convinced that with the addi- times, providing another 9 opportuni- cases. tion of amendment No. 720—a vote in ties for some subset of those 20 kids to Why would only 200 people appeal favor of this amendment makes what- run out and rejoin their parents for the this decision which was arbitrarily ever this bill looks like at the end of weekend. made by the Veterans’ Administration? the day a better bill, one that fairly In addition to passing laws that Well, the VA doesn’t provide any help. represents our Nation’s veterans, and I would have changed the reality in As a matter of fact, the veteran is on think continues our commitment to Sandy Hook, we have an obligation to his or her own. Even the cost for the people who have made the ultimate make sure it doesn’t happen again, and appeal is absorbed by the veteran. sacrifice to their country. we have an obligation to do something We have made it as difficult as we I thank the Chair and I yield the about the routine, everyday gun vio- possibly can to deprive veterans of floor. lence plaguing this Nation. Twenty- their Second Amendment, and then to The PRESIDING OFFICER. The Sen- eight people died in Newtown that day, say we are going to make it even hard- ator from Connecticut. including 26 at the school, the shooter, er for you by making it harder for us to Mr. MURPHY. Madam President, and his mother. But every single day reverse this because now veterans will they say when a person outlives their the average is higher. Thirty people on be required to have financial skin in child, it is unnatural; it violates the average are dying across this country the game. Well, out of the 128,000 who laws of nature, and a person is never from gun violence. From a statistical haven’t applied, having looked at only ever the same. We all wish we never point of view, December 14 was just an a half dozen being appealed, where is have to experience that phenomenon. average day. the incentive to invest money? A per- But on Friday, December 14, 20 sets So what do we do? The amendments son might as well throw it down a rat- of moms and dads sent their first grad- we are debating here today offered by hole. ers off to school at Sandy Hook Ele- my Democratic colleagues are a good So what I am suggesting to my col- mentary in Newtown, CT, expecting, as step in the right direction. I suggest leagues is that the standard shouldn’t every parent does, to see them come there are three rules that should guide be, Can you take care of your finances; home on Friday and then go out and our actions. Frankly, I think these are the standard should be and ought to be, spend a wonderful weekend with their pretty simple rules that the vast ma- Are you a harm to yourself or to oth- kids. It was going to be a great week- jority of the American public in every ers—a determination that everywhere end because it was the Christmas sea- single State we represent here would else in society is made by the bench, by son. As a parent of a little boy who is agree with. a judicial review. a little bit younger than the first grad- First, I believe people should be able My good friends who offered an ers who went into that classroom that to own guns, to protect themselves, to amendment to fix the appellate process day, I know how amazing the Christ- shoot for sport, to hunt, but the crimi- suggested we should internally, within mas season can be with a little one. nals shouldn’t be able to own guns. If the VA, set up this appeals process Whether they were going to be picking someone opposes the Manchin-Toomey whereby we overcome some of the hur- out their Christmas tree or putting up amendment, they cannot say with a dles of the costs and whether a veteran outdoor lights or visiting Santa Claus, straight face they oppose criminals has aid. Let me say to my colleagues: it was going to be the kind of weekend getting guns. If a Member votes Are we confident we can set up a real parents live for. against Manchin-Toomey, they are ba- appeals process within an agency that Those parents sent their kids off to sically saying they are OK with more is so blind they put 129,000 people on school that morning and a few hours criminals having guns. the NICS list and deprived them of later, one shockwave of violence later, Ninety percent of Americans want us their Second Amendment right? Can 40 parents had outlived their children. to make this commonsense change. we take the individuals who made this I have been so angry for months. I Ninety percent of Americans want us interpretation and believe they can go have been angry at Adam Lanza. I have to crack down on the number of crimi- through a fair appellate review of an been angry at his mother for giving nals who have weapons out there, be- applicant’s request to be taken off the him access to those guns. I have been cause they know almost 40 percent of list? I personally don’t believe that can angry at this place for 20 years of inac- gun sales in this country are done happen. For that reason I am offering tion. But, mostly, I have been angry at without a background check. an amendment to this bill to change the people in this Chamber and outside For a while, I could only explain op- the standard—not to eliminate whether of this Chamber who say what we are position to near universal background a veteran is listed as a harm to them- discussing here right now this week checks through the power of the gun

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2721 lobby, because I thought people must clips. Less bullets per magazine means day morning, something different hap- know in their heart that a simple, easy more people survive these mass shoot- pened. Daniel got up early, and as his thing to do is to make sure criminals ings. We can do that today as well. brother was walking down the drive- don’t own guns, so there must be some When we vote today, I would suggest way to the bus, for the first time that external pressure that is forcing people that of all of the victims we can think entire school year, Daniel ran after to do the wrong thing. The longer I about—and I have been coming down to him in his pajamas and flip-flops, and have spent in this place, the more I am the floor for the last 2 weeks talking he hugged his older brother, and he convinced there are people who actu- about victims; I probably told the said goodbye. ally believe we should go back to the story of 50 or 60 or 70 victims on the Losing a child is unnatural, but what days of the wild, wild west; that we floor of this Senate—that we think of should be just as unnatural is a Sen- should usher in a new era of gun con- two specifically. I would end today by ator’s unwillingness to do something to trol Darwinism, in which the good guys talking first about a woman from Chi- change that reality. Occasionally, in have guns and the bad guys have guns cago named Shirley Chambers. Shirley truly exceptional moments, we hold and we hope the good guys shoot the raised her four kids, three boys and one the power here that is so big and so bad guys. The gun lobby frankly tells girl, in the infamous Cabrini-Green bold to change the reality of life and us this. We should probably listen to housing complex in Chicago. That is death. We cannot amend what hap- them. They say the only way to stop a where ‘‘Good Times’’ supposedly took pened to the Bardens. Their loss will bad guy with a gun is to give a good place. It was a tough life, but she re- sear forever. We cannot change the fact guy a gun, that the government should members her kids riding tricycles that Shirley Chambers lost her four get out of the way. throughout the neighborhood and she children. She will bear that loss for the The second rule is this: Some guns said they were all happy kids. rest of her life. But we can reduce the are too dangerous to have on the On January 26 of this year, seven peo- likelihood that more kids will die of streets. We have always accepted this ple were killed from gun violence— gun violence in Chicago. We can reduce premise. We have always said there are seven people in 1 day were killed from the chances that another Sandy Hook certain weapons that should be in the gun violence in Chicago. One of them will happen. These parents cannot un- hands of law enforcement and the mili- was her son Ronnie Chambers. His derstand the casual willingness of this tary only. Guns have changed over the mother buried him soon after his body to turn our backs on a chance to years. Guns that used to be in the death. Ronnie was one of the 3,300 peo- make sure that kind of loss does not hands of the military now are available ple who had been killed by gun violence happen to more parents. To them, that to the public and Adam Lanza had one in our cities and in our suburbs since would be truly unnatural. of those weapons when he walked into December 14 of last year. She had four I yield back. that school. These are military weap- kids, but after Ronnie died Shirley was The PRESIDING OFFICER. The Sen- ons. These aren’t weapons one needs to childless, because all four of her chil- ator from Iowa. defend one’s home. These are not weap- dren had been killed by guns on the AMENDMENT NO. 725 ons we need to go out and shoot at tar- streets of Chicago: Carlos, Jerome, gets or hunt in our forests. These are (Purpose: To address gun violence, improve LaToya, and now Ronnie, all gone. She the availability of records to the National weapons designed to kill as many peo- said, ‘‘My life will never ever be the Instant Criminal Background Check Sys- ple as quickly as possible, and they are same again.’’ Isn’t that the understate- tem, address mental illness in the criminal finding their way into our schools and ment of the decade. justice system, and end straw purchases our movie theaters and our places of Lastly, I want my colleagues to and trafficking of illegal firearms, and for worship. Some guns are too dangerous think of Mark and Jackie Barden. I other purposes) to have on the street. have talked a lot about little Daniel on Mr. GRASSLEY. Madam President, I Third, some ammunition too easily the floor of the Senate, so I will end ask consent to set aside the pending allows for mass murder. The young my remarks in this debate with him. amendment and call up my amendment man who walked into the movie the- Mark and Jackie lost Daniel that and ask for its immediate consider- ater in Aurora had a weapon and at- morning. These parents from Newtown ation. tached to it was a 100-round drum. Who have been so generous. They have vis- The PRESIDING OFFICER. The on Earth needs a 100-round drum of am- ited our offices. They have allowed my- clerk will report. munition to protect themselves, to go self and Senator BLUMENTHAL to come The assistant legislative clerk read out and shoot for sport? Nobody does. to this floor and to tell the story of as follows: It should be illegal. Thirty rounds is who their kids were and who their kids The Senator from Iowa [Mr. GRASSLEY] for too much as well. Thirty-round clips, would have been. Mark and Jackie said himself, Mr. CRUZ, Mr. GRAHAM, Mr. THUNE, one-hundred-round drums, too easily this of Daniel after he died: Ms. AYOTTE, Mr. HOEVEN, Mr. HATCH, Mr. lead to mass murder and it is being Everyone who has ever met Daniel remem- FLAKE, Mr. COATS, Mr. CORNYN, Mr. ROB- seen in this country over and over and bers and loves him. Words cannot express ERTS, Mr. WICKER, Mr. JOHNSON of Wisconsin, over. what a special boy Daniel was. Such a light. Mr. INHOFE, Mr. RISCH, Mr. RUBIO, Ms. MUR- We can take a step forward to real- Always smiling, unfailingly polite, incred- KOWSKI, Mr. BOOZMAN, Mr. JOHANNS, Mr. izing those three basic principles today ibly affectionate, fair, and so thoughtful to- PORTMAN, Mr. MCCONNELL, Mr. BLUNT, Mr. on the floor of the Senate. We can vote wards others, imaginative in play, both in- VITTER, and Mr. COBURN, proposes an amend- for the Manchin-Toomey amendment telligent and articulate in conversation; in ment numbered 725. supported by 90 percent of the Amer- all, a constant source of laughter and joy. Mr. GRASSLEY. Madam President, I Daniel was fearless in his pursuit of happi- ican public which will make sure less ask unanimous consent that reading of ness and life. He earned his ripped jeans and the amendment be dispensed with. criminals have guns, something that his missing two front teeth. Despite that, his everybody out there—except for a sub- mother said, he was just so good. He em- The PRESIDING OFFICER. Without set of people in this Chamber—agrees bodied everything that is wholesome and in- objection, it is so ordered. on. We can make the decision to take nocent in the world. (The amendment is printed in today’s these dangerous assault weapons off Every morning, the Bardens’ kids RECORD under ‘‘Text of Amendments.’’) the streets, allowing for thousands of would leave for school in succession. Mr. GRASSLEY. Madam President, weapons to still be legally purchasable, They all went to different schools. the Senate will vote today on an but to say the most dangerous ones Daniel was the youngest, so he left the amendment that I am offering for my- should stay in the hands of the mili- latest. Like most kids, he never got self, Senator CRUZ, Senator GRAHAM, tary and law enforcement, and we can out of bed until he absolutely had to. and many others, as a substitute. say enough is enough when it comes to So every morning, his older brother, I believe that the underlying bill in- these high-capacity clips. whom he adored, left for school before fringes on the Second Amendment We know the shooting stopped in Au- Daniel had gotten up. But not on De- rights of law-abiding gun owners and it rora and Tucson when they exchanged cember 14. Every single morning that does not provide for adequate measures magazines. We know kids escaped in school year, Daniel had slept in as his against criminals who commit gun vio- Newtown when the shooter exchanged brother went off to school. But on Fri- lence.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2722 CONGRESSIONAL RECORD — SENATE April 17, 2013 My approach is much better than the Project Exile, which will cover more don’t want to single out any possible Manchin-Toomey amendment. Federal prosecutors and ATF agents. cause. But I also don’t want to exempt The current background check data- Manchin-Toomey does not. any potential cause. base, called NICS, is broken. Not The amendment also establishes a So some of the mass shooters, for in- enough accurate information on pro- task force for prosecuting felons and stance, watched and used disturbing hibited persons is making its way into fugitives who fail NICS background video games. The possible influence of the database. This is particularly true checks. violent video games should be part of for mental health records. Right now, thousands of people who what is examined. Checking firearms purchasers against are prohibited from owning guns fail The amendment also expands the an incomplete database will not be ef- background checks. Yet, the Justice rights of law-abiding gun owners. fective in stopping prohibited persons Department prosecutes less than 1 per- It allows interstate firearms sales by from gaining access to guns. cent of them. More of these criminals permitting out-of-State dealers to sell Additionally, we should not further need to be prosecuted. in a State if they comply with all State strain the existing, broken system by Manchin-Toomey does not address laws in which they are selling. expanding the use of an incomplete the issue. It permits members of the armed database to more transactions, as The amendment also increases the services to buy a gun in their State of Manchin-Toomey would. We should fix maximum sentence from 5 years to 10 residence or where they are stationed. the existing system. And that is what for those who lie and buy on the form The amendment allows firearms deal- my amendment does. that needs to be filled out when pur- ers to access NICS to run background First, we should reauthorize NICS. chasing a gun from a licensed dealer. checks on their prospective employees. So the Grassley-Cruz amendment reau- We also need to think hard before the But unlike Manchin-Toomey, the thorizes NICS Improvement Act grants Justice Department asks gun dealers amendment requires that the rights of to States for providing mental health to sell guns to felons and then doesn’t the prospective employee be respected. records. track them. That is why Operation The employee would have to be pro- The amendment codifies one of Presi- Fast and Furious was such a disaster. vided notice and have to give their con- dent Obama’s Executive orders that re- It led to the death of a brave Border sent before such a check could be run. quires the Attorney General to issue Patrol agent, Brian Terry. Also unlike Manchin-Toomey, the guidance to federal agencies about To avoid such an ill-considered oper- amendment would expand the rights of which records they must submit to ation in the future, the amendment re- lawful gun owners to travel through NICS. quires the Attorney General, the Dep- other States without fear of prosecu- It improves NICS as well by clari- uty, or the head of the Criminal Divi- tion. Manchin-Toomey, whatever its fying the definition of ‘‘adjudicated sion to personally approve any pro- intent, would make it more likely that mentally incompetent,’’ so that it in- grams for selling guns to criminals. law-abiding gun owners would be ar- cludes only actual adjudications, not a The Leahy amendment’s similar pro- rested and prosecuted as they traveled single psychiatrist’s diagnosis. vision would allow the Director of ATF through other States. Manchin-Toomey does not. to make this determination. But the Title II of the amendment addresses Mental health records would also be ATF Director did not object during mental health. improved by requiring the Federal Fast and Furious. So that defeats the It reauthorizes the bipartisan Men- courts to make available to NICS infor- whole point of requiring high-level ap- tally Ill Offender Treatment and Crime mation concerning such situations as proval. Reduction Act. defendants who plead guilty to a crime Oversight work on Fast and Furious These funds are used for mental by reason of insanity. showed the need for Federal statutes health courts, crisis intervention This approach is consistent with against straw purchasing and gun traf- teams, veteran treatment courts, po- what Washington Post columnist ficking. The amendment contains such lice academy efforts, and prison serv- Courtland Milloy writes today. He offenses, but in a more targeted way ices. says: The amendment allows Byrne grants than does the Leahy amendment. [T]he national gun-control legislation set And now that there is a trafficking to be used for mental health programs for debate in Congress would rely on a bu- and operations by law enforcement or reaucratic dragnet of ‘‘background checks’’ offense, the amendment strikes ATF’s unnecessary ability to issue demand corrections. so extensive that anybody’s hands could end It allows COPS grants to be used for letters collecting information on pur- up being the wrong ones. Including mine. training law enforcement to deal with chasers of certain rifles along the He thinks that gun control sup- mental illness. porters are ‘‘bent on harassing [him] southwest border. To restore the gun owning rights of into giving’’ up his gun. The way to target gun violence is to our veterans, a judicial determination He also offers a prescription for the direct efforts against criminals, not would be necessary to determine that a actual problems: law-abiding citizens. So the amend- person is a danger to himself or others Go after the criminal. Take his illegal gun. ment increases the maximum penalty to be considered to have been adju- Leave everybody else alone. from 10 to 15 years for transferring a dicated mentally defective. My amendment reflects that view. It firearm to a prohibited user, as well as Title III is focused on school safety. enhances criminal prosecutions of the penalty for illegally possessing a It reauthorizes the Secure our School those who use guns. firearm. grants at the prior funding level of $30 The real way to fight gun crime is to It creates a 15-year maximum sen- million per year for 10 years. pursue criminals, not law-abiding citi- tence for transferring a firearm to To safeguard taxpayer money, it zens. someone knowing that it will be used would require that different offices Under my amendment, Federal gun for a crime of violence, drug traf- that award grants at the Justice De- crime prosecutions are to be increased. ficking crime, foreign narcotics king- partment consult with each other be- This will happen because the very suc- pin crime, or terrorism. fore these grants are awarded. cessful Project Exile will be expanded Contrary to what the majority would We want to help as many different nationally. This initiative requires have the American people believe, schools as possible. Federal and State officials to develop mass shootings are not only about guns Finally, we should understand that agreements on enforcing gun laws. It and mental illness. They are also about Manchin-Toomey would not have requires the U.S. Attorney to designate what has happened to us as a society. stopped Newtown. at least one assistant to prosecute fire- So the amendment authorizes a People who steal guns do not submit arms cases. Project Exile will be ex- study by the National Institute of Jus- to background checks. panded to 18 jurisdictions, including tice and National Academy of Sciences We heard testimony in the Judiciary three tribal jurisdictions, with high on the causes of mass shootings. Committee that background checks violent crime rates. There are other proposals on that will be effective only if they are uni- The Grassley-Cruz amendment au- subject before us. But they are careful versal and accompanied by gun reg- thorizes $15 million per year for not to look at the entire problem. I istration.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2723 We should not start down the path to Mr. LEAHY. Madam President, today The Senators from Connecticut have gun registration, as history shows the Senate is scheduled to vote on an spoken eloquently over hours and days where that leads. amendment proposed as a partisan Re- on the Senate floor. Senators KAINE Manchin-Toomey creates, not closes, publican alternative to the bipartisan and WARNER from Virginia gave mov- loopholes by requiring background legislation that was reported by the ing remarks on the anniversary of the checks for some private sales but not Judiciary Committee and that has been tragedy at Virginia Tech. They have others. the business before the Senate for the helped to celebrate the memory of We have heard from gun control last 2 weeks. The committee held three those who lost their lives in Con- groups that were it to pass, they would hearings and four markups starting in necticut, in Virginia, and in other ter- immediately seek to expand back- January and concluding in the middle rible events. They have carried to the ground checks even further. of March. Republican members of the Senate the voices of millions of Ameri- This would be a running start on a Committee participated but did not cans who are demanding that we take slippery slope. offer this substitute at any juncture. meaningful action. I commend them The way Manchin-Toomey works, if When Majority Leader REID introduced for their work. There are measures on someone takes out an ad for a gun in the Safe Communities, Safe Schools which we will vote today that will their church bulletin or farm bureau bill on March 21 and then was forced to carry out our responsibility. The alter- newsletter, they would have to proceed end a filibuster to proceed to it last native that Republicans put forward with a background check. week, the sponsors of this measure for a cover vote is, in my view, not one Manchin-Toomey’s exception for were among those filibustering. They of them. family member transfers provides cold justified their filibuster on the fiction I am especially disappointed that comfort. that the bill before the Senate some- after working so closely with the If the family member transfers the how violated the Second Amendment. Ranking Member on the legislation to gun to another family member he does Of course it does not. If further proof combat straw purchasing and firearms not know, but is found later that he were needed, the fact that they have trafficking that Senator COLLINS, Sen- had reasonable cause to believe is pro- now reversed themselves to offer a sub- ator GILLIBRAND, Senator KIRK and I hibited, they could face 5 years in jail. stitute that steals large portions of the introduced, and after earning his sup- Even worse, for the first time, a vio- bipartisan underlying bill provisions port on that measure in the Judiciary would be it. lation of Federal law would be based on Committee, that his amendment con- The amendment the Senate is now tains a proposal that will take us back- a violation of State or local law. being forced to vote on contains 81 ward, not forward, when it comes to A family member may not know the pages of legislative text, and was filed dealing with these serious problems. firearms laws in the place where the just this morning, so I am not even Anyone serious about the problems on other family member resides. sure of the amendment number. This the Southwest border involving straw Those laws are published. last-minute alternative is apparently purchasing and gun trafficking should Ignorance of the law is no excuse. being offered so that Republicans who be determined to give law enforcement A person would have reasonable fear crossing the Washington gun lobby cause to believe that a family member can go home and say that they voted the tools they desperately need. The was in violation of them even if the for something. I invited all members of Leahy-Collins bill does that. The wa- person did not actually know those the Judiciary Committee to work with tered-down version shoehorned into State or local laws. us and to bring forward their best ideas this Republican alternative does not. The legislation that Senator COLLINS If they transferred the gun to a fam- to reduce gun violence in our society and I introduced was drafted with ily member, and they did not know the and to have them be fully heard in the input from law enforcement. It pro- permitting rules in another state, Judiciary Committee, in regular order. vides the tools law enforcement needs under Manchin-Toomey, that family When Senator GRASSLEY and others member could face up to 5 years in jail. came forward, we worked with them to to combat straw purchasing and gun That is unacceptable. incorporate changes in the Leahy-Col- trafficking, and it has the support of We cannot have the fate of law-abid- lins gun trafficking bill and the Boxer numerous major law enforcement orga- ing citizens turn on assurances of pros- school safety bill to accommodate nizations. We did not just work with ecutorial discretion. them. This is our reward. No good deed law enforcement, however. We con- Finally, my amendment, and not goes unpunished apparently. I am dis- sulted with other Senators from both Manchin-Toomey, protects the rights appointed that after the tremendous ef- sides of the aisle, including Senator of law-abiding gun owners to travel fort so many Senators on the Judiciary GRASSLEY, and incorporated their sug- through other States if their guns are Committee made to carefully consider gestions. We even worked with the Na- unloaded and ammunition is secured. and debate legislation, to reach across tional Rifle Association to address all Manchin-Toomey seems to do this the aisle to build consensus, and to of its substantive concerns. but it does not. work with a seriousness of purpose that In contrast, the junior Senator from It cuts back on existing protections. would honor the victims of Newtown, Texas, a self-proclaimed leader of the It provides that the criminal immu- Connecticut and all of those whose filibuster against considering any gun nity does not apply if the transpor- lives have been affected by gun vio- violence legislation, introduced his wa- tation does not violate any gun felony. lence, that this is their response. tered-down version of our bill on straw But some State laws say that not The Republican amendment was purchasing and gun trafficking just having a State permit for a gun is a fel- never proposed during the months of this week. He did not offer amend- ony. Judiciary Committee consideration. It ments when the Judiciary Committee, So a law-abiding gun owner who did has not been the subject of hearings. a Committee on which he is a member, not have a permit would commit a No Senator who supports this effort met to consider and report the Leahy- State felony. will have any standing to demand reg- Collins-Gillibrand bill. His bill takes Under Manchin-Toomey, they could ular order on any other matter, least of the serious proposal Senator COLLINS, be arrested and prosecuted. all on consideration of comprehensive Senator GILLIBRAND and I developed Other States that make gun trans- immigration reform legislation that and strips out almost all of the impor- portation crimes misdemeanors could will next be considered by the Judici- tant tools that law enforcement re- change those to felonies and eliminate ary Committee. quested and needs. As far as I can tell, the force of the Gun Owners Protection I oppose the Republican alternative his bill has not been endorsed by any Act. and encourage other Senators who are law enforcement groups. Ours is en- My amendment contains common- serious about making progress in the dorsed by the National Fraternal Order sense measures to fight gun violence in effort to reduce gun violence to do the of Police, the Federal Law Enforce- our communities and protect the 2nd same. This amendment is not a serious ment Officers Association, the FBI Amendment rights of law-abiding gun effort to fulfill the extraordinarily im- Agents Association, the National Dis- owners. portant obligation we took on as Sen- trict Attorney’s Association, and all This is the better way to go. ators after the tragedy in Connecticut. nine of the members of the National

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2724 CONGRESSIONAL RECORD — SENATE April 17, 2013 Law Enforcement Partnership to Pre- proposal takes this defense and places I had a person in Cheyenne come to vent Gun Violence, including the Inter- the burden on the state prosecutor to me and say: I advertised a gun I wanted national Association of Chiefs of Po- disprove the defendant’s claim beyond to sell. The guy was from southern Col- lice, the Major Cities Chiefs Associa- a reasonable doubt in all cases, even if orado, so he had to drive about 300 tion, the Police Executive Research the defendant has offered no evidence miles. But he was former FBI and had Forum, and others. at all to support his claim. If the state a concealed carry permit. He was will- There is no wonder as to why. The prosecutor fails to meet this high bur- ing to drive up to Cheyenne and wanted trafficking provisions suggested by the den, the Republican proposal requires to do it the right way—both of them Republican alternative essentially give the state to pay the defendant’s attor- wanted to do it the right way. straw purchasers a road map to avoid ney’s fees. This is a clear intrusion on The person from Colorado was willing prosecution. As long as straw pur- the longstanding police powers of to pay the fee for doing a gun check. chasers ask no questions and bury their states. The person in Cheyenne arranged for a heads in the sand, they cannot be held I previously have spoken about the federally licensed dealer to do that. So accountable. The Republican sub- amendment proposed by Senators they met at the gun store with the gun. stitute requires prosecutors to prove MANCHIN and TOOMEY. That amend- Of course, credentials as a former FBI beyond a reasonable doubt that a straw ment contains a number of important agent is probably good enough to get purchaser knew for certain that he was provisions. One aspect of the amend- through a gun check. Concealed carry buying for a prohibited person. A straw ment that has not received enough at- permit, there is reciprocity in Wyo- purchaser could have every suspicion tention is the additional due process it ming for that. They did not think there in the world that the actual buyer is a affords to veterans who have been would be any problem. They looked at dangerous criminal, but as long as he deemed mentally incompetent by the it and put it into the system and got deliberately shields himself from get- Department of Veterans Affairs. The word back that he would know in 5 ting confirmation of that fact, he is un- amendment provides that before vet- days. Well, it is a long trip to get a touchable. Willful ignorance will be erans who have been adjudicated men- gun. The person had a gun that was their shield. tally incompetent lose their right to a just like it. He was convinced of the The substitute also gives gun traf- firearm, they can go before a board or credentials, so they went to his house fickers the same road map. The bill a court to evaluate whether they can and finished the transaction. The fel- Senator COLLINS and I have proposed safely use a firearm. The amendment low from Colorado went home. The fel- prohibits an individual from buying a requires that veterans be notified of low from Cheyenne went down to re- gun and giving it to someone you know this opportunity. This adds to existing trieve his other gun. He found out that will then give it to a criminal. The Re- law that allows veterans who are no it is now in the Federal system. So he publican proposal inexplicably removes longer mentally incompetent to regain can have a background check done on this provision. So as long as the orga- their right to a firearm. These laws are himself to get his own gun back. nizer of a firearms trafficking ring uses important and I support them. So there are difficulties with the gun a middle-man between the straw pur- I cannot support the Republican pro- check. They are not immediate. There chaser and the ultimate recipient, it is posal, however, because it rolls back is not a computer that immediately simple to avoid prosecution for pro- the existing laws that prohibit men- says: This person is not in there so go viding guns to dangerous criminals. tally ill people from possessing and ahead and sell them a gun. It can be a The proposal from the junior Senator using guns. It rolls back these laws not 5-day process, which, for a 3-day gun from Texas also takes out the provi- only for veterans, but for many civil- show can be a bit of a problem, or even sion in the Leahy-Collins bill that al- ians deemed mentally incompetent. It a shorter one than that. lows law enforcement to use wire taps would force the FBI to purge existing I want to talk a little more broadly to investigate straw purchasers and records from the background check about gun rights because the Senate gun traffickers. And it also takes away system for those mentally incompetent will be voting on proposals today that the ability to prosecute gun traffickers people. This is dangerous. It is unwise, affect rights not created by the law for money laundering and racketeering and it makes us less safe. but, rather, were created by the Con- and to seize their ill-gotten proceeds. What this Republican alternative stitution that last a lot longer than How does this make us safer? What is proposes is weak and unworkable and anything we do in this body. Wyoming the rationale for weakening these law will be of little use to law enforcement. is a State of gun owners. A large num- enforcement tools? I urge all Senators to reject this pro- ber of Wyoming residents grow up Not content to undermine the straw posal. We have heard much criticism learning to respect and lawfully use purchasing and gun trafficking meas- and blame directed at the Justice De- firearms. ures Senator COLLINS and I have pro- partment for not adequately enforcing As a matter of fact, many schools posed, the Republican substitute aids existing laws. But when Congress and youth organizations build hunter the Mexican drug cartels by elimi- passes toothless laws it is Congress and safety and gun safety into their cur- nating an existing tool that the Justice not law enforcement that is to blame. riculums so that young people become Department needs to combat violence The Republican alternative is not a se- familiar with the responsibilities of on the Southwest border. The ability of rious solution to the plague of gun vio- gun ownership at an early age. There- cartels to purchase firearms in the lence. fore, it should be no surprise that a Southwest has led to terrible violence. I yield the floor and I suggest the ab- majority of Wyoming residents have In order to investigate and stem the sence of a quorum. called on me to oppose any legislation flow of dangerous weapons to the car- The PRESIDING OFFICER. The that puts additional restrictions on the tels, the Justice Department requires clerk will call the roll. freedoms they enjoy and use daily. licensed gun dealers in that area to re- The assistant legislative clerk pro- I have been saying for some time port sales of multiple long guns such as ceeded to call the roll. that the bill before the Senate does not assault rifles to the ATF. This practice Mr. ENZI. Madam President, I ask focus on the problem. There is no doubt has provided law enforcement with unanimous consent that the order for that we need to do more to curb the major investigative leads, yet the Re- the quorum call be rescinded. senseless acts of violence which con- publican proposal prohibits it. The PRESIDING OFFICER. Without tinue to occur in this country. The Republican substitute also inter- objection, it is so ordered. One of the things we need is parents feres with state prosecutions of gun Mr. ENZI. Madam President, I want to be more careful and more repetitive crimes. Under existing law, a person to speak today about the series of at telling their kids it is not right to who is traveling through a state with a votes that are going to be taking place kill people, it is not even right to bully gun he is not allowed to possess in that this afternoon on gun rights. I wanted them, and it is definitely not right for state can assert as a defense that he to start off by telling a little story and them to kill themselves. Until we can was merely traveling between two explain why there are some difficulties get that message across to our kids, I states in which his possession would be with some of those amendments that hope that we do not rely on a few votes legal. This is fair. But the Republican are here. by this body to make everybody feel

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2725 comfortable that all of the problems Unfortunately, it seems we are on ment is ‘‘not unlimited’’ and is not ‘‘a are taken care of. They will not be. the verge of throwing up our hands and right to keep and carry any weapon The Senate should focus on making saying there is nothing we can do. But whatsoever in any manner whatsoever sure current laws are enforced; they there is something we can do. and for whatever purpose.’’ are not. Finally, our Nation and its We will take a series of votes this Limiting access to military-style communities should be doing more to afternoon to reinstate the assault weapons and strengthening background foster the idea that life has to be re- weapons ban and prohibit high-capac- checks would help save lives and make spected. However, the problem with ity magazines, amendments I am co- our communities safer. We also need to several of the proposals we will vote on sponsoring, and a compromise effort to improve access to mental and behav- today is that they add to programs close the gun show loophole and re- ioral health care. One of the ironies is with track records of failure. quire better background checks. These that more often an individual with Additionally, I oppose limiting the measures balance protection for re- mental illness is the victim of gun vio- rights of gun owners to transfer their sponsible gun ownership with protec- lence or other types of violence than firearms to their neighbor or loan tion for public safety. the perpetrator of violence. However, it hunting rifles to their family members. As someone who has served in the is still important to take any oppor- The underlying bill the Senate is de- U.S. military, I believe carrying a gun tunity to help strengthen our mental bating would restrict that right in is a serious responsibility. However, health system. many areas and would only make gun today it is far too easy for criminals, This is why I support the Harkin- ownership more burdensome on lawful domestic abusers, gang members, and Alexander amendment which, among citizens. terrorists to buy weapons. its many provisions, would include my My colleagues in other States may Today’s New York Times describes bipartisan youth suicide prevention not realize this, but in Wyoming guns just how easy it is. One South Carolina measure, the Garrett Lee Smith Memo- are not used just for self-defense and man is noted as: rial Act reauthorization, legislation recreation. They are a tool. Ask the a fugitive from the Rhode Island police who which was led very courageously and rancher who uses a rifle to defend his has two outstanding felony warrants as well successfully by our former colleague, livestock from predation or the out- as a misdemeanor warrant. His legal status Senator Gordon Smith. I urge my col- fitter who uses a gun to protect clients bars him from owning guns, but he was re- leagues to support these amendments cently seeking to buy an AK–47 assault rifle in the back country. and to muster the same kind of bipar- Firearms do have everyday uses in on [the website] Armslist and was also try- tisan cooperation Senator MCCAIN, I, Wyoming. Sometimes it is necessary to ing to trade a Marlin rifle. He posted photos transfer or loan a gun to a nephew, a to his Facebook account of an AK–47 he had and several others had years ago. It is my wish we can reach a sensible niece, or an employee. But under what already purchased, along with a variety of other guns. consensus. Indeed, an overwhelming is being considered, that right may be majority of Americans are demanding severely infringed. I do not condone Clearly, the system is broken, and acts of gun violence. I am a father and there is room for common sense re- this. There is no question what the a grandfather and will do everything I form. Indeed, we need to close gaping American people want. The question can to keep guns out of the wrong loopholes in current law which allow we will settle is are we responding to hands. However, I am not willing to in- the sale of firearms at gun shows or on- the American people or are we respond- fringe on the constitutional right of line without accountability or backing to a very narrow self-interest. I lawful gun owners when the laws al- ground checks to determine whether hope we will respond to the American ready designed to protect us are being the buyer has a criminal record. people. unenforced. The Manchin-Toomey compromise, I yield the floor. I yield the floor and suggest the ab- while not perfect and not my ideal so- The PRESIDING OFFICER. The Sen- sence of a quorum. lution, would go a long way toward ator from Alabama. The PRESIDING OFFICER. The closing these loopholes. I wish to per- Mr. SHELBY. Mr. President, this clerk will call the roll. sonally commend both Senator afternoon I, rise to defend the Second The assistant legislative clerk pro- MANCHIN and Senator TOOMEY for their Amendment to our Constitution. Re- ceeded to call the roll. bipartisan, and, indeed in many recent mass killings, such as those in Mr. REED. I ask unanimous consent spects, courageous steps to try to make Connecticut and Colorado, are the im- that the order for the quorum call be this legislation possible for all of us. petus for the gun control legislation we rescinded. In March of 2004, during the 108th are discussing before the Senate now. The PRESIDING OFFICER (Mr. Congress, when Democrats were in the I mourn the victims of these sense- HEINRICH). Without objection, it is so minority, Senator MCCAIN and I less acts of violence carried out by seri- ordered. worked together on bipartisan legisla- ous and disturbed individuals. Unfortu- Mr. REED. Mr. President, since 1968, tion to close the gun show loophole. nately, this legislation, I believe, more Americans have been killed by With his great leadership, we passed an would do nothing to prevent such trag- gun violence in the United States than amendment 53 to 46, which was one of edies going forward. have died in all the wars in American several successful gun safety amend- The harsh but unavoidable fact is no history combined. This is a heavy toll ments. Ultimately, the gun lobby de- amount of government intervention on public safety and public health. As a feated the underlying bill, a bill it can prevent irrational people from body, this Senate can do more and originally supported and identified as a doing terrible things. Therefore, we should do more to make our commu- top priority. This was because we had should not react to these tragedies in nities safer. managed to pass sensible gun safety an irrational manner in the Senate It has been too many years, too little measures, at least in the amendments which would erode a fundamental right action, too much tragedy and heart- to the legislation. of every citizen in the United States. break since the last debate on guns. I This is proof that passing sensible The Second Amendment states, as know all my colleagues share my utter legislation to keep guns out of the you well know, unambiguously, ‘‘The horror at the mass shootings at Sandy hands of dangerous individuals is pos- right to keep and bear arms shall not Hook Elementary School in Con- sible with bipartisan cooperation. We be infringed.’’ It makes plain to crimi- necticut last December. Yet our re- have done it. nals their targets have the right to de- sponses to this and other tragedies are Gun ownership is a fundamental fend themselves, their families, and vastly different. I am motivated by right in this country, but reasonable their property. them to demand passage of serious, limitations on military-style assault Since criminals do not follow the law concrete, and comprehensive measures weapons and high-capacity ammuni- and never will follow the law, new re- to try to safeguard innocent and pre- tion clips are fully consistent with the strictions will hinder only the law- cious lives, to prevent the next New- Second Amendment. abiding among us, I am afraid. Make no town, the next Aurora, the next Tuc- Indeed, in the 2008 majority opinion mistake, this is only the first assault son, and countless other devastating in the Heller decision, Justice Scalia on the Second Amendment. More back- examples of senseless gun violence. made clear that the Second Amend- ground checks today, gun registration

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2726 CONGRESSIONAL RECORD — SENATE April 17, 2013 tomorrow, who knows what will follow ment would prohibit the FBI from mental illnesses or mental challenges. after this. Congress should reject it all charging federally licensed firearms Still, many in Hollywood defend the now. dealers to run these background First Amendment to the Constitution My opposition to the legislation be- checks. with the same wild-eyed zeal they fore the Senate is not abstract. Gun To carry this out if it were to become trash the Second Amendment to the control laws have proven ineffective in law, the money must come from some- Constitution. reducing violent crime. As gun owner- one. Will it be gun buyers or tax- I stand here to defend the Bill of ship in the United States has increased payers? Either way, I oppose it. Rights in its entirety. over recent years, nationwide crime Again, this legislation is just the In closing, let me mention that since rates have decreased. Nonpartisan first step. It would lay the groundwork January 1 of this year I have held pub- studies, however, show no correlation for even more Draconian and ineffec- lic meetings in each of my State’s 67 between the now-expired assault weap- tive gun control measures. As one of counties. Overall, my constituents are ons ban and the decrease in crime the Justice Department’s leading crime deeply concerned about any infringe- rates. Still, violence has spiked in cer- researchers has stated, the government upon their Second Amendment tain parts of this country. ment’s ability to implement near-uni- rights. They are concerned about their In Chicago, for example, murder versal background checks would rely, ability to protect themselves, they are rates are soaring. Yet Chicago has at least in part, on ‘‘requiring gun reg- concerned about their ability to pro- among the most Draconian and restric- istration.’’ I oppose that. tect their families, and they are con- tive gun laws in the country. These Mr. President, there are as many cerned about their ability to protect trends have developed not because of guns in this country perhaps as there their property. gun control legislation but in spite of are people, according to some esti- They are concerned that the activi- it. mates. That is more than 300 million ties, traditions, and way of life they Despite this failed record, the legisla- people, and there are probably over 300 have long and peaceably enjoyed, and tion before the Senate pushes more of million guns. The bureaucracy we have which are protected by the Constitu- the same. This so-called compromise today cannot track all of the people il- tion, could possibly be outlawed. They amendment would do nothing but com- legally residing in this country, why are concerned they may unknowingly promise our Second Amendment rights. then would anyone believe the bureauc- run afoul of a new gun control law be- First, it would drastically expand racy could track all of the guns ille- cause the proposals before us are so il- background checks for gun purchases gally possessed in this country? And logical and inconsistent and contrary in an inconsistent and unenforceable who would pay for that? Would gun to common sense. manner. The legislation mandates owners again be subject to still more I believe this bill is an overall legis- background checks for all firearms fees or taxes for exercising their Sec- lative misfire. I have outlined what I purchases at gun shows between two ond Amendment rights? believe would constitute a clear-eyed nonlicensed parties. Yet it is unclear Who would have access to this so- response to the situation at hand. I whether the same buyer and seller called registry? Would the public know will continue to vigorously oppose gun would have to run a background check who owns guns and who does not? Who control legislation, and I will continue if they meet at a gun show but wait would ensure this sensitive informa- to stand firm in defense of the Second until it is over to execute the sale. tion is protected and not used for polit- Amendment. The legislation also mandates back- ical purposes, and how? I yield the floor. ground checks for any gun purchase We do not know the answers to these The PRESIDING OFFICER. The Sen- pursuant to an advertisement by a questions, but we do know that such ator from West Virginia. buyer or seller. This would be ex- restrictions will not prevent the next Mr. MANCHIN. Would the good Sen- tremely difficult to enforce under a tragedy. We should not start down this ator from Alabama yield? narrow definition of what constitutes dangerous road. What should we do in- Mr. SHELBY. I will be glad to yield an advertisement. Under the extremely stead? I have a few suggestions. for a question, but my time is up. broad definition provided in this Instead of undermining the Second Mr. MANCHIN. Mr. President, I re- amendment, enforcement would be vir- Amendment, Congress should focus its spect the Senator’s views. He is a true tually impossible. attention on three areas: First, I be- friend. But on the bill Senator TOOMEY Will determined criminals not simply lieve robust prosecution of violent and I have been working on, if I could avoid gun shows and advertisements? criminals is the best deterrent to vio- point out and ask the Senator’s con- We can bet they would. I believe we lent crime. Prosecutors should punish cerns and consideration about that, if should not restrict transactions be- to the fullest extent of the law individ- he would, especially relating to the tween law-abiding citizens, especially uals who misuse guns, knives, or any- Second Amendment. I am a defender, I when we will not prevent such trans- thing else to commit violent crimes. think Senator TOOMEY is, as is the Sen- actions between criminals. There should be no leniency whatso- ator, a defender of the Second Amend- This amendment would also allow ever for the commission of such crimes. ment. health care providers to place a patient Secondly, we should examine and ad- In our amendment we basically in the National Instant Criminal Back- dress any deficiencies—and we have strengthen and enforce and promote it. ground Check System database. I be- them—in our mental health system. Here is what we have: We allow dealers lieve this would violate patients’ pri- Time and again we have seen a strong to sell guns at gun shows in different vacy and remove their Second Amend- connection between mental illness and States, which they can’t do now. We ment rights based on subjective judg- violent crime. We should not fall prey allow Active-Duty soldiers to buy guns ments and without any clear guidelines to the delusion government can pre- in their home States, which they can’t or due process. vent all bad things, nor should we as- do now. We fix a legal discrepancy that It is unclear whether a patient must sume simply throwing money at the will allow people in transit across the be informed of the health care pro- problem will solve it. We should, in- State to carry an unloaded and locked vider’s decision to submit his or her stead, do a better job of helping those weapon. And we explicitly state the private health information to authori- with mental illnesses before their prob- bill does not expand the authority of ties. This provision could very well dis- lems spiral out of control. the ATF. Plus we make it a penalty by courage those who need mental health Third, I would suggest we should a felony and 15 years imprisonment by services from seeking them for fear weigh the impact of violence in the en- registration. their constitutional rights may be ab- tertainment industry on violent crime Mr. SHELBY. May I respond? rogated. We should not put doctors and in this Nation. Many video games, Mr. MANCHIN. Absolutely. patients in this position. movies, television shows, and songs Mr. SHELBY. I would tell the distin- In addition, the FBI estimates en- contain graphic depictions of violence. guished Senator and my friend from forcing these background checks would Common sense tells us that glorified West Virginia, for whom I have a lot of cost approximately $100 million annu- violence can distort impressionable respect, that I totally disagree. This is ally. At the same time, this amend- minds, particularly those afflicted with the first step in the erosion of our

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The Sen- and called her husband asking what to way. I appreciate that. But here is my ator from South Carolina. do. She grabbed a .38 revolver. The guy concern about background checks. Mr. GRAHAM. Mr. President, I ask broke into the closet, she fired six Last year, 80,000 people failed a back- unanimous consent to be recognized to times, emptying the gun and hitting ground check, and 9,000 of the people talk about the pending amendments for him five to six times. He was still able who failed the background check were about 8 minutes. to get up and drive away. convicted felons on the run from the The PRESIDING OFFICER. The Sen- Approximately one-third of the as- law. Yet only 44 people were prosecuted ator is recognized. saults in this country are committed out of 80,000. Of those 9,000, I can’t find Mr. GRAHAM. Mr. President, this de- by more than one person. In the hands one case where the law enforcement bate we are having about gun control of that mother, six shots were not community found out a criminal on the legislation and how to solve a difficult enough. It wouldn’t bother me one bit run from the law tried to buy a gun and problem is a good debate. Quite frank- if she had 30 rounds. In the hands of a they went and picked him up. We at ly, I never understood why we would mentally unstable person or convicted least ought to be catching dumb crimi- not want to have this debate. This is an nals. If they are dumb enough to fill issue where most Americans very much felon, one bullet is too many. That is out a background check while they are would like to see something of sub- why I oppose the magazine size limit. on the run, the system ought to catch stance accomplished. But the goal is to It does not address the problem. Now, as to the AR–15, there are 4 mil- them. do something of substance that will ad- lion of these rifles available. It is one Let me tell you of another problem dress the underlying problem, not just of the most popular selling sportsman’s we found. In 2005, there was a young pass legislation, quite frankly, in a lady named Alice Boland, who is a more feel-good category. rifles in the country. I have been in the paranoid schizophrenic, a very troubled Senators MANCHIN and TOOMEY are military for almost 30 years. It is simi- very sincere. I know they are trying to lar to the M16, but it is a semiauto- young lady with a history of mental fix a problem that is seen by a lot of matic, not a fully automatic rifle. The illness, who pled not guilty by reason people to be a problem, and I under- reason I own one is because I like to of insanity for trying to kill the Presi- stand where they are coming from. But shoot. I am not going to bother any- dent of the United States and a Secret I want to take my time to talk about body. I am not going to do anything Service agent. The threats were made two things. wrong with the gun. I passed the back- at the Canadian border, and she even- The President has given a lot of ground check to get the rifle. tually came to South Carolina with her speeches about this issue, very emo- Why an AR–15? Vice President BIDEN, family. tional in nature—that State of the who is a good friend, has suggested a She was adjudicated by a Federal Union Speech—and he has literally double-barrel shotgun is the best way court, pled not guilt by reason of in- traveled all over the country to sort of to defend a home in case you find a sanity, and the plea was accepted. She gin up support for three things: a uni- lawless environment. We have had hur- was confined to a mental health insti- versal background check, the banning ricanes, earthquakes, or other natural tution by the court. When she got out, of assault weapons, assault rifles, and disasters where law enforcement is not she went home, and in February of this limiting magazine sizes. At the end of available to families because the sys- year she went to Walterboro, a small the day, the Senate will take up these tem is broken. They can’t call, they community near Charleston, and measures individually and somewhat can’t travel, there has been a cata- bought a .22 semiautomatic pistol. She collectively, and here is what I think strophic event, such as Sandy, Hugo or filled out the background check, and will happen. Katrina. These things happen in the her plea of not guilty by reason of in- I think when it comes to the maga- real world where law and order breaks sanity was not entered into the back- zine size limitation, that is not going down. ground check system. The fact she was to pass the Senate simply because The Vice President was talking to a confined to a mental health institution there are thousands, if not millions, of young man who was worried about this, by a Federal court didn’t make it into magazines beyond 10 rounds out in the and he said: You don’t need an AR–15, the background check system. current marketplace. From a criminal you need a double-barrel shotgun. That She bought the gun, went to a pri- point of view, this legislation wouldn’t is the best way to defend your home. vate school—Ashley Hall in Charles- affect them one bit. They will get a To be honest with you, I disagree. If ton—went to the office area where the magazine of whatever size they would there is a roving gang in the commu- staff was located, pulled out the gun, like. It would affect law-abiding citi- nity, and there are three homes, one and the gun didn’t fire. Thank God it zens and put them in a bad spot. without a gun, one with a double-barrel didn’t. But our background system The best way to interrupt a shooter shotgun, and one with an AR–15, they doesn’t catch people like her. in a Newtown situation is not to limit are going to pick the AR–15 last. Now, There are 14,000 people in South the magazine size but to have a secu- you may not agree with me, but I think Carolina who have been adjudicated a rity officer in the school who can con- that makes sense as a self-defense danger to themselves and others by a front the shooter before they get to the weapon. So that is why the assault ban competent court under due process who kids. Don’t kid yourself that having to is not going to pass. are not in the Federal background sys- reload is going to be the answer to in- Less than 2 or 3 percent of all mur- tem. There may be up to 1 million peo- terrupting a crazy person bent on de- ders in this country are committed ple. stroying the lives of innocent people. with a rifle of any kind. Most murders The Grassley-Cruz-Graham bill will In a school environment, in my view, committed in this country, violent fix that problem. It would make sure the best way is to confront that shoot- acts, with a gun, are committed with before you get a law enforcement grant er with a trained law enforcement offi- handguns. from the Federal Government, the cer. The Grassley-Cruz-Graham amend- At the end of the day, the magazine State that requests the grant has to ment has money put back into the sys- limitation is not going to pass because enter into the Federal database people tem—money President Obama cut out it doesn’t address the problem. In the who have been held mentally a danger of school safety, some $300 million, at a hands of a mother, six rounds is not to themselves or others by a competent time when that was very unwise. So we enough; in the hands of a criminal, one court. It looks like we could at least do would restore that money. is too many. The AR–15, 4 million guns that to get thousands, if not up to 1 Two months ago, maybe a little available; the assault weapon is a very million people, who have been deemed longer, there was a young woman at popular selling gun, and I think under to be a danger to themselves or others

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Two times courageous months ahead your struggles will be enforcement community to go after Bostonians ran toward danger to help our struggles, your pain our pain, your people who fail a background check or their fellow citizens. Three were killed, efforts our efforts. We will be together who are felons. I think it is a much more than 170 were wounded, and many through sorrow and anger, rehabilita- better approach than the other legisla- remain in critical condition. tion and recovery. We will be together tion on the floor. Two days ago was Patriots’ Day in because we are one family. So I will be opposing Manchin- Massachusetts. To those who served, we honor you. Toomey. I appreciate the spirit in Patriots’ Day is one of our most In ancient times the heroes of myth which it has been offered, but I think cherished holidays. We celebrate the and legend were part mortal, part god, defending the background check sys- lives of ordinary men and women who, for it was thought that no mortal man tem is not the problem. Making the in the hour of reckless darkness and or woman could truly be great. This background check system capture peril and need, rose before dawn in Lex- week the people of Boston and the peo- mental health adjudications and doing ington and Concord and let the world ple of this country prove the ancients something about a felon who fails a know that liberty and freedom, a gov- wrong. Our heroes are our friends and background check is a wiser approach ernment of the people, would be estab- our neighbors. They work in Copley rather than expanding a broken sys- lished on this Earth. We celebrate Pa- and at Children’s, and when they were tem. triots’ Day with reenactments and pan- called to act, they answered. When we only have 44 people out of cake breakfasts, with barbecues and There was the man in a cowboy hat 80,000 prosecuted, something is wrong. baseball, and with the Boston Mara- who came to Copley to hand out Amer- Why create more paperwork where no- thon. ican flags in memory of his sons. When The marathon is always the greatest body is going to do anything about it. the bombs went off, he raced to help a of celebrations. We love the speed of Let’s focus on the problem. young man who lost both his legs, ap- the winners, we love the endurance of So I think this has been a good de- plying a makeshift tourniquet, lifting the participants, and we love the pas- bate for the Senate. When it is all said the man into a wheelchair, and navi- sion of the supporters, but, as the and done, after a reasoned debate, the gating him through the chaos so he Scripture says, ‘‘The race is not to the President’s proposal—more emotional could get medical attention. swift or the battle to the strong . . . than practical—of a universal back- There was the man who realized that but time and chance happen to them ground check, which would have in- spectators would be trapped by the bar- all.’’ ricades and started to remove them, cluded a private sale, no matter what To all the families who lost their he said, is not going to carry the day in only to be hit by the second blast. Ban- children; to all those who were injured daged and burned, he told me yesterday the Senate. and wear the scars of tragedy; to all that he was glad and he celebrated not We should be going after the crimi- the citizen heroes, the first responders, nal, not the law-abiding citizen, and all because he lived but because he helped. the healers who acted with courage in There were the marathoners who ran of us should want to make sure that the midst of chaos; to all those who past the finish line to Mass General, those who are a danger to themselves bore witness at Boylston Street; and to unconcerned with their own sweat and and others do not have access to a the people of Boston and Massachu- tears but resolved to donate their weapon. That is a commonsense ap- setts: No one can replace what we have blood. proach to a hard problem. lost. No one can relieve the weight of There were the brave firefighters, po- I look forward to the votes today and our sorrow. But here today and in the lice officers, EMS, and guards, coordi- the votes to come because this is an days and weeks ahead, wherever we nating the first response and bringing issue which should be debated. I am not are, we will grieve together, hurt to- protection in the wake of peril. afraid to voice the courage of my con- gether, and pray together. There were world-class hospitals, victions. Everyone in this body is sin- Today I rise to remember the lives of doctors, nurses, and support staff who cere about their approach to the prob- those we have lost, to support those refused to accept fatigue and worked lem, but I think at the end of the day who survived, and to honor those who through the night. what is going to prevail is common served. There were friends, strangers, neigh- sense. Today we remember Martin Richard, bors, and shopkeepers who gave a home Mr. President, I yield the floor. an 8-year-old who, like third graders to everyone who was stranded, food to Mr. MANCHIN. Mr. President, would everywhere, spent time drawing pic- those who were hungry, and comfort to the Senator from South Carolina yield tures, a little boy who loved to play all who needed it. for just 1 second? soccer, hockey, and baseball in his Across this Nation, whether on Mr. GRAHAM. Absolutely. neighborhood in Dorchester. We also Facebook or PeopleFinder, Monday, Mr. MANCHIN. I appreciate so much pray for his sister and his mother to re- the whole country was connected to the Senator’s sincere approach. cover from their injuries. Boston. Our city, our Commonwealth, The only thing I would say is that We remember Krystle Campbell, who and our country have been through a my and Senator TOOMEY’s approach grew up in Medford and never missed grim ordeal. We have seen terror be- and what we are doing is not a uni- the marathon. Lively and happy, fore, but we will not be afraid, and we versal background check and would not Krystle was always there for others. will not let it change us. Bostonians touch the private sector. When her grandmother was recovering are tough. We are fighters, and we will Mr. GRAHAM. Absolutely. It is tak- from an operation, Krystle moved in to not be broken. ing a more limited approach. I totally help her because that is the kind of Yesterday I met a woman who is re- understand it. young woman she was. covering in the hospital. Badly injured, Mr. MANCHIN. I thank the Senator, We remember Lu Lingzi, who came to clearly in pain, she focused on getting and I appreciate it. the United States from China to study back to work. She said that people The PRESIDING OFFICER. The Sen- statistics. She loved Ben & Jerry’s ice counted on her, so she would be back ator from Massachusetts. cream, and she posted to her friends soon. That is the strength and resil- BOSTON MARATHON BOMBING that morning that she had a wonderful ience of Boston. Our spirit is indomi- Ms. WARREN. Mr. President, I rise breakfast. Her passing ignites the table, our will is unyielding. Our Gov- today to give my first speech from the world in our common humanity. ernor and our mayor have dem- floor of the Senate. I rise with a heart We will miss them. onstrated unwavering resolve. heavy with mourning, but I also rise To those of you who were injured on The men and women of law enforce- with the gratitude of a fearless peo- April 15, know that we are here for you. ment are hard at work. In the coming

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2729 hours, days, and weeks, when we learn Martin Richard, a vibrant 8-year-old SAFE COMMUNITIES, SAFE more from their investigations, we will boy from Dorchester—the same age as SCHOOLS ACT OF 2013—Continued identify who did this, and we will bring my son—who came to watch his father AMENDMENT NO. 715 them to justice. finish the marathon, who lost his life. Mr. MCCAIN. Mr. President, given In times of calamity, in times such We share in his family’s grief and con- the importance of this debate, I believe as these, we must remember the words tinue to send our prayers to his mother it is important for me to explain why I of John Winthrop, who counseled the and sister, who are still in the hospital am supporting amendment No. 715, of- founders of Boston: with very serious injuries. fered by Senators MANCHIN and [t]o do justly, to love mercy, to walk hum- Yesterday we struggled to watch TOOMEY, to S. 649, the Safe Commu- bly with our God. For this end, we must be Patty Campbell fight back tears as she nities, Safe Schools Act of 2013. knit together, in this work, as one man. . . . talked about her beautiful and always Like all Americans, my heart goes We must delight in each other; make others’ out to the people of Newtown, Con- conditions our own; rejoice together, mourn smiling daughter Krystle. This 29-year- together, labor and suffer together. . . . So old woman from Arlington and Lingzi necticut; Aurora, Colorado; Tucson, shall we keep the unity of the spirit in the Lu, a Boston University graduate stu- Arizona, and all other cities and towns bond of peace. dent who was from China’s north- impacted by senseless gun violence. May God bless those who have gone eastern city of Shenyang, were also These tragic events are impossible to and leave them at peace. May He sup- tragically taken from us by this hei- fully comprehend unless you were port those who survive and help them nous act. there and extremely difficult to relate to unless you experience the effects carry forward. May He protect those Events such as those of Monday re- personally. The rest of us are left with who serve their fellow man. And may mind us that, yes, evil still exists in more questions than answers, and dif- He always watch over the people of the world, but these events also remind fering—albeit well-intentioned—solu- Boston, of Massachusetts, and of these us how unified and resilient the Amer- tions designed to preserve our way of United States of America. ican people are. While the city of Bos- life while doing our best to ensure f ton witnessed terror, we also witnessed these horrible events are less likely to- remarkable displays of bravery, sup- CONDEMNING THE HORRIFIC AT- morrow. TACKS IN BOSTON, MASSACHU- port, kindness, and compassion. As everyone is aware, in January of SETTS The Nation and the world saw the 2011, the citizens of my home State—as Ms. WARREN. Mr. President, I ask best of the people in the Common- well as people around the country and unanimous consent that the Senate wealth during Monday’s tragic events. world—were shocked and horrified by proceed to S. Res. 101, which was sub- Countless residents showed such the senseless violence of a severely dis- mitted earlier today. strength and grace in the face of this turbed young man with a gun. Six peo- The PRESIDING OFFICER. terrible tragedy. ple were killed and 13 injured. One of The clerk will report the resolution I am in awe of the bravery shown by those victims was a bright young Con- by title. our police, fire, and emergency per- gressional staffer named Gabe Zimmer- The legislative clerk read as follows: sonnel. I am so proud of the medical man, who was highly regarded by his A resolution (S. Res. 101) condemning the providers, volunteers, and spectators colleagues and had a future filled only horrific attacks in Boston, Massachusetts, who rushed toward the noise and with promise. Yesterday, here in the and expressing support, sympathy, and pray- smoke to help the injured even as they Capitol at a room dedication for Gabe ers for those impacted by this tragedy. themselves remained in imminent dan- Zimmerman, we were provided with a There being no objection, the Senate ger. They helped to evacuate the vic- very real portrait of a man who was proceeded to consider the resolution. tims and worked into the night and fol- doing what he loved, serving the people Ms. WARREN. Mr. President, I ask lowing days to offer care and protec- of Arizona, when his life was tragically unanimous consent that the resolution tion. cut short. I think his father’s com- be agreed to, the preamble be agreed ments are worth repeating today. Ross to, and the motions to reconsider be Doctors, nurses, residents, and volun- Zimmerman, Gabe’s father, said: teers worked and continue to work in laid upon the table, with no inter- An echo of Gabriel will persist, perhaps for vening action or debate. some of the best hospitals in the Na- centuries. It isn’t worth the loss, but the The PRESIDING OFFICER. Without tion right there in Boston to save lives echo is good and true. . . . I ask that you and objection, it is so ordered. and help victims recover. our descendents take inspiration from my The resolution (S. Res. 101) was I am also grateful for the support the son’s echo as you conduct the affairs of this agreed to. Commonwealth has received from the Congress and the affairs of this nation. The preamble was agreed to. President, national law enforcement, Another life impacted by those tragic (The resolution, with its preamble, is and my colleagues here in the Con- events is that of Congresswoman printed in today’s RECORD under ‘‘Sub- gress. The people of the Commonwealth Gabrielle Giffords. Her life, while still mitted Resolution.’’) are comforted that the Federal re- filled with great promise, was unalter- The PRESIDING OFFICER. The Sen- sources needed to help care for the vic- ably changed that fateful day. Con- ator from Massachusetts. tims and bring to justice those respon- gresswoman Giffords, and her loving Mr. COWAN. Mr. President, on Mon- sible for this assault will be provided. husband Captain Mark Kelly—who are day a great Boston tradition and a his- We appreciate that these tangible ac- both with us here in Washington today toric holiday in the Commonwealth of tions by the Federal Government rep- to witness this debate—reflect the de- Massachusetts were marred by a cow- resent the intangible support given to termination of the American spirit and ardly and detestable act of violence. us by citizens in every State across are beautiful examples of how good Dozens of innocent civilians, gathered this Nation. really does triumph over evil. to watch an iconic, peaceful athletic Gabby, Mark and the countless other event, were injured by explosions and As we remember those lost and in- examples of heroism and resilience three lives were lost. I am honored jured, we know that what is good about that America witnessed in Tucson, Au- today to join the senior Senator from the human spirit will triumph over the rora, Newtown and elsewhere around the Commonwealth of Massachusetts, cowards who attacked us. Make no the Nation, are clear reminders of why mistake, we will find them and justice Ms. WARREN, in offering a resolution we are all here serving, and the gravity honoring the heroes and remembering will be done. The city of Boston, the of the issues we are asked to address. the victims of that horrible day. Commonwealth of Massachusetts, and Their presence here today further re- We continue to pray for the injured the American people will come to- minds us that we are here to serve a and hope they begin to heal, and we gether and overcome this senseless cause greater than our own self-inter- mourn those who were killed and the tragedy. You may visit terror upon us, est. There is nothing like looking in families who survive them. but we will never be terrorized. the eyes of a still-grieving parent who As a community, our hearts ached on The PRESIDING OFFICER. The Sen- has just lost a young son or daughter hearing about the youngest victim, ator from Arizona. to remind you of that fact.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2730 CONGRESSIONAL RECORD — SENATE April 17, 2013 For over three decades in Congress, I in federal law for 45 years and have not ator MCCAIN, I thank the Senator. I have built as strong a record as anyone been constitutionally invalidated by truly do. Because with the Senator’s in this body in defending the Second the courts. truly busy schedule—and everybody Amendment. I have consistently op- In addition to Constitutional con- knows in how many directions you are posed the efforts of anti-gun activists cerns, many have expressed concerns pulled and how you are working—he to ban guns and ammunition, staunch- about the establishment of a national took time to read it. He took time to ly defending the Constitutional rights gun registry. If this amendment would see we did not invade anybody’s private that Arizonans hold dear. I have voted establish such a registry, I would op- transactions. He took time to see that against assault weapons bans because I pose it. But, it does not. In fact, the basically we had a Commission on Mass believed they would not work and op- amendment reinforces the existing Violence that would look at the cul- posed efforts to cripple firearms manu- Federal ban of a national firearms reg- ture of violence in our country. I can facturers by making them liable for istry. The amendment explicitly only thank the Senator. For someone the acts of violent criminals. I have states, ‘‘Nothing in this title, or any with the stature of the Senator in this proudly lent my signature to Supreme amendment made by this title, shall be body, to take the time to go through Court briefs defending an individual’s construed to allow the establishment, that bill word by word and know that right to bear arms. In my view, the directly or indirectly, of a Federal fire- it does protect our Second Amendment wisdom of our Framers’ inclusion of arms registry.’’ But, the amendment rights, it does the things we try to do the right to bear arms is self-evident. does not stop there. It would also pro- in a comprehensive way, I want to say And as an Arizonan, I understand the vide for a harsh penalty of 15 years for thank you. significance of gun ownership to the any person who attempts to create a Mr. MCCAIN. I thank my colleague. people of the West, whether for self-de- registry and re-affirms that any regu- AMENDMENT NO. 730 fense, sport, or simple ownership. lations issued by the Department of Mr. HARKIN. Mr. President, I call up Just as I have long defended the Sec- Justice to ensure criminals and the my amendment which is at the desk. ond Amendment to the Constitution, I mentally ill do not obtain firearms The PRESIDING OFFICER. The have also long believed that it is per- cannot create a firearms registry. clerk will report. fectly reasonable to use available tools Mr. President, every once in a while The legislative clerk read as follows: to conduct limited background checks, I have seen some acts of political cour- The Senator from Iowa [Mr. HARKIN], for as this amendment prescribes, to help age and quite often we praise each himself, Mr. ALEXANDER, Mr. FRANKEN, Ms. ensure that felons and the mentally-ill other and ourselves, directly or indi- MURKOWSKI, Mr. BENNET, Mr. ROBERTS, Ms. do not obtain guns they should not pos- rectly, for the positions we take and BALDWIN, Ms. AYOTTE, Mrs. HAGAN, Mr. MUR- sess. In my view, such background the votes we pass. I wish to take a mo- PHY, and Mr. BLUMENTHAL proposes an checks are not overly burdensome or ment and express my appreciation to amendment numbered 730. unconstitutional. the two sponsors of this amendment, Mr. HARKIN. I ask unanimous con- Is this a perfect solution? No. Would Senator MANCHIN and Senator TOOMEY. sent the reading of the amendment be it prevent all future acts of gun vio- Both come from States where there are dispensed with. lence? Of course not. Would it have pre- avid and dedicated and legitimate gun The PRESIDING OFFICER. Without vented the most recent acts of gun vio- rights advocates. It would have been objection, it is so ordered. lence? In all likelihood, no. But, it is easier for both Senator MANCHIN and (The text of the amendment is print- reasonable and it is constitutional. Senator TOOMEY to ignore this situa- ed in today’s RECORD under ‘‘Text of I approach the issue of gun rights tion and not reach across the aisle to Amendments.’’) with profound respect for our Constitu- each other to see if we could come up Today, I offer this bipartisan amend- tion, and the freedoms and rights that with what I think most Americans—in ment with my colleague Senator ALEX- it bestows on each and every one of us. fact, I have seen polls indicating that ANDER and several other members from I am also guided by a firm commit- 80 percent of the American people— the Health, Education, Labor, and Pen- ment that we should do everything we support, reasonable background checks sions Committee to reauthorize and can, within the bounds of the Constitu- that do not infringe on the constitu- improve programs administered by tion and the principles of individual tional rights of our citizens. I con- both the Departments of Education and rights and federalism on which it is gratulate both Senator MANCHIN and Health and Human Services related to based, to stem the rising tide of gun vi- Senator TOOMEY for taking this posi- awareness, prevention, and early iden- olence in this country. In this instance, tion. tification of mental health conditions, neither the United States Supreme You may not win today, I say to my and the promotion of linkages to ap- Court nor the lower Federal courts two colleagues, but I will say that you propriate services for children and have held that restrictions on posses- did the right thing. You did the right youth. sion for certain classes of individuals thing. It has been my experience, as a The tragic shooting in Newtown, CT, violate the Second Amendment. In Senator in this body for some years in December brought the issue of men- Heller v. District of Columbia, the who has not always done the right tal health care to the forefront of pub- Court held that the Second Amend- thing, that doing the right thing is al- lic dialogue. Many people across the ment protects an individual right to a ways a reward in itself. nation, including the President, have well-armed militia. In his Majority Sooner or later this country will said that we need to take a long hard opinion, Justice Scalia observed: take up this issue and it will take up look at access to mental health serv- the mentally ill issue, and I hope it ices across the country. I was pleased Nothing in our opinion should be taken to to have the opportunity to start that cast doubt on longstanding prohibitions on will take up Hollywood violence, and I the possession of firearms by felons and the hope it will take up those programs dialogue with my colleagues on the mentally ill, or laws forbidding the carrying that may incite young people to go out HELP Committee in January when we of firearms in sensitive places such as and want to acquire a weapon and use held a hearing to examine the state of schools and government buildings, or laws it. But what they have tried to do our Nation’s mental health care sys- imposing conditions and qualifications on today I think is an act that should be tem. the commercial sale of arms. appreciated by those of us who, many A starting point of any conversation In this instance, I agree with Justice times, avoid taking the tough deci- about mental health is recognizing Scalia that a background check system sions. I think they are an example to that one of the most insidious stereo- is not a restriction of the Second all of us. types about people with mental illness Amendment right to keep arms. The I yield. is that they are inherently violent. It issue is plain to me because a back- Mr. MANCHIN. Will the Senator is deeply regrettable that some of the ground check system only seeks to en- yield? discussion in the wake of the Newtown sure that sellers of firearms do not The PRESIDING OFFICER. The Sen- tragedy has sadly reinforced this transfer guns to a prohibited class of ator from West Virginia. stereotype. As my colleagues in the owners. Restrictions on ownership by Mr. MANCHIN. Will the Senator Senate know and as the President has certain classes of people have existed yield for a second? Let me say to Sen- emphasized, people with mental illness

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2731 are much more likely to be victims of aged children have some mental health worked with my colleagues Senator violent crimes than they are to be per- needs. This means that 15 million stu- REED and MURKOWSKI to reauthorize petrators of acts of violence. dents in our K–12 schools have some the Garrett Lee Smith Memorial Act, However, for too long, mental health sort of mental health need. A RAND which focuses on suicide prevention on care has not been at the forefront of Foundation study found that only a college campuses and through grants public dialogue, despite the fact that quarter of those students needing men- to States. The bill authorizes ‘‘Mental mental illness affects one in four tal health support received any type of Health Awareness Training Grants,’’ a Americans every year, and serious services to address their needs. That commonsense idea introduced by Sen- mental illness affects 1 in 17. Unfortu- means over 11 million school-aged chil- ators BEGICH, BLUMENTHAL, and nately, there is still a stigma associ- dren may be struggling with mental AYOTTE to train school and emergency ated with mental illness, and that stig- health concerns and not receiving the personnel, as well as other individuals, ma results in too many people suf- support that will help them in school, to recognize the signs and symptoms of fering in silence without access to the in their home and in their commu- mental illness, to become familiar with care that could significantly improve nities. mental health resources in the commu- their lives. I worked with Senators BENNET, nity, and to safely de-escalate crisis Unlike many other chronic diseases, ALEXANDER, and MURPHY on language situations. mental health problems often begin at in our amendment that encourages I worked with Senator MURRAY to re- a young age. Half of all mental ill- schools to develop and implement authorize and strengthen the National nesses manifest by age 14, with another schoolwide prevention and early inter- Child Traumatic Stress Initiative, quarter appearing by the age of 24. vention programs such as Positive Be- which supports a national network of However, less than half of the children havior Interventions and Supports, child trauma centers in order to co- with an identified mental health ill- PBIS. Such schoolwide programs reach ordinate the collection, analysis, and ness receive treatment, and the aver- every single student in a school; every reporting of data concerning evidence- age lag time from the first onset of grade; every classroom. And the pro- based treatments, interventions, and symptoms to receiving treatment is al- grams provide students with both clear practices for children and their fami- most a decade. information about what the expecta- lies who have experienced trauma. This lack of treatment has huge con- tions are for positive behavior and I also worked with Senator SANDERS sequences. Some 30,000 Americans die interactions, and the support they need to authorize and improve the National by suicide each year, and it is a shock- to be successful to meet those expecta- Violent Death Reporting System at ing fact that people with serious mentions. CDC which provides valuable informa- tal illness die 25 years earlier than Schoolwide programs such as Posi- tion about violent deaths so we can Americans overall, often from treat- tive Behavior Interventions and Sup- look for ways to prevent them. able causes like diabetes and smoking- ports are important, but we also know Finally, the amendment calls for ad- related chronic conditions. that schools often lack sufficient men- ditional information to be gathered on The shame in this is that with access tal health services for students who mental health services for children, in- to the right treatments and supports, need more comprehensive services. We tegrating mental health and substance most people with mental illnesses can also need to help schools link to men- use disorder treatments with primary recover and lead productive, healthy tal health services. An NIH study found care and the implementation of rec- lives. But we need to make the critical that most mental health services for ommendations made after the Virginia investments that will enable this to school-aged children were provided in Tech tragedy in 2007. happen, and this amendment is about schools. But schools do not always Before I yield the floor, I wish to join making those investments. have the expertise to provide those my colleagues in expressing my appre- In the past several years, we have services. I worked with Senator ciation to Senator MANCHIN and Sen- made two important steps forward in FRANKEN to direct the Department of ator TOOMEY. They have provided great mental health care. First, in 2008 Con- Education to allow for grants that leadership in bringing this legislation gress passed the Paul Wellstone and would link local schools to commu- forward so that we can have back- Pete Domenici Mental Health Parity nity-based mental health services, ground checks. We will be voting on and Addiction Equity Act. This long- thereby expanding a school’s ability to that legislation later this afternoon. overdue law put an end to the absurd support children who have more com- I think it is another example around practice of treating mental and phys- plex mental health needs and allowing here—and maybe people will learn this ical illness as two different things for the training of school personnel to too late—of how we can sit down and under health insurance. We followed meet students’ mental health needs. talk. We won’t know what kind of this up with another important step Finally, this title allows for the use agreement can be reached until we sit forward in the Affordable Care Act, by of Elementary and Secondary Edu- down and talk to people. A person may requiring coverage for mental health cation Act title I funds to create or up- think he or she is miles apart on an and substance use disorders as an es- date school crisis management plans. issue, and in the beginning maybe they sential benefit in health insurance These plans are key to ensuring the are, but by talking and working things plans and extending Federal parity pro- safety of all students and school per- out, we can reach good agreements. tections to 62 million Americans. sonnel. This is a good example of that. Building on these important insur- Because these programs are The one element I would add to that ance reforms, we started working in schoolwide and reach every student, is that the amendment I just called up the HELP Committee a few months ago this means students receive the sup- is an important part of this bill in that to put together a targeted package to port they need early—often before it deals with mental health services address some of the most pressing men- problems develop. It also means that both to children in school and out of tal health care challenges in schools students who need more comprehensive school. Again, I believe this is a very and communities. And last week, the and complex services are identified important part of what we ought to be HELP Committee unanimously passed early and can be linked to those serv- doing to reduce violence and respond to and reported out the Mental Health ices as soon as possible so that prob- the mental health care needs of our Awareness and Improvement Act, lems don’t become worse. young people. which is this amendment. This combination of prevention and Again, I thank Senator MANCHIN and The first title of this amendment early detection of needs, as well as ex- Senator TOOMEY for their tremendous provides a number of strategies to panding the services and supports leadership on this important issue. make sure we are addressing the con- available to schools, will help address I yield the floor. cerns of students with mental health the wide gap in mental health supports The PRESIDING OFFICER (Mr. needs, starting with prevention and for school-age children. COONS). The Senator from Vermont. early detection. According to the Na- The second title of this amendment Mr. LEAHY. Mr. President, in watch- tional Institutes of Mental Health, 20 focuses on programs at the Department ing this debate, at times I see a Sen- percent of America’s 75 million school- of Health and Human Services. I ator who actually wants to stand up

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They will add two new saw that last Thursday when the Sen- that is what we are doing with the Stop provisions to our Federal criminal code ate rejected the ill-conceived filibuster Illegal Trafficking in Firearms Act. We to specifically prohibit serving as a against considering the Safe Commu- need to close this dangerous loophole straw purchaser of firearms and traf- nities, Safe Schools Act of 2013. The in the law that Mexican drug cartels, ficking in firearms. The bill establishes vast majority of American people did gangs and other criminals have ex- tough penalties for these offenses in an not want it filibustered. They wanted ploited for too long. effort to punish and, importantly, us to have the courage to stand up and We know that many guns used in deter this conduct. I was accused at the vote yes or no, not vote maybe, which criminal activities are acquired Committee markup on this bill of is what a filibuster is. through straw purchases. It was a being too tough on these crimes. I be- After considering the bipartisan ef- straw purchaser who enabled the brutal lieve we need a meaningful solution to forts of Senator MANCHIN and Senator murders of two brave firefighters in these serious problems. TOOMEY to plug loopholes in the back- Webster, New York, this past Christ- Another key provision of our bipar- ground check system, the Senate will mas Eve, and it was a straw purchaser tisan bill is that it complements exist- consider a partisan alternative offered who provided firearms to an individual ing law that makes it a crime to smug- by Senator GRASSLEY, and I will speak who murdered a police officer in Plym- gle firearms into the United States by about that in a moment. outh Township, Pennsylvania, last Sep- specifically prohibiting the smuggling Before I do that, I would like to talk tember. of firearms out of the United States. In about what Senator COLLINS and I have We need a meaningful solution to light of what we know is occurring, done. I have a bipartisan amendment this serious problem. We also include particularly on our Southwest border, that will prevent criminals from cir- suggestions from Senator GILLIBRAND this is an important improvement to cumventing the existing background to go after those who traffic in fire- current law and another tool that was check system. arms by wrongfully obtaining two or needed but missing over the last few AMENDMENT NO. 713 more firearms. We worked hard to de- years. The provisions in our legislation are (Purpose: To increase public safety by velop effective, targeted legislation punishing and deterring firearms trafficking) that will help combat a serious prob- focused, commonsense remedies to the lem and that will do no harm to the very real problems of firearms traf- Mr. President, I call up my amend- Second Amendment rights of law-abid- ficking and straw purchasing. Our bill ment numbered 713, the Leahy-Collins ing Americans. does not affect lawful purchases from amendment, which is at the desk. This Stop Illegal Trafficking in Fire- Federal firearms licensees, and in no The PRESIDING OFFICER. The arms Act—originally introduced as S. way alters their rights and responsibil- clerk will report. 54—will make important changes and ities as sellers of a lawful commodity. The legislative clerk read as follows: better equip law enforcement officials We listened to concerns about family The Senator from Vermont [Mr. LEAHY] for to investigate and prosecute the all- members who give firearms as gifts and himself, Ms. COLLINS, and Mr. KING, proposes too-common practices of straw pur- other transfers that are not designed to an amendment numbered 713. chasing and illegal trafficking of fire- get around the existing background Mr. LEAHY. Mr. President, I ask arms. As I said, these are people who check system. As a result, the bill con- unanimous consent that further read- are not prohibited by Federal law from tains important exemptions for the ining be dispensed with. purchasing a gun. They purchase a fire- nocent transfer of a firearm as a gift, The PRESIDING OFFICER. Without arm on behalf of a person or at the di- or in relation to a legitimate raffle, objection, it is so ordered. rection of a drug trafficker, criminal, auction or contest. (The amendment is printed in today’s or organization, and that is how these In an effort to encourage even broad- RECORD under ‘‘Text of Amendments.’’) large criminal organizations are super support for our bill, Senator COLLINS Mr. LEAHY. Mr. President, this ported. That is how these illegally ob- and I have made changes to our bipar- amendment makes some minor tained guns are often sold and resold tisan bill to emphasize that this legis- changes to the Stop Illegal Trafficking across State lines. Of course, this relation will have no adverse effect that in Firearms Act. Our act is designed to sults in the proliferation of illegal fire- would impact law-abiding gun owners. give law enforcement the necessary arms and gun violence in our commu- We have consulted a lot of people on tools to combat the practices of straw nities. this matter, including law enforcement purchasing and illegal trafficking in Gun trafficking and straw purchasing officials, prosecutors, victims, and the firearms. An example of that is when make our communities less safe. We re- National Rifle Association. We have somebody legally buys a handgun for cently saw a case where a woman was consulted gun owners and others. We $500 and then turns around and sells it arrested as a straw purchaser after she have brought together some very di- for $1,500 to a drug cartel or somebody bought a weapon for a man who then, it verse views, which is what that legisla- who could not buy it themselves. Usu- appears from the evidence, used that tion is supposed to do. We want to com- ally they buy a lot more than one weapon to kill the head of the Colorado bat the destructive practices of straw weapon; they buy a whole lot. They prison system. That man was blocked purchasing and firearms trafficking. I will buy them legally and then sell from buying a weapon. Somebody else am pleased that our discussions with them to people who could never legally bought it for him. all of these groups resulted in legisla- buy them. We have seen what that has Under current law, there is no spe- tion that reflects diverse views yet is a done in Mexico with its drug cartels. cific statute that makes it illegal to focused approach to combat the de- We have seen what it has done with the act as a straw purchaser of firearms. structive practices of straw purchasing drug cartels and gangs in some of our Nor is there a law directly on point to and firearms trafficking, while pro- major cities. address the illegal trafficking of fire- tecting the Second Amendment rights I commend Senator COLLINS for her arms. As a result, prosecutors must of Americans. work in developing this amendment cobble together charges against a The amendment has all of the impor- and for her strong support of the law straw purchaser using so-called ‘‘paper- tant provisions of the measure that enforcement officials who requested work’’ violations such as misrepresen- was debated and voted on by the Judi- this legislation to help them keep our tations on a Federal form. These laws ciary Committee and passed with a bi- communities safe. are imperfect, and do not give prosecu- partisan majority. These include two Straw purchasers circumvent the tors the leverage needed to encourage new Federal criminal statutes that will purposes of the background check sys- straw buyers, often the lowest rungs on help law enforcement go after straw tem. Straw purchasers put guns into a ladder in a criminal enterprise, to purchasers and firearms traffickers.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2733 After the bill was reported out of Com- strawpurchasing, there is suddenly a suddenly sprung on us with no hear- mittee, a Committee report was filed Republican alternative which would ings, no votes late today—is it actually in relation to it that made our intent gut the protections and tools that our has a roadmap of how to avoid prosecu- plain in the meaning of the bill. The law enforcement community needs. tion, how to do the things the drug car- clarifying language likewise ensures That partisan alternative was released tels want and organized crime wants, that lawful gun purchasers can buy late this morning and surprisingly the and to make sure they will never be firearms from licensed dealers as bona effort is led by members of the Senate prosecuted. As long as straw pur- fide gifts or raffles or as contest prizes Judiciary Committee. None of their chasers ask no questions, bury their and so on. This amendment should also provisions was considered through reg- heads in the sand, they can’t be held eliminate any concern about imposing ular order or even offered and debated accountable. They can buy these guns. potential liability on the original pur- in committee. They can meet somebody in a back chaser of a firearm for the criminal People always speak about regular alley who is trying to hide his face and acts of the ultimate recipient of the order, but none of these provisions say: I could have bought this legally. firearm after it is conveyed by that were considered through regular order. Give it to me. Here is your money. Be- purchaser and reconveyed a number of None of them were offered or debated sides that, I will pay a 300-percent prof- times. The amendment also includes in committee. All of a sudden, wait, it and then get away with it. other technical changes to conform the wait. We can’t have this thing that law The Republican substitute will help bill to existing law regarding the for- enforcement wants. We can’t have this the Mexican drug cartels by elimi- feiture of firearms and ammunition. thing that might actually stop drug nating an existing tool that the Justice Throughout our committee process cartels and organized crime from get- Department needs to combat violence and discussions, no one was ques- ting these guns. We have suddenly on the Southwest border. The Repub- tioning the constitutionality of these come up with a new idea this morning. lican substitute also interferes with provisions, and they have all accepted Sorry we don’t have time to talk about state prosecutions of gun crimes. the fact that they will help law en- it. Sorry we don’t have time to have Under existing law, a person who is forcement. In fact, the required nexus hearings. Sorry we can’t go through traveling through a state with a gun he to interstate commerce in the bill is the committee. Sorry we can’t have is not allowed to possess in that state identical to that already in existing votes. Trust us. can assert as a defense that he was law. Our bill does not create a national As chairman of the Senate Judiciary merely traveling between two states in firearms registry, nor does it place any Committee, I took my responsibility which his possession would be legal. additional burdens on law-abiding gun seriously when the committee consid- This is fair. But the Republican pro- owners or purchasers. ered gun violence legislation. We held posal takes this defense and places the I worked with Senator COLLINS, Sen- three hearings. We had four lengthy burden on the state prosecutor to dis- ator DURBIN, Senator GILLIBRAND, and markups. There were many amend- prove the defendant’s claim beyond a others to provide a real world, common ments circulated and we debated them. reasonable doubt in all cases, even if sense solution to the problem of gun The distinguished Presiding Officer is a the defendant has offered no evidence trafficking and straw purchasing. member of that committee. He was at all to support his claim. If the state There is wide agreement that straw there for all those hearings. He was prosecutor fails to meet this high bur- purchasing and illegal gun trafficking there for all that debate. They went on den, the Republican proposal requires have to be stopped, and that is why law sometimes for a long time, but we the state to pay the defendant’s attor- enforcement so strongly supports our voted up or down, and we worked to ney’s fees. This is a clear intrusion on amendment. In fact, this measure was broker bipartisan compromises. the longstanding police powers of introduced at the request of law en- The results: Some of those same states. forcement officials who have said for members who serve on the Senate Judi- I urge everyone who cares about years that they lack the legal tools ciary Committee circulated this helping law enforcement and keeping necessary to combat illegal straw pur- lengthy substitute—just hours before firearms out of the hands of criminals chasing and firearms trafficking. It the scheduled vote on their half-baked to oppose the Republican substitute, will provide needed tools to fight alternative. It is a weak and counter- number 725, and to support the bipar- against the drug cartels and other productive alternative. The substitute tisan, Leahy-Collins amendment, num- criminals who threaten our commu- is a weak and counterproductive alter- ber 713. nities. native, and this weak and counter- The PRESIDING OFFICER. The Sen- Like our original bill, the amend- productive alternative, this partisan ator is notified the majority time has ment we now offer has the support of substitute, has not been the subject of expired. numerous law enforcement organiza- one single hearing or any committee Mr. LEAHY. I appreciate that. I hope tions, including the National Fraternal debate or vote. we will not pass this. I hope we will not Order of Police; the Federal Law En- The lengthy partisan substitute does strip State and Federal law enforce- forcement Officers Association; the several things to make our commu- ment in their effort of trying to pro- International Association of Chiefs of nities less safe. One of its provisions di- tect us. Police, the Major Cities Chiefs Associa- rectly undermines what Senator COL- I yield the floor. tion; the FBI Agents Association, the LINS and I wish to accomplish. We want The PRESIDING OFFICER. The Sen- National District Attorneys Associa- to stop trafficking. We want to stop ator from Texas. tion—an organization on which I was drug cartels and organized crime and AMENDMENT NO. 725 privileged to serve as vice president; bank robbers and those who would Mr. CRUZ. Mr. President, I rise to and all nine member organizations of murder government officials. We want speak on the Grassley-Cruz substitute the National Law Enforcement Part- to stop them from being able to get amendment. This amendment has come nership to Prevent Gun Violence. these guns through straw purchases. through the extended process of consid- I mention all these things because we The Republican substitute requires eration of legislation and, indeed, I took months doing this. We met with prosecutors to prove beyond a reason- think this amendment has come to everybody. We worked. We listened to able doubt that a straw purchaser knew pass precisely the way the process opposing views and supporting views. for certain that he was buying for a should operate as a result of multiple Then we had hearings and then we had prohibited person. A straw purchaser hearings in the Judiciary Committee; a markup. But all of a sudden, late this could have every suspicion in the world taking witness testimony, examining morning, with no hearings, no markup, that the actual buyer is a dangerous what the evidence demonstrates is the no chance to debate it, we have a par- criminal, but as long as he deliberately problem, and then endeavoring to craft tisan alternative led by some members shields himself from getting confirma- a solution that multiple Senators have of the Senate Judiciary Committee. tion of that fact, he is untouchable. contributed to. It has been a long col- In contrast to the broad law enforce- Willful ignorance will be their shield. laborative process. At this point this ment support we have earned for our What this alternative Republican amendment has over 20 cosponsors, and attempt to combat gun trafficking and amendment does—the one that was I am hopeful and believe that when it

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So 2012; readiness and emergency manage- and we should devote every resource to one of the things this bill does is to ment for schools was cut $20 million to stopping violent criminals from com- create a task force within the Depart- 30 million annually in 2012; school safe- mitting horrific acts of violence. Every ment of Justice devoted to prosecuting ty initiative was cut $53 million in 2011; one of us was horrified by the crime in felons and fugitives who attempt to il- and the safe and drug-free school Newtown, CT—at the senseless killing. legally purchase guns. It provides $50 grants were cut $184 million in 2010. Mr. LEAHY. Would the Senator yield million—$10 million a year over 5 This substitute restores funding for for a question? years—to provide the additional re- school safety. Mr. CRUZ. I am happy to yield. sources to make sure that when felons If the effort is to protect our kids— Mr. LEAHY. The Senator suggested and fugitives try to illegally purchase and I know all 100 Senators want to do this went through the process, went guns, we go after them, we prosecute everything we can to protect our kids— through the Judiciary Committee. I them, we put them away, and we pre- one of the most direct ways is to make have been on the committee for 36 vent them from acquiring those guns sure there are resources on the ground years. I have been chairman for a num- and using them in horrific acts of vio- protecting our kids. So this bill would ber of years. I don’t recall when this lence. provide $300 million in funding—$30 happened. Would the Senator from A second aspect of this substitute fo- million a year for 10 years—to do ex- Texas tell me when it was ever voted cuses on gun crimes—instances where actly that, to provide funding for the on. Did we ever have a markup? Did we felons use a gun in the commission of a secure our schools grants. ever have a hearing? crime. In 1997, in Richmond, the U.S. A fourth area is improving the exist- Mr. CRUZ. Mr. President, as the dis- attorney there pioneered a program ing background checks as it concerns tinguished chairman is well aware, this called Project Exile, which was tre- mental illness. If we look for a com- amendment was not put before the mendously successful. I note that was mon theme among these mass murders committee, but it is as a result of the the U.S. attorney under a Democratic we have seen in recent years, one of the process in the committee; the testi- President, Bill Clinton. Project Exile most disturbing themes is we have seen mony that was given in multiple hear- put serious Federal resources to pros- person after person with serious men- ings that I was honored to attend with ecuting under Federal law anyone who tal illness accessing firearms and using the chairman and with the Presiding uses a gun in the commission of a them to commit horrific acts of vio- Officer, and it is in response to that crime. As a result of that innovative lence. One of the real problems with testimony and that evidence that over plan, we saw tremendous success. our existing background check system In 1997, before Project Exile had been 20 Senators have come together to is some 18 States have essentially re- implemented, Richmond had the third craft legislation that actually address- fused to comply with reporting mental highest murder rate in the Nation. Yet, es the problem. health records. Some 18 States have rein 1998, after Project Exile was imple- Indeed, I would note, my biggest con- ported fewer than 100 records to the mented, homicides dropped 33 percent. cern with the legislation—the Demo- background check system. If adjudica- The next year, in 1999, homicides cratic legislation on the floor—is it tions of someone as a danger to oth- dropped an additional 21 percent. It doesn’t address the problem. It doesn’t ers—having a serious mental illness target violent criminals. Instead, what was a program that worked. When President George W. Bush was that makes them a danger to others— it does is it targets law-abiding citi- elected, he expanded the program with if those adjudications are not reported zens. If we are to be effective in stop- Project Safe Neighborhoods, focused to the background check system, then ping violent crime—and I am confident the same, putting law enforcement re- the existing system cannot operate. I every Member of this body wants to do sources and priorities and prosecuting would note my home State of Texas everything we can to stop violent the use of guns in a violent crime. Un- has devoted considerable efforts to re- criminals from harming innocents fortunately, under the current admin- porting those records and, indeed, over among us—the approach that is effec- istration, this has not been a priority. 200,000 mental health records have been tive, in my judgment, is targeting vio- Indeed, in firearms cases, prosecutions reported from the State of Texas to en- lent criminals while at the same time have dropped 30 percent in the Obama sure that those with serious mental ill- safeguarding the constitutional rights Justice Department. ness who are a danger to others are of law-abiding Americans. That is ex- All of us are united in wanting to prevented from accessing firearms. actly what this substitute does. I wish stop violent crime and, in particular, If the objective is to stop violent to talk about several aspects of it, all stopping violent crime with firearms. I crime, then it seems to me we should of which are directed at targeting bad would suggest the most effective way focus on criminals. I would note that actors, at targeting violent criminals to do so is to ensure we are prosecuting quite intuitive statement is not one rather than law-abiding citizens. violent criminals who use firearms. For which I am alone in viewing in that One of the disturbing things we dis- that reason this amendment creates a way. covered in the course of these extended national Project Exile that would, in Recently, a survey was done of over hearings in the Judiciary Committee is particular, focus on the 15 jurisdictions 15,000 law enforcement professionals that the Obama Justice Department with the highest violent crime rates about what measures would be effec- has not made it a priority to prosecute and three tribal jurisdictions with the tive stopping violent crime. Mr. Presi- felons and fugitives who attempt to il- highest crime rates. It would devote $45 dent, 79.7 percent of law enforcement legally purchase firearms. Indeed, we million—$15 million a year for 3 professionals, in this survey done by learned that in 2010, over 48,000 felons years—for more assistant U.S. attor- police, said, one, expanded background and fugitives attempted to illegally neys and agents to prosecute violent checks would not be effective in stop- purchase firearms. Of those 48,000, the gun crimes, to target exactly who we ping violent crime; 71 percent of law Obama Justice Department prosecuted want to target—violent criminals. I enforcement professionals said the as- only 44. That is 44 out of over 48,000. At would note as well that this legislation sault weapons ban being considered by the hearing, we heard from a police also includes new language criminal- this body would not be effective in chief who yelled at a Senator and said izing straw purchasing, criminalizing stopping violence crime; interestingly he didn’t have time to worry about pa- trafficking but doing so in a way that enough, 20.5 percent of law enforce- perwork violations. I would submit targets bad actors and doesn’t sweep ment professionals said if the assault that if a convicted felon is trying to il- innocent, law-abiding citizens inad- weapons ban were passed, it would ac- legally buy a gun, that is not a paper- vertently into its reach. tually make violent crime worse; and work violation, and that is a prime A third area of focus is school safety. 95.7 percent of law enforcement profes- area for focusing law enforcement re- Unfortunately, the Obama administra- sionals—virtually unanimous—said the

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2735 magazine restrictions that are being simple: Because by extending back- Mr. CRUZ. With respect, the legisla- considered by this body would not be ground checks to private trans- tive language, as I understand it, is effective in stopping violent crime. actions—the Department of Justice has triggered whenever there is any form of I would suggest we should listen to been very candid about this. The Dep- advertising, be it on the Internet or on the men and women on the ground, to uty Director of the National Institute Craigslist or The Greensheet or any- the police officers, who risk their lives of Justice explained that with respect thing else, and that sweeps in a whole defending us, defending our children, to universal background checks, ‘‘ef- category of new sellers, purely private and we should trust their assessment. fectiveness depends on requiring gun sellers who are not commercial fire- I wish to make two final observa- registration.’’ arms dealers. tions. Mr. SCHUMER. Will my colleague Commercial firearms dealers are al- One, there has been considerable dis- yield for a question? ready, as my friend is well aware, sub- cussion about expanding background Mr. CRUZ. I am happy to yield. ject to significant regulation. Shifting checks. Right now, background checks Mr. SCHUMER. I appreciate my col- to a new category of private law-abid- are required of any individual who pur- league’s courtesy. ing citizens is a major threshold and I would ask my colleague this: Isn’t chases a firearm from a licensed Fed- one that I think is unwise. eral firearms dealer. That is the exist- it the case that the very background ing system, and the system that the check proposed in Manchin-Toomey is Mr. MANCHIN. On the Internet right amendment I am proposing would work the same one that has been used for 17 now, as I understand the law as we to improve. years for FFLs, for Federal firearm li- have it, without changing anything— There is an amendment pending be- censees? Isn’t it the exact same one? mine or yours—if I buy from you in fore this body to expand that system Mr. CRUZ. What is not the exact Texas, and you send me that gun, it significantly and in particular to cross same is extending it to a private indi- has to go by law through a licensed a threshold that has not previously vidual selling to another private indi- dealer for me to go get a background been crossed: to require Federal Gov- vidual. check to pick it up. We have not ernment background checks for purely Mr. SCHUMER. But it is the same changed that, sir. All we do is say if private sales between private individ- technique, it is the same entry into the you buy in State or out of State they uals. If an individual wants to sell, for book, and everything else. are treated the same. example, his shotgun, and he puts an Mr. CRUZ. But what is consequential Mr. CRUZ. Well, except the bill also ad on Craigslist advertising that shot- is extending it to private sellers, not li- applies to any advertising. It is not gun, under the pending bill, by putting censed dealers. Because the argument limited to the Internet. I would apply that ad on Craigslist, that individual surely would be—if this bill passed, the to a listing on Craigslist, to a listing in would be required to submit to a Fed- argument would immediately become: the local newspaper. If an individual eral background check, would be re- Well, it cannot possibly be effective be- wanted to sell his or her firearm and quired to go to a Federal firearms deal- cause we do not know who owns those advertised in any way, they would po- er to do so, and would, of necessity, firearms. tentially be guilty of a felony for not have to pay whatever fee was set. Mr. SCHUMER. Just one more ques- going through the Federal background I would note that fee could well be tion. check. Has my colleague in the last 17 years substantial. We do not know what that What I would suggest—and I want to detected any move out of Washington fee would be, but we do know the Dis- be respectful of my time because I for a national registration, any specific trict of Columbia right now charges think I am nearing the conclusion of substantive move by ATF, the Justice $150 to conduct a background check. If it—what I would suggest is all of us Department, or any other Federal the fee turned out be anything in the want to stop violent crime. In drafting agency to begin a campaign, a move to order of what the District of Columbia this substitute, what a number of Sen- charges, the effect of passing that bill any kind of national registration? Mr. CRUZ. In my opinion, adopting ators endeavored to do is look at the would essentially be a Federal Govern- mandatory Federal Government back- most effective proposals to do exactly ment penalty, potentially as much as ground checks for purely private trans- that: to stop violent crime. My view is, $150, on an individual who wanted to actions between law-abiding citizens if you have a violent criminal, we sell his or her shotgun or rifle to an- puts us inexorably on the path to a should come down on them like a ton other law-abiding citizen in a purely push for a Federal registry. of bricks. But at the same time we private transaction. Mr. SCHUMER. But my colleague has should be especially careful to safe- I would suggest if the objective is to not detected any move of that as of guard the constitutional rights of law- stop violent crime, in all of the hear- yet? abiding citizens. ings we had before the Judiciary Com- Mr. CRUZ. It is not currently pro- The Second Amendment is a critical mittee, there was no evidence sub- posed. part of the Bill of Rights, and each of mitted that purely private trans- Mr. SCHUMER. OK. us has taken an oath to defend the Con- actions between private citizens were a Mr. CRUZ. But if the bill that is stitution—an oath that I know every significant source of firearms used in being considered were adopted, it Senator takes quite seriously. crimes and that regulating them would would put us on that path, and I think I would suggest there is no evidence help reduce violent crime. Indeed, as I that path would be profoundly unwise to support the claim that regulating said, one police chief told the com- and would be inconsistent with the millions of law-abiding citizens, who do mittee he did not have time to pros- Second Amendment right to keep and not currently pose a threat, would be ecute felons and fugitives who were il- bear arms. remotely effective to stop violent legally trying to purchase guns. Mr. SCHUMER. I thank my colleague crime. What it would do is increase the If law enforcement does not have for his courtesy. time to prosecute felons and fugitives, pressure substantially for a national Mr. MANCHIN. Mr. President, will gun registry. then I would suggest they especially do my colleague yield for a question? not have time to prosecute private citi- Mr. CRUZ. I am happy to yield to my I would suggest, instead, the contrast zens in a private consensual sale, when friend from West Virginia. between this substitute and the Demo- neither of those individuals have com- Mr. MANCHIN. I thank my friend cratic bill is striking. The Democratic mitted a crime; they are law-abiding from Texas. bill includes no additional resources citizens. That is not an effective use of I am a little bit confused since it is for prosecution at all. It does not focus law enforcement resources. my and Senator TOOMEY’s amendment, on prosecuting criminals. I would sug- But even more problematic, extend- working with Senator KIRK and Sen- gest that omission is quite striking. ing background checks to private ator SCHUMER. We excluded all private It is my hope that—we are going to transactions between private individ- transactions. We did not ever even go have a vote on background checks; this uals—if this body did that—I believe close to a private transaction. Ours is body will decide its view in terms of would put us inexorably on the path to only at gun shows, gun stores, and whether to expand those to private a national gun registry. The reason is Internet sales, which is controlled now. citizens—but I am hopeful that after

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2736 CONGRESSIONAL RECORD — SENATE April 17, 2013 that vote, when this substitute is con- wish to get guns, even though they I yield the floor. sidered, we will see some significant bi- would not be allowed to under Brady, The PRESIDING OFFICER. The Sen- partisan agreement that says let’s pro- find ways around it, and they have. The ator from Nebraska. vide the resources to the men and two leading ways around it are the gun Mr. JOHANNS. Mr. President, I rise women of law enforcement to go after shows and sales on the Internet. this afternoon to speak about the issue violent criminals, to go after and to in- This amendment is very simple. All before us, gun violence and the Second capacitate those with serious mental it does is take the same method of Amendment to the Constitution. We illness. Let’s do everything we can to background checks and the same meth- have all been enormously saddened by stop violent crime and protect the od of recording those checks that we the recent senseless acts of violence most vulnerable among us. use now when you walk into a gun shop that have affected our Nation. In Con- Mr. MANCHIN. Will the Senator and apply it to gun shows and to sales gress, we have all been deeply moved, yield for one quick moment? on the Internet—no more, no less. and we are all motivated by the trage- If I may ask the Senator, would he I have not seen any cry from the dies. agree that a bill or an amendment other side of the aisle to repeal the However, unfortunately, the legisla- should be posted for 48 hours prior to background checks mandated under tion currently before the Senate would voting? the Brady law. I have not seen any cry do virtually nothing to address the Mr. CRUZ. Is the Senator suggesting saying, they do not work. We have sim- causes of this violence. This legisla- that the Senate should move these ply seen that they do not cover 40 per- tion, in my judgment, would take us votes? cent, approximately, of gun sales. The down what I would regard as a dan- Mr. MANCHIN. No, no. I am saying, bill I originally introduced I guess is gerous path. Rather than focusing on does the Senator believe we should the gold standard. It covered them all. the underlying causes of gun violence, have 48-hour postings? But in an effort to compromise, Sen- this legislation would place onerous re- Mr. CRUZ. I think that is ordinarily ators MANCHIN and TOOMEY, with con- strictions on law-abiding Americans, the right process to follow. In this siderable courage, worked with us and who have a right and are exercising case, this bill, this substitute took con- now individual sales are not covered. their Second Amendment rights. siderable time and was the result of ex- But the sales on the Internet and sales It should trouble us that the first re- tended negotiation among a great at gun shows are. sponse to recent tragedies is to curtail many Senators. And I know my friend I say to some of my colleagues who the Bill of Rights. These rights were so from West Virginia has gone through have been allies in the pro-gun control incredibly vital to the birth of this those extended negotiations before and movement: Do not let the perfect be great Nation. The Founders specifi- surely will again. This was filed as the enemy of the good. This is a strong, cally limited the power of the govern- soon as there was agreement that good bill. I say to my colleagues on the ment to restrict these rights. But this brought people together in an area that other side of the aisle, the only objec- legislation, in my judgment, goes be- is my hope we should be able to find tion—the only objection we have heard yond and pushes beyond those con- consensus. We should be able to find to this bill, this proposal of Senators stitutional limits. The bill before us consensus on targeting violent crimi- MANCHIN, TOOMEY, KIRK, and myself—is would have a number of adverse effects. nals. That is what this bill endeavors that it will lead to registration. For example, it would prevent a Ne- to do. Well, then let me ask or let me refer braskan from using a neighbor’s shot- I yield the floor. to my colloquy with the Senator from gun to go trap shooting on a nearby The PRESIDING OFFICER. The Sen- Texas. Has there been a single step to- farm or an uncle from giving a niece a ator from New York. ward registration as this system has hunting rifle as a birthday gift without Mr. SCHUMER. Mr. President, I ask been in place since 1999, 14 years? Not receiving FBI approval. As my col- unanimous consent to address the Sen- one. So why is it all of a sudden that if league from Iowa has pointed out, the ate for 5 minutes. we extend these to gun shows and Deputy Director of the National Insti- The PRESIDING OFFICER. Without Internet sales, registration will come tute of Justice has written that uni- objection, it is so ordered. down upon us like a plague within a versal background checks can only be Mr. SCHUMER. Thank you, Mr. matter of months? The argument, and enforced if coupled with national gun President. it is the only argument made against registration. First, I want to thank my colleague background checks, that this will This legislation—I agree with the from Texas for his courtesy. cause registration to occur, is a ca- Senator from Texas—would be a first I wish to address two issues here: nard, plain and simply, an excuse. Be- step on the path toward a national gun first, the bill that my good friend from cause the opponents cannot argue registry, a far cry from the vision of West Virginia and my friend from against the substance, they come up our Founders, who exercised this very Pennsylvania have worked on long and with this fearmongering tactic that fundamental right to secure our free- hard, that Senator KIRK and I are spon- this will lead to registration. There is dom. sors of as well; and, second, concealed not one jot of evidence that the exist- The fact is, had this legislation been carry. ing law, the same as the new law we law, it would not have prevented any of I have always said that background are proposing, has led to that. the recent atrocities that have affected checks are the sweet spot of this de- I would urge my colleagues to step to families in our Nation. bate—the sweet spot because it will do the plate. Pass this amendment. I un- We will also have the opportunity to the most good and has the best chance derstand the views on the assault vote on a series of amendments. One of passing. If this is the sweet spot, we weapons ban, which I so strongly sup- such amendment we will consider is should take advantage of it. Let us port, and the limitation on clips, which the so-called assault weapons ban, step to the plate and not make this a I so believe in. They may not get a which would prohibit law-abiding citi- sour day for those in Newtown, for number of votes. But this one is close. zens from possessing certain firearms those whose families have been victims This one is close. In my judgment, this based upon cosmetic characteristics. of gun violence, and for all Americans. one will save more lives than any Once again, this ban would do little to The bottom line is simple: The Brady other. Let us show the courage, let us prevent future gun violence. law was passed in 1994. The NICS sys- show the wisdom, let us show the con- Furthermore, I find it so incredibly tem came into effect in 1999. And the viction that doing the right thing is ironic that its proponents think these very system of background checks that the right political thing, and move it. weapons are a problem in the hands of we are proposing has stopped 1.7 mil- One more point. The arguments of re- law-abiding citizens but apparently see lion transactions of guns being sold to ciprocal conceal carry would do devas- no problem with the same weapons felons. It is certain that tens of thou- tation to the urban areas of New York. being glorified in Hollywood movies sands of people are walking God’s green To treat the forests of Wyoming like and video games. Apparently we should Earth because of the background Times Square or Yankee Stadium ban these devices in rural Nebraska checks required in the Brady law. But would be wrong. I would urge we reject where we grow up around firearms but those who have criminal intent and that as well. allow our children to idolize Hollywood

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2737 stars committing mass shootings on How do we attempt to make it a lit- agreement on this. So while it is al- the big screen and then try it out for tle bit more difficult for criminals and ready illegal, we further strengthen the yourself in a graphic video game where the dangerously mentally ill to pur- prohibition against that by stating in the game is interactive, violent, and chase handguns? We do it actually in our amendment that any Federal em- you are literally shooting at people. two ways. One is to strengthen the ex- ployee, not just those who are members At the end of the day, this legislation isting background check system. By of the ATF but any Federal employee is so incredibly flawed that no amount strengthening, what I mean is encour- who even begins the process of com- of tweaks or changes can ever possibly aging States to provide the informa- piling the data that could lead to a reg- improve it. That is why I am a cospon- tion they already have, and that some istry would be committing a felony sor of the alternative of the Senator do provide but some do not. In other subject to 15 years imprisonment. from Iowa, a complete substitute which words, the States have records about That is a pretty tough reality, that seeks to address the root causes of gun people who have been adjudicated as anyone thinking—even thinking about violence and correctly balances the dangerously mentally ill, for instance, doing this, I think would weigh very need to secure our Second Amendment those people who plead not guilty to a seriously, and thereby, I believe rights. crime by reason of insanity, those peo- strongly, we preclude the possibility, This amendment focuses on adequate ple who are deemed to be mentally in- the danger of an inappropriate reg- enforcement of the gun laws currently competent to stand trial. We have istry. on the books, as well as the mental records at the States of people who Finally, I mentioned we enhance the health needs of our country. We owe it have been adjudicated as mentally opportunity for law-abiding citizens to to the victims of gun violence to pass unfit to have a firearm. enjoy their Second Amendment rights. legislation that will actually address Then, of course, it is States that We do it in a variety of ways. the causes of these tragedies; other- have the criminal records. So all we One is we clear up some risks people wise, it will not stop. As Senators who are doing is encouraging these States take, law-abiding citizens who are took an oath to uphold the Constitu- to provide this information so that traveling across multiple States, such tion, we owe to it all Americans to pro- when a criminal attempts to buy a as a sportsman who packs a weapon tect this fundamental right, this right handgun or a long gun or when some- quite properly but who is traveling contained in the Bill of Rights that is one who is dangerously mentally ill at- into a State which has a different reso vital to the very freedom we enjoy. tempts to do so, the background check gime. We clarify that person is not I yield the floor. committing any crimes or violating The PRESIDING OFFICER. The Sen- system can capture them. That is the first big piece. It does not any laws. ator from Pennsylvania. Mr. TOOMEY. Mr. President, I rise to create a new system. It does not ex- We allow the purchase of handguns address this issue for 5 minutes. pand in any way the existing system out of State. They are subject to back- The PRESIDING OFFICER. Without except to encourage States to provide ground checks. Why not? objection, it is so ordered. the information they already have. Current law prohibits Active-Duty Mr. TOOMEY. Mr. President, first, The second thing we do is we ask to military personnel from buying a weap- let me mention I am a gun owner. I have a background check at gun shows. on in their home States. We repeal that have an A rating with the NRA. The We already have background checks if as well. Second Amendment is extremely im- you buy from a licensed dealer. In my A similar measure to this—without portant to me, my constituents, Penn- State of Pennsylvania, anyone who the benefits to Second Amendment sylvanians generally, to Americans buys a handgun anywhere at any time supporters and expansion of back- generally. has a background check. What this ground checks—was on the House floor Let me be very clear about this too. would do in Pennsylvania is it would in 1999. That bill was endorsed by the The Second Amendment does not apply extend background checks for commer- NRA. I voted for it and a majority of equally to every single American. That cial sales which are conducted at gun Americans voted for it. We did so be- is not even a controversial notion. The shows, and for advertised sales over the cause it was common sense. This isn’t Second Amendment was never meant Internet. gun control, this is common sense. to apply to young children. Nobody dis- I have got to tell you, there is abso- This is a modest measure to increase putes that. The Second Amendment lutely no way that this can be con- the chances of keeping guns out of the does not apply to people who forfeit strued as an infringement on Second hands of people who have no legal right their Second Amendment rights by Amendment rights. You do not have to to have a gun. committing crimes for which they are take my word for this. But I would We are going to have a close vote convicted. It cannot apply and does not take Justice Scalia’s word for this, in today. I wish to thank all of my col- apply to people who have been adju- the Heller decision, where he quite leagues who considered this and have dicated as mentally dangerous. These rightly came to the conclusion, as did given us every opportunity to make are the three classes of Americans for a majority of the Supreme Court, a our case. I wish to again thank Sen- whom the Second Amendment does not conservative majority came to the cor- ators MANCHIN, SCHUMER, and KIRK for apply, as it does and should and must rect conclusion in my view that the the very hard work they have done. for everyone else. Second Amendment is an individual I urge my colleagues to support the So the goal Senator MANCHIN and right. It is not contingent on member- Manchin-Toomey amendment. Senator SCHUMER and Senator KIRK ship in a militia, it is not a collective Mr. LEAHY. Mr. President our and I set out on when we began this right of multiple people. The Founders thoughts and prayers are with the vic- process—I want to thank my friend did not acknowledge collective rights. tims and their families of yesterday’s from West Virginia. He has worked It is an individual, personal right. They cowardly attack. I appreciate the up- harder than anybody on this. Senator were correct. dates I have received from the FBI SCHUMER has worked very hard as well; But in that decision, Justice Scalia about the matter and await the out- Senator KIRK, who from the beginning also observed there is nothing uncon- come of their investigation. The Presi- provided very important leadership on stitutional about legislation that dent is right to emphasize that Ameri- this. The goal was to see if we could would limit or restrict and try to pre- cans will not be terrorized. find a way to make it a little bit more vent the purchase of firearms by people In the aftermath of the explosions in difficult for the people who have no who do not enjoy this right. So that is Boston we were reminded once again legal right to have a gun to obtain one. what we do. how Americans come to each other’s That was the goal. Along the way, we I know there has been a great deal of aid in a crisis. We witnessed citizens thought that if we can find some ways concern about a registry. No one would and first responders selflessly helping to better secure the opportunities for oppose a Federal registry of firearms others. Just as first responders in New- law-abiding citizens to exercise their more than I. There is no need for the town responded in minutes and went Second Amendment rights, that would government to have one. Only bad headlong into a situation without be terrific to work into this. We did things could result. Fortunately, Sen- knowing what they would encounter, that as well. ator MANCHIN and I are completely in in Boston we saw similar heroism.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2738 CONGRESSIONAL RECORD — SENATE April 17, 2013 First responders risk their lives to pro- bors. The bill does not require back- justify their opposition to legislation tect the public. That is what they do ground checks for temporary transfers designed to keep guns out of the hands over and over again across the country. of guns for hunting or target shooting. of criminals by claiming that these I believe that as a result of the bravery Instead, the bill requires background measures would not have prevented the and speedy response of first responders checks for the kind of sales that can be tragedy in Newtown or any other mass in Connecticut, lives may have been easily exploited by people who intend killings. I think that argument makes saved on December 14. And we remem- to do harm. no sense. ber today that 6 years ago the Nation Why would we not try to plug the We should be responding to protect was stunned by the rampage at Vir- loopholes in the law that allow dan- our communities with a broad ap- ginia Tech. gerous criminals to buy guns without proach to help law enforcement go Our law enforcement officials deserve background checks? This is a simple after gun traffickers and straw pur- our respect and support. Law enforce- matter of common sense. The NRA tes- chasers who arm drug cartels and plug ment officers and first responders risk tified in 1999 in favor of mandatory loopholes in our background check sys- their lives to protect the public. That criminal background checks for ‘‘every tem. is why I find it so disappointing to hear sale at every gun show.’’ In addition to those important steps, some blame law enforcement for not This is about plugging loopholes in the pending amendment to limit am- preventing these tragedies. background checks. No court has held munition clip size directly addresses The legislation before the Senate that background checks, which have some of our most recent gun violence today to improve the Nation’s back- been with us for decades, violate the tragedies. It is clear that several vic- ground checks system and prosecute Second Amendment. Indeed, when the tims of gun violence would be alive U.S. Supreme Court expressly held that gun trafficking would significantly as- today if the gunman had been required the Second Amendment provide an insist law enforcement in their efforts to to pause momentarily to change his dividual right in the Heller case, it also keep the public safe. I spoke yesterday ammunition clip. When I decided to said that ‘‘longstanding prohibitions about the pending amendment, the bi- call for hearings on gun violence before on the possession of firearms by felons partisan Manchin-Toomey amendment the first Judiciary Committee several and the mentally ill’’ do not violate to close the gun show and other loop- months ago, I wanted the public to the Second Amendment. No one should holes in the background check system hear directly from victims of gun vio- oppose this amendment on Second while respecting and protecting the lence. We began our first of three hear- Amendments grounds because it does Second Amendment rights of respon- ings with former Congresswoman not undermine the Second Amendment. sible gun owners. The Senate has had Some have expressed frustration Gabby Giffords. She called on us to act this amendment before it since last about the level of prosecutions under in the wake of too many American Thursday. I trust the Senate will vote existing gun laws, and some have sug- tragedies and her battle to recover on it today, and I hope the Senate will gested that instead of making sensible from gun violence is an inspiration to adopt it. changes to our public safety laws to all of us fighting for legislation today. We have had background checks for prevent gun violence, Federal law en- At that same hearing, her husband, decades. These checks are an accepted forcement officials should focus exclu- CAPT Mark Kelly, testified about the part of the process of buying a gun. sively on existing laws. I share some of day his wife was gunned down. He said: Like millions of other responsible gun that frustration, but I do not agree it is The shooter in Tucson showed up with two owners, I understand that this check is a valid excuse for Congress to do noth- 33-round magazines, one of which was in his necessary to help keep guns out of the ing. Improvements in the enforcement 9 millimeter. He unloaded the contents of that magazine in 15 seconds. Very quickly. It hands of criminals and those who are of existing laws and efforts to give law dangerous to themselves and others all happened very, very fast. The first bullet enforcement officials better tools to do went into Gabby’s head. Bullet number 13 due to mental illness. their jobs are not mutually exclusive, Since 1998, more than 2 million sales went into a 9-year-old girl named Christina- those efforts complement each other. Taylor Green, who was very interested in de- to prohibited people have been pre- I have noted that Americans are mocracy and our Government and really de- vented thanks to background checks. looking to us for solutions and for ac- served a full life committed to advancing That is 2 million times a potentially tion, not filibustering or sloganeering. those ideas. If he had a 10-round magazine— dangerous person trying to get a gun This is something we can come to- well, let me back up. When he tried to reload was denied a gun. Is that a good thing, gether to accomplish. No one can or one 33-round magazine with another 33-round a positive thing, in the interest of safer magazine, he dropped it. And a woman will take our Second Amendment named Patricia Maisch grabbed it, and it communities? Of course it is. Who can rights or our guns away. They are not credibly argue otherwise? gave bystanders a time to tackle him. I con- at risk. But lives are at risk when re- tend if that same thing happened when he What we are now trying to do is im- sponsible people fail to stand up for was trying to reload one 10-round magazine prove the background check system. laws that will keep guns out of the with another 10-round magazine, meaning he We all know there is a huge loophole in hands of those who will use them to did not have access to a high-capacity maga- our background check system. Crimi- commit crimes of violence. This is zine, and the same thing happened, Chris- nals and others prohibited from buying something we can come together and tina-Taylor Green would be alive today. guns at gun stores can get around the do to make America safer and more se- That was a direct quote from CAPT background check requirement by cure. Mark Kelly’s testimony. It is chilling going to gun shows. I know gun store I have also been encouraging the Sen- to think that something we could pass owners in Vermont. They follow the ator from West Virginia in his efforts. today could save the next Christina- law and conduct background checks. He has shown great leadership, sensi- Taylor Green. They wonder why others who sell guns tivity, and perseverance. I commend The Judiciary Committee also heard do not have to follow these same rules. Senator TOOMEY for his willingness to from Neil Heslin, whose son was mur- I agree with these responsible business join in this legislative effort. Together, dered at Sandy Hook. He testified in owners. This loophole needs to be they have done the Senate and the support of limiting high-capacity mag- closed. country a great service. azines. We cannot forget his son Jesse The Manchin-Toomey bipartisan Improving the background check sys- or the 19 other precious children who amendment closes the loophole in a tem is a matter of common sense. Sen- were gunned down in December or the way that does not infringe upon Second ators MANCHIN and TOOMEY have shown brave educators who sacrificed their Amendment rights. Sales at gun shows that it can be accomplished in a way lives trying to protect children. and sales using online or print adver- that better protects our communities A reasonable limit on the size of am- tising will now be governed by the and fully respects our Second Amend- munition clips is a modest step going same requirements as gun stores in ment rights. I am pleased to support forward. This amendment would not Vermont and elsewhere. This will make this bipartisan solution. apply retroactively. No lawful gun us safer. It is focused on gun shows and AMENDMENT NO. 714 owner will have to turn over anything. commercial sales, not family gifts or Several opponents to the gun vio- It is a cruel irony that in some transfers between friends and neigh- lence measure pending have tried to States we are more protective of the

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2739 deer being hunted than our children. In The American people understand These magazines also are not nec- Vermont, we have very few laws affect- that allowing so many gun purchasers essary or appropriate for self-defense. ing the right to bear arms, but we do to evade background check laws does Opponents of this legislation talk limit the ammunition clips used in not make sense: Universal background about the need for high-capacity maga- hunting. It is not a threat to the Sec- checks are supported by over 90 percent zines and assault weapons in nightmare ond Amendment to limit clip size in of the public. As President Obama has scenarios: society breaking down fol- hunting, so why is it a threat to limit said, ‘‘How often do 90 percent of Amer- lowing a terrorist attack, or natural them when the potential targets are icans agree on anything?’’ disaster; or gangs of armed intruders people? The reality is that the Second Second, to stop people from sub- breaking into homes. Amendment is not under threat, but verting existing gun laws, this legisla- But there is no evidence that anyone our children are. tion clearly outlaws straw purchases, has been made safer by having access I am a responsible gun owner. I have where an individual buys a firearm for to these magazines, and law enforce- owned and shot weapons with many someone who cannot legally buy one. It ment officials and experts have repeat- different styles of ammunition clips, so also clarifies and expands existing traf- edly pointed to the dangers of keeping I understand the issue we are consid- ficking laws to give our law enforce- them in the home. Even some gun ering. Requiring a gun owner to change ment officials the tools they need to clubs ban their use on the range, be- clips more often is not too much to ask combat gun violence. cause they are so dangerous. when we see the human costs of high- Third, the legislation includes a com- I have also cosponsored an amend- capacity magazines in mass shootings. monsense grant program to improve ment to close the so-called ‘‘terror The law enforcement organizations school and campus safety. No parent gap.’’ Believe it or not, under the exist- that work on the frontlines in our cit- should have to worry, when they walk ing law, someone on a terrorist watch ies and towns support this amendment. their son to the bus stop, or drop their list would not be allowed to board an The grieving families are right to raise daughter off at her dorm, whether they airplane, but there is nothing stopping this issue because even if we save one are safe. I hope we can all agree on the him or her from buying a gun. This or two lives with this change, it is importance of protecting our children. loophole is ridiculous and dangerous, worth it. We will also be considering an as- and we should close it immediately. Just as I said in 1993 when I voted for sault weapons ban as an amendment. These proposals are reasonable meas- the Feinstein-DeConcini bill, this This proposal, which I cosponsor, helps ures that would make our communities amendment is not going to solve all restrict the sort of military-style as- safer from gun violence. I urge the Sen- violent crime, but it will make people sault weapons that have no place in a ate to pass them. safer. I believe that limiting the size of civilian setting. AMENDMENT NO. 715 ammunition clips going forward could I know that in the politics of this The VICE PRESIDENT. Under the save lives in the next mass shooting. I issue, the assault weapons ban has up- previous order, there will now be 2 min- do not want to wonder if we could have hill sledding. But I would certainly utes of debate equally divided in the done more when another son or daugh- hope we can agree on a ban on high-ca- usual form prior to the vote on amend- ter is killed. I will support this amend- pacity magazines. The full assault ment No. 715, offered by Mr. MANCHIN. ment. It is the right thing to do for weapons ban has the support of the ma- The Senator from West Virginia. public safety and to honor the young jority of Americans; the ban on high- Mr. MANCHIN. If you are committed lives lost in Newtown, in Aurora, and capacity magazines has even more to protecting Second Amendment in Tucson. overwhelming support from the public. rights, as I am, as well as the great Mr. WHITEHOUSE. Mr. President, I In recent polling, 65 percent of Ameri- citizens of this country, vote for this rise today in support of commonsense cans said that they support a ban on bill. If you desire for all of our veterans legislation to address the epidemic of high-capacity magazines. to be treated with dignity and due gun violence in America. It is no wonder that the public over- process when they return from battle, In the aftermath of the Newtown whelmingly supports this ban. As we vote for this bill. If you wish to keep tragedy, Americans across the country heard in testimony before the Judici- criminals and dangerously mentally ill began a solemn discussion about gun ary Committee and in other venues, in people from purchasing guns at gun violence, and an emerging consensus almost every mass shooting in the past shows and on the Internet, you should has formed around several much-need- few years, high-capacity magazines led vote for this bill. ed reforms. to additional deaths and injuries. To always remember those 20 babies, The Senate Judiciary Committee John Walsh, the U.S. Attorney for beautiful children, the six brave teach- heard compelling testimony in support the District of Colorado, testified that ers, and to honor the most courageous of these measures, we debated them, in Aurora the shooter used a hundred- family members I have ever met in my and we reported them to the full Sen- round drum and was able to murder 12 life, please vote for this bill. ate. It is time now for the Senate to de- people and injure 58 in a matter of 90 The VICE PRESIDENT. The Senator bate and pass this legislation. We can seconds. The carnage only stopped from Iowa. achieve greater safety in our schools, when that ultra-large feeding device Mr. GRASSLEY. I strongly oppose movie theaters, churches, and malls, jammed. this amendment. and on our city streets, without in- Captain Mark Kelly testified that in Expanded background checks would fringing on anyone’s constitutional Tucson, the shooter had a 33 round not have prevented Newtown. Crimi- right to bear arms. magazine and was able to kill 6 people nals do not submit to background A large majority of the public wants and injure 12 in a matter of 15 seconds. checks now; they will not submit to ex- to keep dangerous weapons off the He was only overwhelmed when he panded background checks. streets and out of the hands of crimi- eventually had to change magazines. The Deputy Director of the National nals. Nine-year-old Christina-Taylor Green Institute of Justice has written back- The legislation that we are voting on was killed by the thirteenth bullet ground checks will work only if they includes several important provisions. from that magazine. That little girl are universal and are combined with First, it would close loopholes that might well be alive today if her mur- gun registration. allow millions of gun purchasers each derer had to stop to reload after 10 This amendment would start us down year to evade the background check rounds. the road to registration. It would open, system without scrutiny. Under cur- We have heard no reasonable jus- not close, loopholes. rent law, a convicted felon, a drug ad- tification for why any civilian needs It would require background checks dict, a domestic abuser, or someone these deadly devices. They are not ap- when people advertise a gun for sale in who has been determined by a court to propriate for hunting. A number of their church bulletins or Farm Bureau be dangerously mentally ill, can easily laws already restrict the number of newsletter. It subjects people to Fed- evade background checks by pur- rounds per magazine for hunting, and eral criminal liability up to 5 years for chasing firearms at a gun show or on- most sportsmen would not want to violations of State or local law, which line. hunt with high-capacity magazines. is unprecedented.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2740 CONGRESSIONAL RECORD — SENATE April 17, 2013 The pro-gun provisions would actu- all should be able to support. This is a Shelby Thune Vitter ally reduce existing protections for bill that provides major resources to Tester Toomey Wicker law-abiding gun owners. prosecuting violent criminals, to going NAYS—48 I urge my colleagues to reject this after felons, to going after fugitives, to Baldwin Heinrich Murray dangerous and misguided approach. preventing them from getting guns. It Bennet Hirono Nelson Blumenthal Johnson (SD) Reed I yield back the remainder of my provides resources for school safety. It Boxer Kaine Reid time, and I yield the floor. provides additional resources to im- Brown King Rockefeller Mr. TOOMEY. I ask for the yeas and prove the background check system Cantwell Kirk Sanders nays. Cardin Klobuchar Schatz and to encourage States to provide Carper Lautenberg Schumer The VICE PRESIDENT. Is there a more records on mental health illness. Casey Leahy Shaheen sufficient second? This is a strong law enforcement bill. Coons Lee Stabenow There appears to be a sufficient sec- I know everyone in this body, regard- Cowan Levin Udall (CO) ond. Durbin Manchin Udall (NM) less of party, wants to act decisively to Feinstein Menendez Warner The question is on agreeing to the stop violent crime, and it would be a Franken Merkley Warren amendment. shame if this amendment is subject to Gillibrand Mikulski Whitehouse The clerk will call the roll. a partisan vote which would result in Harkin Murphy Wyden The legislative clerk called the roll. inaction rather than our standing to- The PRESIDING OFFICER. Under The result was announced—yeas 54, gether to put law enforcement re- the previous order requiring 60 votes nays 46, as follows: sources toward stopping violent crime. for the adoption of the amendment, [Rollcall Vote No. 97 Leg.] The VICE PRESIDENT. The Sen- this amendment is rejected. YEAS—54 ator’s time has expired. Mr. LEAHY. I move to reconsider the vote and move to lay that motion on Baldwin Harkin Murphy The Senator from Vermont. the table. Bennet Heinrich Murray Mr. LEAHY. Mr. President, the argu- Blumenthal Hirono Nelson The motion to lay on the table was Boxer Johnson (SD) Reed ment we just heard is absolutely up- agreed to. Brown Kaine Rockefeller side-down of what that amendment is. AMENDMENT NO. 713 Cantwell King Sanders This amendment guts the bill, it guts Cardin The PRESIDING OFFICER. Under Kirk Schatz the straw purchasing provisions, it Carper Klobuchar Schumer the previous order, there will now be 2 Casey Landrieu Shaheen guts the gun trafficking provisions. It minutes of debate equally divided prior Collins Lautenberg Stabenow totally undermines law enforcement. to a vote in relation to amendment No. Coons Leahy Tester Law enforcement strongly supports Cowan Levin Toomey 713, offered by the Senator from the next amendment we have—the Donnelly Manchin Udall (CO) Vermont, Mr. LEAHY. Durbin McCain Udall (NM) Leahy-Collins—but all this does, this Mr. LEAHY. Mr. President, Senator Feinstein McCaskill Warner substitute amendment, is aid Mexican Franken Menendez Warren COLLINS and I, as well as other Sen- Gillibrand Merkley Whitehouse drug cartels, eliminates the tools being ators in both parties, worked with law Hagan Mikulski Wyden used to get law enforcement investiga- enforcement, worked with the NRA, NAYS—46 tory leads. It undermines rather than worked with a whole lot of others to strengthens the current background Alexander Enzi Murkowski craft this amendment. It gives law en- Ayotte Fischer Paul check. forcement officials the tools they need Barrasso Flake Portman We talk about do we enforce our to stop the all-too-common practices of Baucus Graham Pryor laws. If you want to gut our laws, straw purchasing and illegal traf- Begich Grassley Reid which this one does, don’t argue they Blunt Hatch Risch ficking of firearms. This gives us the Boozman Heitkamp Roberts are not being enforced. This handcuffs tools to go after drug cartels that use Burr Heller Rubio law enforcement, helps drug cartels, straw purchasers to get their guns and Chambliss Hoeven Scott helps drug syndicates. It is a bad Coats Inhofe gangs in big cities that use straw pur- Sessions Coburn Isakson amendment. chasers to get their guns. Shelby Cochran Johanns The PRESIDING OFFICER (Mr. It is an important law enforcement Thune Corker Johnson (WI) BROWN). The Senator’s time has ex- measure. Across the political spec- Cornyn Lee Vitter Crapo McConnell Wicker pired. trum, law enforcement supports it. Cruz Moran The question is on agreeing to the Let’s stand with law enforcement and The VICE PRESIDENT. Under the amendment. vote aye. The PRESIDING OFFICER. The Sen- previous order requiring 60 votes for Mr. BARRASSO. I ask for the yeas and nays. ator’s time has expired. the adoption of this amendment, the The Senator from Texas is recog- amendment is rejected. The PRESIDING OFFICER. Is there a sufficient second? nized. The majority leader. Mr. CRUZ. Mr. President, I rise to There appears to be a sufficient sec- Mr. REID. Mr. President, I enter a speak against this amendment. It is ond. motion to reconsider the vote by which worthwhile to strengthen the protec- The question is on agreeing to the the Manchin amendment No. 715 was tions against straw purchasing and not agreed to. amendment. trafficking, but unfortunately this lan- The VICE PRESIDENT. The motion The clerk will call the roll. guage, in my judgment, is overbroad is entered. The bill clerk called the roll. and in particular has a real risk of AMENDMENT NO. 725 The result was announced—yeas 52, criminalizing innocent conduct. For There is now 2 minutes of debate nays 48, as follows: example, if your father asks you to equally divided prior to a vote in rela- [Rollcall Vote No. 98 Leg.] purchase a firearm for him and your fa- tion to amendment No. 725, offered by YEAS—52 ther pays you, under this bill both you the Senator from Iowa, Mr. GRASSLEY. Alexander Cruz Landrieu and your father become felons because Who yields time? Ayotte Donnelly McCain it bans any purchase for another per- (Disturbance in Visitor’s Gallery.) Barrasso Enzi McCaskill son if that individual pays for it. In my The VICE PRESIDENT. There will be Baucus Fischer McConnell Begich Flake judgment, that is overbroad, and that order in the Senate. The gallery will Moran Blunt Graham Murkowski is the reason why in the prior amend- refrain from any demonstration or Boozman Grassley Paul ment we changed the language to tar- comment. Burr Hagan Portman get bad actors and to exclude innocent Chambliss Hatch Pryor The Senator from Texas. Coats Heitkamp conduct, to avoid ensnaring those law- Risch Mr. CRUZ. Mr. President, I rise to Coburn Heller abiding citizens with no ill will and in- Roberts Cochran Hoeven speak in favor of the Grassley-Cruz Rubio advertently making law-abiding gun substitute. Collins Inhofe Corker Isakson Scott owners into felons. Now that the previous vote has been Cornyn Johanns Sessions I urge my colleagues to vote no on taken, I would suggest this is a bill we Crapo Johnson (WI) this amendment.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2741 The PRESIDING OFFICER. The Our amendment would allow persons NAYS—43 question is on agreeing to the amend- with concealed handgun permits be al- Baldwin Harkin Murray ment. lowed to carry those weapons as they Bennet Hirono Nelson Mr. CRUZ. I ask for the yeas and travel between jurisdictions and avoid Blumenthal Johnson (SD) Reed Boxer Kaine Reid nays. any sort of prosecution. This does not Brown King Rockefeller The PRESIDING OFFICER. Is there a create a national standard. It does not Cantwell Kirk Sanders sufficient second? apply to jurisdictions that don’t other- Cardin Klobuchar Schatz Carper Lautenberg Schumer There appears to be a sufficient sec- wise recognize the right to the conceal Casey Leahy Shaheen ond. carry law. In effect, it would act like a Coons Levin Stabenow The clerk will call the roll. Cowan McCaskill driver’s license so the gun owner Warren Durbin Menendez The legislative clerk called the roll. doesn’t have to get a separate license Whitehouse The result was announced—yeas 58, Feinstein Merkley in each State they travel through. For Franken Mikulski Wyden nays 42, as follows: those who believe background checks Gillibrand Murphy [Rollcall Vote No. 99 Leg.] are important, this is a background The PRESIDING OFFICER. Under YEAS—58 check on steroids. the previous order requiring 60 votes Baldwin Harkin Murray I ask my colleagues to support the for the adoption of this amendment, Baucus Heinrich Nelson amendment. the amendment is not agreed to. Begich Heitkamp Pryor The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I move to Bennet Hirono Reed Blumenthal Johnson (SD) Reid ator from New York. reconsider the vote. Boxer Kaine Rockefeller Mr. SCHUMER. This amendment Mr. LEAHY. I move to lay that mo- Brown King Sanders would wreak havoc in large portions of tion on the table. Cantwell Kirk Schatz The motion to lay on the table was Cardin Klobuchar America—suburban and urban areas. Schumer Carper Landrieu agreed to. Shaheen The bottom line is very simple: In Wy- Casey Lautenberg oming maybe the conceal carry law Mr. REID. Mr. President, if I could Collins Leahy Stabenow have order, we are going to have three Tester works. Every police officer in America, Coons Levin more votes tonight, and we are going Udall (CO) all of them, will say that the conceal Cowan Manchin to finish a number of things that have Donnelly McCaskill Udall (NM) carry law would be a disaster in Times Warner already been scheduled on this legisla- Durbin Menendez Square, the L.A. Coliseum, or in the Feinstein Merkley Warren tion tomorrow. Senator MCCONNELL Franken Mikulski Whitehouse Dallas, TX, stadium. It would be a dis- and I will meet in the meantime to de- Gillibrand Murkowski Wyden grace. Police officers would not know Hagan Murphy cide our path forward. who is carrying and who is not car- So three more votes tonight and then NAYS—42 rying a weapon. Because there are no we will finish sometime in the morn- Alexander Enzi McConnell residency requirements, criminals from ing. Ayotte Fischer Moran our States could go to States such as AMENDMENT NO. 711 Barrasso Flake Paul Florida, get a conceal carry permit, Blunt Graham Portman The PRESIDING OFFICER. Under Boozman Grassley Risch and criminals and felons could legally the previous order, there is now 2 min- Burr Hatch Roberts conceal and carry weapons in other utes of debate equally divided prior to Chambliss Heller Rubio States. Coats Hoeven Scott a vote in relation to amendment No. Coburn Inhofe Sessions We hear a lot of talk about States 711 offered by the Senator from Cali- Cochran Isakson Shelby rights. This is a classic States rights fornia, Mrs. FEINSTEIN. Corker Johanns Thune vote. Let Wyoming do what it wants to The Senator from California. Cornyn Johnson (WI) Toomey do with conceal carry, but don’t impose Crapo Lee Vitter Mrs. FEINSTEIN. Mr. President, I Cruz McCain Wicker that on New York and vice versa. have watched these votes and I must I strongly, strongly urge that this The PRESIDING OFFICER (Mr. say I view them with substantial dis- amendment—which takes one way of may at the lack of courage in this SCHATZ). Under the previous order re- life in America and imposes it on all Chamber—courage to stand and say: quiring 60 votes for the adoption of this ways of life—be defeated. We have had enough of these killings. amendment, the amendment is re- The PRESIDING OFFICER. The Sen- We have had enough of the develop- jected. ator’s time has expired. ment of highly militarized weapons— Mr. LEAHY. Mr. President, I move to easy to shoot, big clips, 100-plus bullets reconsider the vote. Mr. CORNYN. Mr. President, I ask in each, large velocity guns—falling Mrs. BOXER. I move to lay the mo- for the yeas and nays. into the hands of grievous killers, juve- tion on the table. The PRESIDING OFFICER. Is there a The motion to lay on the table was sufficient second? niles, people who are mentally disturbed. There will be no background agreed to. There is a sufficient second. The question is on agreeing to the checks, apparently, and we have a pro- AMENDMENT NO. 719 Cornyn amendment. liferation of these weapons. The PRESIDING OFFICER. Under The clerk will call the roll. I have a hard time understanding it. the previous order, there will now be 2 The bill clerk called the roll. We are here on 6-year terms for a rea- minutes of debate equally divided prior The result was announced—yeas 57, son: to take votes on difficult issues. to a vote in relation to amendment No. nays 43, as follows: Everything needs 60 votes today. This 719 offered by the Senator from Texas, is supposed to be a majority body. We [Rollcall Vote No. 100 Leg.] Mr. CORNYN. have crafted an assault weapons bill to The Senator from Texas. YEAS—57 truly represent the people of America. Mr. CORNYN. My amendment is Alexander Fischer Moran Every single poll has shown support for called the Constitutional Concealed Ayotte Flake Murkowski Barrasso Graham Paul this. Carry Act because it is designed to pro- Baucus Grassley Portman The PRESIDING OFFICER. The time tect the fundamental Second Amend- Begich Hagan Pryor of the Senator has expired. ment rights of American citizens who Blunt Hatch Risch Mrs. FEINSTEIN. Let me conclude are traveling or temporarily away from Boozman Heinrich Roberts Burr Heitkamp Rubio by saying this: I know how this is home while they hold a concealed Chambliss Heller Scott going to end, and the despair and the handgun license. Coats Hoeven Sessions dismay of families standing out there There is only one State and the Dis- Coburn Inhofe Shelby whose safety we need to protect, and Cochran Isakson Tester trict of Columbia that do not recognize Collins Johanns Thune we don’t do it—I am very chagrined some form of concealed gun carry law. Corker Johnson (WI) Toomey and concerned. If anybody cares, vote In other words, it is part of the public Cornyn Landrieu Udall (CO) at least to prospectively ban the manu- policy of 49 States that concealed Crapo Lee Udall (NM) facture, the sale, the importation of Cruz Manchin Vitter handgun licenses may be obtained by Donnelly McCain Warner military-style assault weapons. Show lawful owners. Enzi McConnell Wicker some guts. Thank you.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2742 CONGRESSIONAL RECORD — SENATE April 17, 2013 The PRESIDING OFFICER. The Sen- quiring 60 votes for the adoption of this Mr. WICKER. I ask for the yeas and ator from Iowa. amendment, the amendment is re- nays. Mr. GRASSLEY. Mr. President, I jected. The PRESIDING OFFICER. Is there a strongly oppose this amendment. This Mr. DURBIN. Madam President, I sufficient second? would result in the largest ban of guns move to reconsider the vote. There is a sufficient second. in the history of our Republic. Mr. CARDIN. I move to lay that mo- The clerk will call the roll. Three studies that the Justice De- tion on the table. The assistant bill clerk called the partment sponsored during the pre- The motion to lay on the table was roll. vious ban found no evidence it was ef- agreed to. The result was announced—yeas 56, fective in reducing multiple victim AMENDMENT NO. 720 nays 44, as follows: shootings or wounds per victim. It did The PRESIDING OFFICER. Under [Rollcall Vote No. 102 Leg.] not stop Columbine. It would not stop the previous order, there is now 2 min- YEAS—56 Newtown. The ban does not apply to utes of debate equally divided prior to Alexander Fischer McConnell existing weapons such as those used at a vote in relation to amendment No. Ayotte Flake Moran Newtown, and criminals who would 720, offered by the Senator from North Barrasso Graham Murkowski Baucus Grassley steal such guns would not care the Carolina, Mr. BURR. Paul Begich Hagan Portman least if they were banned. The Senator from North Carolina. Blunt Hatch Mr. BURR. Madam President, I am Pryor We never received an opinion from Boozman Heitkamp Risch the Justice Department that such a going to be brief because I do want my Burr Heller Roberts Chambliss Hoeven colleagues to listen. This is an impor- Rubio ban would satisfy the Second Amend- Coats Inhofe Sanders ment. I surmise they are not able to tant amendment. Coburn Isakson Scott conclude it is constitutional. A ban on Today, the VA determination is that Cochran Johanns if a veteran cannot handle their own fi- Collins Johnson (WI) Sessions guns based on their looks when more Shelby nances, then their name is referred to Corker King powerful guns are exempt would not Cornyn Kirk Tester satisfy any standard of review. These the FBI and they are put on the NICS Crapo Landrieu Thune guns are commonly used, in the words list. Today, 129,000 veterans are on the Cruz Lee Toomey NICS list. Yes, there is an appellate Donnelly McCain Vitter of the Supreme Court, for self-defense. Enzi McCaskill Wicker They cannot be constitutionally process to get off, but the VA provides banned. no help to the veteran. The cost is all NAYS—44 This is a slippery slope of compro- incurred by the veteran. Only 200 vet- Baldwin Harkin Nelson mising the Second Amendment, and if erans have applied for that reversal in Bennet Heinrich Reed the decision, and only 6 have been Blumenthal Hirono Reid we go down that road, we are going to Boxer Johnson (SD) Rockefeller find it easier to compromise other granted. They should never be put on Brown Kaine Schatz things in the Bill of Rights. it. A determination that they cannot Cantwell Klobuchar Schumer I yield the floor. handle their own finances is not a de- Cardin Lautenberg Shaheen Carper Leahy Stabenow The PRESIDING OFFICER. The termination that they are a threat to Casey Levin Udall (CO) question is on agreeing to the amend- themselves or to the public. Coons Manchin Udall (NM) Cowan Menendez ment. This bill is very simple. It says that Warner Mr. GRASSLEY. I ask for the yeas if the VA makes a determination, there Durbin Merkley Feinstein Mikulski Warren and nays. has to be a judicial decision to put Franken Murphy Whitehouse The PRESIDING OFFICER. Is there a them on NICS lists. That is the stand- Gillibrand Murray Wyden sufficient second? ard everywhere else in the Federal The PRESIDING OFFICER (Mr. DON- There is a sufficient second. Government. NELLY). Under the previous order re- The clerk will call the roll. I urge my colleagues to support this quiring 60 votes for the adoption of this The result was announced—yeas 40, very important piece of legislation. nays 60, as follows: amendment, the amendment is re- The PRESIDING OFFICER. The Sen- jected. [Rollcall Vote No. 101 Leg.] ator from New York. Mr. CARDIN. Mr. President, I move YEAS—40 Mr. SCHUMER. Madam President, to reconsider the vote. Baldwin Harkin Nelson when we began this debate, we talked Mr. LEVIN. I move to lay that mo- Blumenthal Hirono Reed about strengthening the NICS system, tion on the table. Boxer Kaine Reid we talked about how people who have Brown Kirk Rockefeller The motion to lay on the table was Cantwell Klobuchar Sanders mental illness should be added to the agreed to. Cardin Lautenberg list so they might not get guns. And Schatz AMENDMENT NO 714 Carper Leahy . Schumer here, in one amendment, in one fell Mr. BLUMENTHAL. Mr. President, Casey Levin Shaheen Coons McCaskill swoop, we will take 165,000 people off Stabenow on behalf of myself, my friend, and a Cowan Menendez that list. Warren great champion, Senator FRANK LAU- Durbin Merkley Does my colleague, my dear friend Whitehouse TENBERG with us today, and others, in- Feinstein Mikulski from North Carolina, believe every sin- Franken Murphy Wyden cluding my colleague Senator CHRIS- gle one of those people should be al- Gillibrand Murray TOPHER MURPHY, I call up amendment lowed to carry a gun? Of course not. If NAYS—60 No. 714. there are injustices to some of those The PRESIDING OFFICER. The Alexander Fischer McConnell folks, then let’s have a system that Ayotte Flake Moran clerk will report the amendment. Barrasso Graham Murkowski deals with it. But you do not—you do The assistant legislative clerk read Baucus Grassley Paul not—in one fell swoop take 165,000 peo- as follows: Begich Hagan Portman ple, all of whom have some degree of Bennet Hatch Pryor The Senator from Connecticut [Mr. incompetence, off the list. Blunt Heinrich Risch BLUMENTHAL], for himself, Mr. LAUTENBERG, It is unbelievable that at a time Boozman Heitkamp Roberts Mrs. FEINSTEIN, Mr. MURPHY, Mr. WHITE- Burr Heller Rubio when we are supposed to be strength- HOUSE, Mr. Cowan, Ms. HIRONO, Mr. KAINE, Chambliss Hoeven Scott ening the NICS system with people who Coats Inhofe Sessions Mr. ROCKEFELLER, Mr. MERKLEY, Mrs. Coburn Isakson Shelby are adjudicated or judged otherwise BOXER, Mr. CARPER, Ms. WARREN, Mr. LEVIN, Cochran Johanns Tester mentally ill, we are considering to- Mr. DURBIN, Ms. KLOBUCHAR, Mr. MENENDEZ, Collins Johnson (SD) Thune night taking a giant step backward and Mrs. GILLIBRAND, Mr. FRANKEN, Mr. CARDIN, Corker Johnson (WI) Toomey reducing the list. What is America Mr. SCHUMER, and Mr. HARKIN, proposes an Cornyn King Udall (CO) amendment numbered 714. Crapo Landrieu Udall (NM) going to think is going on in this body? Cruz Lee Vitter I strongly urge a ‘‘no’’ vote. Mr. BLUMENTHAL. I ask unanimous Donnelly Manchin Warner I yield the floor. consent that the reading of the amend- Enzi McCain Wicker The PRESIDING OFFICER. The ment be dispensed with. The PRESIDING OFFICER (Ms. question is on agreeing to the amend- The PRESIDING OFFICER. Without HIRONO). Under the previous order re- ment. objection, it is so ordered.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2743 The amendment is as follows: ‘‘(A) employed by a private institution of who are outgunned by criminals who (Purpose: To regulate large capacity higher education that is eligible for funding use these high-capacity magazines. I ammunition feeding devices) under title IV of the Higher Education Act of ask that my colleagues also listen to 1965 (20 U.S.C. 1070 et seq.); At the end, add the following: the families, to Nicole Hockley, whose ‘‘(B) responsible for the prevention or in- TITLE IV—LARGE CAPACITY AMMUNITION vestigation of crime involving injury to person, Dylan Hockley, was killed by a FEEDING DEVICES sons or property, including apprehension or man who used a high-capacity maga- SEC. 401. DEFINITIONS. detention of persons for such crimes; zine. She said of the man who killed Section 921(a) of title 18, United States ‘‘(C) authorized by Federal, State, or local her son, he left the smaller capacity Code, is amended by inserting after para- law to carry a firearm, execute search war- magazines at home. He knew the larger graph (29) the following: rants, and make arrests; and capacity magazines were more lethal. ‘‘(30) The term ‘large capacity ammunition ‘‘(D) recognized, commissioned, or certified feeding device’— I ask my colleagues to listen to Bill by a government entity as a law enforcement Sherlach whose wife Mary Sherlach ‘‘(A) means a magazine, belt, drum, feed officer.’’. strip, or similar device, including any such (b) IDENTIFICATION MARKINGS FOR LARGE was killed on December 14. device joined or coupled with another in any CAPACITY AMMUNITION FEEDING DEVICES.— The PRESIDING OFFICER. The Sen- manner, that has an overall capacity of, or Section 923(i) of title 18, United States Code, ator’s time has expired. that can be readily restored, changed, or is amended by adding at the end the fol- Mr. BLUMENTHAL. I ask my col- converted to accept, more than 10 rounds of lowing: ‘‘A large capacity ammunition feed- leagues to support this amendment. ammunition; and ing device manufactured after the date of en- I yield the floor. ‘‘(B) does not include an attached tubular actment of the Safe Communities, Safe PRESIDING OFFICER. The Senator device designed to accept, and capable of op- Schools Act of 2013 shall be identified by a erating only with, .22 caliber rimfire ammu- serial number and the date on which the de- from Iowa. nition. vice was manufactured or made, legibly and Mr. GRASSLEY. Mr. President, I op- ‘‘(31) The term ‘qualified law enforcement conspicuously engraved or cast on the de- pose the amendment. In 2004, we had a officer’ has the meaning given the term in vice, and such other identification as the At- study by the Department of Justice, section 926B.’’. torney General shall by regulations pre- which is the last time we had the large- SEC. 402. RESTRICTIONS ON LARGE CAPACITY scribe.’’. capacity magazine banned. It found no AMMUNITION FEEDING DEVICES. (c) SEIZURE AND FORFEITURE OF LARGE CA- evidence banning such magazines has (a) IN GENERAL.—Section 922 of title 18, PACITY AMMUNITION FEEDING DEVICES.—Sec- United States Code, as amended by this Act, tion 924(d) of title 18, United States Code, is led to a reduction in gun violence. The is amended by inserting after subsection (u) amended— study also concluded it is not clear how the following: (1) in paragraph (1)— often the outcomes of the gun attack ‘‘(v)(1) It shall be unlawful for a person to (A) by inserting ‘‘or large capacity ammu- depend on the ability of offenders to import, sell, manufacture, transfer, or pos- nition feeding device’’ after ‘‘firearm or am- fire more than 10 shots without reload- sess, in or affecting interstate or foreign munition’’ each place the term appears; ing. commerce, a large capacity ammunition (B) by inserting ‘‘or large capacity ammu- feeding device. The report found no evidence more nition feeding device’’ after ‘‘firearms or am- people would be alive if a magazine ‘‘(2) Paragraph (1) shall not apply to the munition’’ each place the term appears; and possession of any large capacity ammunition (C) by striking ‘‘or (k)’’ and inserting ‘‘(k), over 10 rounds was banned. feeding device otherwise lawfully possessed or (v)’’; Secondly, there is no evidence ban- on or before the date of enactment of the (2) in paragraph (2)(C), by inserting ‘‘or ning these magazines has reduced the Safe Communities, Safe Schools Act of 2013. large capacity ammunition feeding devices’’ deaths from gun crimes. In fact, when ‘‘(3) Paragraph (1) shall not apply to— after ‘‘firearms or quantities of ammuni- ‘‘(A) the importation for, manufacture for, the previous ban was in effect, a higher tion’’; and sale to, transfer to, or possession by the percentage of gun crime victims were (3) in paragraph (3)(E), by inserting United States or a department or agency of killed or wounded than before it was ‘‘922(v),’’ after ‘‘922(n),’’. the United States or a State or a depart- adopted. ment, agency, or political subdivision of a SEC. 403. PENALTIES. Additionally, tens of millions of Section 924(a)(1)(B) of title 18, United State, or a sale or transfer to or possession States Code, as amended by this Act, is these magazines have been lawfully by a qualified law enforcement officer em- amended by inserting ‘‘(v),’’ after ‘‘(q),’’. owned in this country for decades. ployed by the United States or a department They are in common use, not unusually or agency of the United States or a State or SEC. 404. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY dangerous, and used by law-abiding a department, agency, or political subdivi- AMMUNITION FEEDING DEVICES. sion of a State for purposes of law enforce- citizens in self-defense, as in the case Section 501(a)(1) of the Omnibus Crime of law enforcement. ment (whether on or off duty), or a sale or Control and Safe Streets Act of 1968 (42 transfer to or possession by a campus law en- U.S.C. 3751(a)(1)), as amended by this Act, is The PRESIDING OFFICER. The time forcement officer for purposes of law enforce- amended by adding at the end the following: of the Senator has expired. ment (whether on or off duty); ‘‘(I) Compensation for surrendered large Mr. GRASSLEY. I urge its defeat. ‘‘(B) the importation for, or sale or trans- capacity ammunition feeding devices, as Mr. CARDIN. I ask for the yeas and fer to a licensee under title I of the Atomic that term is defined in section 921 of title 18, nays. Energy Act of 1954 for purposes of estab- United States Code, under buy-back pro- lishing and maintaining an on-site physical The PRESIDING OFFICER. Is there a grams for large capacity ammunition feeding sufficient second? protection system and security organization devices.’’. required by Federal law, or possession by an There appears to be a sufficient sec- SEC. 405. SEVERABILITY. ond. employee or contractor of such licensee on- If any provision of this title, an amend- site for such purposes or off-site for purposes ment made by this title, or the application The question is on agreeing to the of licensee-authorized training or transpor- of such provision or amendment to any per- amendment. tation of nuclear materials; son or circumstance is held to be unconstitu- The clerk will call the roll. ‘‘(C) the possession, by an individual who is tional, the remainder of this title, the The assistant legislative clerk called retired in good standing from service with a amendments made by this title, and the ap- the roll. law enforcement agency and is not otherwise plication of such provision or amendment to prohibited from receiving ammunition, of a The result was announced—yeas 46, any person or circumstance shall not be af- nays 54, as follows: large capacity ammunition feeding device— fected thereby. ‘‘(i) sold or transferred to the individual by [Rollcall Vote No. 103 Leg.] The PRESIDING OFFICER. Under the agency upon such retirement; or YEAS—46 ‘‘(ii) that the individual purchased, or oth- the previous order, there is 2 minutes erwise obtained, for official use before such of debate equally divided. Baldwin Feinstein Leahy Bennet Franken Levin retirement; or Mr. BLUMENTHAL. This amend- Blumenthal Gillibrand McCaskill ‘‘(D) the importation, sale, manufacture, ment, very simply, would ban high-ca- Boxer Harkin Menendez transfer, or possession of any large capacity pacity magazines of more than 10 Brown Heinrich Merkley ammunition feeding device by a licensed rounds which are used to kill more peo- Cantwell Hirono Mikulski Cardin Johnson (SD) Murphy manufacturer or licensed importer for the ple more quickly and, in fact, have purposes of testing or experimentation au- Carper Kaine Murray thorized by the Attorney General. been used in more than half the mass Casey King Nelson shootings since 1982. Coons Kirk Reed ‘‘(4) For purposes of paragraph (3)(A), the Cowan Klobuchar Reid term ‘campus law enforcement officer’ I ask my colleagues to listen to law Durbin Lautenberg Rockefeller means an individual who is— enforcement, their police, prosecutors

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2744 CONGRESSIONAL RECORD — SENATE April 17, 2013 Sanders Stabenow Whitehouse students and undocumented workers in with people who have good spiritual Schatz Udall (CO) Wyden Schumer Udall (NM) the agricultural sector. It attempts to values, good family values, and good Shaheen Warren move our system to a merit-based and work ethics wanting to improve them- point system. It revises asylum proce- selves. That is what America is all NAYS—54 dures and the court structure gov- about. But entering the country ille- Alexander Enzi McConnell Ayotte Fischer Moran erning immigration appeals. It in- gally is not something a country based Barrasso Flake Murkowski cludes reforms to the highly skilled upon the rule of law can tolerate. Baucus Graham Paul visa program and seasonal worker Anyway, we made it illegal in 1986, Begich Grassley Portman guest worker program. It changes the and then added that fine. We didn’t an- Blunt Hagan Pryor Boozman Hatch Risch way we implement the visa waiver pro- ticipate a whole industry of fraudulent Burr Heitkamp Roberts gram, and it includes a brandnew, low- documents, so that if someone goes to Chambliss Heller Rubio skilled temporary worker program that an employer and says they are here Coats Hoeven Scott lawfully and shows them a passport Coburn Inhofe Sessions allows willing workers to enter the Cochran Isakson Shelby country without being sponsored by an that looks like it is the real thing, the Collins Johanns Tester employer. employer cannot then be fined $10,000 Corker Johnson (WI) Thune So you can see there is a lot covered for hiring them. So we thought we took Cornyn Landrieu Toomey Crapo Lee Vitter in this bill. There are some new conaway that magnet at the time and that Cruz Manchin Warner cepts. Yet the majority seems to want we might as well legalize the 3 million Donnelly McCain Wicker us to push this bill through the com- people who were here. We did that The PRESIDING OFFICER (Mr. mittee process and are intent on get- based on the proposition we were fixing HEINRICH). Under the previous order re- ting it to the floor by June. The spon- this thing once and for all. But we quiring 60 votes for the adoption of this sor of the bill, the senior Senator from know what happens when we make it amendment, the amendment is re- New York, said he hopes the bill will be legitimate to violate the rule of law. jected. done in 8 weeks. Instead of 3 million people, there are The majority leader. On Friday, Secretary Napolitano is now 12 million people here in the coun- Mr. REID. Mr. President, I ask unan- scheduled to appear before the Judici- try undocumented. imous consent that following leader re- ary Committee. It is my intent to dig So when I read the preamble of the marks tomorrow, Thursday, April 18, into the details of the bill with her to document put out by the Group of 8— the Senate resume consideration of S. understand the mechanics and how the and I am not finding fault with this— 649; that the time until noon be equally bureaucracy will handle these changes. they make it very clear: We intend to— divided and controlled between the two The Secretary had better have answers, and I am paraphrasing it—fix this sys- leaders or their designees for debate on especially since this may be the only tem once and for all so it never has to the Barrasso and Harkin amendments; time we hear about how the adminis- be revisited. that at noon the Senate proceed to tration will implement the major over- That is exactly what we thought in votes in relation to the Barrasso and haul. 1986. Well, we were wrong. So that is Harkin amendments, in that order, The committee will then have a hear- why I come to the floor tonight to with all other provisions of the pre- ing on Monday to discuss the bill. How- plead, as I did, about a 900-page bill vious order remaining in effect. ever, the topics will be broad and all that just came out at 2:24 this morning, The PRESIDING OFFICER. Is there encompassing, I have been told. We and presumably the Secretary of objection? have experts who need to be heard on Homeland Security is coming before Without objection, it is so ordered. this bill. Most importantly, because our committee in less than 48 hours to cost is a big factor around here, we answer our questions. I wonder if she f need to hear from the Congressional can fully understand it so she can an- MORNING BUSINESS Budget Office. Knowing how much this swer our questions. bill costs taxpayers and whether it will I think it is a legitimate question Mr. REID. I ask unanimous consent actually be budget neutral is a criti- when the Group of 8 comes up with a the Senate proceed to a period of morn- cally important matter. proposition that we are going to fix ing business until 7:30 p.m. tonight Let me reiterate my desire to work this thing once and for all. Well, I hope with Senators permitted to speak for on this bill. I think we need changes to they have a pattern to do that, and I up to 10 minutes each. our immigration system and to ap- hope they don’t make the same mis- The PRESIDING OFFICER. Without prove legal avenues for people to enter take we did. But rushing this along has objection, it is so ordered. and remain in the United States, but a tendency to be an environment for a The Senator from Iowa. this is not something to be rushed. We screw-up like we had in 1986. We spent f have to get this right; otherwise, the weeks and weeks on legislation to get goal of the bipartisan group to solve IMMIGRATION REFORM it right, and we didn’t get it right. the problem once and for all will not I yield the floor. Mr. GRASSLEY. Mr. President, at end. We have a long road ahead of us in f 2:24 a.m. this morning, the Group of 8 order to pass this legislation to reform finally unveiled their immigration re- our immigration system. We cannot REMEMBERING ANTHONY LEWIS form bill. Since they began their meet- tolerate anything less than a trans- Mr. LEAHY. Mr. President, Today I ings about 4 months ago, I have com- parent and deliberative process to im- would like to pay tribute to Anthony plimented them on their commitment prove the bill. Lewis who passed away on March 25. As to reforming our broken immigration So let me get back to the point I a reporter covering the Supreme Court system. I have sought their coopera- made just a few seconds ago. This is and through his books, including ‘‘Gid- tion to ensure the bill goes through the something that cannot be rushed. We eon’s Trumpet,’’ Mr. Lewis shaped the committee process, and I have argued have to get it right. Let me say why I way millions of Americans understand the bill must be open to amendment emphasize that. the role of the judiciary in safe- during consideration in committee and There are only a few of us in the Sen- guarding our democracy. He was truly on the Senate floor. Every Member of ate who voted on the 1986 immigration an iconic figure in American jour- the Senate must have an opportunity bill. We thought we did it right. We nalism and he will be greatly missed. to read, analyze, and improve the bill. thought by making it illegal, for the Reading Anthony Lewis changed the The bill we received is just under 900 first time, for employers to hire un- way so many of us thought about jus- pages, and it tackles some very impor- documented workers—and have a tice in this country. He brought legal tant issues, including measures on bor- $10,000 fine if they did—would take decisions to life and made clear the im- der security, E-Verify and the entry- away the magnet that would bring peo- pact the law has on our lives. He made exit system. It includes the legaliza- ple across the border so readily. Obvi- us aware of the humanity behind the tion program for people here unlaw- ously, they come for a better life for technical legal arguments. Nowhere fully, including DREAM Act eligible themselves, and who can find fault did he do this better than in ‘‘Gideon’s

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2745 Trumpet,’’ his 1964 book about the Su- day, we’re stretched thin. . . . Seques- ‘‘Investigations have to be conducted,’’ Mr. preme Court decision in Gideon v. tration takes us well beyond the break- Patton added. ‘‘Evidence must be reviewed. Wainwright. That landmark case af- ing point. You simply can’t sequester Law must be researched. Those things don’t just happen by themselves.’’ firmed a fundamental principle of our the Sixth Amendment.’’ He is right. In seeking the delay, lawyers for Mr. Abu democratic society: that no person, re- I am hardly alone in my concern over Ghaith, who was arraigned in March, cited gardless of economic status, should this fundamental American right. Last the need for overseas investigation, the face prosecution without the assistance month, four leading advocates for fair- translation of voluminous materials and of a lawyer. ness in the criminal justice system, in- other issues. ‘‘We would urge the court to I have spoken countless times over cluding former Vice President Walter find a later date,’’ one lawyer, Martin Cohen, Mondale, sent a letter to President said. the years about the importance of that Judge Preska said that lawyers had been decision. And each time, whether it Obama urging him to create a bipar- allowed to leave one of the cases in which was here on the floor of the Senate, in tisan commission on the fair adminis- the furlough problem had been cited; the the Judiciary Committee questioning tration of justice for the indigent ac- issue is pending in the others. nominees to the Supreme Court, or in cused. I applaud their efforts and I be- Newly appointed lawyers would have to conversations with young law students, lieve Anthony Lewis would have too. ‘‘get up to speed’’ on their cases, and because they are paid by the hour (federal defenders I have thought about ‘‘Gideon’s Trum- Through his reporting on the Su- preme Court and our Nation’s civil are salaried), the public would probably end pet’’ and the powerful impact that up paying more, Judge Preska said. ‘‘There’s book had on me. rights challenges, Anthony Lewis no resolution,’’ she said. ‘‘Time is of the es- In fact, on the 50th anniversary of opened the eyes of millions of Ameri- sence, and we’re very, very concerned.’’ the Gideon decision, which was just cans to the power of law and judges to f days before Mr. Lewis’s death, I intro- change lives. He helped shape my duced the Gideon’s Promise Act, a bill thinking as a young lawyer, and I hope NATIONAL COALITION FOR THE intended to breathe new life into that his work will continue to be an inspira- HOMELESS 30TH ANNIVERSARY seminal case and ensure the fairness of tion for the generations to come. Our Mr. CARDIN. Mr. President, I would our criminal justice system for all par- democracy will be stronger for it. like to recognize the National Coali- ticipants. Much of what I said about I ask that a copy of an article dated tion for the Homeless, an outstanding the anniversary of Gideon, and the April 8 be printed in the RECORD at the organization of activists, advocates, work that remains, finds its roots in conclusion of my statement. and community and faith-based service my days as a young attorney when I There being no objection, the mate- providers working to end homelessness read ‘‘Gideon’s Trumpet’’ and was rial was ordered to be printed in the in America. This year, the coalition moved both by the unfairness it re- RECORD, as follows: celebrates its 30th anniversary, mark- vealed of a system that allowed poor [From the New York Times, Apr. 8, 2013] ing three decades of triumphs and chal- people to be jailed without a lawyer, CITING CUTS, LAWYERS SEEK RELIEF IN lenges in defense of our Nation’s most and the powerful equalizing impact a TERRORISM CASE vulnerable individuals and families. During the 1970s and 1980s, homeless- courageous Supreme Court can have (By Benjamin Weiser) ness was thrust into the national spot- when it is willing to stand up for those Federal public defenders who are rep- light as a growing problem. Structural who are marginalized. resenting a son-in-law of Osama bin Laden When I was a young law student, my on terrorism charges urged a judge on Mon- changes in the economy, exacerbated day not to hold an early trial because auto- by some tough economic downturns, wife and I had an opportunity to have matic government budget cuts were requir- thrust thousands of men, women, and lunch with Justice Hugo Black shortly ing furloughs of lawyers in their office. children onto the streets, living with- after he wrote the majority decision in The request, which seemed to take the out shelter. Out of concern for the that case. It was a powerful experience. judge, Lewis A. Kaplan, by surprise, follows rights of this vulnerable population, a He recognized that the Sixth Amend- requests that five or six federal judges in Manhattan have received from public defend- group of State and local homeless coa- ment’s guarantee to counsel in a crimi- litions gathered together and estab- nal case was fundamental to a fair ers to be relieved from cases in the wake of the automatic cuts, known as sequestration, lished the National Coalition for the trial. He called it an obvious truth. said Loretta A. Preska, the chief judge of the Homeless in 1982. In these last 30 years, And I know from my days as a pros- Federal District Court in Manhattan. the National Coalition for the Home- ecutor how right he was. ‘‘It’s devastating,’’ Judge Preska said late less has been at the forefront of the Now, as we pause to remember An- Monday. She praised the work of the federal fight against homelessness. The coali- thony Lewis and his contributions to defenders and said their replacement in cases tion’s advocacy and passion have with publicly paid court-appointed lawyers our understanding of the right to coun- helped define housing policy for the sel and so many other fundamental would probably lead to delays and higher costs. disenfranchised in America. principles of American democracy, it is Judge Kaplan said in court on Monday that Through creative initiatives and out- also fitting that we acknowledge that he was considering holding the trial of bin spoken advocacy, the coalition played the promise made in Gideon remains Laden’s son-in-law, Sulaiman Abu Ghaith—a an instrumental role in passage of the unfulfilled. In too many courtrooms it onetime Al Qaeda spokesman charged with McKinney-Vento Homeless Assistance is better to be rich and guilty than conspiring to kill Americans—in September. Act, the first comprehensive legisla- poor and innocent. The rich will have After the defense requested a later date, he tion to address the issue of homeless- said: ‘‘It’s extremely troublesome to con- competent counsel, but those who have ness in our country. Most recently, the little often find their lives placed in template the possibility of a case of this nature being delayed because of sequestration. coalition has spearheaded advocacy for the hands of woefully overburdened Let me say only that—stunning.’’ the Hate Crimes Against the Homeless public defenders or underpaid court-ap- The judge did not set a trial date, saying Statistics Act, a bill that would in- pointed lawyers who are inexperienced, he would consider the request, but the exclude crimes against the homeless in overworked, inept, uninterested, or change shows how the forced budget cuts are the crime data the Department of Jus- worse. beginning to have an effect on the adminis- tice collects. I was a member of the And now our Federal public defender tration of justice in federal courts in New Senate Judiciary Committee during system, long held out as the gold York. About 30 trial lawyers with the federal de- the 111th Congress and I was a proud standard of indigent defense, is being fenders office handle around 2,000 criminal sponsor of this bill. Homeless people hobbled by sequestration. In New York, cases a year in federal courts in Manhattan, are particularly vulnerable targets for the Federal Defenders Office is being Brooklyn and other locations, according to acts of humiliation and violence. I be- forced to furlough each of its 30 law- David E. Patton, who heads the office. lieve more needs to be done to protect yers for 51⁄2 weeks by the end of Sep- The forced cuts, he said, will mean each those who can’t protect themselves. I tember, resulting in delays in even the lawyer in the office will be furloughed for am proud to report Maryland was a most significant terrorism cases. Chief five and a half weeks through the end of Sep- pioneer in extending hate crime protec- tember, when the fiscal year ends. Judge Loretta Preska of the Southern ‘‘On a good day, we’re stretched thin,’’ Mr. tions to homeless people. District of New York called these cuts Patton said. ‘‘Sequestration takes us well I have been concerned about home- ‘‘devastating.’’ The head of the Federal beyond the breaking point. You simply can’t lessness for a long time. I believe hav- Defenders Office stated: ‘‘On a good sequester the Sixth Amendment.’’ ing adequate shelter is a human right.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2746 CONGRESSIONAL RECORD — SENATE April 17, 2013 A home provides safety from the ele- records she preserved through the Wyo- readings at schools and public librar- ments and random acts of violence. It ming Veterans Memorial Museum. ies. Recognized endearingly by children is a place where possessions and items Many of the men in Joye’s photographs as ‘‘the lady who pushes books,’’ she as fundamental as medications can be did not return from war. Joye’s passion was awarded an honorary doctorate of kept safely. Yet, homelessness persists for preserving this unique part of Wyo- human letters by the University of as one of our Nation’s most pressing ming’s history has ensured that stories Alaska Southeast in recognition of her social problems and has grown more of the servicemembers stationed in contributions to children’s literacy and challenging in the wake of the housing Casper will not fade away with time. literature. market collapse and the return of vet- In 2006, Kading was awarded the Jean was a busy author and mother, erans from the wars in Iraq and Af- Daughters of the American Revolution but she always found time to con- ghanistan. As we continue to recover National History Award for her dedica- tribute to her State and her commu- from the economic downturn, it is im- tion and commitment to honoring vet- nity. She served on boards for the Alas- perative that the Nation not lose erans and preserving their history. ka Public Offices Commission, the ground in the struggle against home- Throughout her life, Joye Kading has Alaska Public Broadcasting Commis- lessness, especially among Americans embodied the spirit of service to coun- sion, and Juneau’s Capital City Broad- who have lost jobs through no fault of try and responsibility of community. casting, Inc.—the KTOO family of pub- their own, those homeowners and fami- The newly dedicated gallery will serve lic stations. lies who are struggling due to the on- as a permanent memorial for Joye’s Jean was an avid supporter of local going foreclosure crisis, and our vet- important contribution to preserving performing arts groups. She loved to erans. Wyoming’s rich military history. She sing and added her voice to the St. I applaud the courage of the members is a true American patriot and a cor- Paul Singers and the Juneau Lyric and volunteers of the National Coali- nerstone of Wyoming’s unique herit- Opera. Rarely did she miss a perform- tion for the Homeless. Their selfless age. I am honored to call Joye Kading ance of the Juneau Symphony, Perse- striving to end homelessness in Amer- my neighbor, a former patient, and my verance Theater or Opera to Go. In ica has changed the lives of thousands friend. oversized glasses and colorful attire, and thousands of our fellow Americans, f she stood out in the crowd. even when so many others have averted ADDITIONAL STATEMENTS Most recently, Jean Rogers became a their gaze. I hope my colleagues will visual artist. At age 87, her intricate join me in congratulating the National collages of cut paper were exhibited at Coalition for the Homeless on 30 years REMEMBERING JEAN CLARK the Canvas studio in Juneau, where of service to our communities and in ROGERS note cards featuring her designs en- rededicating ourselves to work with ∑ Mr. BEGICH. Mr. President, today I joyed brisk sales. the coalition on ending the tragedy and wish to honor and remember Mrs. Jean Despite physical frailties near life’s scourge of homelessness in the richest Clark Rogers. Mrs. Rogers died on Feb- end, Jean found joy outside her chal- nation on Earth. ruary 20 at the age of 93 in the home lenges. She would comment on the f designed by her beloved late husband beauty of the day or how much she enjoyed a game of cribbage or dominoes. TRIBUTE TO JOYE KADING George. Her daughter, Sidney, was by her side. While we mourn the loss of Jean’s Mr. BARRASSO. Mr. President, I Jean became an Alaska treasure who presence, all things shared by this re- would like to take a moment to tell my enriched the territory and State for markable woman live on.∑ colleagues about a remarkable lady, over 65 years. Mother to six adopted f Joye Kading. Joye is being honored children, she was also a celebrated this week with the dedication of the TRIBUTE TO CHIEF JUDGE children’s book author, an educator, a ROBERT BELL Joye Kading Gallery at the Wyoming volunteer, and a passionate friend of Veterans Memorial Museum. the arts. ∑ Ms. MIKULSKI. Mr. President, today Joye Kading is the founder of the With savings from her first job as a I rise to honor the career of an out- Wyoming Veterans Memorial Museum. fifth-grade teacher, Jean Clark en- standing individual, Chief Judge Rob- Located at the former Casper Army Air rolled at the University of California at ert Bell. Judge Bell is a trailblazer, a Base, a training facility for bomber pi- Berkeley. There she met and married stellar legal mind, and a mentor to so lots from 1942–1945, the museum is the love of her life, George Rogers. In many. We are truly blessed to have had housed in the original tar paper build- 1945, after completing their degrees, him at the helm of our State judiciary ing that served as the enlisted men’s they set sail for Juneau where George here in Maryland for 17 years. We club. had a job with the U.S. Office of Price honor him today for his unwavering Joye saw the Casper Army Air Base Administration. commitment to justice and for his through its entire lifetime. She was From the time she arrived in Juneau, service to the people of Maryland. there when the area was nothing but Jean Clark Rogers made an impact. An I often speak on the importance of open Wyoming prairie, and watched it avid reader, she was also a talented our judges understanding and being develop into an operational air base. writer who authored children’s books connected to the public they serve and She saw it through its heyday, and she that appealed to both children and the communities in which they serve. was there when the base shut down at adults. Her best known work is ‘‘A Judge Bell reached the highest levels the end of World War II. In March 1942, King Island Christmas,’’ on which she of the judiciary, yet he never forgot when Lt. Col. Carl T. Nordstrom came collaborated with a close friend and where he came from. He was raised in to visit Casper to see if it was a viable well-known Alaskan artist, Rie Mun´ oz. Baltimore and attended Dunbar High spot for an air base, he hired Joye to The inspirational book describes an ex- School, where he served as student serve as his secretary. Her tenacity, in- traordinary effort by a small and iso- body president and ran on a ticket with genuity, and initiative was so highly lated island community to celebrate Reginald Lewis. He attended college at regarded that she continued to serve as Christmas in the midst of a winter Morgan State University and then a secretary for many of the Casper storm. Adapted into a libretto for an went on to Harvard Law. Army Air Base’s top officials. Around oratorio by playwright Deborah Judge Bell has left an enduring leg- the air base and in the community, she Brevoort, the work premiered at Ju- acy that has been shaped by his life was a confidant, a big sister, and al- neau’s Perseverance Theater in 1997 events. When he was 16 years old, he ways willing to give a word of advice or and is still performed throughout the was arrested at Hooper’s Restaurant in just take the time to listen. United States. This August it will be Baltimore because he refused to give During her work with the officers presented by a Juneau cast at the up his seat. Judge Bell became the and personnel at the base, Joye col- Fringe Festival in Edinburgh, Scot- plaintiff in a landmark civil rights case lected photographs, letters, programs land. that helped lead to the end of segrega- and other memorabilia. Her collection Literature was so important to Jean tion in public accommodations in became a central part of the historical that she regularly provided animated Maryland.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2747 Judge Bell learned firsthand the at the University of California—Berke- MEASURES PLACED ON THE power of our judicial system to achieve ley. CALENDAR justice and has committed his career to When he was hired as the Curator of The following bill was read the sec- the improvement of the justice system. the Plains Indian Museum at the Buf- ond time, and placed on the calendar: Judge Bell has served on Maryland’s falo Bill Historical Center in Cody, WY S. 743. A bill to restore States’ sovereign bench for over 37 years and has served in 1979, George became one of the first rights to enforce State and local sales and at each level of our State’s judicial sys- Native American curators in the use tax laws, and for other purposes. tem—the only judge to have done so for United States. During his time as cura- f 4 years at each level. Judge Bell start- tor, he worked closely with a number EXECUTIVE AND OTHER ed his legal career in 1975 as a judge of of Northern Plains Indian tribes to en- COMMUNICATIONS the district court for Baltimore City. sure they played a role in the museum In 1980 he moved on to the circuit court exhibitions. The following communications were and was appointed to the court of spe- George spent a decade in our Nation’s laid before the Senate, together with cial appeals in 1984. In 1991 he was ap- Capital, serving in various capacities accompanying papers, reports, and doc- pointed to the court of appeals, and in at the National Museum of the Amer- uments, and were referred as indicated: 1996 he was designated by then-Gov- ican Indian at the Smithsonian Institu- EC–1154. A communication from the Acting ernor Glendening as chief judge of the tion. He played a key role in the devel- Administrator of the General Services Ad- court—the first African American to opment and construction of the new ministration, transmitting, pursuant to law, a report relative to the General Services Ad- hold the position. museum facility that opened in 2004. ministration’s Capital Investment and Leas- As chief judge, Judge Bell has been During his time at the National Mu- ing Program for fiscal year 2014; to the Com- committed to the education and con- seum of the American Indian, George mittee on Environment and Public Works. tinued development of our State’s led the charge to return many sacred EC–1155. A communication from the Chief bench and bar. He has made it his pri- objects to the appropriate tribes. The of the Publications and Regulations Branch, ority to make sure that Maryland’s repatriation of those objects was part Internal Revenue Service, Department of the legal professionals are prepared to Treasury, transmitting, pursuant to law, the of George’s lifelong mission to em- report of a rule entitled ‘‘Biodiesel and Al- tackle an ever-evolving criminal jus- power Indian people. ternative Fuels; Claims for 2012; Excise Tax’’ tice system and are suited to better George’s life and his commitment to (Notice 2013–26) received in the Office of the serve the public. Having personally his people and his community is a re- President of the Senate on April 10, 2013; to worked with him for years on the Ad- minder of the power of each individual the Committee on Finance. vanced Science and Technology Adju- to make a difference. EC–1156. A communication from the Chief dication Resource, ASTAR, Program a Our thoughts and prayers are with of the Publications and Regulations Branch, Internal Revenue Service, Department of the program established by the Maryland George’s widow, Kay Karol, and all of Treasury, transmitting, pursuant to law, the judiciary under Judge Bell’s leadership his family and many friends.∑ report of a rule entitled ‘‘Update of Weighted to help adequately prepare judges pre- f Average Interest Rates, Yield Curves, and siding over cases involving advanced Segment Rates’’ (Notice 2013–28) received in science and medical issues I can per- MESSAGE FROM THE HOUSE the Office of the President of the Senate on sonally attest to his commitment in At 11:43 a.m., a message from the April 10, 2013; to the Committee on Finance. ensuring the continued education and EC–1157. A communication from the Chief House of Representatives, delivered by of the Publications and Regulations Branch, proper training of Maryland’s judges. Mr. Novotny, one of its reading clerks, Internal Revenue Service, Department of the This is just one example of many like announced that the House has passed Treasury, transmitting, pursuant to law, the it that illustrate Judge Bell’s commit- the following bills, in which it requests report of a rule entitled ‘‘Appeals Settle- ment to the improvement from the the concurrence of the Senate: ment Guidelines—New York State QEZE Maryland judicial system. From spear- H.R. 756. An act to advance cyberse- Real Property Tax’’ received in the Office of heading initiatives to increase pro the President of the Senate on April 11, 2013; curity research, development, and to the Committee on Finance. bono work in the State to imple- technical standards, and for other pur- EC–1158. A communication from the Chief menting programs to help aid strug- poses. of the Publications and Regulations Branch, gling homeowners, Judge Bell has truly H.R. 967. An act to amend the High- Internal Revenue Service, Department of the been an indispensable leader in not Performance Computing Act of 1991 to Treasury, transmitting, pursuant to law, the only the legal community but also in authorize activities for support of net- report of a rule entitled ‘‘Section 911(d)(4)— the entire State of Maryland. working and information technology 2012 Update’’ (RP–135515–12) received in the Judge Bell’s life and resume are a Office of the President of the Senate on April research, and for other purposes. 11, 2013; to the Committee on Finance. display of civic engagement, and his H.R. 1163. An act to amend chapter 35 EC–1159. A communication from the Chief experience and service are unparalleled of title 44, United States Code, to re- of the Publications and Regulations Branch, in the legal community and beyond. I vise requirements relating to Federal Internal Revenue Service, Department of the am honored to recognize the extraor- information security, and for other Treasury, transmitting, pursuant to law, the dinary life and remarkable achieve- purposes. report of a rule entitled ‘‘Fringe Benefits ments of Judge Bell today.∑ Aircraft Valuation Formula’’ (Notice 2013–8) f received in the Office of the President of the f Senate on April 10, 2013; to the Committee on MEASURES REFERRED REMEMBERING GEORGE PAUL Finance. HORSE CAPTURE SR. The following bills were read the first EC–1160. A communication from the Acting and the second times by unanimous Assistant Secretary, Legislative Affairs, De- ∑ Mr. TESTER. Mr. President, today I consent, and referred as indicated: partment of State, transmitting, pursuant to wish to honor the life and legacy of law, a report relative to section 36(c) of the George Paul Horse Capture Sr., who H.R. 756. An act to advance cybersecurity Arms Export Control Act (DDTC 13–051); to passed away yesterday in Great Falls, research, development, and technical stand- the Committee on Foreign Relations. ards, and for other purposes; to the Com- EC–1161. A communication from the Acting MT. mittee on Commerce, Science, and Transpor- George was a member of the Assistant Secretary, Legislative Affairs, De- tation. partment of State, transmitting, pursuant to A’aninin—Gros Ventre—tribe. He was H.R. 967. An act to amend the High-Per- law, a report relative to section 36(c) of the born in 1937 in the Little Chicago formance Computing Act of 1991 to authorize Arms Export Control Act (DDTC 13–050); to neighborhood on the Fort Belknap In- activities for support of networking and in- the Committee on Foreign Relations. dian Reservation. formation technology research, and for other EC–1162. A communication from the Acting George had a remarkable life filled purposes; to the Committee on Commerce, Assistant Secretary, Legislative Affairs, De- with service to his people and to our Science, and Transportation. partment of State, transmitting, pursuant to H.R. 1163. An act to amend chapter 35 of law, a report relative to section 36(c) of the country. title 44, United States Code, to revise re- Early in life, he served in the U.S. Arms Export Control Act (DDTC 13–046); to quirements relating to Federal information the Committee on Foreign Relations. Navy, became the only minority person security, and for other purposes; to the Com- EC–1163. A communication from the Acting serving as a California State Steel in- mittee on Homeland Security and Govern- Assistant Secretary, Legislative Affairs, De- spector at the time and was educated mental Affairs. partment of State, transmitting, pursuant to

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2748 CONGRESSIONAL RECORD — SENATE April 17, 2013 law, a report relative to section 36(c) of the EXECUTIVE REPORTS OF Ziccardi, which nominations were received Arms Export Control Act (DDTC 13–023); to COMMITTEES by the Senate and appeared in the Congres- the Committee on Foreign Relations. sional Record on April 11, 2013. EC–1164. A communication from the Acting The following executive reports of Air Force nominations beginning with Assistant Secretary, Legislative Affairs, De- nominations were submitted: John T. Grivakis and ending with Sarah K. partment of State, transmitting, pursuant to By Mr. LEVIN for the Committee on Tobin, which nominations were received by law, a report relative to section 36(c) of the Armed Services. the Senate and appeared in the Congres- Arms Export Control Act (DDTC 13–037); to Navy nomination of Capt. Adrian J. Jan- sional Record on April 11, 2013. the Committee on Foreign Relations. sen, to be Rear Admiral (lower half). Air Force nominations beginning with EC–1165. A communication from the Acting Air Force nomination of Lt. Gen. John W. Danny L. Blake and ending with Andrea C. Assistant Secretary, Legislative Affairs, De- Hesterman III, to be Lieutenant General. Vinyard, which nominations were received partment of State, transmitting, pursuant to Air Force nomination of Col. Richard M. by the Senate and appeared in the Congres- law, a report relative to section 36(c) of the Murphy, to be Brigadier General. sional Record on April 11, 2013. Arms Export Control Act (DDTC 13–055); to Air Force nomination of Colonel Dorothy Air Force nominations beginning with the Committee on Foreign Relations. A. Hogg, to be Major General. Richard G. Anderson and ending with Mark EC–1166. A communication from the Acting Air Force nomination of Maj. Gen. James J. Roberts, which nominations were received Assistant Secretary, Legislative Affairs, De- M. Holmes, to be Lieutenant General. by the Senate and appeared in the Congres- partment of State, transmitting, pursuant to Air Force nomination of Maj. Gen. sional Record on April 11, 2013. law, a report relative to section 36(c) of the Michelle D. Johnson, to be Lieutenant Gen- Air Force nominations beginning with Arms Export Control Act (DDTC 13–011); to eral. Jeffery R. Alder and ending with Kevin L. the Committee on Foreign Relations. Air Force nomination of Lt. Gen. Susan J. Wright, which nominations were received by EC–1167. A communication from the Acting Helms, to be Lieutenant General. the Senate and appeared in the Congres- Assistant Secretary, Legislative Affairs, De- *Air Force nomination of Gen. Philip M. sional Record on April 11, 2013. partment of State, transmitting, pursuant to Breedlove, to be General. Air Force nominations beginning with law, a report relative to section 36(d) of the Air Force nomination of Maj. Gen. Mark O. Ronnelle Armstrong and ending with Chad Arms Export Control Act (DDTC 13–012); to Schissler, to be Lieutenant General. W. Zielinski, which nominations were re- the Committee on Foreign Relations. Air Force nomination of Maj. Gen. Robert ceived by the Senate and appeared in the EC–1168. A communication from the Acting P. Otto, to be Lieutenant General. Congressional Record on April 11, 2013. Assistant Secretary, Legislative Affairs, De- Air Force nomination of Brig. Gen. Scott Air Force nominations beginning with partment of State, transmitting, pursuant to W. Jansson, to be Major General. Maiya D. Anderson and ending with Jeffrey law, the report of a rule entitled ‘‘Amend- Army nomination of Col. Erik C. Peterson, L. Wisneski, which nominations were re- ment to the International Traffic in Arms to be Brigadier General. ceived by the Senate and appeared in the Regulations: Initial Implementation of Ex- Army nomination of Col. Brently F. White, Congressional Record on April 11, 2013. port Control Reform’’ (RIN1400–AD37) re- to be Brigadier General. Air Force nominations beginning with ceived in the Office of the President of the Army nomination of Col. Christie L. Matthew G. Adkins and ending with Norman Senate on April 15, 2013; to the Committee on Nixon, to be Brigadier General. Dale Zellers, which nominations were re- Foreign Relations. Army nominations beginning with Briga- ceived by the Senate and appeared in the EC–1169. A communication from the Sec- dier General Jeffrey L. Bannister and ending Congressional Record on April 11, 2013. Army nomination of Jonathan F. Potter, retary of Health and Human Services, trans- with Brigadier General Michael E. to be Lieutenant Colonel. mitting, pursuant to law, a financial report Williamson, which nominations were re- Army nominations beginning with Hilario relative to the Animal Generic Drug User ceived by the Senate and appeared in the A. Pascua and ending with Gerardo C. Ri- Fee Act for fiscal year 2012; to the Com- Congressional Record on March 19, 2013. vera, which nominations were received by mittee on Health, Education, Labor, and (minus 1 nominee: Brigadier General Charles the Senate and appeared in the Congres- Pensions. A. Flynn) Army nomination of Lt. Gen. Daniel B. sional Record on March 19, 2013. EC–1170. A communication from the Sec- Army nominations beginning with James Allyn, to be General. retary of Health and Human Services, trans- D. Peake and ending with Ali K. Sonmez, mitting, pursuant to law, a financial report Army nomination of Lt. Gen. James L. Terry, to be Lieutenant General. which nominations were received by the Sen- relative to the Animal Drug User Fee Act for ate and appeared in the Congressional fiscal year 2012; to the Committee on Health, Army nomination of Maj. Gen. Perry L. Wiggins, to be Lieutenant General. Record on March 19, 2013. Education, Labor, and Pensions. Army nominations beginning with John D. Marine Corps nomination of Lt. Gen. John EC–1171. A communication from the In- Pitcher and ending with Derek A. Woessner, spector General of the Railroad Retirement E. Wissler, to be Lieutenant General. Marine Corps nomination of Maj. Gen. which nominations were received by the Sen- Board, transmitting, pursuant to law, the In- ate and appeared in the Congressional spector General’s Budget Justification Re- Ronald L. Bailey, to be Lieutenant General. Marine Corps nomination of Lt. Gen. Ste- Record on March 19, 2013. port for fiscal year 2014; to the Committee on Army nominations beginning with Mark L. ven A. Hummer, to be Lieutenant General. Health, Education, Labor, and Pensions. Allison and ending with Joseph J. Streff, Marine Corps nomination of Lt. Gen. Ken- EC–1172. A communication from the Direc- which nominations were received by the Sen- neth J. Glueck, Jr., to be Lieutenant Gen- tor, Administrative Office of the United ate and appeared in the Congressional States Courts, transmitting, pursuant to eral. Marine Corps nomination of Lt. Gen. Rich- Record on March 19, 2013. law, reports entitled ‘‘Executive Summary of Army nominations beginning with Phillip ard P. Mills, to be Lieutenant General. the 2012 Annual Report of the Director of the E. Appleton and ending with Eric C. Rivers, Navy nomination of Capt. Bret J. Administrative Office of the United States which nominations were received by the Sen- Muilenburg, to be Rear Admiral (lower half). Courts’’ and ‘‘Judicial Business of the United ate and appeared in the Congressional States Courts’’; to the Committee on the Ju- Mr. LEVIN. Mr. President, for the Record on March 19, 2013. diciary. Committee on Armed Services I report Army nomination of Andrew W. Beach, to f favorably the following nomination be Major. lists which were printed in the Army nomination of Donald V. Wood, to be REPORTS OF COMMITTEES Major. RECORDS on the dates indicated, and Army nomination of Suzanne C. Nielsen, to The following reports of committees ask unanimous consent, to save the ex- were submitted: be Colonel. pense of reprinting on the Executive Army nomination of Ann M. Rudick, to be By Mr. MENENDEZ, from the Committee Calendar that these nominations lie at Major. on Foreign Relations, with an amendment the Secretary’s desk for the informa- Army nomination of Matthew P. Weberg, and with a preamble: to be Major. S. Res. 65. A resolution strongly supporting tion of Senators. The PRESIDING OFFICER. Without Army nomination of Grady L. Gentry, to the full implementation of United States and be Major. international sanctions on Iran and urging objection, it is so ordered. Marine Corps nominations beginning with the President to continue to strengthen en- Air Force nomination of Lou Rose Christopher C. Abrams and ending with Jo- forcement of sanctions legislation. Malamug, to be Major. seph J. Zarba, Jr., which nominations were By Mr. MENENDEZ, from the Committee Air Force nomination of Kelly A. Halligan, received by the Senate and appeared in the on Foreign Relations, with an amendment in to be Major. Congressional Record on January 23, 2013. the nature of a substitute and an amendment Air Force nominations beginning with Marine Corps nominations beginning with to the title and with an amended preamble: Christopher E. Curtis and ending with Jo- Timothy L. Adams and ending with James R. S. Res. 90. A resolution standing with the seph P. Tomsic, which nominations were re- Willsea, which nominations were received by people of Kenya following their national and ceived by the Senate and appeared in the the Senate and appeared in the Congres- local elections on March 4, 2013, and urging a Congressional Record on April 11, 2013. sional Record on February 27, 2013. peaceful and credible resolution of electoral Air Force nominations beginning with Navy nomination of Joseph R. Primeaux, disputes in the courts. Timothy A. Butler and ending with Gary J. Jr., to be Commander.

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Navy nomination of Gary S. Phillips, to be pension, and for other purposes; to the Com- Mr. ALEXANDER, Ms. AYOTTE, Ms. Captain. mittee on Veterans’ Affairs. BALDWIN, Mr. BARRASSO, Mr. BAUCUS, Navy nomination of Genevieve Buenaflor, By Mr. CASEY (for himself, Mr. COR- Mr. BEGICH, Mr. BENNET, Mr. to be Lieutenant Commander. NYN, Ms. STABENOW, Mr. CRAPO, Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- Navy nomination of Freddie R. Harmon, to MENENDEZ, Mr. BROWN, Mr. BEGICH, MAN, Mrs. BOXER, Mr. BROWN, Mr. be Lieutenant Commander. Ms. COLLINS, Mrs. HAGAN, Mr. BURR, Ms. CANTWELL, Mr. CARDIN, Navy nomination of Catherine W. Boehme, INHOFE, Ms. KLOBUCHAR, Mr. RISCH, Mr. CARPER, Mr. CASEY, Mr. CHAM- to be Lieutenant Commander. Mr. VITTER, and Mr. WICKER): BLISS, Mr. COATS, Mr. COBURN, Mr. Navy nominations beginning with Todd W. S. 749. A bill to amend the Internal Rev- COCHRAN, Ms. COLLINS, Mr. COONS, Mills and ending with Marvin W. Whiting, enue Code of 1986 to permanently extend the Mr. CORKER, Mr. CORNYN, Mr. CRAPO, which nominations were received by the Sen- 15-year recovery period for qualified lease- Mr. CRUZ, Mr. DONNELLY, Mr. DURBIN, ate and appeared in the Congressional hold improvement property, qualified res- Mr. ENZI, Mrs. FEINSTEIN, Mrs. FISCH- Record on March 19, 2013. taurant property, and qualified retail im- ER, Mr. FLAKE, Mr. FRANKEN, Mrs. Navy nomination of Richard J. Witt, to be provement property; to the Committee on GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Lieutenant Commander. Finance. LEY, Mrs. HAGAN, Mr. HARKIN, Mr. Navy nomination of Oleh Haluszka, to be By Mr. LAUTENBERG: HATCH, Mr. HEINRICH, Ms. HEITKAMP, Captain. S. 750. A bill to authorize the Secretary of Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, Navy nominations beginning with Stephen Education to make grants to support fire Mr. INHOFE, Mr. ISAKSON, Mr. S. Cho and ending with James W. Winde, safety education programs on college cam- JOHANNS, Mr. JOHNSON of Wisconsin, which nominations were received by the Sen- puses; to the Committee on Health, Edu- Mr. JOHNSON of South Dakota, Mr. ate and appeared in the Congressional cation, Labor, and Pensions. KAINE, Mr. KING, Mr. KIRK, Ms. KLO- Record on April 11, 2013. By Mr. COATS (for himself and Mr. BUCHAR, Ms. LANDRIEU, Mr. LAUTEN- Navy nominations beginning with Timothy DONNELLY): BERG, Mr. LEAHY, Mr. LEE, Mr. LEVIN, R. Anderson and ending with Andrew J. S. 751. A bill to amend the Food, Conserva- Mr. MANCHIN, Mr. MCCAIN, Mrs. Woolley, which nominations were received tion, and Energy Act of 2008 to authorize pro- MCCASKILL, Mr. MENENDEZ, Mr. by the Senate and appeared in the Congres- ducers on a farm to produce fruits and vege- MERKLEY, Ms. MIKULSKI, Mr. MORAN, sional Record on April 11, 2013. tables for processing on the base acres of the Ms. MURKOWSKI, Mr. MURPHY, Mrs. By Mr. CARPER for the Committee on farm; to the Committee on Agriculture, Nu- MURRAY, Mr. NELSON, Mr. PAUL, Mr. Homeland Security and Governmental Af- trition, and Forestry. PORTMAN, Mr. PRYOR, Mr. REED, Mr. fairs. By Mrs. GILLIBRAND: RISCH, Mr. ROBERTS, Mr. ROCKE- *Sylvia Mathews Burwell, of West Vir- S. 752. A bill to require the Secretary of FELLER, Mr. RUBIO, Mr. SANDERS, Mr. ginia, to be Director of the Office of Manage- Health and Human Services to promulgate SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. ment and Budget. regulations regarding the authorship, con- SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, By Mrs. MURRAY for the Committee on tent, format and dissemination of Patient Ms. STABENOW, Mr. TESTER, Mr. the Budget. Medication Information to ensure patients THUNE, Mr. TOOMEY, Mr. UDALL of *Sylvia Mathews Burwell, of West Vir- receive consistent and high-quality informa- Colorado, Mr. UDALL of New Mexico, ginia, to be Director of the Office of Manage- tion about their prescription medications Mr. VITTER, Mr. WARNER, Mr. WHITE- ment and Budget. and are aware of the potential risks and ben- HOUSE, Mr. WICKER, and Mr. WYDEN): *Nomination was reported with rec- efits of prescription medications; to the S. Res. 101. A resolution condemning the ommendation that it be confirmed sub- Committee on Health, Education, Labor, and horrific attacks in Boston, Massachusetts, ject to the nominee’s commitment to Pensions. and expressing support, sympathy, and pray- By Mr. HEINRICH (for himself, Mr. ers for those impacted by this tragedy; con- respond to requests to appear and tes- UDALL of New Mexico, and Mr. COR- sidered and agreed to. tify before any duly constituted com- NYN): By Mr. CASEY (for himself, Ms. COL- mittee of the Senate. S. 753. A bill to provide for national secu- LINS, Mr. JOHNSON of South Dakota, (Nominations without an asterisk rity benefits for White Sands Missile Range Mr. BAUCUS, Mr. BEGICH, Mrs. MUR- were reported with the recommenda- and Fort Bliss; to the Committee on Energy RAY, Mr. LEAHY, and Mr. PRYOR): tion that they be confirmed.) and Natural Resources. S. Con. Res. 13. A concurrent resolution By Mrs. GILLIBRAND: commending the Boys & Girls Clubs of Amer- f S. 754. A bill to amend the Specialty Crops ica for its role in improving outcomes for INTRODUCTION OF BILLS AND Competitiveness Act of 2004 to include millions of young people and thousands of JOINT RESOLUTIONS farmed shellfish as specialty crops; to the communities; to the Committee on the Judi- Committee on Agriculture, Nutrition, and ciary. The following bills and joint resolu- Forestry. f tions were introduced, read the first By Ms. KLOBUCHAR (for herself and and second times by unanimous con- Ms. COLLINS): ADDITIONAL COSPONSORS sent, and referred as indicated: S. 755. A bill to amend title XIX of the So- S. 132 cial Security Act to apply the Medicaid pri- By Mr. BENNET (for himself, Mr. BAU- At the request of Mr. CARPER, the mary care payment rate to additional physi- CUS, Mr. WYDEN, and Mr. UDALL of names of the Senator from Iowa (Mr. Colorado): cian providers of primary care services; to HARKIN), the Senator from Maryland S. 745. A bill to amend the Healthy Forests the Committee on Finance. Restoration Act of 2003 to provide for the By Mrs. FEINSTEIN (for herself and (Ms. MIKULSKI) and the Senator from designation of treatment areas, and for other Mr. BLUNT): Maryland (Mr. CARDIN) were added as purposes; to the Committee on Agriculture, S. 756. A bill to allow funds under title II cosponsors of S. 132, a bill to provide Nutrition, and Forestry. of the Elementary and Secondary Education for the admission of the State of New By Mr. COWAN: Act of 1965 to be used to provide training to Columbia into the Union. school personnel regarding how to recognize S. 746. A bill to amend the Food, Conserva- S. 138 tion, and Energy Act of 2008 to establish a child sexual abuse; to the Committee on market-driven inventory system; to the Health, Education, Labor, and Pensions. At the request of Mr. VITTER, the Committee on Agriculture, Nutrition, and By Mr. HELLER: name of the Senator from Kansas (Mr. Forestry. S. 757. A bill to provide for the implemen- MORAN) was added as a cosponsor of S. By Mr. VITTER: tation of the multispecies habitat conserva- 138, a bill to prohibit discrimination S. 747. A bill to grant exclusive fishery tion plan for the Virgin River, Nevada, and against the unborn on the basis of sex management authority over the red snapper Lincoln County, Nevada, to extend the au- or gender, and for other purposes. fish in the Gulf of Mexico to certain States; thority to purchase certain parcels of public S. 141 to the Committee on Commerce, Science, land, and for other purposes; to the Com- and Transportation. mittee on Energy and Natural Resources. At the request of Mr. BAUCUS, the By Mr. WYDEN (for himself, Mr. BURR, f name of the Senator from South Da- Mr. TESTER, Mr. HELLER, Mr. kota (Mr. JOHNSON) was added as a co- BLUMENTHAL, and Mrs. MCCASKILL): SUBMISSION OF CONCURRENT AND sponsor of S. 141, a bill to make supple- S. 748. A bill to amend title 38, United SENATE RESOLUTIONS mental agricultural disaster assistance States Code, to require the Secretary of Vet- The following concurrent resolutions available for fiscal years 2012 and 2013, erans Affairs to consider the resources of in- and for other purposes. dividuals applying for pension that were re- and Senate resolutions were read, and cently disposed of by the individuals for less referred (or acted upon), as indicated: S. 146 than fair market value when determining By Ms. WARREN (for herself, Mr. At the request of Mrs. BOXER, the the eligibility of such individuals for such COWAN, Mr. REID, Mr. MCCONNELL, name of the Senator from Vermont

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2750 CONGRESSIONAL RECORD — SENATE April 17, 2013 (Mr. SANDERS) was added as a cospon- CRAPO) and the Senator from Montana XVIII of the Social Security Act to sor of S. 146, a bill to enhance the safe- (Mr. BAUCUS) were added as cosponsors make the provision of technical serv- ty of America’s schools. of S. 427, a bill to amend the Richard B. ices for medical imaging examinations S. 186 Russell National School Lunch Act to and radiation therapy treatments At the request of Mr. SHELBY, the provide flexibility to school food au- safer, more accurate, and less costly. name of the Senator from New York thorities in meeting certain nutri- S. 689 (Mrs. GILLIBRAND) was added as a co- tional requirements for the school At the request of Mr. HARKIN, the sponsor of S. 186, a bill to award post- lunch and breakfast programs, and for name of the Senator from New Mexico humously a Congressional Gold Medal other purposes. (Mr. UDALL) was added as a cosponsor to Addie Mae Collins, Denise McNair, S. 457 of S. 689, a bill to reauthorize and im- Carole Robertson, and Cynthia Wesley, At the request of Mr. MENENDEZ, the prove programs related to mental in recognition of the 50th anniversary name of the Senator from New York health and substance use disorders. of the bombing of the Sixteenth Street (Mrs. GILLIBRAND) was added as a co- S. 695 Baptist Church, where the 4 little sponsor of S. 457, a bill to post- At the request of Mr. BOOZMAN, the Black girls lost their lives, which humously award a Congressional gold name of the Senator from Florida (Mr. served as a catalyst for the Civil medal to Alice Paul, in recognition of NELSON) was added as a cosponsor of S. Rights Movement. her role in the women’s suffrage move- 695, a bill to amend title 38, United S. 218 ment and in advancing equal rights for States Code, to extend the authoriza- At the request of Mr. LEVIN, the women. tion of appropriations for the Sec- name of the Senator from New Hamp- S. 462 retary of Veterans Affairs to pay a shire (Ms. AYOTTE) was added as a co- monthly assistance allowance to dis- sponsor of S. 218, a bill to ensure that At the request of Mrs. BOXER, the abled veterans training or competing amounts credited to the Harbor Main- name of the Senator from Kansas (Mr. tenance Trust Fund are used for harbor ROBERTS) was added as a cosponsor of for the Paralympic Team and the au- maintenance. S. 462, a bill to enhance the strategic thorization of appropriations for the Secretary of Veterans Affairs to pro- S. 232 partnership between the United States vide assistance to United States At the request of Mr. HATCH, the and Israel. Paralympics, Inc., and for other pur- name of the Senator from South Caro- S. 526 poses. lina (Mr. SCOTT) was added as a cospon- At the request of Mr. BAUCUS, the sor of S. 232, a bill to amend the Inter- name of the Senator from New Hamp- S. 707 nal Revenue Code of 1986 to repeal the shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. REED, the name excise tax on medical devices. sponsor of S. 526, a bill to amend the of the Senator from Illinois (Mr. DUR- S. 264 Internal Revenue Code of 1986 to make BIN) was added as a cosponsor of S. 707, At the request of Ms. STABENOW, the permanent the special rule for con- a bill to amend the Higher Education name of the Senator from Connecticut tributions of qualified conservation Act of 1965 to extend the reduced inter- (Mr. BLUMENTHAL) was added as a co- contributions, and for other purposes. est rate for Federal Direct Stafford sponsor of S. 264, a bill to expand ac- S. 534 Loans. cess to community mental health cen- At the request of Mr. TESTER, the S. 734 ters and improve the quality of mental name of the Senator from Colorado At the request of Mr. NELSON, the health care for all Americans. (Mr. UDALL) was added as a cosponsor name of the Senator from Minnesota S. 294 of S. 534, a bill to reform the National (Mr. FRANKEN) was added as a cospon- At the request of Mr. NELSON, his Association of Registered Agents and sor of S. 734, a bill to amend title 10, name was added as a cosponsor of S. Brokers, and for other purposes. United States Code, to repeal the re- 294, a bill to amend title 38, United S. 541 quirement for reduction of survivor an- nuities under the Survivor Benefit States Code, to improve the disability At the request of Ms. LANDRIEU, the compensation evaluation procedure of name of the Senator from New York Plan by veterans’ dependency and indemnity compensation. the Secretary of Veterans Affairs for (Mrs. GILLIBRAND) was added as a co- veterans with mental health conditions sponsor of S. 541, a bill to prevent S. 741 related to military sexual trauma, and human health threats posed by the At the request of Mr. VITTER, the for other purposes. consumption of equines raised in the name of the Senator from South Da- S. 367 United States. kota (Mr. JOHNSON) was added as a co- At the request of Mr. CARDIN, the sponsor of S. 741, a bill to extend the S. 579 name of the Senator from Pennsyl- authorization of appropriations to At the request of Mr. MENENDEZ, the vania (Mr. CASEY) was added as a co- carry out approved wetlands conserva- names of the Senator from Florida (Mr. sponsor of S. 367, a bill to amend title tion projects under the North Amer- RUBIO), the Senator from Idaho (Mr. XVIII of the Social Security Act to re- ican Wetlands Conservation Act CRAPO) and the Senator from Georgia peal the Medicare outpatient rehabili- through fiscal year 2017. tation therapy caps. (Mr. ISAKSON) were added as cosponsors of S. 579, a bill to direct the Secretary S. 744 S. 375 of State to develop a strategy to obtain At the request of Mr. MCCAIN, his At the request of Mr. TESTER, the observer status for Taiwan at the tri- name was added as a cosponsor of S. name of the Senator from Louisiana ennial International Civil Aviation Or- 744, a bill to provide for comprehensive (Ms. LANDRIEU) was added as a cospon- immigration reform and for other pur- sor of S. 375, a bill to require Senate ganization Assembly, and for other purposes. poses. candidates to file designations, state- At the request of Mr. DURBIN, his ments, and reports in electronic form. S. 610 name was added as a cosponsor of S. S. 381 At the request of Mr. JOHANNS, the 744, supra. At the request of Mr. BOOZMAN, the name of the Senator from Arizona (Mr. At the request of Mr. GRAHAM, his name of the Senator from Kansas (Mr. FLAKE) was added as a cosponsor of S. name was added as a cosponsor of S. MORAN) was added as a cosponsor of S. 610, a bill to amend the Patient Protec- 744, supra. 381, a bill to award a Congressional tion and Affordable Care Act to repeal At the request of Mr. MENENDEZ, his Gold Medal to the World War II mem- certain limitations on health care ben- name was added as a cosponsor of S. bers of the ‘‘Doolittle Tokyo Raiders’’, efits. 744, supra. for outstanding heroism, valor, skill, S. 642 At the request of Mr. RUBIO, his name and service to the United States in At the request of Mr. HARKIN, the was added as a cosponsor of S. 744, conducting the bombings of Tokyo. name of the Senator from South Da- supra. S. 427 kota (Mr. JOHNSON) was added as a co- At the request of Mr. BENNET, his At the request of Mr. HOEVEN, the sponsor of S. 642, a bill to amend the name was added as a cosponsor of S. names of the Senator from Idaho (Mr. Public Health Service Act and title 744, supra.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2751 At the request of Mr. FLAKE, his tended to be proposed to S. 649, a bill to Whereas the residents of Massachusetts are name was added as a cosponsor of S. ensure that all individuals who should a resilient people and will recover from this 744, supra. be prohibited from buying a firearm tragedy; and Whereas the people of the United States S. RES. 65 are listed in the national instant crimi- will always remember the victims of the pre- At the request of Mr. GRAHAM, the nal background check system and re- vious acts of terrorism that have occurred in names of the Senator from Connecticut quire a background check for every the United States and will always stand to- (Mr. MURPHY), the Senator from Ten- firearm sale, and for other purposes. gether as one people: Now, therefore, be it nessee (Mr. CORKER) and the Senator f Resolved, That the Senate— from Colorado (Mr. UDALL) were added SUBMITTED RESOLUTIONS (1) condemns the senseless attack in Bos- as cosponsors of S. Res. 65, a resolution ton, Massachusetts, on Monday, April 15, strongly supporting the full implemen- 2013; tation of United States and inter- SENATE RESOLUTION 101—CON- (2) offers sympathy and condolences to the national sanctions on Iran and urging DEMNING THE HORRIFIC AT- victims’ families; (3) sends thoughts and prayers for those the President to continue to strength- TACKS IN BOSTON, MASSACHU- who are recovering from injuries; en enforcement of sanctions legisla- SETTS, AND EXPRESSING SUP- (4) honors the heroic efforts of the medical tion. PORT, SYMPATHY, AND PRAY- personnel who are tirelessly providing care AMENDMENT NO. 713 ERS FOR THOSE IMPACTED BY for the victims of this horrific act of vio- At the request of Mr. LEAHY, the THIS TRAGEDY lence; names of the Senator from New York Ms. WARREN (for herself, Mr. (5) admires the courage of the first re- (Mrs. GILLIBRAND), the Senator from sponders and the many citizen heroes who COWAN, Mr. REID of Nevada, Mr. aided the injured and tended to the commu- Connecticut (Mr. BLUMENTHAL), the MCCONNELL, Mr. ALEXANDER, Ms. nity; Senator from Illinois (Mr. DURBIN) and AYOTTE, Ms. BALDWIN, Mr. BARRASSO, (6) commits to providing all necessary re- the Senator from Illinois (Mr. KIRK) Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, sources to law enforcement officials who are were added as cosponsors of amend- Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- investigating the terrorist attacks; ment No. 713 proposed to S. 649, a bill MAN, Mrs. BOXER, Mr. BROWN, Mr. (7) remains committed to working together to ensure that all individuals who BURR, Ms. CANTWELL, Mr. CARDIN, Mr. as united Americans to bring those responsible for this attack to justice; and should be prohibited from buying a CARPER, Mr. CASEY, Mr. CHAMBLISS, (8) recognizes that the city of Boston, the firearm are listed in the national in- Mr. COATS, Mr. COBURN, Mr. COCHRAN, stant criminal background check sys- people of Massachusetts, and all Americans Ms. COLLINS, Mr. COONS, Mr. CORKER, will rise up from this tragedy and stand to- tem and require a background check Mr. CORNYN, Mr. CRAPO, Mr. CRUZ, Mr. gether as patriots. for every firearm sale, and for other DONNELLY, Mr. DURBIN, Mr. ENZI, Mrs. purposes. FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, f AMENDMENT NO. 717 Mr. FRANKEN, Mrs. GILLIBRAND, Mr. At the request of Mr. BARRASSO, the GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, SENATE CONCURRENT RESOLU- name of the Senator from Wyoming Mr. HARKIN, Mr. HATCH, Mr. HEINRICH, TION 13—COMMENDING THE BOYS (Mr. ENZI) was added as a cosponsor of Ms. HEITKAMP, Mr. HELLER, Ms. & GIRLS CLUBS OF AMERICA amendment No. 717 proposed to S. 649, HIRONO, Mr. HOEVEN, Mr. INHOFE, Mr. FOR ITS ROLE IN IMPROVING a bill to ensure that all individuals who ISAKSON, Mr. JOHANNS, Mr. JOHNSON of OUTCOMES FOR MILLIONS OF should be prohibited from buying a Wisconsin, Mr. JOHNSON of South Da- YOUNG PEOPLE AND THOUSANDS firearm are listed in the national in- kota, Mr. KAINE, Mr. KING, Mr. KIRK, OF COMMUNITIES stant criminal background check sys- Ms. KLOBUCHAR, Ms. LANDRIEU, Mr. tem and require a background check LAUTENBERG, Mr. LEAHY, Mr. LEE, Mr. Mr. CASEY (for himself, Ms. COLLINS, for every firearm sale, and for other LEVIN, Mr. MANCHIN, Mr. MCCAIN, Mrs. Mr. JOHNSON of South Dakota, Mr. purposes. MCCASKILL, Mr. MENENDEZ, Mr. BAUCUS, Mr. BEGICH, Mrs. MURRAY, Mr. AMENDMENT NO. 718 MERKLEY, Ms. MIKULSKI, Mr. MORAN, LEAHY, and Mr. PRYOR) submitted the At the request of Mr. COBURN, the Ms. MURKOWSKI, Mr. MURPHY, Mrs. following concurrent resolution; which name of the Senator from Arizona (Mr. MURRAY, Mr. NELSON, Mr. PAUL, Mr. was referred to the Committee on the MCCAIN) was added as a cosponsor of PORTMAN, Mr. PRYOR, Mr. REED of Judiciary: amendment No. 718 intended to be pro- Rhode Island, Mr. RISCH, Mr. ROBERTS, S. CON. RES. 13 posed to S. 649, a bill to ensure that all Mr. ROCKEFELLER, Mr. RUBIO, Mr. Whereas, in 1956, the Boys’ Clubs of Amer- individuals who should be prohibited SANDERS, Mr. SCHATZ, Mr. SCHUMER, ica celebrated its 50th anniversary and be- from buying a firearm are listed in the Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- came a federally chartered incorporation; national instant criminal background HEEN, Mr. SHELBY, Ms. STABENOW, Mr. Whereas, in 1991, the Federal charter of the check system and require a background TESTER, Mr. THUNE, Mr. TOOMEY, Mr. Boys’ Clubs of America was amended to re- check for every firearm sale, and for UDALL of Colorado, Mr. UDALL of New flect the change of the name of the organiza- other purposes. Mexico, Mr. VITTER, Mr. WARNER, Mr. tion to the Boys & Girls Clubs of America; AMENDMENT NO. 719 WHITEHOUSE, Mr. WICKER, and Mr. Whereas the Boys & Girls Clubs of America has significantly improved the quality of life At the request of Mr. CORNYN, the WYDEN) submitted the following resolution; which was considered and for many young people and has helped to names of the Senator from South Da- transform them into leaders and responsible kota (Mr. THUNE), the Senator from agreed to: citizens of the United States; Mississippi (Mr. WICKER), the Senator S. RES. 101 Whereas the Boys & Girls Clubs of Amer- from Arkansas (Mr. BOOZMAN) and the Whereas the two bombings that occurred ica, through its efforts in communities Senator from Wyoming (Mr. ENZI) were on Patriots’ Day, April 15, 2013, during the throughout the United States, has a signifi- added as cosponsors of amendment No. running of the 117th Boston Marathon, rep- cant impact on the ability of young people to 719 proposed to S. 649, a bill to ensure resent a terrible tragedy and horrific act of meet various challenges, including by help- that all individuals who should be pro- terrorism against the United States; ing them graduate from high school, gain Whereas the people of the United States proficiency in science, technology, engineer- hibited from buying a firearm are list- mourn those who lost their lives or were ing, and math, and develop skills for the 21st ed in the national instant criminal wounded; century; background check system and require a Whereas police officers, firefighters, mem- Whereas evaluations of specific programs background check for every firearm bers of the National Guard, emergency med- conducted by, and of the overall experience sale, and for other purposes. ical personnel, and other first responders of participating in, the Boys & Girls Clubs of AMENDMENT NO. 724 acted heroically in responding to the at- America demonstrate several positive out- tacks, preventing additional loss of life; comes linked to participation in the organi- At the request of Mr. LAUTENBERG, Whereas the full resources of the Federal zation, including reduction in delinquent be- the names of the Senator from New Government and State and local govern- haviors, increased academic achievement, in- York (Mrs. GILLIBRAND) and the Sen- ments are being brought to bear to inves- creased access to and safe use of technology, ator from Maine (Mr. KING) were added tigate this attack and bring the perpetrator broadened career goals, and improved atti- as cosponsors of amendment No. 724 in- or perpetrators to justice; tudes toward school;

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Whereas the Boys & Girls Clubs of America Mr. BENNET, Mr. ROBERTS, Ms. BALDWIN, Ms. Sec. 113. Amendments to section 924(k). effectively leverages limited Federal invest- AYOTTE, Mrs. HAGAN, Mr. MURPHY, Mr. Sec. 114. Multiple sales reports for rifles and ment to support Clubs in underfunded com- BLUMENTHAL, and Mr. JOHANNS) proposed an shotguns. munities, while raising the majority of its amendment to the bill S. 649, supra. Sec. 115. Study by the National Institutes of funding privately; SA 731. Ms. KLOBUCHAR (for herself and Justice and National Academy Whereas the Boys & Girls Clubs of America Ms. HIRONO) submitted an amendment in- of Sciences on the causes of serves diverse groups of young people in tended to be proposed by her to the bill S. mass shootings. urban, suburban, and rural communities, as 649, supra; which was ordered to lie on the Sec. 116. Reports to Congress regarding am- well as on military bases and Native Amer- table. munition purchases by Federal ican reservations; SA 732. Mr. GRAHAM (for himself, Mr. agencies. Whereas the Boys & Girls Clubs of America BEGICH, Mr. FLAKE, Mr. PRYOR, Mr. HELLER, Sec. 117. Reduction of Byrne JAG funds for provides stability, education, youth develop- Mr. CORNYN, Mr. CHAMBLISS, Mr. PORTMAN, State failure to provide mental ment, and prevention programs for children and Mr. MCCAIN) submitted an amendment health records to NICS. of military personnel, who frequently relo- intended to be proposed by him to the bill S. Sec. 118. Firearm commerce modernization. cate due to station changes and deploy- 649, supra; which was ordered to lie on the Sec. 119. Firearm dealer access to law en- ments; table. forcement information. Whereas, as of February 2013, there are SA 733. Ms. STABENOW (for herself, Mr. Sec. 120. Interstate transportation of fire- 3,985 chartered Clubs serving approximately BLUNT, Mr. REED, Mr. RUBIO, Ms. COLLINS, arms or ammunition. 4,100,000 young people; and Mr. BLUMENTHAL, Mr. UDALL of New Mexico, TITLE II—MENTAL HEALTH Whereas, on April 28, 2012, the Boys & Girls and Mr. TESTER) submitted an amendment Sec. 201. Reauthorization and additional Clubs of America signed an agreement with intended to be proposed by her to the bill S. amendments to the Mentally Ill For Inspiration and Recognition of Science 649, supra; which was ordered to lie on the Offender Treatment and Crime and Technology (commonly known as table. Reduction Act. ‘‘FIRST’’) to bring competitive robotics pro- f Sec. 202. Additional purposes for Federal grams to approximately 4,000,000 young peo- grants. ple in the United States by 2015: Now, there- TEXT OF AMENDMENTS Sec. 203. Conditions for treatment of certain fore, be it Mr. GRASSLEY (for himself, persons as adjudicated men- Resolved by the Senate (the House of Rep- SA 725. tally incompetent for certain resentatives concurring), That the Congress— Mr. CRUZ, Mr. GRAHAM, Mr. THUNE, Ms. purposes. (1) commends the Boys & Girls Clubs of AYOTTE, Mr. HOEVEN, Mr. HATCH, Mr. TITLE III—SCHOOL SAFETY America for its work serving the young peo- FLAKE, Mr. COATS, Mr. CORNYN, Mr. Sec. 301. Short title. ple of the United States and strengthening ROBERTS, Mr. WICKER, Mr. JOHNSON of thousands of communities; Sec. 302. Grant program for school security. Wisconsin, Mr. INHOFE, Mr. RISCH, Mr. (2) recognizes the importance of high-im- Sec. 303. Applications. RUBIO, Ms. MURKOWSKI, Mr. BOOZMAN, pact mentoring of young people in ensuring Sec. 304. Authorization of appropriations. positive outcomes for young people of all Mr. JOHANNS, Mr. PORTMAN, Mr. Sec. 305. Accountability. backgrounds; MCCONNELL, Mr. BLUNT, Mr. VITTER, Sec. 306. Preventing duplicative grants. (3) supports mentoring of young people as Mr. COCHRAN, and Mr. COBURN) sub- SEC. 2. DEFINITIONS. a strategy to prepare young people for edu- mitted an amendment intended to be In this Act— cation, careers, and citizenship; proposed by him to the bill S. 649, to (1) the term ‘‘agency’’ has the meaning (4) encourages the Boys & Girls Clubs of ensure that all individuals who should given the term in section 551 of title 5, America to continue and expand programs United States Code; be prohibited from buying a firearm (2) the term ‘‘NICS’’ means the National that expose young people to science, tech- are listed in the national instant crimi- nology, engineering, and math; and Instant Criminal Background Check System; (5) commits to strengthening the partner- nal background check system and re- and ship between the Boys & Girls Clubs of quire a background check for every (3) the term ‘‘relevant Federal records’’ America and various Federal agencies and firearm sale, and for other purposes; as means any record demonstrating that a per- department in order to serve an even greater follows: son is prohibited from possessing or receiving a firearm under subsection (g) or (n) of number of young people. On page 1, line 3, strike ‘‘short’’ and all section 922 of title 18, United States Code. f that follows through page 42, line 15, and insert the following: TITLE I—COMBATING GUN CRIME, NICS AMENDMENTS SUBMITTED AND SHORT TITLE; TABLE OF CONTENTS. REAUTHORIZATION, AND NICS IM- PROPOSED PROVEMENT (a) SHORT TITLE.—This Act may be cited as SA 725. Mr. GRASSLEY (for himself, Mr. the ‘‘Protecting Communities and Pre- SEC. 101. REAUTHORIZATION AND IMPROVE- CRUZ, Mr. GRAHAM, Mr. THUNE, Ms. AYOTTE, serving the Second Amendment Act of 2013’’. MENTS TO NICS. Mr. HOEVEN, Mr. HATCH, Mr. FLAKE, Mr. (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Section 103 of the NICS COATS, Mr. CORNYN, Mr. ROBERTS, Mr. tents for this Act is as follows: Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended— WICKER, Mr. JOHNSON of Wisconsin, Mr. Sec. 1. Short title; table of contents. (1) by redesignating subsection (e) as sub- INHOFE, Mr. RISCH, Mr. RUBIO, Ms. MUR- Sec. 2. Definitions. KOWSKI, Mr. BOOZMAN, Mr. JOHANNS, Mr. section (f) and amending such subsection to TITLE I—COMBATING GUN CRIME, NICS PORTMAN, Mr. MCCONNELL, Mr. BLUNT, Mr. read as follows: REAUTHORIZATION, AND NICS IM- VITTER, Mr. COCHRAN, and Mr. COBURN) sub- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— mitted an amendment intended to be pro- PROVEMENT There are authorized to be appropriated to posed by him to the bill S. 649, to ensure that Sec. 101. Reauthorization and improvements carry out this section $20,000,000 for each of all individuals who should be prohibited to NICS. fiscal years 2013 through 2017.’’; and from buying a firearm are listed in the na- Sec. 102. Availability of records to NICS. (2) by inserting after subsection (d) the fol- tional instant criminal background check Sec. 103. Definitions relating to mental lowing: system and require a background check for health. ‘‘(e) ACCOUNTABILITY.—All grants awarded every firearm sale, and for other purposes. Sec. 104. Clarification that Federal court in- by the Attorney General under this section SA 726. Mr. UDALL of New Mexico sub- formation is to be made avail- shall be subject to the following account- mitted an amendment intended to be pro- able to the National Instant ability provisions: posed by him to the bill S. 649, supra; which Criminal Background Check ‘‘(1) DEFINITION.—In this subsection, the was ordered to lie on the table. System. term ‘unresolved audit finding’ means a find- SA 727. Mr. COBURN (for himself and Mr. Sec. 105. Reports and certifications to Con- ing in the final audit report of the Inspector MCCAIN) submitted an amendment intended gress. General of the Department of Justice that to be proposed by him to the bill S. 649, Sec. 106. Increasing Federal prosecution of the audited grantee has utilized grant funds supra; which was ordered to lie on the table. gun violence. for an unauthorized expenditure or otherwise SA 728. Mr. COBURN submitted an amend- Sec. 107. Prosecution of felons and fugitives unallowable cost that is not closed or re- ment intended to be proposed by him to the who attempt to illegally pur- solved within 12 months from the date when bill S. 649, supra; which was ordered to lie on chase firearms. the final audit report is issued. the table. Sec. 108. Limitation on operations by the ‘‘(2) AUDITS.—Beginning in the first fiscal SA 729. Mr. WHITEHOUSE submitted an Department of Justice. year beginning after the date of enactment amendment intended to be proposed by him Sec. 109. Straw purchasing of firearms. of this subsection, and in each fiscal year to the bill S. 649, supra; which was ordered to Sec. 110. Increased penalties for lying and thereafter, the Inspector General of the De- lie on the table. buying. partment of Justice shall conduct audits of SA 730. Mr. HARKIN (for himself, Mr. Sec. 111. Amendments to section 924(a). recipients of grants under this section to ALEXANDER, Mr. FRANKEN, Ms. MURKOWSKI, Sec. 112. Amendments to section 924(h). prevent waste, fraud, and abuse of funds by

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CLARIFICATION THAT FEDERAL COURT ‘‘(3) PRIORITY.—In awarding grants under ‘‘(aa) was a danger to himself or to others; INFORMATION IS TO BE MADE this section, the Attorney General shall give ‘‘(bb) was guilty but mentally ill in a AVAILABLE TO THE NATIONAL IN- priority to eligible applicants that did not criminal case; STANT CRIMINAL BACKGROUND have an unresolved audit finding during the ‘‘(cc) was not guilty in a criminal case by CHECK SYSTEM. Section 103(e)(1) of the Brady Handgun Vio- 3 fiscal years before submitting an applica- reason of insanity or mental disease or de- lence Prevention Act (18 U.S.C. 922 note) is tion for a grant under this section.’’. fect; amended by adding at the end the following: (b) MODIFICATION OF ELIGIBILITY REQUIRE- ‘‘(dd) was incompetent to stand trial in a PPLICATION TO FEDERAL COURTS MENTS.—The NICS Improvement Amend- criminal case; ‘‘(F) A .—In ments Act of 2007 (18 U.S.C. 922 note) is ‘‘(ee) was not guilty only by reason of lack this paragraph— amended— of mental responsibility under section 850a of ‘‘(i) the terms ‘department or agency of the (1) in section 102(b)(1)— title 10 (article 50a of the Uniform Code of United States’ and ‘Federal department or (A) in subparagraph (A), by striking ‘‘sub- Military Justice); agency’ include a Federal court; and paragraph (C)’’ and inserting ‘‘subparagraph ‘‘(ff) required involuntary inpatient treat- ‘‘(ii) for purposes of any request, submis- (B)’’; ment by a psychiatric hospital; sion, or notification, the Director of the Ad- (B) by striking subparagraph (B); and ‘‘(gg) required involuntary outpatient ministrative Office of the United States (C) by redesignating subparagraph (C) as treatment by a psychiatric hospital based on Courts shall perform the functions of the subparagraph (B); a finding that the person is a danger to him- head of the department or agency.’’. (2) in section 103(a)(1), by striking ‘‘and self or to others; or SEC. 105. REPORTS AND CERTIFICATIONS TO subject to section 102(b)(1)(B)’’; and ‘‘(hh) required involuntary commitment to CONGRESS. (3) in section 104(d), by striking ‘‘section a psychiatric hospital for any reason, includ- (a) NICS REPORTS.—Not later than October 102(b)(1)(C)’’ and inserting ‘‘section ing drug use; and 1, 2013, and every year thereafter, the head of 102(b)(1)(B)’’. ‘‘(ii) does not include— each agency that possesses relevant Federal records shall submit a report to Congress SEC. 102. AVAILABILITY OF RECORDS TO NICS. ‘‘(I) a person who is in a psychiatric hos- that includes— (a) GUIDANCE.—Not later than 45 days after pital for observation; or (1) a description of the relevant Federal the date of enactment of this Act, the Attor- ‘‘(II) a voluntary admission to a psy- ney General shall issue guidance regarding— chiatric hospital. records possessed by the agency that can be (1) the identification and sharing of rel- ‘‘(B) In this paragraph, the term ‘order or shared with NICS in a manner consistent evant Federal records; and finding’ does not include— with applicable law; (2) submission of the relevant Federal ‘‘(i) an order or finding that has expired or (2) the number of relevant Federal records records to NICS. has been set aside or expunged; the agency submitted to NICS during the re- (b) PRIORITIZATION OF RECORDS.—Each ‘‘(ii) an order or finding that is no longer porting period; agency that possesses relevant Federal applicable because a judicial officer, court, (3) efforts made to increase the percentage records shall prioritize providing the rel- board, commission, or other adjudicative of relevant Federal records possessed by the evant information contained in the relevant body has found that the person who is the agency that are submitted to NICS; Federal records to NICS on a regular and on- subject of the order or finding— (4) any obstacles to increasing the percent- going basis in accordance with the guidance ‘‘(I) does not present a danger to himself or age of relevant Federal records possessed by issued by the Attorney General under sub- to others; the agency that are submitted to NICS; section (a). ‘‘(II) has been restored to sanity or cured (5) measures put in place to provide notice (c) REPORTS.—Not later than 60 days after of mental disease or defect; and programs for relief from disabilities as the Attorney General issues guidance under ‘‘(III) has been restored to competency; or required under the NICS Improvement subsection (a), the head of each agency shall ‘‘(IV) no longer requires involuntary inpa- Amendments Act of 2007 (18 U.S.C. 922 note) submit a report to the Attorney General tient or outpatient treatment by, or involun- if the agency makes qualifying adjudications that— tary commitment to, a psychiatric hospital; relating to the mental health of an indi- (1) advises whether the agency possesses or vidual; relevant Federal records; and ‘‘(iii) an order or finding with respect to (6) measures put in place to correct, mod- (2) describes the implementation plan of which the person who is subject to the order ify, or remove records available to NICS the agency for making the relevant informa- or finding has been granted relief from dis- when the basis on which the records were tion contained in relevant Federal records abilities under section 925(c) or under a pro- made available no longer applies; and available to NICS in a manner consistent gram described in section 101(c)(2)(A) or 105 (7) additional steps that will be taken dur- with applicable law. of the NICS Improvement Amendments Act ing the 1-year period after the submission of (d) DETERMINATION OF RELEVANCE.—The of 2007 (18 U.S.C. 922 note). the report to improve the processes by which Attorney General shall resolve any dispute ‘‘(37) The term ‘psychiatric hospital’ in- relevant Federal records are— regarding whether— cludes a mental health facility, a mental (A) identified; (1) agency records are relevant Federal hospital, a sanitarium, a psychiatric facility, (B) made available to NICS; and records; and and any other facility that provides diag- (C) corrected, modified, or removed from (2) the relevant Federal records of an agen- noses by licensed professionals of mental re- NICS. cy should be made available to NICS. tardation or mental illness, including a psy- (b) CERTIFICATIONS.— SEC. 103. DEFINITIONS RELATING TO MENTAL chiatric ward in a general hospital.’’; and (1) IN GENERAL.—The annual report re- HEALTH. (2) in section 922— quirement in subsection (a) shall not apply (a) TITLE 18 DEFINITIONS.—Chapter 44 of (A) in subsection (d)(4)— to an agency that, as part of a report re- title 18, United States Code, is amended— (i) by striking ‘‘as a mental defective’’ and quired to be submitted under subsection (a), (1) in section 921(a), by adding at the end inserting ‘‘mentally incompetent’’; and provides certification that the agency has— the following: (ii) by striking ‘‘any mental institution’’ (A) made available to NICS relevant Fed- ‘‘(36)(A) Subject to subparagraph (B), the and inserting ‘‘a psychiatric hospital’’; and eral records that can be shared in a manner term ‘has been adjudicated mentally incom- (B) in subsection (g)(4)— consistent with applicable law; petent or has been committed to a psy- (i) by striking ‘‘as a mental defective or (B) a plan to make any relevant Federal chiatric hospital’, with respect to a person— who has’’ and inserting ‘‘mentally incom- records available to NICS and a description ‘‘(i) means the person is the subject of an petent or has’’; and of that plan; and order or finding by a judicial officer, court, (ii) by striking ‘‘mental institution’’ and (C) a plan to update, modify, or remove board, commission, or other adjudicative inserting ‘‘psychiatric hospital’’. records electronically from NICS not less body— (b) TECHNICAL AND CONFORMING AMEND- than quarterly as required by the NICS Im- ‘‘(I) that was issued after— MENT.—The NICS Improvement Amendments provement Amendments Act of 2007 (18 ‘‘(aa) a hearing— Act of 2007 (18 U.S.C. 922 note) is amended— U.S.C. 922 note) and a description of that ‘‘(AA) of which the person received actual (1) by striking ‘‘as a mental defective’’ plan. notice; and each place that term appears and inserting (2) FREQUENCY.—Each agency that is not ‘‘(BB) at which the person had an oppor- ‘‘mentally incompetent’’; required to submit annual reports under tunity to participate with counsel; or (2) by striking ‘‘mental institution’’ each paragraph (1) shall submit an annual certifi- ‘‘(bb) the person knowingly and intel- place that term appears and inserting ‘‘psy- cation to Congress attesting that the agency ligently waived the opportunity for a hear- chiatric hospital’’; and continues to submit relevant Federal records ing— (3) in section 102(c)(3)— to NICS and has corrected, modified, or re- ‘‘(AA) of which the person received actual (A) in the paragraph heading, by striking moved records available to NICS when the notice; and ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO A basis on which the records were made avail- ‘‘(BB) at which the person would have had MENTAL INSTITUTION’’ and inserting ‘‘MEN- able no longer applies. an opportunity to participate with counsel; TALLY INCOMPETENT OR COMMITTED TO A PSY- (c) REPORTS TO CONGRESS ON FIREARMS and CHIATRIC HOSPITAL’’; and PROSECUTIONS.—

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(1) REPORT TO CONGRESS.—Beginning Feb- States Code, and section 5861 of the Internal on the Judiciary of the House of Representa- ruary 1, 2014, and on February 1 of each year Revenue Code of 1986, the nature of the other tives a report containing the following infor- thereafter through 2023, the Attorney Gen- charges brought and the result of any trial of mation: eral shall submit to the Committees on the such other charges as have been brought (1) The number of individuals indicted for Judiciary and Committees on Appropriations (guilty, not guilty, mistrial); such violations of Federal firearms laws dur- of the Senate and the House of Representa- (J) the number of persons who attempted ing that year by reason of the program. tives a report of information gathered under to purchase a firearm but were denied be- (2) The increase or decrease in the number this subsection during the fiscal year that cause of a background check conducted in of individuals indicted for such violations of ended on September 30 of the preceding year. accordance with section 922(t) of title 18, Federal firearms laws during that year by (2) SUBJECT OF ANNUAL REPORT.—Not later United States Code; and reason of the program when compared with than 90 days after the date of enactment of (K) the number of prosecutions conducted the year preceding that year. this Act, the Attorney General shall require in relation to persons described in subpara- (3) The number of individuals held without each component of the Department of Jus- graph (J). bond in anticipation of prosecution by rea- tice, including each United States Attor- SEC. 106. INCREASING FEDERAL PROSECUTION son of the program. ney’s Office, to furnish for the purposes of OF GUN VIOLENCE. (4) To the extent the information is avail- the report described in paragraph (1), infor- (a) IN GENERAL.—Not later than 90 days able, the average length of prison sentence of mation relating to any case presented to the after the date of enactment of this Act, the the individuals convicted of violations of Department of Justice for review or prosecu- Attorney General shall establish in jurisdic- Federal firearms laws by reason of the pro- tion, in which the objective facts of the case tions specified in subsection (c) a program gram. provide probable cause to believe that there that meets the requirements of subsection (5) The number of multi-jurisdiction task has been a violation of sections 922 and 924, (b), to be known as the ‘‘Nationwide Project forces established and the number of individ- United States Code, and section 5861 of the Exile Expansion’’. uals arrested, indicted, convicted or acquit- Internal Revenue Code of 1986. (b) PROGRAM ELEMENTS.—Each program es- ted of charges for violations of the specific (3) ELEMENTS OF ANNUAL REPORT.—With re- tablished under subsection (a) shall, for the crimes listed in subsection (b)(2). spect to each case described in paragraph (2), jurisdiction concerned— (e) AUTHORIZATION OF APPROPRIATIONS.— the report submitted under paragraph (1) (1) provide for coordination with State and (1) IN GENERAL.—There are authorized to be shall include information indicating— local law enforcement officials in the identi- appropriated to carry out the program under (A) whether in any such case, a decision fication of violations of Federal firearms this section $15,000,000 for each of fiscal years has been made not to charge an individual laws; 2014, 2015, and 2016, which shall be used for with a violation of sections 922 and 924, (2) provide for the establishment of agree- salaries and expenses of assistant United United States Code, and section 5861 of the ments with State and local law enforcement States attorneys and Bureau of Alcohol, To- Internal Revenue Code of 1986, or any other officials for the referral to the Bureau of Al- bacco, Firearms, and Explosives agents. violation of Federal criminal law; cohol, Tobacco, Firearms, and Explosives (2) USE OF FUNDS.— (B) in any case described in subparagraph and the United States Attorney for prosecu- (A) ASSISTANT UNITED STATES ATTORNEYS.— (A), a description of why no charge was filed tion of persons arrested for violations of sec- The assistant United States attorneys hired under sections 922 and 924, United States tion 922 or section 924 of title 18, United using amounts authorized to be appropriated Code, and section 5861 of the Internal Rev- States Code, or section 5861 of the Internal under paragraph (1) shall prosecute viola- enue Code of 1986; Revenue Code of 1986, relating to firearms; tions of Federal firearms laws in accordance (C) whether in any case described in para- (3) provide for the establishment of multi- with subsection (b)(2). graph (2), an indictment, information, or jurisdictional task forces, coordinated by the (B) ATF AGENTS.—The Bureau of Alcohol, other charge has been brought against any Executive Office of the United States attor- Tobacco, Firearms, and Explosives agents person, or the matter is pending; neys to investigate and prosecute illegal hired using amounts authorized to be appro- (D) whether, in the case of an indictment, straw purchasing rings that purchase fire- priated under paragraph (1) shall, to the information, or other charge described in arms in one jurisdiction and transfer them maximum extent practicable, concentrate subparagraph (C), the charging document to another; their investigations on violations of Federal contains a count or counts alleging a viola- (4) require that the United States attorney firearms laws in accordance with subsection tion of sections 922 and 924, United States designate not less than 1 assistant United (b)(2). Code, and section 5861 of the Internal Rev- States attorney to prosecute violations of SEC. 107. PROSECUTION OF FELONS AND FUGI- enue Code of 1986; Federal firearms laws; TIVES WHO ATTEMPT TO ILLEGALLY (E) in any case described in subparagraph (5) provide for the hiring of agents for the PURCHASE FIREARMS. (D) in which the charging document contains Bureau of Alcohol, Tobacco, Firearms, and (a) TASKFORCE.— a count or counts alleging a violation of sec- Explosives to investigate violations of the (1) ESTABLISHMENT.—There is established a tions 922 and 924, United States Code, and provisions referred to in paragraph (2), task force within the Department of Justice, section 5861 of the Internal Revenue Code of United States Code, relating to firearms; and which shall be known as the Felon and Fugi- 1986, whether a plea agreement of any kind (6) ensure that each person referred to the tive Firearm Task Force (referred to in this has been entered into with such charged in- United States attorney under paragraph (2) section as the ‘‘Task Force’’), to strengthen dividual; be charged with a violation of the most seri- the efforts of the Department of Justice to (F) whether any plea agreement described ous Federal firearm offense consistent with investigate and prosecute cases of convicted in subparagraph (E) required that the indi- the act committed. felons and fugitives from justice who ille- vidual plead guilty, to enter a plea of nolo (c) COVERED JURISDICTIONS.— gally attempt to purchase a firearm. contendere, or otherwise caused a court to (1) IN GENERAL.—Subject to paragraph (2), (2) MEMBERSHIP.—The members of the Task enter a conviction against that individual the jurisdictions specified in this subsection Force shall be— for a violation of sections 922 and 924, United are— (A) the Deputy Attorney General, who States Code, and section 5861 of the Internal (A) the 10 jurisdictions with a population shall serve as the Chairperson of the Task Revenue Code of 1986; equal to or greater than 100,000 persons that Force; (G) in any case described in subparagraph had the highest total number of homicides (B) the Assistant Attorney General for the (F) in which the plea agreement did not re- according to the uniform crime report of the Criminal Division; quire that the individual plead guilty, enter Federal Bureau of Investigation for the most (C) the Director of the Bureau of Alcohol, a plea of nolo contendere, or otherwise cause recent year available; Tobacco, Firearms, and Explosives; a court to enter a conviction against that in- (B) the 5 jurisdictions with such a popu- (D) the Director of the Federal Bureau of dividual for a violation of sections 922 and lation, other than the jurisdictions covered Investigation; and 924, United States Code, and section 5861 of by paragraph (1), with the highest per capita (E) such other officers or employees of the the Internal Revenue Code of 1986, identifica- rate of homicide according to the uniform Department of Justice as the Attorney Gen- tion of the charges to which that individual crime report of the Federal Bureau of Inves- eral may designate. did plead guilty; tigation for the most recent year available; (3) DUTIES.—The Task Force shall— (H) in the case of an indictment, informa- and (A) provide direction for the investigation tion, or other charge described in subpara- (C) the 3 tribal jurisdictions that have the and prosecution of cases of convicted felons graph (C), in which the charging document highest homicide crime rates, as determined and fugitives from justice attempting to ille- contains a count or counts alleging a viola- by the Attorney General. gally purchase a firearm; and tion of sections 922 and 924, United States (2) LIMITATION.—The 15 jurisdictions de- (B) provide recommendations to the Attor- Code, and section 5861 of the Internal Rev- scribed in subparagraphs (A) and (B) shall ney General relating to— enue Code of 1986, the result of any trial of not include any jurisdiction other than those (i) the allocation and reallocation of re- such charges (guilty, not guilty, mistrial); within the 50 States. sources of the Department of Justice for in- (I) in the case of an indictment, informa- (d) ANNUAL REPORTS.—Not later than 1 vestigation and prosecution of cases of con- tion, or other charge described in subpara- year after the date of enactment of this Act, victed felons and fugitives from justice at- graph (C), in which the charging document an annually thereafter, the Attorney Gen- tempting to illegally purchase a firearm; did not contain a count or counts alleging a eral shall submit to the Committee on the (ii) enhancing cooperation among agencies violation of sections 922 and 924, United Judiciary of the Senate and the Committee and entities of the Federal Government in

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2755 the investigation and prosecution of cases of received in interstate or foreign commerce, rently provided by the guidelines and policy convicted felons and fugitives from justice for or on behalf of any other person who the statements for such straw purchasing and attempting to illegally purchase a firearm; person purchasing or otherwise obtaining the firearms trafficking offenses. In its review, (iii) enhancing cooperation among Federal, firearm knows— the Commission shall consider, in particular, State, and local authorities responsible for ‘‘(A) is prohibited from possessing or rean appropriate amendment to reflect the in- the investigation and prosecution of cases of ceiving a firearm under subsection (g) or (n) tent of Congress that straw purchasers with- convicted felons and fugitives from justice of section 922; out significant criminal histories receive attempting to illegally purchase a firearm; ‘‘(B) intends to use, carry, possess, or sell sentences that are sufficient to deter partici- and or otherwise dispose of the firearm in fur- pation in such activities. The Commission (iv) changes in rules, regulations, or policy therance of a crime of violence, a drug traf- shall also review and amend its guidelines to improve the effective investigation and ficking crime, or a Federal crime of ter- and policy statements to reflect the intent of prosecution of cases of convicted felons and rorism; Congress that a person convicted of an of- fugitives from justice attempting to illegally ‘‘(C) intends to engage in conduct that fense under section 932 or 933 of title 18, purchase a firearm. would constitute a crime of violence, a drug United States Code, who is affiliated with a (4) MEETINGS.—The Task Force shall meet trafficking crime, or a Federal crime of ter- gang, cartel, organized crime ring, or other not less than once a year. rorism if the conduct had occurred within such enterprise should be subject to higher (5) TERMINATION.—The Task Force shall the United States; or penalties than an otherwise unaffiliated in- terminate on the date that is 5 years after ‘‘(D) is not a resident of any State and is dividual. the date of enactment of this Act. not a citizen or lawful permanent resident of SEC. 110. INCREASED PENALTIES FOR LYING AND (b) AUTHORIZATION FOR USE OF FUNDS.— the United States; or BUYING. Section 524(c)(1) of title 28, United States ‘‘(2) willfully procure another to engage in Section 924(a)(1) of title 18, United States Code, is amended— conduct described in paragraph (1). Code, is amended in the undesignated matter (1) in subparagraph (H), by striking ‘‘and’’ ‘‘(c) PENALTY.—Any person who violates following subparagraph (D) by striking ‘‘five at the end; subsection (b) shall be fined under this title, years’’ and inserting the following: ‘‘5 years (2) in subparagraph (I), by striking the pe- imprisoned not more than 15 years, or both. (or, in the case of a violation under subpara- riod at the end and inserting ‘‘; and’’; and ‘‘§ 933. Trafficking in firearms graph (A), not more than 10 years)’’. (3) by inserting after subparagraph (I) the ‘‘(a) DEFINITIONS.—For purposes of this sec- SEC. 111. AMENDMENTS TO SECTION 924(a). following: Section 924(a) of title 18, United States ‘‘(J) the investigation and prosecution of tion— ‘‘(1) the term ‘crime of violence’ has the Code, is amended— cases of convicted felons and fugitives from (1) in paragraph (2), by striking ‘‘(d), (g),’’; justice who illegally attempt to purchase a meaning given that term in section 924(c)(3); ‘‘(2) the term ‘drug trafficking crime’ has and firearm, in accordance with section 107 of the (2) by adding at the end the following: Protecting Communities and Preserving the the meaning given that term in section 924(c)(2); and ‘‘(8) Whoever knowingly violates sub- Second Amendment Act of 2013, provided section (d), (g), or (n) of section 922 shall be that— ‘‘(3) the term ‘Federal crime of terrorism’ has the meaning given that term in section fined under this title, imprisoned not more ‘‘(i) not more than $10,000,000 shall be than 15 years, or both.’’. available to the Attorney General for each of 2332b(g). SEC. 112. AMENDMENTS TO SECTION 924(h). fiscal years 2014 through 2018 under this sub- ‘‘(b) OFFENSE.—It shall be unlawful for any Section 924 of title 18, United States Code, paragraph; and person to— is amended by striking subsection (h) and in- ‘‘(ii) not more than 5 percent of the ‘‘(1) ship, transport, transfer, or otherwise dispose of 2 or more firearms to another per- serting the following: amounts made available under this subpara- ‘‘(h) Whoever knowingly receives or trans- graph may be used for the administrative son in or otherwise affecting interstate or foreign commerce, if the transferor knows fers a firearm or ammunition, or attempts or costs of the task force established under sec- conspires to do so, knowing that such fire- tion 107 of the Protecting Communities and that the use, carrying, or possession of a firearm by the transferee would violate sub- arm or ammunition will be used to commit a Preserving the Second Amendment Act of crime of violence (as defined in subsection 2013.’’. section (g) or (n) of section 922, or constitute a crime of violence, a drug trafficking crime, (c)(3)), a drug trafficking crime (as defined in SEC. 108. LIMITATION ON OPERATIONS BY THE subsection (c)(2)), a Federal crime of ter- DEPARTMENT OF JUSTICE. or a Federal crime of terrorism; rorism (as defined in section 2332b(g)), or a The Department of Justice, and any of its ‘‘(2) receive from another person 2 or more crime under the Arms Export Control Act (22 law enforcement coordinate agencies, shall firearms in or otherwise affecting interstate U.S.C. 2751 et seq.), the International Emer- not conduct any operation where a Federal or foreign commerce, if the recipient— firearms licensee is directed, instructed, en- ‘‘(A) knows that such receipt would violate gency Economic Powers Act (50 U.S.C. 1701 ticed, or otherwise encouraged by the De- subsection (g) or (n) of section 922; or et seq.), or the Foreign Narcotics Kingpin partment of Justice to sell a firearm to an ‘‘(B) intends to use the firearm in further- Designation Act (21 U.S.C. 1901 et seq.), shall individual if the Department of Justice, or a ance of a crime of violence, a drug traf- be imprisoned not more than 15 years, fined coordinate agency, knows or has reasonable ficking crime, or a Federal crime of ter- in accordance with this title, or both.’’. cause to believe that such an individual is rorism; or SEC. 113. AMENDMENTS TO SECTION 924(k). purchasing on behalf of another for an illegal ‘‘(3) attempt or conspire to commit the Section 924 of title 18, United States Code, purpose unless the Attorney General, the conduct described in paragraph (1) or (2). is amended by striking subsection (k) and in- Deputy Attorney General, or the Assistant ‘‘(c) PENALTIES.— serting the following: Attorney General for the Criminal Division ‘‘(1) IN GENERAL.—Any person who violates ‘‘(k)(1) A person who, with intent to engage personally reviews and approves the oper- subsection (b) shall be fined under this title, in or promote conduct that— ation, in writing, and determines that the imprisoned not more than 15 years, or both. ‘‘(A) is punishable under the Controlled agency has prepared an operational plan that ‘‘(2) ORGANIZER.—If a violation of sub- Substances Act (21 U.S.C. 801 et seq.), the includes sufficient safeguards to prevent section (b) is committed by a person acting Controlled Substances Import and Export firearms from being transferred to third par- in concert with other persons as an orga- Act (21 U.S.C. 951 et seq.), or chapter 705 of ties without law enforcement taking reason- nizer, leader, supervisor, or manager, the title 46; able steps to lawfully interdict those fire- person shall be fined under this title, impris- ‘‘(B) violates any law of a State relating to arms. oned not more than 20 years, or both.’’. any controlled substance (as defined in sec- SEC. 109. STRAW PURCHASING OF FIREARMS. (b) TECHNICAL AND CONFORMING AMEND- tion 102 of the Controlled Substances Act, 21 (a) IN GENERAL.—Chapter 44 of title 18, MENT.—The table of sections for chapter 44 of U.S.C. 802); United States Code, is amended by adding at title 18, United States Code, is amended by ‘‘(C) constitutes a crime of violence (as de- the end the following: inserting after the item relating to section fined in subsection (c)(3)); or ‘‘§ 932. Straw purchasing of firearms 931 the following: ‘‘(D) constitutes a Federal crime of ter- ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘932. Straw purchasing of firearms. rorism (as defined in section 2332b(g)), tion— ‘‘933. Trafficking in firearms.’’. smuggles or knowingly brings into the ‘‘(1) the term ‘crime of violence’ has the (c) DIRECTIVE TO THE SENTENCING COMMIS- United States, a firearm or ammunition, or meaning given that term in section 924(c)(3); SION.—Pursuant to its authority under sec- attempts or conspires to do so, shall be im- ‘‘(2) the term ‘drug trafficking crime’ has tion 994 of title 28, United States Code, and prisoned not more than 15 years, fined under the meaning given that term in section in accordance with this section, the United this title, or both. 924(c)(2); and States Sentencing Commission shall review ‘‘(2) A person who, with intent to engage in ‘‘(3) the term ‘Federal crime of terrorism’ and amend its guidelines and policy state- or to promote conduct that— has the meaning given that term in section ments to ensure that persons convicted of an ‘‘(A) would be punishable under the Con- 2332b(g). offense under section 932 or 933 of title 18, trolled Substances Act (21 U.S.C. 801 et seq.), ‘‘(b) OFFENSE.—It shall be unlawful for any United States Code, and other offenses appli- the Controlled Substances Import and Ex- person to— cable to the straw purchases and firearms port Act (21 U.S.C. 951 et seq.), or chapter 705 ‘‘(1) purchase or otherwise obtain a fire- trafficking of firearms are subject to in- of title 46, if the conduct had occurred within arm, which has been shipped, transported, or creased penalties in comparison to those cur- the United States; or

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2756 CONGRESSIONAL RECORD — SENATE April 17, 2013 ‘‘(B) would constitute a crime of violence (2) a summary of all purchases, solicita- ery, or other disposition of a firearm or am- (as defined in subsection (c)(3)) or a Federal tions, and expenditures on ammunition by munition— crime of terrorism (as defined in section each Federal agency; ‘‘(1) by a person licensed under this chapter 2332b(g)) for which the person may be pros- (3) a summary of all the rounds of ammuni- to another person so licensed, at any loca- ecuted in a court of the United States, if the tion expended by each Federal agency and a tion in any State; or conduct had occurred within the United current listing of stockpiled ammunition for ‘‘(2) by a licensed importer, licensed manu- States, each Federal agency; and facturer, or licensed dealer to a person not smuggles or knowingly takes out of the (4) an estimate of future ammunition needs licensed under this chapter, at a temporary United States, a firearm or ammunition, or and purchases for each Federal agency for location described in subsection (j) in any attempts or conspires to do so, shall be im- the next fiscal year. State.’’. prisoned not more than 15 years, fined under SEC. 117. REDUCTION OF BYRNE JAG FUNDS FOR (c) RESIDENCE OF UNITED STATES OFFI- this title, or both.’’. STATE FAILURE TO PROVIDE MEN- CERS.—Section 921 of title 18, United States SEC. 114. MULTIPLE SALES REPORTS FOR RIFLES TAL HEALTH RECORDS TO NICS. Code, is amended by striking subsection (b) AND SHOTGUNS. Section 104(b) of the NICS Improvement and inserting the following: Section 923(g)(5) of title 18, United States Amendments Act of 2007 (18 U.S.C. 922 note) ‘‘(b) For purposes of this chapter: Code, is amended by adding at the end the is amended— ‘‘(1) A member of the Armed Forces on ac- following: (1) by striking paragraphs (1) and (2); tive duty, or a spouse of such a member, is a ‘‘(C) The Attorney General may not re- (2) by redesignating paragraph (3) as para- resident of— quire a licensee to submit ongoing or peri- graph (2); ‘‘(A) the State in which the member or odic reporting of the sale or other disposi- (3) in paragraph (2), as redesignated, by spouse maintains legal residence; tion of 2 or more rifles or shotguns during a striking ‘‘of paragraph (2)’’ and inserting ‘‘of ‘‘(B) the State in which the permanent specified period of time.’’. paragraph (1)’’; and duty station of the member is located; and SEC. 115. STUDY BY THE NATIONAL INSTITUTES (4) by inserting before paragraph (2), as re- ‘‘(C) the State in which the member main- OF JUSTICE AND NATIONAL ACAD- designated, the following: tains a place of abode from which the mem- EMY OF SCIENCES ON THE CAUSES ‘‘(1) REDUCTION FOR FAILURE TO PROVIDE ber commutes each day to the permanent OF MASS SHOOTINGS. MENTAL HEALTH RECORDS.— duty station of the member. (a) IN GENERAL.— ‘‘(A) IN GENERAL.—During the period begin- ‘‘(2) An officer or employee of the United (1) STUDY.—Not later than 90 days after the ning on the date that is 18 months after the States (other than a member of the Armed date of enactment of this Act, the Attorney date of enactment of the Protecting Commu- General shall instruct the Director of the Forces) who is stationed outside the United nities and Preserving the Second Amend- National Institutes of Justice, to conduct a States for a period of more than 1 year, and ment Act of 2013 and ending on the day be- peer-reviewed study to examine various a spouse of such an officer or employee, is a fore the date described in subparagraph (B), sources and causes of mass shootings includ- resident of the State in which the person ing psychological factors, the impact of vio- the Attorney General shall withhold 5 per- maintains legal residence.’’. lent video games, and other factors. The Di- cent of the amount that would otherwise be SEC. 119. FIREARM DEALER ACCESS TO LAW EN- rector shall enter into a contract with the allocated to a State under section 505 of the FORCEMENT INFORMATION. National Academy of Sciences to conduct Omnibus Crime Control and Safe Streets Act (a) IN GENERAL.—Section 103(b) of the Brady Handgun Violence Prevention Act (18 this study jointly with an independent panel of 1968 (42 U.S.C. 3755) if the State does not— U.S.C. 922 note), is amended— of 5 experts appointed by the Academy. ‘‘(i) provide not less than 90 percent of the records required to be provided under sec- (1) by striking ‘‘Not later than’’ and insert- (2) REPORT.—Not later than 1 year after ing the following: the date on which the study required under tions 102 and 103; or ‘‘(1) IN GENERAL.—Not later than’’; and paragraph (1) begins, the Directors shall sub- ‘‘(ii) have in effect a statute that— (2) by adding at the end the following: mit to Congress a report detailing the find- ‘‘(I) requires the State to provide the ‘‘(2) VOLUNTARY BACKGROUND CHECKS.— ings of the study. records required to be provided under sec- ‘‘(A) IN GENERAL.—Not later than 90 days (b) ISSUES EXAMINED.—The study con- tions 102 and 103; and ducted under subsection (a)(1) shall exam- ‘‘(II) implements a relief from disabilities after the date of enactment of the Protecting ine— program in accordance with section 105. Communities and Preserving the Second (1) mental illness; ‘‘(B) FINAL IMPLEMENTATION DEADLINE.—Be- Amendment Act of 2013, the Attorney Gen- (2) the availability of mental health and ginning on the date that is 5 years after the eral shall promulgate regulations allowing other resources and strategies to help fami- date of enactment of the Protecting Commu- licensees to use the national instant crimi- lies detect and counter tendencies toward vi- nities and Preserving the Second Amend- nal background check system established olence; ment Act of 2013, the Attorney General shall under this section for purposes of conducting (3) the availability of mental health and withhold 10 percent of the amount that voluntary, no fee employment background other resources at schools to help detect and would otherwise be allocated to a State checks on current or prospective employees. counter tendencies of students towards vio- under section 505 of the Omnibus Crime Con- ‘‘(B) NOTICE.—Before conducting an em- lence; trol and Safe Streets Act of 1968 (42 U.S.C. ployment background check relating to an (4) the extent to which perpetrators of 3755) if the State does not have in effect a individual under subparagraph (A), a licensee mass shootings, either alleged, convicted, de- statute described in subparagraph (A)(ii) of shall— ceased, or otherwise, played violent or adult- this paragraph.’’. ‘‘(i) provide written notice to the indi- themed video games and whether the per- SEC. 118. FIREARM COMMERCE MODERNIZATION. vidual that the licensee intends to conduct petrators of mass shootings discussed, (a) FIREARMS DISPOSITIONS.—Section the background check; and planned, or used violent or adult-themed 922(b)(3) of title 18, United States Code, is ‘‘(ii) obtain consent to conduct the back- video games in preparation of or to assist in amended— ground check from the individual in writing. carrying out their violent actions; (1) in the matter preceding subparagraph ‘‘(C) EXEMPTION.—An employment back- (5) familial relationships, including the (A), by striking ‘‘located’’ and inserting ‘‘lo- ground check conducted by a licensee under level of involvement and awareness of par- cated or temporarily located’’; and subparagraph (A) shall not governed by the ents; (2) in subparagraph (A)— Fair Credit Reporting Act (15 U.S.C. 1681 et (6) exposure to bullying; and (A) by striking ‘‘rifle or shotgun’’ and in- seq.). (7) the extent to which perpetrators of serting ‘‘firearm’’; ‘‘(D) APPEAL.—Any individual who is the mass shootings were acting in a ‘‘copycat’’ (B) by striking ‘‘located’’ and inserting subject of an employment background check manner based upon previous violent events. ‘‘located or temporarily located’’; and conducted by a licensee under subparagraph SEC. 116. REPORTS TO CONGRESS REGARDING (C) by striking ‘‘both such States’’ and in- (A) the result of which indicates that the in- AMMUNITION PURCHASES BY FED- serting ‘‘the State in which the transfer is dividual is a prohibited from possessing a ERAL AGENCIES. conducted and the State of residence of the firearm or ammunition pursuant to sub- Not later than 1 year after the date of en- transferee’’. section (g) or (n) of section 922 of title 18, actment of this Act, the Director of the Of- (b) DEALER LOCATION.—Section 923 of title United States Code, may appeal the results fice of Management and Budget, shall report 18, United States Code, is amended— of the background check in the same manner to the Speaker of the House of Representa- (1) in subsection (j)— and to the same extent as if the individual tives, the President Pro Tempore of the Sen- (A) in the first sentence, by striking ‘‘, and had been the subject of a background check ate, and the Chairmen and Ranking Members such location is in the State which is speci- relating to the transfer of a firearm.’’. of the House and Senate Committee on Ap- fied on the license’’; and (b) ACQUISITION, PRESERVATION, AND EX- propriations and the Committee on the Judi- (B) in the last sentence— CHANGE OF IDENTIFICATION RECORDS AND IN- ciary, the House Committee on Homeland (i) by inserting ‘‘transfer,’’ after ‘‘sell,’’; FORMATION.—Section 534 of title 28, United Security, the Senate Committee on Home- and States Code, is amended— land Security and Government Affairs, and (ii) by striking ‘‘Act,’’ and all that follows (1) in subsection (a)— the House Committee on Government Re- and inserting ‘‘Act.’’; and (A) in paragraph (3), by striking ‘‘and’’ at form and Oversight, a report including— (2) by adding at the end the following: the end; (1) details of all purchases of ammunition ‘‘(m) Nothing in this chapter shall be con- (B) in paragraph (4), by striking the period by each Federal agency; strued to prohibit the sale, transfer, deliv- at the end and inserting ‘‘; and’’; and

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2757 (C) by inserting after paragraph (4) the fol- ‘‘(2) transport ammunition for any lawful stance abuse disorders during arrest or con- lowing: purpose from any place where the person finement or before any court; or ‘‘(5) provide a person licensed as an im- may lawfully possess, carry, or transport the ‘‘(III) in the case of a veterans treatment porter, manufacturer, or dealer of firearms ammunition, to any other such place if, dur- court provided under subsection (i), has been under chapter 44 of title 18 with information ing the transportation— diagnosed with, or manifests obvious signs necessary to verify whether firearms offered ‘‘(A) the ammunition is not loaded into a of, mental illness or a substance abuse dis- for sale to such licensees have been stolen.’’; firearm; and order or co-occurring mental illness and sub- and ‘‘(B)(i) if the transportation is by motor stance abuse disorder; and (2) in subsection (b), by inserting ‘‘, except vehicle— ‘‘(ii) has been unanimously approved for for dissemination authorized under sub- ‘‘(I) the ammunition is not directly acces- participation in a program funded under this section (a)(5) of this section’’ before the pe- sible from the passenger compartment of the section by, when appropriate, the relevant— riod. motor vehicle; or ‘‘(I) prosecuting attorney; (c) REGULATIONS.—Not later than 90 days ‘‘(II) if the motor vehicle is without a com- ‘‘(II) defense attorney; after the date of enactment of this Act, and partment separate from the passenger com- ‘‘(III) probation or corrections official; without regard to chapter 5 of title 5, United partment, the ammunition is in a locked ‘‘(IV) judge; and States Code, the Attorney General shall pro- container other than the glove compartment ‘‘(V) a representative from the relevant mulgate regulations allowing a person li- or console; or mental health agency described in sub- censed as an importer, manufacturer, or ‘‘(ii) if the transportation is by other section (b)(5)(B)(i). dealer of firearms under chapter 44 of title means, the ammunition is in a locked con- ‘‘(B) DETERMINATION.—In determining 18, United States Code, to receive access to tainer. whether to designate a defendant as a pre- records of stolen firearms maintained by the ‘‘(c) STATE LAW.— liminarily qualified offender, the relevant National Crime Information Center operated ‘‘(1) ARREST AUTHORITY.—A person who is prosecuting attorney, defense attorney, pro- by the Federal Bureau of Investigation, sole- transporting a firearm or ammunition may bation or corrections official, judge, and ly for the purpose of voluntarily verifying not be— mental health or substance abuse agency whether firearms offered for sale to such li- ‘‘(A) arrested for violation of any law or representative shall take into account— censees have been stolen. any rule or regulation of a State, or any po- ‘‘(i) whether the participation of the de- (d) STATUTORY CONSTRUCTION; EVIDENCE.— litical subdivision thereof, relating to the fendant in the program would pose a sub- (1) STATUTORY CONSTRUCTION.—Nothing in possession, transportation, or carrying of stantial risk of violence to the community; this section or the amendments made by this firearms or ammunition, unless there is ‘‘(ii) the criminal history of the defendant section shall be construed— probable cause to believe that the transpor- and the nature and severity of the offense for (A) to create a cause of action against any tation is not in accordance with subsection which the defendant is charged; person licensed as an importer, manufac- (b); or ‘‘(iii) the views of any relevant victims to turer, or dealer of firearms under chapter 44 ‘‘(B) detained for violation of any law or the offense; of title 18, United States Code or any other any rule or regulation of a State, or any po- ‘‘(iv) the extent to which the defendant person for any civil liability; or litical subdivision thereof, relating to the would benefit from participation in the pro- (B) to establish any standard of care. possession, transportation, or carrying of gram; (2) EVIDENCE.—Notwithstanding any other firearms or ammunition, unless there is rea- ‘‘(v) the extent to which the community provision of law, evidence regarding the use sonable suspicion that the transportation is would realize cost savings because of the de- or non-use by a person licensed as an im- not in accordance with subsection (b). fendant’s participation in the program; and porter, manufacturer, or dealer of firearms ‘‘(2) PROSECUTION.— ‘‘(vi) whether the defendant satisfies the under chapter 44 of title 18, United States ‘‘(A) BURDEN OF PROOF.—If a person asserts eligibility criteria for program participation Code of the systems, information, or records this section as a defense in a criminal pro- unanimously established by the relevant made available under this section or the ceeding, the government shall bear the bur- prosecuting attorney, defense attorney, pro- amendments made by this section shall not den of proving, beyond a reasonable doubt, bation or corrections official, judge and men- be admissible as evidence in any proceeding that the conduct of the person was not in ac- tal health or substance abuse agency rep- of any court, agency, board, or other entity. cordance with subsection (b). resentative.’’. SEC. 120. INTERSTATE TRANSPORTATION OF ‘‘(B) PREVAILING DEFENDANT.—If a person (2) TECHNICAL AND CONFORMING AMEND- FIREARMS OR AMMUNITION. successfully asserts this section as a defense MENT.—Section 2927(2) of the Omnibus Crime (a) IN GENERAL.—Section 926A of title 18, in a criminal proceeding, the court shall Control and Safe Streets Act of 1968 (42 United States Code, is amended to read as U.S.C. 3797s–6(2)) is amended by striking follows: award the prevailing defendant reasonable attorney’s fees.’’. ‘‘has the meaning given that term in section ‘‘§ 926A. Interstate transportation of firearms (b) TECHNICAL AND CONFORMING AMEND- 2991(a).’’ and inserting ‘‘means an offense or ammunition MENT.—The table of sections for chapter 44 of that— ‘‘(a) DEFINITION.—In this section, the term title 18, United States Code, is amended by ‘‘(A) does not have as an element the use, ‘transport’ includes staying in temporary striking the item relating to section 926A attempted use, or threatened use of physical lodging overnight, stopping for food, fuel, ve- and inserting the following: force against the person or property of an- hicle maintenance, an emergency, medical other; or ‘‘926A. Interstate transportation of firearms treatment, and any other activity incidental ‘‘(B) is not a felony that by its nature in- or ammunition.’’. to the transport. volves a substantial risk that physical force ‘‘(b) AUTHORIZATION.—Notwithstanding any TITLE II—MENTAL HEALTH against the person or property of another provision of any law (including a rule or reg- SEC. 201. REAUTHORIZATION AND ADDITIONAL may be used in the course of committing the ulation) of a State or any political subdivi- AMENDMENTS TO THE MENTALLY offense.’’. sion thereof, a person who is not prohibited ILL OFFENDER TREATMENT AND (b) EVIDENCE BASED PRACTICES.—Section by this chapter from possessing, trans- CRIME REDUCTION ACT. 2991(c) of title I of the Omnibus Crime Con- porting, shipping, or receiving a firearm or (a) SAFE COMMUNITIES.— trol and Safe Streets Act of 1968 (42 U.S.C. ammunition shall be entitled to— (1) IN GENERAL.—Section 2991(a) of the Om- 3797aa(c)) is amended— ‘‘(1) transport a firearm for any lawful pur- nibus Crime Control and Safe Streets Act of (1) in paragraph (3), by striking ‘‘or’’ at the pose from any place where the person may 1968 (42 U.S.C. 3797aa(a)) is amended— end; lawfully possess, carry, or transport the fire- (A) in paragraph (7)— (2) by redesignating paragraph (4) as para- arm to any other such place if, during the (i) in the heading, by striking ‘‘MENTAL graph (6); and transportation— ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; (3) by inserting after paragraph (3) the fol- ‘‘(A) the firearm is unloaded; and MENTAL HEALTH DISORDER’’; and lowing: ‘‘(B)(i) if the transportation is by motor (ii) by striking ‘‘term ‘mental illness’ ‘‘(4) propose interventions that have been vehicle— means’’ and inserting ‘‘terms ‘mental illness’ shown by empirical evidence to reduce re- ‘‘(I) the firearm is not directly accessible and ‘mental health disorder’ mean’’; and cidivism; from the passenger compartment of the (B) by striking paragraph (9) and inserting ‘‘(5) when appropriate, use validated as- motor vehicle; or the following: sessment tools to target preliminarily quali- ‘‘(II) if the motor vehicle is without a com- ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— fied offenders with a moderate or high risk of partment separate from the passenger com- ‘‘(A) IN GENERAL.—The term ‘preliminarily recidivism and a need for treatment and partment, the firearm is— qualified offender’ means an adult or juve- services; or’’. ‘‘(aa) in a locked container other than the nile accused of an offense who— (c) ACADEMY TRAINING.—Section 2991(h) of glove compartment or console; or ‘‘(i)(I) previously or currently has been di- title I of the Omnibus Crime Control and ‘‘(bb) secured by a secure gun storage or agnosed by a qualified mental health profes- Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) safety device; or sional as having a mental illness or co-occur- is amended— ‘‘(ii) if the transportation is by other ring mental illness and substance abuse dis- (1) in paragraph (1), by adding at the end means, the firearm is in a locked container orders; the following: or secured by a secure gun storage or safety ‘‘(II) manifests obvious signs of mental ill- ‘‘(F) ACADEMY TRAINING.—To provide sup- device; and ness or co-occurring mental illness and sub- port for academy curricula, law enforcement

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2758 CONGRESSIONAL RECORD — SENATE April 17, 2013 officer orientation programs, continuing ‘‘(ii) promote effective strategies to iden- ‘‘(ii) to provide training on how to respond education training, and other programs that tify and reduce the risk of harm to qualified appropriately to the unique issues involving teach law enforcement personnel how to veterans and public safety; and high utilizers for public service personnel, identify and respond to incidents involving ‘‘(iii) propose interventions with empirical including criminal justice, mental health, persons with mental health disorders or co- support to improve outcomes for qualified substance abuse, emergency room, occurring mental health and substance abuse veterans.’’. healthcare, law enforcement, corrections, disorders.’’; and (e) CORRECTIONAL FACILITIES; HIGH UTI- and housing personnel; (2) by adding at the end the following: LIZERS.—Section 2991 of the Omnibus Crime ‘‘(iii) to develop or support alternatives to ‘‘(4) PRIORITY CONSIDERATION.—The Attor- Control and Safe Streets Act of 1968 (42 hospital and jail admissions for high uti- ney General, in awarding grants under this U.S.C. 3797aa) is amended by inserting after lizers that provide treatment, stabilization, subsection, shall give priority to programs subsection (i), as so added by subsection (d), and other appropriate supports in the least that law enforcement personnel and mem- the following: restrictive, yet appropriate, environment; or bers of the mental health and substance ‘‘(j) CORRECTIONAL FACILITIES.— ‘‘(iv) to develop protocols and systems abuse professions develop and administer co- ‘‘(1) DEFINITIONS.— among law enforcement, mental health, sub- operatively.’’. ‘‘(A) CORRECTIONAL FACILITY.—The term stance abuse, housing, corrections, and (d) ASSISTING VETERANS.— ‘correctional facility’ means a jail, prison, or emergency medical service operations to other detention facility used to house people Section 2991 of the Omnibus Crime Control provide coordinated assistance to high uti- who have been arrested, detained, held, or and Safe Streets Act of 1968 (42 U.S.C. 3797aa) lizers. convicted by a criminal justice agency or a is amended— ‘‘(C) REPORT.—Not later than the last day court. (A) by redesignating subsection (i) as sub- of the first year following the fiscal year in ‘‘(B) ELIGIBLE INMATE.—The term ‘eligible section (n); and which a grant is awarded under this sub- inmate’ means an individual who— (B) by inserting after subsection (h) the section, the recipient of the grant shall sub- ‘‘(i) is being held, detained, or incarcerated following: mit to the Attorney General a report that— ‘‘(i) ASSISTING VETERANS.— in a correctional facility; and ‘‘(i) measures the performance of the grant ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(ii) manifests obvious signs of a mental recipient in reducing the use of public serv- ‘‘(A) PEER TO PEER SERVICES OR PRO- illness or has been diagnosed by a qualified ices by high utilizers; and GRAMS.—The term ‘peer to peer services or mental health professional as having a men- ‘‘(ii) provides a model set of practices, sys- programs’ means services or programs that tal illness. tems, or procedures that other jurisdictions connect qualified veterans with other vet- ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The can adopt to reduce the use of public services erans for the purpose of providing support Attorney General may award grants to appli- by high utilizers.’’. and mentorship to assist qualified veterans cants to enhance the capabilities of a correc- in obtaining treatment, recovery, stabiliza- tional facility— (f) GRANT ACCOUNTABILITY.—Section 2991 of tion, or rehabilitation. ‘‘(A) to identify and screen for eligible in- the Omnibus Crime Control and Safe Streets ‘‘(B) QUALIFIED VETERAN.—The term ‘quali- mates; Act of 1968 (42 U.S.C. 3797aa) is amended by fied veteran’ means a preliminarily qualified ‘‘(B) to plan and provide— inserting after subsection (i), as so added by offender who— ‘‘(i) initial and periodic assessments of the subsection (e), the following: ‘‘(i) has served on active duty in any clinical, medical, and social needs of in- ‘‘(l) ACCOUNTABILITY.—All grants awarded branch of the Armed Forces, including the mates; and by the Attorney General under this section National Guard and reserve components; and ‘‘(ii) appropriate treatment and services shall be subject to the following account- ‘‘(ii) was discharged or released from such that address the mental health and sub- ability provisions: service under conditions other than dishon- stance abuse needs of inmates; ‘‘(1) AUDIT REQUIREMENT.— orable. ‘‘(C) to develop, implement, and enhance— ‘‘(A) DEFINITION.—In this paragraph, the ‘‘(C) VETERANS TREATMENT COURT PRO- ‘‘(i) post-release transition plans for eligi- term ‘unresolved audit finding’ means a find- GRAM.—The term ‘veterans treatment court ble inmates that, in a comprehensive man- ing in the final audit report of the Inspector program’ means a court program involving ner, coordinate health, housing, medical, General of the Department of Justice that collaboration among criminal justice, vet- employment, and other appropriate services the audited grantee has utilized grant funds erans, and mental health and substance and public benefits; for an unauthorized expenditure or otherwise abuse agencies that provides qualified vet- ‘‘(ii) the availability of mental health care unallowable cost that is not closed or re- erans with— services and substance abuse treatment serv- solved within 12 months from the date when ‘‘(i) intensive judicial supervision and case ices; and the final audit report is issued. management, which may include random and ‘‘(iii) alternatives to solitary confinement ‘‘(B) AUDITS.—Beginning in the first fiscal frequent drug testing where appropriate; and segregated housing and mental health year beginning after the date of enactment ‘‘(ii) a full continuum of treatment serv- screening and treatment for inmates placed of this subsection, and in each fiscal year ices, including mental health services, sub- in solitary confinement or segregated hous- thereafter, the Inspector General of the De- stance abuse services, medical services, and ing; and partment of Justice shall conduct audits of services to address trauma; ‘‘(D) to train each employee of the correc- recipients of grants under this section to ‘‘(iii) alternatives to incarceration; and tional facility to identify and appropriately prevent waste, fraud, and abuse of funds by ‘‘(iv) other appropriate services, including respond to incidents involving inmates with grantees. The Inspector General shall deter- housing, transportation, mentoring, employ- mental health or co-occurring mental health mine the appropriate number of grantees to ment, job training, education, and assistance and substance abuse disorders. be audited each year. in applying for and obtaining available bene- ‘‘(k) DEMONSTRATION GRANTS RESPONDING ‘‘(C) MANDATORY EXCLUSION.—A recipient fits. TO HIGH UTILIZERS.— of grant funds under this section that is ‘‘(2) VETERANS ASSISTANCE PROGRAM.— ‘‘(1) DEFINITION.—In this subsection, the found to have an unresolved audit finding ‘‘(A) IN GENERAL.—The Attorney General, term ‘high utilizer’ means an individual shall not be eligible to receive grant funds in consultation with the Secretary of Vet- who— under this section during the first 2 fiscal erans Affairs, may award grants under this ‘‘(A) manifests obvious signs of mental ill- years beginning after the end of the 12- subsection to applicants to establish or ex- ness or has been diagnosed by a qualified month period described in subparagraph (A). pand— mental health professional as having a men- ‘‘(D) PRIORITY.—In awarding grants under ‘‘(i) veterans treatment court programs; tal illness; and this section, the Attorney General shall give ‘‘(ii) peer to peer services or programs for ‘‘(B) consumes a significantly dispropor- priority to eligible applicants that did not qualified veterans; tionate quantity of public resources, such as have an unresolved audit finding during the ‘‘(iii) practices that identify and provide emergency, housing, judicial, corrections, 3 fiscal years before submitting an applica- treatment, rehabilitation, legal, transi- and law enforcement services. tion for a grant under this section. tional, and other appropriate services to ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO ‘‘(E) REIMBURSEMENT.—If an entity is qualified veterans who have been incarcer- HIGH UTILIZERS.— awarded grant funds under this section dur- ated; and ‘‘(A) IN GENERAL.—The Attorney General ing the 2-fiscal-year period during which the ‘‘(iv) training programs to teach criminal may award not more than 6 grants per year entity is barred from receiving grants under justice, law enforcement, corrections, men- under this subsection to applicants for the subparagraph (C), the Attorney General tal health, and substance abuse personnel purpose of reducing the use of public services shall— how to identify and appropriately respond to by high utilizers. ‘‘(i) deposit an amount equal to the incidents involving qualified veterans. ‘‘(B) USE OF GRANTS.—A recipient of a amount of the grant funds that were improp- ‘‘(B) PRIORITY.—In awarding grants under grant awarded under this subsection may use erly awarded to the grantee into the General this subsection, the Attorney General shall the grant— Fund of the Treasury; and give priority to applications that— ‘‘(i) to develop or support multidisci- ‘‘(ii) seek to recoup the costs of the repay- ‘‘(i) demonstrate collaboration between plinary teams that coordinate, implement, ment to the fund from the grant recipient and joint investments by criminal justice, and administer community-based crisis re- that was erroneously awarded grant funds. mental health, substance abuse, and vet- sponses and long-term plans for high uti- ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- erans service agencies; lizers; MENTS.—

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‘‘(A) DEFINITION.—For purposes of this ‘‘(2) REPORT.—If the Attorney General or experiencing an extended loss of con- paragraph and the grant programs under this awards duplicate grants to the same appli- sciousness shall not be considered adju- part, the term ‘nonprofit organization’ cant for the same purpose the Attorney Gen- dicated as a mental defective under sub- means an organization that is described in eral shall submit to the Committee on the section (d)(4) or (g)(4) of section 922 of title 18 section 501(c)(3) of the Internal Revenue Code Judiciary of the Senate and the Committee without the order or finding of a judge, mag- of 1986 and is exempt from taxation under on the Judiciary of the House of Representa- istrate, or other judicial authority of com- section 501(a) of such Code. tives a report that includes— petent jurisdiction that such person is a dan- ‘‘(B) PROHIBITION.—The Attorney General ‘‘(A) a list of all duplicate grants awarded, ger to himself or herself or others.’’. may not award a grant under this part to a including the total dollar amount of any du- (b) TECHNICAL AND CONFORMING AMEND- section organization that holds money in off- plicate grants awarded; and MENT.—The table of sections at the begin- shore accounts for the purpose of avoiding ‘‘(B) the reason the Attorney General ning of chapter 55 of title 38, United States paying the tax described in section 511(a) of awarded the duplicate grants.’’. Code, is amended by adding at the end the the Internal Revenue Code of 1986. (g) REAUTHORIZATION OF APPROPRIATIONS.— following: ‘‘(C) DISCLOSURE.—Each nonprofit organi- Section 2991(n) of title I of the Omnibus ‘‘5511. Conditions for treatment of certain zation that is awarded a grant under this Crime Control and Safe Streets Act of 1968, persons as adjudicated men- section and uses the procedures prescribed in as redesignated in subsection (d), is amend- tally incompetent for certain regulations to create a rebuttable presump- ed— purposes.’’. tion of reasonableness for the compensation (1) in paragraph (1); TITLE III—SCHOOL SAFETY of its officers, directors, trustees and key (A) in subparagraph (B), by striking ‘‘and’’ employees, shall disclose to the Attorney at the end; SEC. 301. SHORT TITLE. General, in the application for the grant, the (B) in subparagraph (C), by striking the pe- This title may be cited as the ‘‘School process for determining such compensation, riod and inserting ‘‘; and’’; and Safety Enhancements Act of 2013’’. including the independent persons involved (C) by adding at the end the following: SEC. 302. GRANT PROGRAM FOR SCHOOL SECU- in reviewing and approving such compensa- ‘‘(D) $40,000,000 for each of fiscal years 2015 RITY. tion, the comparability data used, and con- through 2019.’’; and Section 2701 of title I of the Omnibus temporaneous substantiation of the delibera- (2) by adding at the end the following: Crime Control and Safe Streets Act of 1968 tion and decision. Upon request, the Attor- ‘‘(3) LIMITATION.—Not more than 20 percent (42 U.S.C. 3797a) is amended— ney General shall make the information dis- of the funds authorized to be appropriated (1) in subsection (b)— closed under this subparagraph available for under this section may be used for purposes (A) in paragraph (1)— public inspection. described in subsection (i) (relating to vet- (i) by striking ‘‘Placement’’ and inserting ‘‘(3) CONFERENCE EXPENDITURES.— erans).’’. ‘‘Installation’’; and ‘‘(A) LIMITATION.—No amounts authorized SEC. 202. ADDITIONAL PURPOSES FOR FEDERAL (ii) by inserting ‘‘surveillance equipment,’’ to be appropriated to the Department of Jus- GRANTS. after ‘‘detectors,’’; tice under this section may be used by the (a) MODIFICATIONS TO THE EDWARD BYRNE (B) by redesignating paragraph (5) as para- Attorney General, or by any individual or MEMORIAL JUSTICE ASSISTANCE GRANT PRO- graph (6); and entity awarded discretionary funds through GRAM.—Section 501(a)(1) of title I of the Om- (C) by inserting after paragraph (4) the fol- a cooperative agreement under this section, nibus Crime Control and Safe Streets Act of lowing: to host or support any expenditure for con- 1968 (42 U.S.C. 3751(a)(1)) is amended by add- ‘‘(5) Establishment of hotlines or tiplines ferences that uses more than $20,000 in funds ing at the end the following: for the reporting of potentially dangerous made available by the Department of Jus- ‘‘(H) Mental health programs and oper- students and situations.’’; and tice, unless the Deputy Attorney General or ations by law enforcement or corrections.’’. (2) by adding at the end the following: such Assistant Attorney Generals, Directors, (b) MODIFICATIONS TO THE COMMUNITY ORI- ‘‘(g) INTERAGENCY TASK FORCE.— or principal deputies as the Deputy Attorney ENTED POLICING SERVICES PROGRAM.—Section ‘‘(1) ESTABLISHMENT.—Not later than 60 General may designate, provides prior writ- 1701(b) of title I of the Omnibus Crime Con- days after the date of enactment of the ten authorization that the funds may be ex- trol and Safe Streets Act of 1968 (42 U.S.C. School Safety Enhancements Act of 2013, the pended to host the conference. 3796dd(b)) is amended— Director and the Secretary of Education, or ‘‘(B) WRITTEN APPROVAL.—Written ap- (1) in paragraph (16), by striking ‘‘and’’ at the designee of the Secretary, shall establish proval under subparagraph (A) shall include an interagency task force to develop and pro- a written estimate of all costs associated the end; (2) by redesignating paragraph (17) as para- mulgate a set of advisory school safety with the conference, including the cost of all guidelines. food, beverages, audio-visual equipment, graph (19); ‘‘(2) PUBLICATION OF GUIDELINES.—Not later honoraria for speakers, and entertainment. (3) by inserting after paragraph (16) the following: than 1 year after the date of enactment of ‘‘(C) REPORT.—The Deputy Attorney Gen- the School Safety Enhancements Act of 2013, eral shall submit an annual report to the ‘‘(17) to provide specialized training to law the advisory school safety guidelines pro- Committee on the Judiciary of the Senate enforcement officers (including village pub- mulgated by the interagency task force shall and the Committee on the Judiciary of the lic safety officers (as defined in section 247 of be published in the Federal Register. House of Representatives on all conference the Indian Arts and Crafts Amendments Act ‘‘(3) REQUIRED CONSULTATION.—In devel- expenditures approved under this paragraph. of 2010 (42 U.S.C. 3796dd note))) to recognize individuals who have mental illness and how oping the final advisory school safety guide- ‘‘(4) ANNUAL CERTIFICATION.—Beginning in lines under this subsection, the interagency the first fiscal year beginning after the date to properly intervene with individuals with task force shall consult with stakeholders of enactment of this subsection, the Attor- mental illness and to establish programs and interested parties, including parents, ney General shall submit, to the Committee that enhance the ability of law enforcement teachers, and agencies.’’. on the Judiciary and the Committee on Ap- agencies to address the mental health, be- propriations of the Senate and the Com- havioral, and substance abuse problems of SEC. 303. APPLICATIONS. mittee on the Judiciary and the Committee individuals encountered in the line of duty; Section 2702(a)(2) of title I of the Omnibus on Appropriations of the House of Represent- ‘‘(18) to provide specialized training to cor- Crime Control and Safe Streets Act of 1968 atives, an annual certification— rections officers to recognize individuals who (42 U.S.C. 3797b(a)(2)) is amended to read as ‘‘(A) indicating whether— have mental illness and to enhance the abil- follows: ‘‘(i) all audits issued by the Office of the ity of corrections officers to address the ‘‘(2) be accompanied by a report— Inspector General under paragraph (1) have mental health or individuals under the care ‘‘(A) signed by the heads of each law en- been completed and reviewed by the appro- and custody of jails and prisons; and’’; and forcement agency and school district with priate Assistant Attorney General or Direc- (4) in paragraph (19), as redesignated, by jurisdiction over the schools where the safe- tor; striking ‘‘through (16)’’ and inserting ty improvements will be implemented; and ‘‘(ii) all mandatory exclusions required ‘‘through (18)’’. ‘‘(B) demonstrating that each proposed use under paragraph (1)(C) have been issued; and SEC. 203. CONDITIONS FOR TREATMENT OF CER- of the grant funds will be— ‘‘(iii) all reimbursements required under TAIN PERSONS AS ADJUDICATED ‘‘(i) an effective means for improving the MENTALLY INCOMPETENT FOR CER- safety of 1 or more schools; paragraph (1)(E) have been made; and TAIN PURPOSES. ‘‘(B) that includes a list of any grant re- ‘‘(ii) consistent with a comprehensive ap- (a) IN GENERAL.—Chapter 55 of title 38, cipients excluded under paragraph (1) from proach to preventing school violence; and United States Code, is amended by adding at the previous year.’’. ‘‘(iii) individualized to the needs of each the end the following: ‘‘(m) PREVENTING DUPLICATIVE GRANTS.— school at which those improvements are to ‘‘(1) IN GENERAL.—Before the Attorney ‘‘§ 5511. Conditions for treatment of certain be made.’’. General awards a grant to an applicant persons as adjudicated mentally incom- SEC. 304. AUTHORIZATION OF APPROPRIATIONS. under this section, the Attorney General petent for certain purposes Section 2705 of title I of the Omnibus shall compare potential grant awards with ‘‘In any case arising out of the administra- Crime Control and Safe Streets Act of 1968 other grants awarded under this Act to de- tion by the Secretary of laws and benefits (42 U.S.C. 3797e) is amended by striking ‘‘2001 termine if duplicate grant awards are award- under this title, a person who is mentally in- through 2009’’ and inserting ‘‘2014 through ed for the same purpose. capacitated, deemed mentally incompetent, 2023’’.

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SEC. 305. ACCOUNTABILITY. ‘‘(3) CONFERENCE EXPENDITURES.— At the end of title II, add the following: Section 2701 of title I of the Omnibus ‘‘(A) LIMITATION.—No amounts authorized SEC. 208. APPOINTMENT OF ASSISTANT UNITED Crime Control and Safe Streets Act of 1968 to be appropriated to the Department of Jus- STATES ATTORNEYS TO PROSECUTE (42 U.S.C. 3797a), as amended by section 202 tice under this part may be used by the At- FIREARMS OFFENSES. of this title, is amended by adding at the end torney General, or by any individual or enti- (a) IN GENERAL.—The Attorney General the following: ty awarded discretionary funds through a co- shall— ‘‘(h) ACCOUNTABILITY.—All grants awarded operative agreement under this part, to host (1) appoint 50 individuals to a position as by the Attorney General under this part or support any expenditure for conferences an assistant United States attorney, which shall be subject to the following account- that uses more than $20,000 in funds made shall be in addition to the number of such ability provisions: available by the Department of Justice, un- positions on the date of enactment of this ‘‘(1) AUDIT REQUIREMENT.— less the Deputy Attorney General or such Act; ‘‘(A) DEFINITION.—In this paragraph, the Assistant Attorney Generals, Directors, or (2) assign each individual serving in a posi- term ‘unresolved audit finding’ means a find- principal deputies as the Deputy Attorney tion described in paragraph (1) responsibility ing in the final audit report of the Inspector General may designate, provides prior writ- for prosecuting offenses under chapter 44 of General of the Department of Justice that ten authorization that the funds may be ex- title 18, United States Code, and any other the audited grantee has utilized grant funds pended to host the conference. offense under Federal law involving firearms for an unauthorized expenditure or otherwise ‘‘(B) WRITTEN APPROVAL.—Written ap- or ammunition; and unallowable cost that is not closed or re- proval under subparagraph (A) shall include (3) require each individual serving in a po- solved within 12 months from the date when a written estimate of all costs associated sition described in paragraph (1) to give pri- the final audit report is issued. with the conference, including the cost of all ority in the prosecution of offenses described ‘‘(B) AUDITS.—Beginning in the first fiscal food, beverages, audio-visual equipment, in paragraph (2) to— year beginning after the date of enactment honoraria for speakers, and entertainment. (A) crimes of violence (as defined in sec- of this subsection, and in each fiscal year ‘‘(C) REPORT.—The Deputy Attorney Gen- tion 16 of title 18, United States Code) com- thereafter, the Inspector General of the De- eral shall submit an annual report to the mitted by individuals who have previously partment of Justice shall conduct audits of Committee on the Judiciary of the Senate been convicted of such a crime; recipients of grants under this part to pre- and the Committee on the Judiciary of the (B) offenses by individuals who have prevent waste, fraud, and abuse of funds by House of Representatives on all conference viously been convicted of a crime punishable grantees. The Inspector General shall deter- expenditures approved under this paragraph. by imprisonment for more than 1 year; and mine the appropriate number of grantees to ‘‘(4) ANNUAL CERTIFICATION.—Beginning in (C) offenses committed with the intent to be audited each year. the first fiscal year beginning after the date transfer a firearm across an international ‘‘(C) MANDATORY EXCLUSION.—A recipient of enactment of this subsection, the Attor- border of the United States. of grant funds under this part that is found ney General shall submit, to the Committee (b) ASSIGNMENT TO JUDICIAL DISTRICTS.—In to have an unresolved audit finding shall not on the Judiciary and the Committee on Ap- determining in which judicial districts to ap- be eligible to receive grant funds under this propriations of the Senate and the Com- point individuals to positions as assistant part during the first 2 fiscal years beginning mittee on the Judiciary and the Committee United States attorneys under subsection after the end of the 12-month period de- on Appropriations of the House of Represent- (a), the Attorney General shall give priority scribed in subparagraph (A). atives, an annual certification— to judicial districts with the highest inci- ‘‘(D) PRIORITY.—In awarding grants under ‘‘(A) indicating whether— dence of crimes and offenses described in this part, the Attorney General shall give ‘‘(i) all audits issued by the Office of the subparagraphs (A), (B), and (C) of subsection priority to eligible applicants that did not Inspector General under paragraph (1) have (a)(3). have an unresolved audit finding during the been completed and reviewed by the appro- (c) AUTHORIZATION FOR USE OF FUNDS.— 3 fiscal years before submitting an applica- priate Assistant Attorney General or Direc- Section 524(c)(1) of title 28, United States tion for a grant under this part. tor; Code, is amended— ‘‘(E) REIMBURSEMENT.—If an entity is ‘‘(ii) all mandatory exclusions required (1) in subparagraph (H), by striking ‘‘and’’ awarded grant funds under this part during under paragraph (1)(C) have been issued; and at the end; the 2-fiscal-year period during which the en- ‘‘(iii) all reimbursements required under (2) in subparagraph (I), by striking the pe- tity is barred from receiving grants under paragraph (1)(E) have been made; and riod at the end and inserting ‘‘; and’’; and subparagraph (C), the Attorney General ‘‘(B) that includes a list of any grant re- (3) by inserting after subparagraph (I) the shall— cipients excluded under paragraph (1) from following: ‘‘(i) deposit an amount equal to the the previous year.’’. ‘‘(J) carrying out section 208 of the Safe amount of the grant funds that were improp- SEC. 306. PREVENTING DUPLICATIVE GRANTS. Communities, Safe Schools Act of 2013, pro- erly awarded to the grantee into the General Section 1701 of title I of the Omnibus vided that not more than $12,500,000 shall be Fund of the Treasury; and Crime Control and Safe Streets Act of 1968 available to the Attorney General for each of ‘‘(ii) seek to recoup the costs of the repay- (42 U.S.C. 3796dd) is amended by adding at fiscal years 2014 through 2017 under this sub- ment to the fund from the grant recipient the end the following: paragraph.’’. that was erroneously awarded grant funds. ‘‘(l) PREVENTING DUPLICATIVE GRANTS.— ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- ‘‘(1) IN GENERAL.—Before the Attorney SA 727. Mr. COBURN (for himself and MENTS.— General awards a grant to an applicant Mr. MCCAIN) submitted an amendment ‘‘(A) DEFINITION.—For purposes of this under this part, the Attorney General shall intended to be proposed by him to the paragraph and the grant programs under this compare potential grant awards with grants bill S. 649, to ensure that all individ- part, the term ‘nonprofit organization’ awarded under parts A or T to determine if means an organization that is described in duplicate grant awards are awarded for the uals who should be prohibited from section 501(c)(3) of the Internal Revenue Code same purpose. buying a firearm are listed in the na- of 1986 and is exempt from taxation under ‘‘(2) REPORT.—If the Attorney General tional instant criminal background section 501(a) of such Code. awards duplicate grants to the same appli- check system and require a background ‘‘(B) PROHIBITION.—The Attorney General cant for the same purpose the Attorney Gen- check for every firearm sale, and for may not award a grant under this part to a eral shall submit to the Committee on the other purposes; which was ordered to nonprofit organization that holds money in Judiciary of the Senate and the Committee lie on the table; as follows: offshore accounts for the purpose of avoiding on the Judiciary of the House of Representa- Strike all after the enacting clause and in- paying the tax described in section 511(a) of tives a report that includes— sert the following: the Internal Revenue Code of 1986. ‘‘(A) a list of all duplicate grants awarded, ‘‘(C) DISCLOSURE.—Each nonprofit organi- including the total dollar amount of any du- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. zation that is awarded a grant under this plicate grants awarded; and (a) SHORT TITLE.—This Act may be cited as part and uses the procedures prescribed in ‘‘(B) the reason the Attorney General the ‘‘Gun Rights and Safety Act of 2013’’. (b) TABLE OF CONTENTS.—The table of con- regulations to create a rebuttable presump- awarded the duplicate grants.’’. tion of reasonableness for the compensation tents for this Act is as follows: of its officers, directors, trustees and key SA 726. Mr. UDALL of New Mexico Sec. 1. Short title; table of contents. employees, shall disclose to the Attorney submitted an amendment intended to Sec. 2. Findings. General, in the application for the grant, the be proposed by him to the bill S. 649, to Sec. 3. Rule of construction. process for determining such compensation, ensure that all individuals who should TITLE I—CONSOLIDATING FEDERAL including the independent persons involved PROGRAMS AND ENSURING THAT ALL be prohibited from buying a firearm INDIVIDUALS WHO SHOULD BE PROHIB- in reviewing and approving such compensa- are listed in the national instant crimi- tion, the comparability data used, and con- ITED FROM BUYING A GUN ARE LISTED temporaneous substantiation of the delibera- nal background check system and re- IN THE NATIONAL INSTANT CRIMINAL tion and decision. Upon request, the Attor- quire a background check for every BACKGROUND CHECK SYSTEM ney General shall make the information dis- firearm sale, and for other purposes; Sec. 101. Reauthorization of the National closed under this subparagraph available for which was ordered to lie on the table; Criminal History Records Im- public inspection. as follows: provement Program.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0655 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2761 Sec. 102. Improvement of metrics and incen- TITLE I—CONSOLIDATING FEDERAL PRO- 159 (18 U.S.C. 922 note) is amended by insert- tives. GRAMS AND ENSURING THAT ALL INDI- ing ‘‘that has established an implementation Sec. 103. Grants to states for improvement VIDUALS WHO SHOULD BE PROHIBITED plan under section 102(b) of the NICS Im- of coordination and automation FROM BUYING A GUN ARE LISTED IN provement Amendments Act of 2007 (18 of nics record reporting. THE NATIONAL INSTANT CRIMINAL U.S.C. 922 note)’’ after ‘‘each State’’. Sec. 104. Relief from disabilities program. BACKGROUND CHECK SYSTEM SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND AUTOMA- Sec. 105. Protecting the Second Amendment SEC. 101. REAUTHORIZATION OF THE NATIONAL TION OF NICS RECORD REPORTING. rights of veterans. CRIMINAL HISTORY RECORDS IM- (a) IN GENERAL.—The NICS Improvement Sec. 106. Clarification that federal court in- PROVEMENT PROGRAM. Amendments Act of 2007 (18 U.S.C. 922 note) formation is to be made avail- Section 106(b)(2) of Public Law 103–159 (18 is amended— able to the national instant U.S.C. 922 note) is amended by striking ‘‘a (1) by striking section 103 and inserting the criminal background check sys- total of $200,000,000 for fiscal year 1994 and all following: tem. fiscal years thereafter’’ and inserting ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVE- Sec. 107. Publication of NICS Index Statis- ‘‘$25,000,000 for each of fiscal years 2014 through 2017’’. MENT OF COORDINATION AND AU- tics. TOMATION OF NICS RECORD RE- Sec. 108. Effective date. SEC. 102. IMPROVEMENT OF METRICS AND IN- PORTING. CENTIVES. TITLE II—EXPANDING NICS CHECKS FOR ‘‘(a) AUTHORIZATION.— (a) IN GENERAL.—Section 102(b) of the NICS THE SAFE TRANSFER OF FIREARMS ‘‘(1) IN GENERAL.—From amounts made Improvement Amendments Act of 2007 (18 available to carry out this section, the At- Sec. 201. Purpose. U.S.C. 922 note) is amended to read as fol- torney General shall make grants to States, Sec. 202. Firearms transfers. lows: Indian Tribal governments, and State court Sec. 203. Prohibition on national gun reg- ‘‘(b) IMPLEMENTATION PLAN.— systems, in a manner consistent with the Na- istry; limitation on authoriza- ‘‘(1) IN GENERAL.—Not later than 1 year tional Criminal History Improvement Pro- tion to seize, copy, or reproduce after the date of enactment of the Gun gram and consistent with State plans for in- records and documents. Rights and Safety Act of 2013, States and In- tegration, automation , and accessibility of Sec. 204. Authority to conduct interstate dian tribal government, in coordination with criminal history records, for use by the firearms transactions. the Attorney General, may establish for each State, or units of local government of the Sec. 205. Consolidating unnecessary duplica- State or Indian tribal government desiring a State, Indian Tribal government, or State tive and overlapping DOJ pro- grant under section 103 a 4-year implementa- court system to improve the automation and grams. tion plan to ensure maximum coordination transmittal of mental health records and Sec. 206. Inspector General Report. and automation of the reporting of records criminal history dispositions, records rel- Sec. 207. Amendment to section 923(g)(5). or making records available to the National evant to determining whether a person has Sec. 208. Effective date. Instant Criminal Background Check System. been convicted of a misdemeanor crime of ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- SEC. 2. FINDINGS. domestic violence, court orders, and mental year plan established under paragraph (1) Congress finds the following: health adjudications or commitments to shall include annual benchmarks, including Federal and State record repositories in ac- (1) Congress supports and respects the both qualitative goals and quantitative right to bear arms guaranteed by the Second cordance with section 102 and the National measures, to assess implementation of the 4- Criminal History Improvement Program. Amendment to the Constitution of the year plan. United States. ‘‘(2) LIMITATION ON ELIGIBILITY.—A State ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— (2) Congress supports the privacy rights of may not be awarded a grant under paragraph ‘‘(A) IN GENERAL.—During the 4-year period (1) unless the State establishes an implemen- gun owners in the United States, including covered by a 4-year plan established under the existing prohibition on a national fire- tation plan under section 102(b). paragraph (1), the Attorney General shall ‘‘(b) USE OF GRANT AMOUNTS.—Grants arms registry. withhold— awarded to States, Indian Tribal govern- (3) Congress supports longstanding Federal ‘‘(i) 10 percent of the amount that would ments, or State court systems under this law that prohibits convicted felons and those otherwise be allocated to a State under sec- section may only be used to— with dangerous mental illnesses from pur- tion 505 of the Omnibus Crime Control and ‘‘(1) carry out, as necessary, assessments of chasing or possessing a firearm, along with Safe Streets Act of 1968 (42 U.S.C. 3755) if the the capabilities of the courts of the State or the national instant criminal background State does not meet the benchmark estab- Indian Tribal government for the automa- check system to help prevent these persons lished under paragraph (2) for the first year tion and transmission of arrest and convic- from procuring firearms in the primary mar- in the 4-year period; tion records, court orders, and mental health ket. ‘‘(ii) 11 percent of the amount that would adjudications or commitments to Federal (4) Congress recognizes an inconsistency in otherwise be allocated to a State under sec- and State record repositories; Federal law, where a prohibited purchaser is tion 505 of the Omnibus Crime Control and ‘‘(2) implement policies, systems, and pro- prohibited from accessing firearms at a gun Safe Streets Act of 1968 (42 U.S.C. 3755) if the cedures for the automation and transmission store, but can easily procure a firearm at a State does not meet the benchmark estab- of arrest and conviction records, court or- gun show, flea market, or through an Inter- lished under paragraph (2) for the second ders, and mental health adjudications or net advertisement. year in the 4-year period; commitments to Federal and State record (5) Congress and the citizens of the United ‘‘(iii) 13 percent of the amount that would repositories; States agree that in order to promote safe otherwise be allocated to a State under sec- ‘‘(3) create electronic systems that provide and responsible gun ownership, violent tion 505 of the Omnibus Crime Control and accurate and up-to-do information which is criminals and the dangerously mentally ill Safe Streets Act of 1968 (42 U.S.C. 3755) if the directly related to checks under the National should be prohibited from possessing fire- State does not meet the benchmark estab- Instant Criminal Background Check System, arms and therefore, it should be incumbent lished under paragraph (2) for the third year including court disposition and corrections upon Congress to empower law abiding citi- in the 4-year period; and records; zens to prevent the transfer of weapons to ‘‘(iv) 15 percent of the amount that would ‘‘(4) assist States or Indian Tribal govern- such people. otherwise be allocated to a State under sec- ments in establishing or enhancing their own (6) There are deficits in the background tion 505 of the Omnibus Crime Control and capacities to perform background checks check system in existence prior to the date Safe Streets Act of 1968 (42 U.S.C. 3755) if the using the National Instant Criminal Back- of enactment of this Act and the Department State does not meet the benchmark estab- ground Check System; and of Justice should make it a top priority to lished under paragraph (2) for the fourth ‘‘(5) develop and maintain the relief from work with States to swiftly input missing year in the 4-year period. disabilities program in accordance with sec- records, including mental health records. ‘‘(B) FAILURE TO ESTABLISH A PLAN.—If a tion 105. SEC. 3. RULE OF CONSTRUCTION. State fails to establish a plan under para- ‘‘(c) ELIGIBILITY.— Nothing in this Act, or any amendment graph (1)— ‘‘(1) IN GENERAL.—To be eligible for a grant made by this Act, shall be construed to— ‘‘(i) the Attorney General shall withhold 15 under this section, a State, Indian Tribal (1) expand in any way the enforcement au- percent of the amount that would otherwise government, or State court system shall cer- thority or jurisdiction of the Bureau of Alco- be allocated to the State under section 505 of tify, to the satisfaction of the Attorney Gen- hol, Tobacco, Firearms, and Explosives; the Omnibus Crime Control and Safe Streets eral, that the State, Indian Tribal govern- (2) allow the establishment, directly or in- Act of 1968 (42 U.S.C. 3755); and ment, or State court system— directly, of a Federal firearms registry; or ‘‘(ii) the State shall be ineligible to receive ‘‘(A) is not prohibited by State law or (3) infringe on the right of law-abiding citi- any grant funds under section 106(b) of the court order to submit mental health records zens to keep and bear arms as explicitly Brady Handgun Violence Prevention Act (18 to the National Instant Criminal Back- guaranteed by the Second Amendment to the U.S.C. 922 note) or under section 103 of this ground Check System; and Constitution of the United States, which Act.’’. ‘‘(B) subject to paragraph (2), has imple- every Member of Congress has taken an oath (b) TECHNICAL AND CONFORMING AMEND- mented a relief from disabilities program in to support and defend. MENT.—Section 106(b)(1) of Public Law 103– accordance with section 105.

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‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— graph (3), the Attorney General shall with- been found by the Department of Veterans For purposes of obtaining a grant under this hold 15 percent of the amount that would Affairs to be mentally incompetent. section, a State, Indian Tribal government, otherwise be allocated to a State under sec- ‘‘(f) FUTURE DETERMINATIONS.— or State court system shall not be required tion 505 of the Omnibus Crime Control and ‘‘(1) IN GENERAL.—Not later than 180 days to meet the eligibility requirement described Safe Streets Act of 1968 (42 U.S.C. 3755) if the after the enactment of the Gun Rights and in paragraph (1)(B) until the date that is 2 State has not implemented a relief from dis- Safety Act of 2013, the Secretary shall review years after the date of enactment of the Gun abilities program in accordance with this the policies and procedures by which individ- Rights and Safety Act of 2013. section.’’. uals are determined to be mentally incom- ‘‘(d) FEDERAL SHARE.— SEC. 105. PROTECTING THE SECOND AMEND- petent, and shall revise such policies and ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL MENT RIGHTS OF VETERANS. procedures as necessary to ensure that any ACTIVITIES.—The Federal share of a study, (a) IN GENERAL.—Chapter 55 of title 38, individual who is competent to manage his assessment, creation of a task force, or other United States Code, is amended by adding at own financial affairs, including his receipt of non-material activity, as determined by the the end the following new section: Federal benefits, but who voluntarily turns Attorney General, carried out with a grant ‘‘§ 5511. Conditions for treatment of certain over the management thereof to a fiduciary under this section shall be not more than 25 persons as adjudicated mentally incom- is not considered adjudicated pursuant to percent. petent for certain purposes subsection (d)(4) or (g)(4) of section 922 of ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP- title 18. ‘‘(a) IN GENERAL.—In any case arising out MENT.—The Federal share of an activity in- ‘‘(2) REPORT.—Not later than 30 days after of the administration by the Secretary of volving infrastructure or system develop- the Secretary has made the review and laws and benefits under this title, a person ment, including labor-related costs, for the changes required under paragraph (1), the who is determined by the Secretary to be purpose of improving State or Indian Tribal Secretary shall submit to Congress a report mentally incompetent shall not be consid- government record reporting to the National detailing the results of the review and any ered adjudicated pursuant to subsection Instant Criminal Background Check System resulting policy and procedural changes.’’. (d)(4) or (g)(4) of section 922 of title 18, carried out with a grant under this section (b) CLERICAL AMENDMENT.—The table of until— may amount to 100 percent of the cost of the sections at the beginning of chapter 55 of ‘‘(1) in the case in which the person does activity. such title is amended by adding at the end ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 2 not request a review as described in sub- the following new item: percent of the grant funding available under section (c)(1), the end of the 30-day period be- this section may be reserved for reservation- ginning on the date on which the person re- ‘‘5511. Conditions for treatment of certain based Indian tribal governments for use by ceives notice submitted under subsection (b); persons as adjudicated men- Indian tribal judicial systems. or tally incompetent for certain ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) in the case in which the person re- purposes.’’. There are authorized to be appropriated to quests a review as described in paragraph (1) (c) APPLICABILITY.—Section 5511 of title 38, carry out this section $25,000,000 for each of of subsection (c), upon an assessment by the United States Code (as added by this sec- fiscal years 2014 through 2017.’’; board designated or established under para- tion), shall apply only with respect to per- (2) by striking title III; and graph (2) of such subsection or court of com- sons who are determined by the Secretary of (3) in section 401(b), by inserting after ‘‘of petent jurisdiction that a person cannot Veterans Affairs, on or after the date of the this Act’’ the following: ‘‘and 18 months safely use, carry, possess, or store a firearm enactment of this Act, to be mentally incom- after the date of enactment of the Gun due to mental incompetency. petent, except that those persons who are Rights and Safety Act of 2013’’. ‘‘(b) NOTICE.—Notice submitted under this provided notice pursuant to section 5511(e) of (b) TECHNICAL AND CONFORMING AMEND- subsection to a person described in sub- such title shall be entitled to use the admin- MENT.—The table of sections in section 1(b) section (a) is notice submitted by the Sec- istrative review under section 5511(c) of such of the NICS Improvement Amendments Act retary that notifies the person of the fol- title and, as necessary, the subsequent judi- of 2007 (18 U.S.C. 922 note) is amended by lowing: cial review under section 5511(d) of such striking the item relating to section 103 and ‘‘(1) The determination made by the Sec- title. inserting the following: retary. SEC. 106. CLARIFICATION THAT FEDERAL COURT ‘‘Sec. 103. Grants to States for improvement ‘‘(2) A description of the implications of INFORMATION IS TO BE MADE of coordination and automation being considered adjudicated as a mental de- AVAILABLE TO THE NATIONAL IN- of NICS record reporting.’’. fective under subsection (d)(4) or (g)(4) of STANT CRIMINAL BACKGROUND CHECK SYSTEM. SEC. 104. RELIEF FROM DISABILITIES PROGRAM. section 922 of title 18. Section 105 of the NICS Improvement ‘‘(3) The person’s right to request a review Section 103(e)(1) of the Brady Handgun Vio- Amendments Act of 2007 (18 U.S.C. 922 note) under subsection (c)(1). lence Prevention Act (18 U.S.C. 922 note), is is amended by adding at the end the fol- ‘‘(c) ADMINISTRATIVE REVIEW.—(1) Not later amended by adding at the end the following: lowing: than 30 days after the date on which a person ‘‘(F) APPLICATION TO FEDERAL COURTS.—In ‘‘(c) PENALTIES FOR NON-COMPLIANCE.— described in subsection (a) receives notice this subsection— ‘‘(1) 10 PERCENT REDUCTION.—During the 1- submitted under subsection (b), such person ‘‘(i) the terms ‘department or agency of the year period beginning 1 year after the date of may request a review by the board designed United States’ and ‘Federal department or enactment of the Gun Rights and Safety Act or established under paragraph (2) or a court agency’ include a Federal court; and of 2013, the Attorney General shall withhold of competent jurisdiction to assess whether a ‘‘(ii) for purposes of any request, submis- 10 percent of the amount that would other- person cannot safely use, carry, possess, or sion, or notification, the Director of the Ad- wise be allocated to a State under section 505 store a firearm due to mental incompetency. ministrative Office of the United States of the Omnibus Crime Control and Safe In such assessment, the board may consider Courts shall perform the functions of the Streets Act of 1968 (42 U.S.C. 3755) if the the person’s honorable discharge or decora- head of the department or agency.’’. State has not implemented a relief from dis- tion. SEC. 107. PUBLICATION OF NICS INDEX STATIS- abilities program in accordance with this ‘‘(2) Not later than 180 days after the date TICS. section. of enactment of the Gun Rights and Safety Not later than 180 days after the date of ‘‘(2) 11 PERCENT REDUCTION.—During the 1- Act of 2013, the Secretary shall designate or enactment of this Act, and biannually there- year period after the expiration of the period establish a board that shall, upon request of after, the Attorney General shall make the described in paragraph (1), the Attorney Gen- a person under paragraph (1), assess whether National Instant Criminal Background eral shall withhold 11 percent of the amount a person cannot safely use, carry, possess, or Check System index statistics available on a that would otherwise be allocated to a State store a firearm due to mental incompetency. publically accessible Internet website. under section 505 of the Omnibus Crime Con- ‘‘(d) JUDICIAL REVIEW.—A person may file a SEC. 108. EFFECTIVE DATE. trol and Safe Streets Act of 1968 (42 U.S.C. petition with a Federal court of competent The amendments made by this title shall 3755) if the State has not implemented a re- jurisdiction for judicial review of an assess- take effect 180 days after the date of enact- lief from disabilities program in accordance ment of the person under subsection (c) by ment of this Act. with this section. the board designated or established under TITLE II—EXPANDING NICS CHECKS FOR ‘‘(3) 13 PERCENT REDUCTION.—During the 1- paragraph (2). THE SAFE TRANSFER OF FIREARMS year period after the expiration of the period ‘‘(e) PROTECTING RIGHTS OF VETERANS WITH described in paragraph (2), the Attorney Gen- EXISTING RECORDS.—Not later than 90 days SEC. 201. PURPOSE. eral shall withhold 13 percent of the amount after the date of enactment of the Gun The purpose of this title is to extend check that would otherwise be allocated to a State Rights and Safety Act of 2013, the Secretary procedures under the National Instant under section 505 of the Omnibus Crime Con- shall provide written notice of the oppor- Criminal Background Check System to pro- trol and Safe Streets Act of 1968 (42 U.S.C. tunity for administrative review and appeal mote the safe transfer of firearms in the sec- 3755) if the State has not implemented a re- under subsection (c) to all persons who, on ondary market. lief from disabilities program in accordance the date of enactment of the Gun Rights and SEC. 202. FIREARMS TRANSFERS. with this section. Safety Act of 2013, are considered adju- (a) IN GENERAL.—Section 922 of title 18, ‘‘(4) 15 PERCENT REDUCTION.—After the expi- dicated pursuant to subsection (d)(4) or (g)(4) United States Code, is amended— ration of the 1-year period described in para- of section 922 of title 18 as a result of having (1) by repealing subsection (s);

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2763 (2) by redesignating subsection (t) as sub- unlicensed transferee would be in violation ‘‘(aa) the unique serial number assigned to section (s); of Federal, State, or local law; or a temporary permit; and (3) in subsection (s), as redesignated— ‘‘(D) if the State in which the covered ‘‘(bb) the date of birth associated with the (A) in paragraph (3)(C)(ii), by striking ‘‘(as transfer takes place has enacted legislation unique serial number; and defined in subsection (s)(8))’’; and that requires an unlicensed transferor to ‘‘(II) any record of a person who— (B) by adding at the end the following: comply with subsection (s) before the trans- ‘‘(aa) attempts to complete a background ‘‘(7) In this subsection, the term ‘chief law fer takes place to assure the unlicensed check; and enforcement officer’ means the chief of po- transferee is not prohibited from receiving ‘‘(bb) would be in violation of subsection lice, the sheriff, or an equivalent officer or or possessing a firearm— (g) or (n) of section 922 if the person received the designee of any such individual. ‘‘(i) the covered transfer is made between or possessed a firearm; and ‘‘(8) The Federal Bureau of Investigation an unlicensed transferor and an unlicensed ‘‘(vi) any information described in clause shall not charge a user fee for a background transferee who reside in the same State, and (v)(I) shall be destroyed at the end of the 30- check conducted pursuant to this sub- takes place in such State; or day period described in clause (ii). section.’’; and ‘‘(ii) if the unlicensed transferor and the ‘‘(4)(A) Notwithstanding any other provi- (4) by inserting after subsection (s), as re- unlicensed transferee reside in different sion of this chapter, except for section designated, the following: States and the States have entered into a re- 923(m), the Attorney General may implement ‘‘(t)(1) In this subsection, the term ‘covered ciprocal agreement, the covered transfer this subsection with regulations. transfer’— takes place in either of such States. ‘‘(B) Regulations promulgated under this ‘‘(A) means a transfer that the transferor, ‘‘(3)(A) Not later than 2 years after the paragraph may not include any provision re- the transferee, or both intends to be perma- date of enactment of the Gun Rights and quiring licensees to facilitate transfers in ac- nent, including a transfer by sale, pledge, Safety Act of 2013, the Attorney General cordance with paragraph (2)(A). trade, gift, or consignment; and shall, using competitive bidding practices, ‘‘(C) Regulations promulgated under this ‘‘(B) does not include— authorize the establishment of an Internet- paragraph may not include any provision re- ‘‘(i) a transfer between spouses, between based, consumer portal that will allow a per- quiring persons not licensed under this chap- parents or spouses of parents and their chil- son who is not licensed under this chapter to ter to keep records of background checks or dren or spouses of their children, between run a self-background check using the Na- firearms transfers. siblings or spouses of siblings, or between tional Instant Criminal Background Check ‘‘(D) Regulations promulgated under this grandparents or spouses of grandparents and System for the purpose of conducting a cov- paragraph may not include any provision their grandchildren or spouses of their ered transfer under this subsection. placing a cap on the fee licensees may charge grandchildren, or between aunts or uncles or to facilitate transfers in accordance with their spouses and their nieces or nephews or ‘‘(B) In authorizing the establishment of paragraphs (2)(A). their spouses, or between first cousins, if the the consumer portal required under subpara- ‘‘(5) No department, agency, officer, or em- transferor does not know or have reasonable graph (A), the Attorney General shall ensure ployee of the United States may— cause to believe that the transferee is pro- that— ‘‘(A) require that any record or portion hibited from receiving or possessing a fire- ‘‘(i) the consumer portal may be accessed thereof generated by a consumer portal be arm under Federal, State, or local law; through an Internet website, mobile applica- recorded at or transferred to a facility ‘‘(ii) a transfer made from a decedent’s es- tion, or other means determined appropriate owned, managed, or controlled by the United tate by bequest, intestate succession, or by by the Attorney General; States or any State or political subdivision operation of law; or ‘‘(ii) an unlicensed transferee who com- thereof; or ‘‘(iii) a temporary transfer of a firearm, pletes a background check using the con- ‘‘(B) use a consumer portal to establish unless the transferor knows or has reason to sumer portal and would not be in violation of any system for the registration of firearms, believe that the transferee is prohibited from subsection (g) or (n) of section 922 or of State firearm owners, or firearm transactions or receiving or possessing a firearm under Fed- law by receiving a firearm shall be provided dispositions, except with respect to persons, eral, State, or local law. a temporary permit, valid for a 30-day period ‘‘(2) Beginning on the date that is 18 beginning on the date on which the back- prohibited by section 922 (g) or (n) of title 18, months after the date of enactment of the ground check is completed, that— United States Code or State law, from re- Gun Rights and Safety Act of 2013 or 30 days ‘‘(I) signifies that the unlicensed transferee ceiving a firearm. after the date on which the consumer portal is not prohibited from legally purchasing or ‘‘(6) The Attorney General shall establish, established under paragraph (3) is oper- possessing a firearm; and and make available to the public, a sample ational, whichever is later, it shall be unlaw- ‘‘(II) may be used, during the 30-day period, form, which may be used, on a voluntary ful for any person who is not licensed under by the unlicensed transferee for a covered basis, by a transferor to document informa- this chapter to make a covered transfer of a transfer of a firearm under this subsection, tion relating to each firearm transfer con- firearm to any other person who is not li- in compliance with any applicable State or ducted by the transferor, for the purpose of censed under this chapter, unless— Federal law; assisting law enforcement officers during a ‘‘(A) the covered transfer is made after a li- ‘‘(iii) the temporary permit described in criminal investigation. censed importer, licensed manufacturer, or clause (ii) shall— ‘‘(7)(A) If the consumer portal established licensed dealer has first taken possession of ‘‘(I) be made available to the unlicensed under this subsection is shut down for a pe- the firearm for the purpose of complying transferee as an electronic printable docu- riod of more than 7 days, this subsection with subsection (s), if upon taking possession ment and be accessible through an Internet shall have no force or effect during the pe- of the firearm, the licensee complies with all website, mobile application, or other means riod for which the consumer portal is non- requirements of this chapter as if the li- determined appropriate by the Attorney operational. censee were transferring the firearm from General; and ‘‘(B) If the consumer portal established the licensee’s business inventory to the unli- ‘‘(II) contain— under this subsection is ever permanently censed transferee; ‘‘(aa) the name of the unlicensed trans- shut down or defunded, this subsection shall ‘‘(B) the covered transfer is made in ac- feree; have no force or effect beginning on the date cordance with regulations promulgated by ‘‘(bb) the date of expiration of the permit; on which the consumer portal is non-oper- the Attorney General under paragraph (3) ‘‘(cc) a unique pin number that can be used ational. and after the unlicensed transferee has un- to verify the validity of the permit by the ‘‘(8)(A) Subject to subparagraph (B), para- dergone a background check; unlicensed transferor of a firearm; and graph (2) shall not apply to a covered trans- ‘‘(C) the covered transfer is made— ‘‘(dd) any other protections necessary to fer described in subparagraph (D) in a State ‘‘(i) after the transferee has presented to prevent fraud; that has enacted legislation that— the transferor a permit for transfer of a fire- ‘‘(iv) the consumer portal be designed in a ‘‘(i) establishes requirements for back- arm that— manner that allows for maximum privacy ground checks for covered transfers de- ‘‘(I) allows the transferee to possess, ac- and security protections so that a user of the scribed in subparagraph (D) that are similar quire, or carry a firearm; and consumer portal may only run a self-back- to the requirements described in this sub- ‘‘(II) was issued not more than 5 years ear- ground check and not run a background section; and lier by the State, or political subdivision check on any other person; ‘‘(ii) allows for the State to have primary thereof, in which the transfer is to take ‘‘(v) any personally identifiable informa- enforcement authority of covered transfers place; and tion obtained by the consumer portal from described in subparagraph (D) occurring ‘‘(ii) in a State in which the law of the an individual, including names, physical lo- within the State. State allows the transferee to possess, ac- cations, mailing addresses, Internet protocol ‘‘(B) If the Attorney General determines quire, or carry a firearm, if the law of the addresses, and other unique identifiers, shall that legislation enacted by a State does not State, or political subdivision of a State, be destroyed within 24 hours from the time establish requirements for background that issued the permit requires that such at which the information was obtained, ex- checks for covered transfers described in permit is issued only after an authorized cept for— subparagraph (D) that are similar to the re- government official has verified that the in- ‘‘(I) information required for the unli- quirements described in this subsection— formation available to such official does not censed transferor to verify the validity of ‘‘(i) the Attorney General shall notify the indicate that possession of a firearm by the the permit, including— State of the determination; and

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2764 CONGRESSIONAL RECORD — SENATE April 17, 2013 ‘‘(ii) beginning on the date that is 1 year (A) submit a report describing the results lates section 923(m) shall be fined under this after the date on which the Attorney Gen- of each audit conducted under this paragraph title, imprisoned not more than 15 years, or eral notifies the State under clause (i), para- to the Committee on the Judiciary of the both.’’. graph (2) shall apply to a covered transfer in Senate and the Committee on the Judiciary (c) LIMITATION ON AUTHORIZATION TO SEIZE, the State unless the State has enacted legis- of the House of Representatives; and COPY, OR REPRODUCE RECORDS AND DOCU- lation that establishes requirements for (B) publish each report submitted under MENTS.—Section 923 of title 18, United States background checks for covered transfers that subparagraph (A) on the homepage of the of- Code, as amended by section 202(b) of this are, in the determination of the Attorney ficial public website of the Department of Act, is amended by adding at the end the fol- General, similar to the requirements de- Justice. lowing: scribed in this subsection. (c) PENALTIES.—Section 924(a)(5) of title 18, ‘‘(n)(1) An officer of the Bureau of Alcohol, ‘‘(C) In establishing requirements that are United States Code, is amended— Tobacco, Firearms, and Explosive may only similar to the requirements under this sub- (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; seize, copy, or reproduce a record or docu- section, a State— (2) by striking ‘‘or (t)’’; and ment of a person licensed under this chapter, ‘‘(i) may allow for geographic or techno- (3) by adding at the end the following: an unlicensed transferor of a firearm, or an logical exemptions for rural areas within the ‘‘(B) Whoever knowingly violates sub- unlicensed transferee of a firearm if the State that are remote and lack the techno- section (t) of section 922— record or document— logical capabilities needed to access the con- ‘‘(i) shall be fined not more than $1,000; and ‘‘(A) constitutes material evidence of a sumer portal; and ‘‘(ii) in the case of a second or subsequent violation of law; or ‘‘(ii) may impose penalties for violations of violation, shall be fined under this title, im- ‘‘(B) is necessary in the conduct of a bona the requirements established by the State prisoned not more than 3 years, or both. fide criminal investigation. that are stronger than the penalties imposed ‘‘(C) Whoever knowingly uses the consumer ‘‘(2) If any officer of the Bureau of Alcohol, under this chapter for violations of the re- portal established under paragraph (3) of sec- Tobacco, Firearms, and Explosives violates quirements under this subsection. tion 922(t) for any purpose other than the paragraph (1), the Attorney General— ‘‘(D) A covered transfer described in this purpose described in subparagraph (B)(iv) of ‘‘(A) shall impose a civil penalty of $1,000 subparagraph is a covered transfer between such paragraph shall be fined under this on the officer for a first violation; and an unlicensed transferor and an unlicensed title, imprisoned not more than 1 year, or ‘‘(B) shall terminate the officer for a sec- transferee that occurs— both.’’. ond violation. ‘‘(i) at any venue where firearms trans- (d) TECHNICAL AND CONFORMING AMEND- ‘‘(3)(A) It shall be unlawful for any person actions take place or where firearms trans- MENT.— who is an officer of the Bureau of Alcohol, ferors or transferees are brought together, (1) SECTION 922.—Section 922(y)(2) of title 18, Tobacco, Firearms, and Explosives to violate including at a gun show or event, or on the United States Code, is amended, in the mat- paragraph (1). curtilage thereof; or ter preceding subparagraph (A), by striking ‘‘(B) Any person who violates subparagraph ‘‘(ii) pursuant to an advertisement, post- ‘‘, (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting (A)— ing, display, or other public listing on the ‘‘and (g)(5)(B)’’. ‘‘(i) for a first offense, shall be fined $1,000; Internet, in a publication, at a forum, or in (2) CONSOLIDATED AND FURTHER CONTINUING and any manner accessible to the general public APPROPRIATIONS ACT, 2012.—Section 511 of ‘‘(ii) for a subsequent offense, shall be fined by the transferor of his intent to transfer, or title V of division B of the Consolidated and under this title, imprisoned for not less than the transferee of his intent to acquire, the Further Continuing Appropriations Act, 2012 1 year, or both.’’. firearm.’’. (18 U.S.C. 922 note) is amended by striking SEC. 204. AUTHORITY TO CONDUCT INTERSTATE (b) ACCOUNTABILITY.— ‘‘subsection 922(t)’’ and inserting ‘‘section FIREARMS TRANSACTIONS. (1) IN GENERAL.— 922(s)’’ each place it appears. (a) FIREARMS DISPOSITIONS.—Section (A) AUDITS OF BACKGROUND CHECKS CON- (e) SUNSET.—Effective on the date that is 5 922(b)(3) of title 18, United States Code, is DUCTED FOR LICENSEE SALES.—Not later than years after the effective date of the amend- amended— 90 days after the date of enactment of this ments made by this section— (1) in the matter preceding subparagraph Act, and every 90 days thereafter until the (1) this section is repealed; (A), by striking ‘‘located’’ and inserting ‘‘lo- date on which the Inspector General of the (2) each provision of law amended by this cated or temporarily located’’; and Department of Justice begins conducting au- section is amended to read as such provision (2) in subparagraph (A)— dits under subparagraph (B), the Inspector read on the day before the effective date of (A) by striking ‘‘rifle or shotgun’’ and in- General of the Department of Justice shall the amendments made by this section; and serting ‘‘firearm’’; conduct an audit of the process of back- (3) section 923(m) of title 18, United States (B) by striking ‘‘located’’ and inserting ground checks conducted for the purposes of Code, as added by section 203(a) of this Act, ‘‘located or temporarily located’’; and a transfer of a firearm under subsection (s) of is amended to read as follows: (C) by striking ‘‘both such States’’ and in- section 922 of title 18, United States Code, as ‘‘(m) The Attorney General and any de- serting ‘‘the State in which the transfer is redesignated by subsection (a)(2) of this sec- partment or agency of the United States conducted and the State of residence of the tion, to— may not consolidate or centralize the transferee’’. (i) prevent waste, fraud, and abuse of the records of the— (b) DEALER LOCATION.—Section 923 of title background check system; and ‘‘(1) acquisition or disposition of firearms, 18, United States code, as amended by sec- (ii) ensure compliance with the require- or any portion thereof, maintained by a per- tion 203(a) of this Act, is amended— ment to destroy certain information within son licensed under this chapter; or (1) in subsection (j)— 24 hours under section 511 of title V of divi- ‘‘(2) possession or ownership of a firearm, (A) in the first sentence, by striking ‘‘, and sion B of the Consolidated and Further Con- maintained by any medical or health insur- such location is in the State which is speci- tinuing Appropriations Act, 2012 (18 U.S.C. ance entity.’’. fied on the license’’; and 922 note). SEC. 203. PROHIBITION ON NATIONAL GUN REG- (B) in the last sentence— (B) AUDITS OF ALL BACKGROUND CHECKS.— ISTRY; LIMITATION ON AUTHORIZA- (i) by inserting ‘‘transfer,’’ after ‘‘sell,’’; Not later than 90 days after the date on TION TO SEIZE, COPY, OR REPRO- and which the prohibition under subsection (t)(2) DUCE RECORDS AND DOCUMENTS. (ii) by striking all that follows ‘‘Act’’ and of section 922 of title 18, United States Code, (a) PROHIBITION OF NATIONAL GUN REG- inserting a period; and (as added by subsection (a)(4) of this section) ISTRY.—Section 923 of title 18, United States (2) by adding at the end the following: takes effect, and every 90 days thereafter, Code, is amended by adding at the end the ‘‘(o) Nothing in this chapter shall be con- the Inspector General of the Department of following: strued to prohibit the sale, transfer, deliv- Justice shall conduct an audit of the process ‘‘(m) The Attorney General and any de- ery, or other disposition of a firearm or am- of background checks conducted for the pur- partment or agency of the United States munition— poses of a transfer of a firearm under sub- may not consolidate or centralize the ‘‘(1) by a person licensed under this chapter section (s) or (t) of section 922 of title 18, records of the— to another person so licensed, at any loca- United States Code, as amended by sub- ‘‘(1) acquisition or disposition of firearms, tion in any State; or section (a) of this section, to— or any portion thereof, maintained by— ‘‘(2) by a licensed importer, licensed manu- (i) prevent waste, fraud, and abuse of the ‘‘(A) a person licensed under this chapter; facturer, or licensed dealer to a person not background check system; and ‘‘(B) an unlicensed transferor under section licensed under this chapter, at a temporary (ii) ensure compliance with the require- 922(t); or location described in subsection (j) in any ment to destroy certain information within ‘‘(2) possession or ownership of a firearm, State.’’. 24 hours under— maintained by any medical or health insur- (c) RESIDENCE OF UNITED STATES OFFI- (I) section 922(t)(3)(B)(v) of title 18, United ance entity.’’. CERS.—Section 921 of title 18, United States States Code; and (b) PENALTY.—Section 924 of title 18, Code, is amended by striking subsection (b) (II) section 511 of title V of division B of United States Code, as amended by section and inserting the following: the Consolidated and Further Continuing 202(c) of this Act, is amended by adding at ‘‘(b) For purposes of this chapter: Appropriations Act, 2012 (18 U.S.C. 922 note). the end the following: ‘‘(1) A member of the Armed Forces on ac- (2) REPORT TO CONGRESS.—The Inspector ‘‘(q) IMPROPER USE OF STORAGE OF tive duty, or a spouse of such member, is a General of the Department of Justice shall— RECORDS.—Any person who knowingly vio- resident of—

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2765 ‘‘(A) the State in which the person main- General of the Department of Justice sub- SEC. 402. MEDICARE AND MEDICAID PILOT PRO- tains legal residence; mits the report required under subsection GRAMS FOR THE ADOPTION AND ‘‘(B) the State in which the permanent (a), the Inspector General shall submit to MEANINGFUL USE OF CERTIFIED EHR TECHNOLOGY. duty station of the member is located; and Congress an updated version of the report re- (a) DEFINITIONS.—In this section: ‘‘(C) the State in which the member main- quired in subsection (a), including any addi- (1) CERTIFIED EHR TECHNOLOGY.—The term tains a place of abode from which the mem- tional analysis or recommendations. ‘‘certified EHR technology’’ has the meaning ber commutes each day to the permanent SEC. 207. AMENDMENT TO SECTION 923(g)(5). given that term in section 1848(o)(4) of the Section 923(g)(5) of title 18, United States duty station. Social Security Act (42 U.S.C. 1395w–4(o)(4)). ‘‘(2) An officer or employee of the United Code, is amended by adding at the end the (2) HIT POLICY COMMITTEE.—The term ‘‘HIT following: States (other than a member of the Armed Policy Committee’’ means such Committee ‘‘(C) The Attorney General may not issue a Forces) stationed outside the United States established under section 3002(a) of the Pub- letter pursuant to this paragraph unless the for a period exceeding one year is a resident lic Health Service Act (42 U.S.C. 300jj–12(a)). of the State in which the officer or employee letter is issued— (3) NATIONAL COORDINATOR.—The term ‘‘Na- ‘‘(i) during the course of a bona fide crimi- maintains legal residence.’’. tional Coordinator’’ means the head of the nal investigation of a person other than the SEC. 205. CONSOLIDATING UNNECESSARY DUPLI- Office of the National Coordinator for Health licensee; CATIVE AND OVERLAPPING DOJ Information Technology established under ‘‘(ii) to determine the disposition of 1 or PROGRAMS. section 3001(a) of the Public Health Service (a) IN GENERAL.—Notwithstanding any more particular firearms during the course of a bona fide criminal investigation; or Act (42 U.S.C. 300jj–11(a)). other provision of law, not later than 150 (4) SECRETARY.—The term ‘‘Secretary’’ days after the date of enactment of this Act, ‘‘(iii) to request the total number of rifles, shotguns, pistols, revolvers, and other fire- means the Secretary of Health and Human the Director of the Office of Management Services, acting through the Administrator and Budget and the Attorney General shall arms manufactured in, or exported from, the United States by the licensee.’’. of the Centers for Medicare & Medicaid Serv- coordinate with the heads of the relevant of- ices. SEC. 208. EFFECTIVE DATE. fices of the Department of Justice to— (b) MEDICARE PILOT PROGRAM.— The amendments made by this title shall (1) use available administrative authority (1) ESTABLISHMENT.— take effect 180 days after the date of enact- to eliminate, consolidate, or streamline the (A) IN GENERAL.—The Secretary shall es- ment of this Act. more than 250 grant programs with duplica- tablish a pilot program under title XVIII of tive and overlapping missions identified in SA 728. Mr. COBURN submitted an the Social Security Act (42 U.S.C. 1395 et the July 2012 Government Accountability Of- seq.) under which incentive payments are fice report to Congress entitled ‘‘Justice amendment intended to be proposed by him to the bill S. 649, to ensure that all made to eligible professionals and eligible Grant Programs: DOJ Should Do More to Re- hospitals for the adoption and meaningful duce the Risk of Unnecessary Duplication individuals who should be prohibited use of certified EHR technology. and Enhance Program Assessment’’ (GAO-12- from buying a firearm are listed in the (B) DEFINITION OF ELIGIBLE HOSPITAL AND 517); and national instant criminal background ELIGIBLE PROFESSIONAL.—In this subsection: (2) determine the total cost savings that check system and require a background (i) ELIGIBLE HOSPITAL.—The term ‘‘eligible shall result to each agency, office, and de- check for every firearm sale, and for hospital’’ means a psychiatric hospital (as partment from the actions described in para- other purposes; which was ordered to defined in section 1861(f) of the Social Secu- graph (1). lie on the table; as follows: rity Act (42 U.S.C. 1395x(f))) that furnishes (b) REPORT.—Notwithstanding any other inpatient hospital services. provision of law, not later than 200 days after At the appropriate place, insert the following: (ii) ELIGIBLE PROFESSIONAL.—The term ‘‘el- the date of enactment of this Act, the Direc- igible professional’’ means a clinical psy- tor of the Office of Management and Budget SEC. ll. LIMITATION AND USE OF FUNDS BY THE SECRETARY OF HEALTH AND chologist providing qualified psychologist and the Attorney General shall coordinate HUMAN SERVICES. services (as defined in section 1861(ii) of such with the heads of the relevant offices of the The Secretary of Health and Human Act (42 U.S.C. 1395x(ii))). Department of Justice, and submit a report Services— (2) DURATION.—The pilot program under to the Congress detailing— (1) shall not use Federal funds to collect this subsection shall be conducted for a pe- (1) any actions taken under subsection information on lawful gun owners for pur- riod of 3 years. (a)(1); and poses of maintaining such information in (3) REQUIREMENTS.— (2) the findings determined under sub- any data base; (A) ADOPTION AND MEANINGFUL USE.—For section (a)(2). (2) shall not use Federal funds to conduct purposes of making incentive payments to (c) RESCISSION OF FUNDS.— research on the demographic profile of law- eligible professionals and eligible hospitals (1) IN GENERAL.—Notwithstanding any ful gun owners; under the pilot program under this sub- other provision of law, $200,000,000 is hereby (3) shall not require vendors of the De- section, the Secretary shall establish stand- rescinded from discretionary unobligated partment of Health and Human Services or ards for determining adoption and meaning- balances within the Department of Justice health care providers to include in any elec- ful use that are comparable to the require- that are not designated as emergency or tronic records maintained under the HITECH ments under sections 1848(o)(2) and 1886(n)(3) overseas contingency operations. The Direc- Act (Public Law 111-5), or any amendment of the Social Security Act (42 U.S.C. 1395w– tor of the Office of Management and Budget made by that Act, data concerning whether 4(o)(2), 1395ww(n)(3)). shall determine and identify from which ap- a patient lawfully or safely owns or stores a (B) INCENTIVE PAYMENTS.—Any incentive propriation accounts the rescission shall gun or ammunition at home; and payments made to eligible professionals and apply and the amount of such rescission that (4) shall, not less than annually, publicly eligible hospitals under the pilot program shall apply to each such account. disclose to Congress to what degree any Fed- under this subsection shall be comparable to (2) REPORT.—Not later than 60 days after eral funds may be used for data collection payment amounts provided under sections the date of the enactment of this Act, the and analysis regarding the mental health 1848(o)(1) and 1886(n)(2) of the Social Security Director of the Office of Management and characteristics of individuals guilty of the Act (42 U.S.C. 1395w-4(o)(1), 1395ww(n)(2)). Budget shall submit a report to the Congress unlawful ownership, possession, or use of a (4) IDENTIFYING PILOT PROGRAM PARTICI- of the accounts and amounts determined and firearm or ammunition. PANTS.—For purposes of selecting partici- identified for rescission under paragraph (1). pants for the pilot program, the Secretary SEC. 206. INSPECTOR GENERAL REPORT. SA 729. Mr. WHITEHOUSE submitted shall give priority to areas of the United (a) INITIAL REPORT.—Not later than 1 year an amendment intended to be proposed States in which the Secretary determines el- after the date on which the consumer portal by him to the bill S. 649, to ensure that igible professionals under section 1848(o) of established under section 922(t)(3) of title 18, all individuals who should be prohib- the Social Security Act (42 U.S.C. 1395w–4(o)) United States Code, as amended by section ited from buying a firearm are listed in and eligible hospitals under section 1886(n) of 202 of this Act, becomes operational, the In- the national instant criminal back- such Act (42 U.S.C. 1395ww(n)) have already spector General for the Department of Jus- ground check system and require a demonstrated high rates of adoption and tice shall submit to Congress a report on the background check for every firearm meaningful use of certified EHR technology. effectiveness of the consumer portal, which sale, and for other purposes; which was (5) NON-APPLICATION OF PAYMENT ADJUST- shall— MENT.—For purposes of section 1848(a)(7) of (1) take into account feedback from trans- ordered to lie on the table; as follows: the Social Security Act (42 U.S.C. 1395w- ferors, transferees, and government officials; At the end, add the following: 4(a)(7)), no payment adjustment may be and TITLE IV—ADOPTION AND MEANINGFUL made under such section in the case of any (2) include recommendations to improve— USE OF CERTIFIED EHR TECHNOLOGY eligible professional or eligible hospital that (A) the effectiveness of the consumer por- BY MENTAL HEALTH PROVIDERS receives an incentive payment under this tal; and SECTION 401. SHORT TITLE. subsection. (B) the ease of using the consumer portal. This title may be cited as the ‘‘Integrating (6) WAIVER.—The Secretary may waive (b) UPDATED REPORT.—Not later than 1 Mental Health Through Technology Act of such provisions of titles XI and XVIII of the year after the date on which the Inspector 2013’’. Social Security Act as may be necessary to

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2766 CONGRESSIONAL RECORD — SENATE April 17, 2013 carry out the pilot program under this sub- Secretary determines Medicaid providers ‘‘(B) provide technical assistance and section. under section 1903(t) of the Social Security training to local educational agencies to im- (7) REPORT.—Not later than 6 months after Act (42 U.S.C. 1396b(t)) have already dem- prove and support the development, imple- conclusion of the pilot program, the Na- onstrated high rates of adoption and mean- mentation, and coordination of comprehen- tional Coordinator shall submit to the Sec- ingful use of certified EHR technology. sive positive behavioral interventions and retary, the HIT Policy Committee, and the (5) WAIVER.—The Secretary may waive supports carried out under this Act with ac- relevant committees of Congress a report such provisions of titles XI and XIX of the tivities carried out under the Individuals that includes— Social Security Act as may be necessary to with Disabilities Education Act; and (A) an evaluation of the effectiveness of carry out the pilot program under this sub- ‘‘(C) evaluate the effects of providing posi- the pilot program; section. tive behavioral interventions and supports (B) a description of best practices for the (6) REPORT.—Not later than 6 months after for all students, including improvement of adoption and meaningful use of certified conclusion of the pilot program, the Na- the learning environment, academic achieve- EHR technology by participating profes- tional Coordinator shall submit to the Sec- ment, disciplinary problems such as inci- sionals and hospitals; retary, the HIT Policy Committee, and the dents of suspensions, expulsions, referrals to (C) recommendations regarding whether relevant committees of Congress a report law enforcement, and other actions that re- the pilot program should be expanded; and that includes— move students from instruction, and any (D) recommendations for such legislation (A) an evaluation of the effectiveness of other effects the State chooses to evaluate. and administrative action as the National the pilot program; ‘‘(12) EARLY INTERVENING SERVICES.—In the Coordinator determines appropriate. (B) a description of best practices for the case of a State that proposes to use funds (8) AUTHORIZATION.—There are authorized adoption and meaningful use of certified under this part to support early intervening to be appropriated $40,000,000 for the period EHR technology by participating profes- services, the State plan shall describe how of fiscal years 2014 through 2016 to carry out sionals and hospitals; the State educational agency will— the pilot program under this subsection, to (C) recommendations regarding whether ‘‘(A) assist local educational agencies in remain available for the duration of the pilot the pilot program should be expanded; and implementing early intervening services in program. (D) recommendations for such legislation schools served by the local educational agen- (c) MEDICAID PILOT PROGRAM.— and administrative action as the National cy to reduce the need to label children as (1) ESTABLISHMENT.— Coordinator determines appropriate. children with disabilities in order to address (A) IN GENERAL.—The Secretary shall es- (7) AUTHORIZATION.—There are authorized the learning and behavioral needs of such tablish a pilot program under title XIX of to be appropriated $40,000,000 for the period children; the Social Security Act (42 U.S.C. 1396 et of fiscal years 2014 through 2016 to carry out ‘‘(B) provide technical assistance and seq.) under which incentive payments are the pilot program under this subsection, to training to local educational agencies to im- made to eligible Medicaid providers in par- remain available for the duration of the pilot prove coordination of early intervening serv- ticipating States for the adoption and mean- program. ices provided under this Act with early inter- ingful use of certified EHR technology. vening services carried out under the Indi- (B) DEFINITION OF ELIGIBLE MEDICAID PRO- SA 730. Mr. HARKIN (for himself, Mr. viduals with Disabilities Education Act; and VIDER.—In this subsection, the term ‘‘eligible ALEXANDER, Mr. FRANKEN, Ms. MUR- ‘‘(C) evaluate the effects of providing early Medicaid provider’’ means any of the fol- intervening services. KOWSKI, Mr. BENNET, Mr. ROBERTS, Ms. lowing: ‘‘(13) CRISIS MANAGEMENT PLANS.—In the (i) A clinical psychologist providing quali- BALDWIN, Ms. AYOTTE, Mrs. HAGAN, Mr. case of a State that proposes to use funds fied psychologist services (as defined in sec- MURPHY, Mr. BLUMENTHAL, and Mr. under this part to assist local educational tion 1861(ii) of the Social Security Act (42 JOHANNS) proposed an amendment to agencies in the State in periodically updat- U.S.C. 1395x(ii)), if such clinical psychologist the bill S. 649, to ensure that all indi- ing the crisis management plans, as de- is practicing in an outpatient setting that— viduals who should be prohibited from scribed in section 4114(d)(7)(D), of such local (I) is not otherwise receiving payment buying a firearm are listed in the na- educational agencies, the State plan shall under paragraph (1) of section 1903(t) of the describe how the State educational agency Social Security Act (42 U.S.C. 1396b(t)) as a tional instant criminal background check system and require a background will assist local educational agencies in up- Medicaid provider described in paragraph dating such crisis management plans.’’. (2)(B) of such section; and check for every firearm sale, and for (b) TITLE I STATE REPORTS.—Section (II) is described in clause (i), (ii), or (iii) of other purposes; as follows: 1111(h)(1)(C) of the Elementary and Sec- paragraph (2)(A) of such section. At the appropriate place, insert the fol- ondary Education Act of 1965 (20 U.S.C. (ii) A public hospital that is principally a lowing: 6311(h)(1)(C)) is amended— psychiatric hospital (as defined in section TITLE ll—MENTAL HEALTH AND (1) in clause (vii), by striking ‘‘and’’ after 1861(f) of the Social Security Act). SUBSTANCE USE DISORDERS the semicolon; (iii) A private hospital that is principally a (2) in clause (viii), by striking the period SEC. l01. SHORT TITLE. psychiatric hospital (as defined in such sec- and inserting a semicolon; and This title may be cited as the ‘‘Mental tion) and that has at least 10 percent of its (3) by adding at the end the following: Health Awareness and Improvement Act of patient volume (as estimated in accordance ‘‘(ix) the number of local educational agen- 2013’’. with a methodology established by the Sec- cies in the State that implement positive be- retary) attributable to individuals receiving Subtitle A—Education Programs havioral interventions and supports; medical assistance under title XIX of such SEC. l11. SHORT TITLE. ‘‘(x) the number of students— Act. This subtitle may be cited as the ‘‘Achieve- ‘‘(I) who are served through the use of (iv) A community mental health center (as ment Through Prevention Act’’. early intervening services; and described in section 1913(b)(2) of the Public SEC. l12. PURPOSE. ‘‘(II) who, in the preceding 2-year period, Health Service Act (42 U.S.C. 300x–2(b)(2))). The purpose of this subtitle is to expand received early intervening services and who, (2) DURATION.—The pilot program under the use of positive behavioral interventions after receiving such services, have been iden- this subsection shall be conducted for a pe- and supports and early intervening services tified as eligible for, and receive, special edu- riod of 3 years. in schools in order to improve student aca- cation and related services under part B of (3) REQUIREMENTS.— demic achievement, reduce overidentifica- the Individuals with Disabilities Education (A) ADOPTION AND MEANINGFUL USE.—The tion of individuals with disabilities, and re- Act; and Secretary shall establish standards for deter- duce disciplinary problems in schools. ‘‘(xi) the number of local educational agen- mining adoption and meaningful use for pur- SEC. l13. AMENDMENTS TO THE ELEMENTARY cies in the State that implement school- poses of making incentive payments to eligi- AND SECONDARY EDUCATION ACT based mental health programs.’’. ble Medicaid providers under the pilot pro- OF 1965. (c) TITLE I LOCAL EDUCATIONAL AGENCY gram under this subsection that are com- (a) TITLE I STATE PLANS.—Section 1111(b) PLANS.—Section 1112(b)(1) of the Elementary parable to the standards for adoption and use of the Elementary and Secondary Education and Secondary Education Act of 1965 (20 of certified EHR technology under section Act of 1965 (20 U.S.C. 6311(b)) is amended by U.S.C. 6312(b)(1)) is amended— 1903(t) of the Social Security Act (42 U.S.C. adding at the end the following: (1) in subparagraph (P), by striking ‘‘and’’ 1396b(t)). ‘‘(11) POSITIVE BEHAVIORAL INTERVENTIONS after the semicolon; (B) INCENTIVE PAYMENTS.—Any incentive AND SUPPORTS.—In the case of a State that (2) in subparagraph (Q), by striking the pe- payments made to eligible Medicaid pro- proposes to use funds under this part to sup- riod and inserting a semicolon; and viders under the pilot program under this port positive behavioral interventions and (3) by adding at the end the following: subsection shall be comparable to payment supports, the State plan shall describe how ‘‘(R) if the local educational agency pro- amounts provided under section 1903(t) of the the State educational agency will— poses to use subgrant funds under this part Social Security Act (42 U.S.C. 1396b(t)). ‘‘(A) assist local educational agencies in for positive behavioral interventions and (4) IDENTIFYING PILOT PROGRAM PARTICI- implementing positive behavioral interven- supports, a description of the actions the PANTS.—For purposes of selecting partici- tions and supports in schools served by the local educational agency will take to provide pants for the pilot program, the Secretary local educational agency on a whole-school positive behavioral interventions and sup- shall give priority to States in which the basis; ports and coordinate those activities with

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2767 activities carried out under the Individuals and supports and enhance coordination with ‘‘(vii) review the number of discipline inci- with Disabilities Education Act; activities carried out under the Individuals dents in the school and use that information ‘‘(S) if the local educational agency pro- with Disabilities Education Act; to assist the school to implement schoolwide poses to use subgrant funds under this part ‘‘(xii) specify whether the local edu- positive behavioral interventions and sup- for early intervening services, a description cational agency or the school will adopt and ports or other early intervening services, or of the actions the local educational agency implement policies or practices to imple- both; and will take to provide early intervening serv- ment or improve early intervening services ‘‘(viii) review and analyze the school’s ef- ices and coordinate those services with early and coordinate with early intervening serv- forts to address mental health needs among intervening services carried out under the ices carried out under such Act; and students and assist the school in developing Individuals with Disabilities Education Act; ‘‘(xiii) specify whether the local edu- or improving school-based mental health ‘‘(T) if the local educational agency pro- cational agency or school will adopt and im- programs that are coordinated with activi- poses to use subgrant funds under this part plement school-based mental health pro- ties carried out under the Individuals with for school-based mental health programs, a grams and coordinate with programs carried Disabilities Education Act.’’. description of the actions the local edu- out under such Act.’’. (g) TITLE I PARENTAL INVOLVEMENT.—Sec- cational agency will take to provide school- (2) LOCAL EDUCATIONAL AGENCY IMPROVE- tion 1118(e) of the Elementary and Secondary based mental health programs and coordi- MENT PLANS.—Section 1116(c)(10) of the Ele- Education Act of 1965 (20 U.S.C. 6318(e)) is nate those activities with activities carried mentary and Secondary Education Act of amended— out under the Individuals with Disabilities 1965 (20 U.S.C. 6316(c)(10)) is amended— (1) by redesignating paragraphs (6) through Education Act; and (A) in subparagraph (B), by striking ‘‘sub- (14) as paragraphs (7) through (15), respec- ‘‘(U) if the local educational agency pro- paragraph (E)’’ and inserting ‘‘subparagraph tively; and poses to use subgrant funds under this part (F)’’; (2) by inserting after paragraph (5) the fol- for periodically updating the crisis manage- (B) by redesignating subparagraphs (D) lowing: ment plan of the local educational agency, as through (F) as subparagraphs (E) through ‘‘(6) shall provide information to school described in section 4114(d)(7)(D), a descrip- (G), respectively; and personnel, students, and parents about the tion of the actions the local educational (C) by inserting after subparagraph (C) the school’s use of positive behavioral interven- agency will take to develop and implement following: tions and supports, school-based mental health programs, and the expectations of an updated crisis management plan.’’. ‘‘(D) ADDITIONAL ACTIVITIES.—In addition school personnel, students, and parents in (d) TITLE I SCHOOLWIDE PROGRAMS.— to carrying out 1 or more of the corrective (1) SCHOOLWIDE PROGRAMS.—Section supporting a safe learning environment for actions required under subparagraph (C) for 1114(b)(1)(B)(iii)(I) of the Elementary and all students;’’. a local educational agency, the State edu- Secondary Education Act of 1965 (20 U.S.C. (h) PREVENTION AND INTERVENTION PRO- cational agency may also carry out 1 or 6314(b)(1)(B)(iii)(I)) is amended— GRAMS.—Section 1414(c)(8) of the Elementary more of the following activities: (A) in item (aa), by striking ‘‘and men- and Secondary Education Act of 1965 (20 ‘‘(i) Improving or expanding positive be- toring services’’ and inserting ‘‘mentoring U.S.C. 6434(c)(8)) is amended by inserting ‘‘, havioral interventions and supports and en- services, and school-based mental health including coordinating the use of positive be- hancing coordination with activities under programs’’; havioral interventions and supports, early the Individuals with Disabilities Education (B) by redesignating items (bb) and (cc) as intervening services, and school-based men- Act. items (dd) and (ee), respectively; and tal health programs to improve academic (C) by inserting after item (aa) the fol- ‘‘(ii) Improving or expanding early inter- achievement and reduce disciplinary ac- lowing: vening services and coordinating such serv- tions’’ before the semicolon at the end. ‘‘(bb) implementation of schoolwide posi- ices with early intervening services carried (i) TECHNICAL ASSISTANCE.—Section 1419 of tive behavioral interventions and supports, out under the Individuals with Disabilities the Elementary and Secondary Education including through coordination with activi- Education Act.’’. Act of 1965 (20 U.S.C. 6439) is amended— ties carried out under the Individuals with (f) TITLE I SCHOOL SUPPORT AND RECOGNI- (1) in paragraph (1), by striking ‘‘and’’ Disabilities Education Act, in order to im- TION.— after the semicolon; prove academic outcomes for students and (1) REGIONAL CENTERS.—Section 1117(a)(3) (2) in paragraph (2), by striking the period reduce the need for suspensions, expulsions, of the Elementary and Secondary Education and inserting ‘‘; and’’; and and other actions that remove students from Act of 1965 (20 U.S.C. 6317(a)(3)) is amended— (3) by adding at the end the following: instruction; (A) by striking ‘‘of 2002 and comprehen- ‘‘(3) to provide technical assistance in im- ‘‘(cc) implementation of early intervening sive’’ and inserting ‘‘of 2002, comprehensive’’; plementing positive behavioral interventions and supports, early intervening services, and services, including through coordination (B) by striking ‘‘and the comprehensive’’ school-based mental health programs in with early intervening services carried out and inserting ‘‘, the comprehensive’’; and order to improve academic achievement and under the Individuals with Disabilities Edu- (C) by inserting ‘‘and any technical assist- reduce disciplinary actions.’’. cation Act;’’. ance center on schoolwide positive behav- (j) TITLE II MENTAL HEALTH PROFESSIONAL (2) TECHNICAL ASSISTANCE.—Section ioral interventions and supports funded DEVELOPMENT.—Section 2123 of the Elemen- under section 665(b) of the Individuals with 1116(b)(4)(B) of the Elementary and Sec- tary and Secondary Education Act of 1965 (20 Disabilities Education Act,’’ after ‘‘2002),’’. ondary Education Act of 1965 (20 U.S.C. U.S.C. 6623) is amended— (2) STATEWIDE SYSTEMS FOR SUPPORT.—Sec- 6316(b)(4)(B)) is amended— (1) in subsection (a), by inserting after tion 1117(a)(5)(B) of the Elementary and Sec- (A) by redesignating clauses (iii) and (iv) paragraph (8) the following: ondary Education Act of 1965 (20 U.S.C. as clauses (iv) and (v), respectively; and ‘‘(9) Carrying out in-service training for (B) by inserting after clause (ii) the fol- 6317(a)(5)(B)) is amended— school personnel in— lowing: (A) in clause (i), by striking the semicolon ‘‘(A) the techniques and supports needed to ‘‘(iii) shall include assistance in the imple- at the end and inserting the following: ‘‘, in- identify children with trauma histories, and mentation of schoolwide positive behavioral cluding by improving or expanding the use of children with, or at risk of, mental illness, interventions and supports, school-based positive behavioral interventions and sup- early; mental health programs, and other ap- ports aligned with activities carried out ‘‘(B) the use of referral mechanisms that proaches with evidence of effectiveness for under the Individuals with Disabilities Edu- effectively link such children to appropriate improving the learning environment in the cation Act;’’; treatment and intervention services in the school and reducing the need for suspensions, (B) in clause (iii), by striking ‘‘and’’ after school and in the community where appro- expulsions, and other actions that remove the semicolon; priate; and students from instruction, including effec- (C) in clause (iv), by striking the period ‘‘(C) forming partnerships between school- tive strategies for improving coordination of and inserting a semicolon; and based mental health programs and public or community resources;’’. (D) by adding at the end the following: private mental health organizations.’’; (e) TITLE I ASSESSMENTS AND SCHOOL IM- ‘‘(v) review and analyze the school’s efforts (2) by redesignating subsection (b) as sub- PROVEMENT.— to identify and assist students with poor aca- section (c); and (1) SCHOOL IMPROVEMENT PLAN.—Section demic achievement and students who are (3) by inserting after subsection (a) the fol- 1116(b)(3)(A) of the Elementary and Sec- children with disabilities, and assist the lowing: ondary Education Act of 1965 (20 U.S.C. school in developing or improving early in- ‘‘(b) LIABILITY PROTECTION FOR SCHOOL 6316(b)(3)(A)) is amended— tervening services that are coordinated with PERSONNEL.—Section 2366 shall apply to (A) in clause (ix), by striking ‘‘and’’ after activities carried out under the Individuals school personnel who received in-service the semicolon; with Disabilities Education Act; training under subsection (a)(9), and who are (B) in clause (x), by striking the period and ‘‘(vi) review and analyze the school’s ef- carrying out activities related to such train- inserting a semicolon; and forts to address behavioral or disciplinary ing, in the same manner as such section ap- (C) by adding at the end the following: problems, and assist the school in developing plies to teachers.’’. ‘‘(xi) specify whether the local educational or improving schoolwide positive behavioral (k) SCHOOL-BASED MENTAL HEALTH SERV- agency or the school will adopt and imple- interventions and supports that are coordi- ICES PARTNERSHIP PROGRAMS.—Section 4121 ment policies or practices to implement or nated with activities carried out under the of the Elementary and Secondary Education improve positive behavioral interventions Individuals with Disabilities Education Act; Act of 1965 (20 U.S.C. 7131) is amended—

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2768 CONGRESSIONAL RECORD — SENATE April 17, 2013 (1) in subsection (a)— tivities carried out under the Individuals this subsection in the same manner as such (A) in the matter preceding paragraph (1), with Disabilities Education Act; and section applies to teachers. by inserting ‘‘, health (including mental ‘‘(C) evaluate the effects of providing ‘‘(7) PROHIBITION AGAINST FEDERAL MAN- health),’’ after ‘‘promote safety’’; school-based mental health programs. DATES, DIRECTION, OR CONTROL OR FEDERAL (B) by redesignating paragraphs (3) ‘‘(4) USE OF FUNDS.—A local educational REGULATION.—In addition to the prohibition through (8) and (9) as paragraphs (4) through agency receiving a grant, contract, or coop- of Federal Government control of a State, (9) and (11), respectively; erative agreement under this subsection local educational agency, or school’s cur- (C) by inserting after paragraph (2) the fol- shall use funds provided under such grant, riculum or program of instruction that is lowing: contract, or cooperative agreement to pro- provided under section 9527(a), nothing in ‘‘(3) the development and implementation vide school-based mental health services and this subsection shall be construed to author- of school-based mental health services part- supports that— ize an officer or employee of the Federal nership programs under subsection (c);’’; ‘‘(A) may include— Government to mandate, direct, or control a (D) by striking paragraph (7), as redesig- ‘‘(i) the early identification of social, emo- State, local educational agency, or school’s nated by subparagraph (B), and inserting the tional, or behavioral problems, or substance specific instructional content or academic following: use disorders, and the provision of early in- achievement standards and assessments.’’. (l) DEFINITION.—Section 9101 of the Ele- ‘‘(7) assistance to school systems that have tervening services; mentary and Secondary Education Act of particularly severe drug and violence prob- ‘‘(ii) not withstanding section 4154, the 1965 (20 U.S.C. 7801) is amended— lems or assistance to support appropriate re- treatment or referral for treatment of stu- sponse efforts to crisis situations, includ- (1) by redesignating paragraphs (17) dents with social, emotional, or behavioral ing— through (43) as paragraphs (18) through (44), health problems, or substance use disorders; ‘‘(A) hiring drug prevention and school respectively; and ‘‘(iii) the development and implementation safety coordinators; and (2) by inserting after paragraph (16) the fol- of programs to assist children in dealing ‘‘(B) making available to students mental lowing: with trauma and violence; and health services, conflict resolution pro- ‘‘(17) EARLY INTERVENING SERVICES.—The ‘‘(iv) the development of mechanisms, grams, and other school-based violence pre- term ‘early intervening services’ means based on best practices, for children to re- vention strategies;’’; early intervening services described in sec- (E) in paragraph (9), as redesignated by port incidents of violence or plans by other tion 613(f)(1) of the Individuals with Disabil- subparagraph (B), by striking ‘‘and’’ after children or adults to commit violence; ities Education Act.’’. the semicolon; and ‘‘(B) are based on trauma-informed and evi- SEC. l14. CONFORMING AMENDMENTS. (F) by inserting after such paragraph (9) dence-based practices; (a) AMERICA COMPETES REAUTHORIZATION the following: ‘‘(C) are coordinated, where appropriate, ACT OF 2010.—Section 553(d)(6) of the Amer- ‘‘(10) assistance to States to help local edu- with early intervening services carried out ica COMPETES Reauthorization Act of 2010 cational agencies develop and implement under the Individuals with Disabilities Edu- (20 U.S.C. 9903(d)(6)) is amended by striking comprehensive emergency management cation Act; and ‘‘section 9101(23)’’ and inserting ‘‘section plans; and’’; and ‘‘(D) are provided by qualified mental and 9101(24)’’. (2) by adding at the end the following: behavioral health professionals who are cer- (b) HIGHER EDUCATION ACT OF 1965.—Sec- ‘‘(c) SCHOOL-BASED MENTAL HEALTH SERV- tified or licensed by the State involved and tion 255(k) of the Higher Education Act of ICES PARTNERSHIP PROGRAMS.— practicing within their area of expertise. 1965 is amended— ‘‘(1) IN GENERAL.—Each grant, contract, or ‘‘(5) GENERAL REQUIREMENTS.— (1) in paragraph (1), by striking ‘‘section cooperative agreement awarded or entered ‘‘(A) PARENTAL CONSENT.— 9101(23)(B)(ii)’’ and inserting ‘‘section into under subsection (a)(3) shall meet the ‘‘(i) IN GENERAL.—Each local educational 9101(24)(B)(ii)’’; and requirements of this subsection. agency receiving a grant, contract, or coop- (2) in paragraph (3), by striking ‘‘section ‘‘(2) ELIGIBILITY.— erative agreement under this subsection 9101(23)’’ and inserting ‘‘section 9101(24)’’. ‘‘(A) IN GENERAL.—To be eligible to receive shall obtain prior written, informed consent (c) INDIVIDUALS WITH DISABILITIES EDU- a grant, contract, or cooperative agreement from the parent of each child who is under 18 CATION ACT.—Section 602(10) of the Individ- under this subsection, a local educational years of age to participate in any assessment uals with Disabilities Education Act (20 agency shall enter into a school-based men- service, program, activity, or treatment that U.S.C. 1401(10)) is amended— tal health partnership that— is— (1) in subparagraph (C)(ii), by striking ‘‘(i) shall include a public or private men- ‘‘(I) funded under this subsection; and ‘‘section 9101(23)’’ and inserting ‘‘section tal health entity or health care entity; and ‘‘(II) conducted in connection with an ele- 9101(24)’’; and ‘‘(ii) may include a child welfare agency, mentary school or secondary school under (2) in each of clauses (ii) and (iii) of sub- family-based mental health entity, family the grant, contract, or cooperative agree- paragraph (D), by striking ‘‘section organization, trauma network, or other comment. 9101(23)(C)(ii)’’ and inserting ‘‘section munity-based entity. ‘‘(ii) EXCEPTION.—Notwithstanding clause 9101(24)(C)(ii)’’. ‘‘(B) FLEXIBILITY FOR CERTAIN LOCAL EDU- (i), the written, informed consent described Subtitle B—Health Programs CATIONAL AGENCIES.—Notwithstanding sub- in such clause shall not be required in— SEC. l21. GARRETT LEE SMITH MEMORIAL ACT paragraph (A), a local educational agency ‘‘(I) an emergency, where it is necessary to REAUTHORIZATION. that is eligible for services under subpart 1 protect the immediate health and safety of (a) SUICIDE PREVENTION TECHNICAL ASSIST- or 2 of part B of title VI, as determined by the student, other students, or school per- ANCE CENTER.—Section 520C of the Public the Secretary, and that is unable to partner sonnel; or Health Service Act (42 U.S.C. 290bb–34) is with a public or private mental health entity ‘‘(II) other instances where parental con- amended— or health care entity shall be eligible for a sent cannot reasonably be obtained, as de- (1) in the section heading, by striking the grant under this subsection if the local edu- fined by the Secretary. section heading and inserting ‘‘SUICIDE cational agency can demonstrate to the Sec- ‘‘(B) PROHIBITION ON MANDATORY MEDICA- PREVENTION TECHNICAL ASSISTANCE retary, in its application for a grant under TION.—No child shall be required to obtain a CENTER.’’; this subsection, that the local educational prescription for a substance covered by the (2) in subsection (a), by striking ‘‘and in agency can otherwise build the capacity to Controlled Substances Act (21 U.S.C. 801 et consultation with’’ and all that follows carry out the requirements of this sub- seq.) as a condition of receiving an evalua- through the period at the end of paragraph section. tion under this subsection, receiving services (2) and inserting ‘‘shall establish a research, ‘‘(3) APPLICATION.—A local educational under this subsection, or attending a school training, and technical assistance resource agency that desires a grant, contract, or co- receiving assistance under this subsection. center to provide appropriate information, operative agreement under this subsection ‘‘(C) PRIVACY.—Each local educational training, and technical assistance to States, shall include, in the application required by agency receiving a grant, contract, or coop- political subdivisions of States, federally the Secretary, a description of how the local erative agreement under this subsection recognized Indian tribes, tribal organiza- educational agency will— shall ensure that student mental health tions, institutions of higher education, pub- ‘‘(A) assist schools served by the local edu- records are accorded the privacy protections lic organizations, or private nonprofit orga- cational agency to provide, through the provided under the regulations promulgated nizations regarding the prevention of suicide school-based mental health services partner- under section 264(c) of the Health Insurance among all ages, particularly among groups ship program, comprehensive school-based Portability and Accountability Act of 1996 that are at high risk for suicide.’’; mental health services and supports and (Public Law 104–191; 110 Stat. 2033) and sec- (3) by striking subsections (b) and (c); comprehensive staff development for school tion 444 of the General Education Provisions (4) by redesignating subsection (d) as sub- and community service personnel working in Act (20 U.S.C. 1232g) (commonly referred to section (b); the school; as the ‘Family Educational Rights and Pri- (5) in subsection (b), as so redesignated— ‘‘(B) provide technical assistance and vacy Act of 1974’). (A) by striking the subsection heading and training to improve and support the develop- ‘‘(6) LIABILITY PROTECTION FOR SCHOOL PER- inserting ‘‘RESPONSIBILITIES OF THE CEN- ment, implementation, and coordination of SONNEL.—Section 2366 shall apply to school TER.’’; school-based mental health programs and en- personnel providing services under a grant, (B) in the matter preceding paragraph (1), sure such programs are coordinated with ac- contract, or cooperative agreement under by striking ‘‘The additional research’’ and

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2769 all that follows through ‘‘nonprofit organiza- ‘‘(4) Providing outreach services to notify SEC. l23. CHILDREN’S RECOVERY FROM TRAU- tions for’’ and inserting ‘‘The center estab- students about available mental health and MA. lished under subsection (a) shall conduct ac- substance use disorder services. Section 582 of the Public Health Service tivities for the purpose of’’; ‘‘(5) Administering voluntary mental Act (42 U.S.C. 290hh–1) is amended— (C) by striking ‘‘youth suicide’’ each place health and substance use disorder screenings (1) in subsection (a), by striking ‘‘devel- such term appears and inserting ‘‘suicide’’; and assessments. oping programs’’ and all that follows and in- (D) in paragraph (1)— ‘‘(6) Supporting the training of students, serting ‘‘developing and maintaining pro- (i) by striking ‘‘the development or con- faculty, and staff to respond effectively to grams that provide for— tinuation of’’ and inserting ‘‘developing and students with mental health and substance ‘‘(1) the continued operation of the Na- continuing’’; and use disorders. tional Child Traumatic Stress Initiative (re- (ii) by inserting ‘‘for all ages, particularly ‘‘(7) Creating a network infrastructure to ferred to in this section as the ‘NCTSI’), among groups that are at high risk for sui- link colleges and universities with health which includes a coordinating center, that cide’’ before the semicolon at the end; care providers who treat mental health and focuses on the mental, behavioral, and bio- (E) in paragraph (2), by inserting ‘‘for all substance use disorders.’’; logical aspects of psychological trauma re- ages, particularly among groups that are at (4) in subsection (c)(5), by striking ‘‘sub- sponse; and high risk for suicide’’ before the semicolon stance abuse’’ and inserting ‘‘substance use ‘‘(2) the development of knowledge with re- at the end; disorder’’; gard to evidence-based practices for identi- (F) in paragraph (3), by inserting ‘‘and trib- (5) in subsection (d)— fying and treating mental, behavioral, and al’’ after ‘‘statewide’’; (A) in the matter preceding paragraph (1), biological disorders of children and youth re- (G) in paragraph (5), by inserting ‘‘and pre- by striking ‘‘An institution of higher edu- sulting from witnessing or experiencing a vention’’ after ‘‘intervention’’; cation desiring a grant under this section’’ traumatic event.’’; (H) in paragraph (8), by striking ‘‘in and inserting ‘‘To be eligible to receive a (2) in subsection (b)— youth’’; grant under this section, an institution of (A) by striking ‘‘subsection (a) related’’ (I) in paragraph (9), by striking ‘‘and be- higher education’’; and inserting ‘‘subsection (a)(2) (related’’; havioral health’’ and inserting ‘‘health and (B) in paragraph (1)— (B) by striking ‘‘treating disorders associ- substance use disorder’’; and (i) by striking ‘‘and behavioral health’’ and ated with psychological trauma’’ and insert- (J) in paragraph (10), by inserting ‘‘con- inserting ‘‘health and substance use dis- ing ‘‘treating mental, behavioral, and bio- ducting’’ before ‘‘other’’; and order’’; and logical disorders associated with psycho- (6) by striking subsection (e) and inserting (ii) by inserting ‘‘, including veterans logical trauma)’’; and the following: whenever possible and appropriate,’’ after (C) by striking ‘‘mental health agencies ‘‘students’’; and and programs that have established clinical ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (C) in paragraph (2), by inserting ‘‘, which and basic research’’ and inserting ‘‘univer- For the purpose of carrying out this section, may include, as appropriate and in accord- sities, hospitals, mental health agencies, and there are authorized to be appropriated ance with subsection (b)(7), a plan to seek other programs that have established clin- $4,948,000 for each of fiscal years 2014 through input from relevant stakeholders in the com- ical expertise and research’’; 2018.’’. munity, including appropriate public and (3) by redesignating subsections (c) (b) YOUTH SUICIDE EARLY INTERVENTION private entities, in order to carry out the through (g) as subsections (g) through (k), AND PREVENTION STRATEGIES.—Section 520E program under the grant’’ before the period respectively; of the Public Health Service Act (42 U.S.C. at the end; (4) by inserting after subsection (b), the 290bb–36) is amended— (6) in subsection (e)(1), by striking ‘‘and be- following: (1) in paragraph (1) of subsection (a) and in havioral health problems’’ and inserting ‘‘(c) CHILD OUTCOME DATA.—The NCTSI co- subsection (c), by striking ‘‘substance abuse’’ ‘‘health and substance use disorders’’; ordinating center shall collect, analyze, and each place such term appears and inserting (7) in subsection (f)(2)— report NCTSI-wide child treatment process ‘‘substance use disorder’’; (A) by striking ‘‘and behavioral health’’ and outcome data regarding the early identi- (2) in subsection (b)(2)— and inserting ‘‘health and substance use dis- fication and delivery of evidence-based treat- (A) by striking ‘‘each State is awarded order’’; and ment and services for children and families only 1 grant or cooperative agreement under (B) by striking ‘‘suicide and substance served by the NCTSI grantees. this section’’ and inserting ‘‘a State does not abuse’’ and inserting ‘‘suicide and substance ‘‘(d) TRAINING.—The NCTSI coordinating receive more than 1 grant or cooperative use disorders’’; and center shall facilitate the coordination of agreement under this section at any 1 time’’; (8) in subsection (h), by striking ‘‘$5,000,000 training initiatives in evidence-based and and for fiscal year 2005’’ and all that follows trauma-informed treatments, interventions, (B) by striking ‘‘been awarded’’ and insert- through the period at the end and inserting and practices offered to NCTSI grantees, pro- ing ‘‘received’’; and ‘‘$4,858,000 for each of fiscal years 2014 viders, and partners. (3) by striking subsection (m) and inserting through 2018.’’. ‘‘(e) DISSEMINATION.—The NCTSI coordi- the following: SEC. l22. MENTAL HEALTH AWARENESS TRAIN- nating center shall, as appropriate, collabo- ING GRANTS. rate with the Secretary in the dissemination ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Section 520J of the Public Health Service of evidence-based and trauma-informed For the purpose of carrying out this section, Act (42 U.S.C. 290bb–41) is amended— interventions, treatments, products and there are authorized to be appropriated (1) in the section heading, by inserting other resources to appropriate stakeholders. $29,682,000 for each of fiscal years 2014 ‘‘MENTAL HEALTH AWARENESS’’ before ‘‘(f) REVIEW.—The Secretary shall, con- through 2018.’’. ‘‘TRAINING’’; and sistent with the peer review process, ensure (c) MENTAL HEALTH AND SUBSTANCE USE (2) in subsection (b)— that NCTSI applications are reviewed by ap- DISORDER SERVICES.—Section 520E–2 of the (A) in the subsection heading, by striking propriate experts in the field as part of a Public Health Service Act (42 U.S.C. 290bb– ‘‘ILLNESS’’ and inserting ‘‘HEALTH’’; consensus review process. The Secretary 36b) is amended— (B) in paragraph (1), by inserting ‘‘and shall include review criteria related to ex- (1) in the section heading, by striking other categories of individuals, as deter- pertise and experience in child trauma and ‘‘AND BEHAVIORAL HEALTH’’ and inserting mined by the Secretary,’’ after ‘‘emergency evidence-based practices.’’; ‘‘HEALTH AND SUBSTANCE USE DIS- services personnel’’; (5) in subsection (g) (as so redesignated), by ORDER SERVICES’’; (C) in paragraph (5)— striking ‘‘with respect to centers of excel- (2) in subsection (a)— (i) in the matter preceding subparagraph lence are distributed equitably among the (A) by striking ‘‘Services,’’ and inserting (A), by striking ‘‘to’’ and inserting ‘‘for evi- regions of the country’’ and inserting ‘‘are ‘‘Services and’’; dence-based programs for the purpose of’’; distributed equitably among the regions of (B) by striking ‘‘and behavioral health and the United States’’; problems’’ and inserting ‘‘health or sub- (ii) by striking subparagraphs (A) through (6) in subsection (i) (as so redesignated), by stance use disorders’’; and (C) and inserting the following: striking ‘‘recipient may not exceed 5 years’’ (C) by striking ‘‘substance abuse’’ and in- ‘‘(A) recognizing the signs and symptoms and inserting ‘‘recipient shall not be less serting ‘‘substance use disorders’’; of mental illness; and than 4 years, but shall not exceed 5 years’’; (3) in subsection (b)— ‘‘(B)(i) providing education to personnel re- and (A) in the matter preceding paragraph (1), garding resources available in the commu- (7) in subsection (j) (as so redesignated), by by striking ‘‘for—’’ and inserting ‘‘for one or nity for individuals with a mental illness and striking ‘‘$50,000,000’’ and all that follows more of the following:’’; and other relevant resources; or through ‘‘2006’’ and inserting ‘‘$45,713,000 for (B) by striking paragraphs (1) through (6) ‘‘(ii) the safe de-escalation of crisis situa- each of fiscal years 2014 through 2018’’. and inserting the following: tions involving individuals with a mental ill- SEC. l24. ASSESSING BARRIERS TO BEHAVIORAL ‘‘(1) Educating students, families, faculty, ness.’’; and HEALTH INTEGRATION. and staff to increase awareness of mental (D) in paragraph (7), by striking ‘‘, (a) IN GENERAL.—Not later than 2 years health and substance use disorders. $25,000,000’’ and all that follows through the after the date of enactment of this Act, the ‘‘(2) The operation of hotlines. period at the end and inserting ‘‘$20,000,000 Comptroller General of the United States ‘‘(3) Preparing informational material. for each of fiscal years 2014 through 2018’’. shall submit a report to the Committee on

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2770 CONGRESSIONAL RECORD — SENATE April 17, 2013 Health, Education, Labor, and Pensions of SEC. l26. EXAMINING MENTAL HEALTH CARE SA 731. Ms. KLOBUCHAR (for herself FOR CHILDREN. the Senate and the Committee on Energy and Ms. HIRONO) submitted an amend- and Commerce of the House of Representa- (a) IN GENERAL.—Not later than 1 year ment intended to be proposed by her to after the date of enactment of this Act, the tives concerning Federal requirements that the bill S. 649, to ensure that all indi- impact access to treatment of mental health Comptroller General of the United States and substance use disorders related to inte- shall conduct an independent evaluation, and viduals who should be prohibited from gration with primary care, administrative submit to the Committee on Health, Edu- buying a firearm are listed in the na- and regulatory issues, quality measurement cation, Labor, and Pensions of the Senate tional instant criminal background and accountability, and data sharing. and the Committee on Energy and Commerce check system and require a background (b) CONTENTS.—The report submitted under of the House of Representatives, a report check for every firearm sale, and for subsection (a) shall include the following: concerning the utilization of mental health other purposes; which was ordered to (1) An evaluation of the administrative or services for children, including the usage of lie on the table; as follows: regulatory burden on behavioral healthcare psychotropic medications. providers. (b) CONTENT.—The report submitted under At the appropriate place, insert the fol- (2) The identification of outcome and qual- subsection (a) shall review and assess— lowing: ity measures relevant to integrated health (1) the ways in which children access men- SEC. lll. ADDITION OF DATING PARTNERS AND care, evaluation of the data collection bur- tal health care, including information on INDIVIDUALS SUBJECT TO RE- den on behavioral healthcare providers, and whether children are treated by primary care STRAINING ORDERS. any alternative methods for evaluation. or specialty providers, what types of refer- (a) DEFINITION.—Section 921(a) of title 18, (3) An analysis of the degree to which elec- rals for additional care are recommended, United States Code, is amended— tronic data standards, including interoper- and any barriers to accessing this care; (1) by striking paragraph (32) and inserting ability and meaningful use includes behav- (2) the extent to which children are pre- the following: ioral health measures, and an analysis of scribed psychotropic medications in the ‘‘(32) The term ‘intimate partner’— strategies to address barriers to health infor- United States including the frequency of ‘‘(A) means with respect to a person, the mation exchange posed by part 2 of title 42, concurrent medication usage; and spouse of the person, a former spouse of the Code of Federal Regulations. (3) the tools, assessments, and medications person, an individual who is a parent of a (4) An analysis of the degree to which Fed- that are available and used to diagnose and child of the person, and an individual who eral rules and regulations for behavioral and treat children with mental health disorders. cohabitates or has cohabited with the per- physical health care are aligned, including SEC. l27. EVIDENCE BASED PRACTICES FOR son; and recommendations to address any identified OLDER ADULTS. ‘‘(B) includes— barriers. Section 520A(e) of the Public Health Serv- ‘‘(i) a dating partner (as defined in section SEC. l25. INCREASING EDUCATION AND AWARE- ice Act (42 U.S.C. 290bb-32(e)) is amended by 2266); and NESS OF TREATMENTS FOR OPIOID adding at the end the following: ‘‘(ii) any other person similarly situated to USE DISORDERS. ‘‘(3) GERIATRIC MENTAL HEALTH DIS- a spouse who is protected by the domestic or (a) IN GENERAL.—In order to improve the ORDERS.—The Secretary shall, as appro- family violence laws of the State or tribal quality of care delivery and treatment out- priate, provide technical assistance to grant- jurisdiction in which the injury occurred or comes among patients with opioid use dis- ees regarding evidence-based practices for where the victim resides.’’; and orders, the Secretary of Health and Human the prevention and treatment of geriatric (2) in paragraph (33)(A)(ii)— Services (referred to in this section as the mental health disorders and co-occurring (A) by inserting ‘‘intimate partner,’’ after ‘‘Secretary’’), acting through the Adminis- mental health and substance use disorders ‘‘former spouse,’’; and trator for the Substance Abuse and Mental among geriatric populations, as well as dis- (B) by inserting ‘‘intimate partner,’’ after Health Services Administration, may ad- seminate information about such evidence- ‘‘a spouse,’’ each place it appears. vance, through existing programs as appro- based practices to States and nongrantees (b) ADDITION OF STALKING.—Section 922 of priate, the education and awareness of pro- throughout the United States.’’. title 18, United States Code, is amended— viders, patients, and other appropriate SEC. l28. NATIONAL VIOLENT DEATH REPORT- (1) in subsection (d)— stakeholders regarding all products approved ING SYSTEM. (A) in paragraph (8)(ii), by striking ‘‘or’’ at by the Food and Drug Administration to The Secretary of Health and Human Serv- the end; treat opioid use disorders. ices, acting through the Director of the Cen- (B) in paragraph (9), by striking the period (b) ACTIVITIES.—The activities described in ters for Disease Control and Prevention, is at the end and inserting ‘‘; or’’; and subsection (a) may include— encouraged to improve, particularly through (C) by inserting after paragraph (9) the fol- (1) disseminating evidence-based practices the inclusion of additional States, the Na- lowing: for the treatment of opioid use disorders; tional Violent Death Reporting System as ‘‘(10) has been convicted in any court of a (2) facilitating continuing education pro- authorized by title III of the Public Health misdemeanor crime of stalking.’’; and grams for health professionals involved in Service Act. Participation in the system by (2) in subsection (g)— treating opioid use disorders; the States shall be voluntary. (A) in paragraph (8)(C)(ii), by striking ‘‘or’’ (3) increasing awareness among relevant SEC. l29. GAO STUDY ON VIRGINIA TECH REC- at the end; stakeholders of the treatment of opioid use OMMENDATIONS. (B) in paragraph (9), by striking the disorders; (a) IN GENERAL.—Not later than 1 year comma at the end and inserting ‘‘; or’’; and (4) assessing current barriers to the treat- after the date of enactment of this Act, the (C) by inserting after paragraph (9) the fol- ment of opioid use disorders for patients and Comptroller General of the United States lowing: providers and development and implementa- shall conduct an independent evaluation, and ‘‘(10) has been convicted in any court of a tion of strategies to mitigate such barriers; submit to the appropriate committees of misdemeanor crime of stalking,’’. and Congress a report concerning the status of (5) continuing innovative approaches to implementation of recommendations made SA 732. Mr. GRAHAM (for himself, the treatment of opioid use disorders in var- in the report to the President, On Issues Mr. BEGICH, Mr. FLAKE, Mr. PRYOR, Mr. ious treatment settings, such as prisons, Raised by the Virginia Tech Tragedy, by the HELLER, Mr. CORNYN, Mr. CHAMBLISS, community mental health centers, primary Secretaries of Health and Human Services Mr. PORTMAN, and Mr. MCCAIN) sub- care, and hospitals. and Education and the Attorney General of mitted an amendment intended to be (c) REPORT.—Not later than 1 year after the United States, submitted to the Presi- the date of enactment of this Act, if the Sec- dent on June 13, 2007. proposed by him to the bill S. 649, to retary carries out the activities under this (b) CONTENT.—The report submitted to the ensure that all individuals who should section, the Secretary shall submit to the committees of Congress under subsection (a) be prohibited from buying a firearm Committee on Health, Education, Labor, and shall review and assess— are listed in the national instant crimi- Pensions of the Senate and the Committee (1) the extent to which the recommenda- nal background check system and re- on Energy and Commerce of the House of tions in the report that include participation quire a background check for every Representatives a report that examines— by the Department of Health and Human firearm sale, and for other purposes; (1) the activities the Substance Abuse and Services were implemented; Mental Health Services Administration con- (2) whether there are any barriers to imple- which was ordered to lie on the table; ducts under this section, including any po- mentation of such recommendations; and as follows: tential impacts on health care costs associ- (3) identification of any additional actions Strike titles I and II and insert the fol- ated with such activities; the Federal government can take to support lowing: (2) the role of adherence in the treatment States and local communities and ensure TITLE I—NICS REPORTING IMPROVEMENT of opioid use disorders and methods to re- that the Federal government and Federal ACT duce opioid use disorders; and law are not obstacles to addressing at the (3) recommendations on priorities and community level— SEC. 101. SHORT TITLE. strategies to address co-occurring substance (A) school violence; and This title may be cited as the ‘‘NICS Re- use disorders and mental illnesses. (B) mental illness. porting Improvement Act of 2013’’.

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 17, 2013 CONGRESSIONAL RECORD — SENATE S2771 SEC. 102. DEFINITIONS RELATING TO MENTAL tardation or mental illness, including a psy- listed in the national instant criminal HEALTH. chiatric ward in a general hospital.’’; and background check system and require a (a) TITLE 18 DEFINITIONS.—Chapter 44 of (2) in section 922— background check for every firearm title 18, United States Code, is amended— (A) in subsection (d)(4)— sale, and for other purposes; which was (1) in section 921(a), by adding at the end (i) by striking ‘‘as a mental defective’’ and the following: inserting ‘‘mentally incompetent’’; and ordered to lie on the table; as follows: ‘‘(36)(A) Subject to subparagraph (B), the (ii) by striking ‘‘any mental institution’’ At the appropriate place, insert the fol- term ‘has been adjudicated mentally incom- and inserting ‘‘a psychiatric hospital’’; and lowing: petent or has been committed to a psy- (B) in subsection (g)(4)— TITLE ll—MENTAL HEALTH CARE chiatric hospital’, with respect to a person— (i) by striking ‘‘as a mental defective or SEC. l01. SHORT TITLE. ‘‘(i) means the person is the subject of an who has’’ and inserting ‘‘mentally incom- This title may be cited as the ‘‘Excellence order or finding by a judicial officer, court, petent or has’’; and in Mental Health Act’’. (ii) by striking ‘‘mental institution’’ and board, commission, or other adjudicative SEC. l02. ESTABLISHING CERTIFIED COMMU- body— inserting ‘‘psychiatric hospital’’. NITY BEHAVIORAL HEALTH CLINICS. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(I) that was issued after— (a) IN GENERAL.—Section 1913 of the Public MENT.—The NICS Improvement Amendments ‘‘(aa) a hearing— Health Service Act (42 U.S.C. 300x–2) is Act of 2007 (18 U.S.C. 922 note) is amended— ‘‘(AA) of which the person received actual amended— (1) by striking ‘‘as a mental defective’’ notice; and (1) in subsection (a)(2)(A), by striking each place that term appears and inserting ‘‘(BB) at which the person had an oppor- ‘‘community mental health services’’ and in- ‘‘mentally incompetent’’; tunity to participate with counsel; or serting ‘‘behavioral health services (of the (2) by striking ‘‘mental institution’’ each ‘‘(bb) the person knowingly and intel- type offered by certified community behav- place that term appears and inserting ‘‘psy- ligently waived the opportunity for a hear- ioral health clinics consistent with sub- chiatric hospital’’; and ing— section (c)(3))’’; (3) in section 102(c)(3)— ‘‘(AA) of which the person received actual (2) in subsection (b)— (A) in the paragraph heading, by striking notice; and (A) by striking paragraph (1) and inserting ‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO A ‘‘(BB) at which the person would have had the following: MENTAL INSTITUTION’’ and inserting ‘‘MEN- an opportunity to participate with counsel; ‘‘(1) services under the plan will be pro- TALLY INCOMPETENT OR COMMITTED TO A PSY- and vided only through appropriate, qualified CHIATRIC HOSPITAL’’; and ‘‘(II) that found that the person, as a result community programs (which may include (B) by striking ‘‘mental institutions’’ and of marked subnormal intelligence, mental certified community behavioral health clin- inserting ‘‘psychiatric hospitals’’. impairment, or mental illness— ics, child mental health programs, psycho- ‘‘(aa) was a danger to himself or to others; SEC. 103. REDUCTION OF BYRNE JAG FUNDS FOR social rehabilitation programs, mental STATE FAILURE TO PROVIDE MEN- ‘‘(bb) was guilty but mentally ill in a health peer-support programs, outpatient ad- criminal case; TAL HEALTH RECORDS TO NICS. Section 104(b) of the NICS Improvement diction treatment programs, acute detoxi- ‘‘(cc) was not guilty in a criminal case by Amendments Act of 2007 (18 U.S.C. 922 note) fication services, and mental health primary reason of insanity or mental disease or de- is amended— consumer-directed programs); and’’; and fect; (1) by striking paragraphs (1) and (2); (B) in paragraph (2), by striking ‘‘commu- ‘‘(dd) was incompetent to stand trial in a (2) by redesignating paragraph (3) as para- nity mental health centers’’ and inserting criminal case; graph (2); ‘‘certified community behavioral health clin- ‘‘(ee) was not guilty only by reason of lack (3) in paragraph (2), as redesignated, by ics’’; and of mental responsibility under section 850a of striking ‘‘of paragraph (2)’’ and inserting ‘‘of (3) by striking subsection (c) and inserting title 10 (article 50a of the Uniform Code of paragraph (1)’’; and the following: Military Justice); (4) by inserting before paragraph (2), as re- ‘‘(c) CRITERIA FOR CERTIFIED COMMUNITY ‘‘(ff) required involuntary inpatient treat- designated, the following: BEHAVIORAL HEALTH CLINICS.— ment by a psychiatric hospital; N GENERAL ‘‘(1) REDUCTION FOR FAILURE TO PROVIDE ‘‘(1) I .—The Administrator shall ‘‘(gg) required involuntary outpatient MENTAL HEALTH RECORDS.— certify, and recertify at least every 5 years, treatment by a psychiatric hospital based on ‘‘(A) IN GENERAL.—During the period begin- certified community behavioral health clin- a finding that the person is a danger to him- ning on the date that is 18 months after the ics as meeting the criteria specified in this self or to others; or date of enactment of the NICS Reporting Im- subsection. ‘‘(hh) required involuntary commitment to provement Act of 2013 and ending on the day ‘‘(2) REGULATIONS.—Not later than 18 a psychiatric hospital for any reason, includ- before the date described in subparagraph months after the date of the enactment of ing drug use; and (B), the Attorney General shall withhold 5 the Excellence in Mental Health Act— ‘‘(ii) does not include— percent of the amount that would otherwise ‘‘(A) the Administrator, in consultation ‘‘(I) a person who is in a psychiatric hos- be allocated to a State under section 505 of with State Mental Health and Substance pital for observation; or the Omnibus Crime Control and Safe Streets Abuse Authorities, shall issue final regula- ‘‘(II) a voluntary admission to a psy- Act of 1968 (42 U.S.C. 3755) if the State does tions for certifying non-profit and local gov- chiatric hospital. not— ernment behavioral health authorities and ‘‘(B) In this paragraph, the term ‘order or ‘‘(i) provide not less than 90 percent of the Indian Health Service tribal facilities as finding’ does not include— records required to be provided under sec- clinics under paragraph (1); and ‘‘(i) an order or finding that has expired or tions 102 and 103; or ‘‘(B) the Secretary, in determining eligible has been set aside or expunged; ‘‘(ii) have in effect a statute that— non-profit entities under this subsection, ‘‘(ii) an order or finding that is no longer ‘‘(I) requires the State to provide the shall promulgate regulations specifying that applicable because a judicial officer, court, records required to be provided under sec- an entity receiving payment under section board, commission, or other adjudicative tions 102 and 103; and 1902(bb) of the Social Security Act may not body has found that the person who is the ‘‘(II) implements a relief from disabilities be owned , controlled, or operated by another subject of the order or finding— program in accordance with section 105. entity. ‘‘(I) does not present a danger to himself or RITERIA ‘‘(B) FINAL IMPLEMENTATION DEADLINE.—Be- ‘‘(3) C .—The criteria referred to in to others; ginning on the date that is 5 years after the subsection (b)(2) are that the clinic performs ‘‘(II) has been restored to sanity or cured date of enactment of the NICS Reporting Im- each of the following: of mental disease or defect; provement Act of 2013, the Attorney General ‘‘(A) Provide services in locations that en- ‘‘(III) has been restored to competency; or shall withhold 10 percent of the amount that sure services will be available and accessible ‘‘(IV) no longer requires involuntary inpa- would otherwise be allocated to a State promptly and in a manner which preserves tient or outpatient treatment by, or involun- under section 505 of the Omnibus Crime Con- human dignity and assures continuity of tary commitment to, a psychiatric hospital; trol and Safe Streets Act of 1968 (42 U.S.C. care. or 3755) if the State does not have in effect a ‘‘(B) Provide services in a mode of service ‘‘(iii) an order or finding with respect to statute described in subparagraph (A)(ii) of delivery appropriate for the target popu- which the person who is subject to the order this paragraph.’’. lation. or finding has been granted relief from dis- ‘‘(C) Provide individuals with a choice of abilities under section 925(c) or under a pro- SA 733. Ms. STABENOW (for herself, service options, including developmentally gram described in section 101(c)(2)(A) or 105 Mr. BLUNT, Mr. REED, Mr. RUBIO, Ms. appropriate evidence based interventions, of the NICS Improvement Amendments Act where there is more than one efficacious COLLINS, Mr. BLUMENTHAL, Mr. UDALL of 2007 (18 U.S.C. 922 note). treatment. ‘‘(37) The term ‘psychiatric hospital’ in- of New Mexico, and Mr. TESTER) sub- ‘‘(D) Employ a core clinical staff that is cludes a mental health facility, a mental mitted an amendment intended to be trained to provide evidence-based practices hospital, a sanitarium, a psychiatric facility, proposed by her to the bill S. 649, to en- and is multidisciplinary and culturally and and any other facility that provides diag- sure that all individuals who should be linguistically competent, including the noses by licensed professionals of mental re- prohibited from buying a firearm are availability of translation or similar services

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2772 CONGRESSIONAL RECORD — SENATE April 17, 2013 and arrangements if the clinic is located in a to ensure that the delivery of behavioral ‘‘(i) ensure the geographic diversity of such geographic area of limited English-speaking health care is integrated with primary and clinics; ability. preventive care services, so long as such ‘‘(ii) ensure that applications from clinics ‘‘(E) Establish an emergency plan to sup- linkages, contract, agreement, or partner- located in rural areas, as defined by the Sec- port continuity of services for individuals ship meets requirements as prescribed by the retary, and other mental health professional during an emergency or disaster. Secretary; shortage areas are fairly and appropriately ‘‘(F) Demonstrate the capacity to comply ‘‘(K) Maintain additional linkages and considered with the objective of facilitating with behavioral health and related health where possible enter into formal contracts access to mental health services in such care quality measures promulgated by such with the following: areas; and entities as the National Quality Forum, the ‘‘(i) Inpatient psychiatric facilities and ‘‘(iii) take into account the ability of such National Committee for Quality Assurance, substance use detoxification, post-detoxifica- clinics to provide required services, and the or other nationally recognized accrediting tion step-down services, and residential pro- ability of such clinics to report required data bodies. grams. as required under this title. ‘‘(G) Provide services to any individual re- ‘‘(ii) Adult and youth peer support and ‘‘(6) EXEMPTION.—Certified community be- siding or employed in the service area of the counselor services. havioral health clinics receiving payments clinic and ensure that no patient or con- ‘‘(iii) Family support services for families under section 1902(bb) of the Social Security sumer will be denied mental health or other of children with serious mental or substance Act which are located in rural areas, as de- health care services due to an individual’s use disorders. fined by the Secretary, shall be exempt from inability to pay for such services. ‘‘(iv) Other community or regional serv- the requirements contained in subparagraphs ‘‘(H) Ensure that any fees or payments re- ices, supports, and providers, including (A) and (I)(v) of paragraph (3).’’. quired by the clinic for such services will be schools, child welfare agencies, juvenile and (b) CONFORMING AMENDMENTS TO MEDICARE reduced or waived to enable the clinic to criminal justice agencies and facilities, In- DEFINITION OF COMMUNITY MENTAL HEALTH comply with subparagraph (G), including dian Health Service youth regional treat- CENTER.—Section 1861(ff)(3)(B) of the Social preparing a schedule of fees or payments for ment centers, housing agencies and pro- Security Act (42 U.S.C. 1395x(ff)(3)(B)) is the provision of services that is consistent amended— with locally prevailing rates or charges de- grams, employers, and other social and human services. (1) in clause (i)— signed to cover the reasonable costs to the (A) in subclause (I), by inserting ‘‘(as in ef- clinic of operation along with a cor- ‘‘(v) Onsite or offsite access to primary care services. fect on the day before the date of the enact- responding schedule of discounts to be ap- ment of the Excellence in Mental Health plied to the payment of such fees or pay- ‘‘(vi) Enabling services, including out- Act)’’ after ‘‘Service Act’’; and ments, such discounts to be adjusted on the reach, transportation, and translation. (B) in subclause (II), by inserting ‘‘(as so in basis of the patient’s ability to pay. ‘‘(vii) Health and wellness services, includ- effect)’’ after ‘‘of such section’’; and ‘‘(I) Provide, directly or through contract, ing services for tobacco cessation. (2) in clause (iv)(III), by striking ‘‘1931(c)(1) to the extent covered for adults in the State ‘‘(viii) Department of Veterans Affairs of the Public Health Service Act’’ and insert- Medicaid plan under title XIX of the Social medical centers, independent outpatient ing ‘‘1913(c)(1) of the Public Health Service Security Act and for children in accordance clinics, drop-in centers, and other facilities Act (as so in effect)’’. with section 1905(r) of such Act regarding of the Department as defined in section 1801 early and periodic screening, diagnosis, and of title 38, United States Code. SEC. l03. MEDICAID COVERAGE AND PAYMENT treatment, each of the following services: ‘‘(L) Where feasible, provide outreach and FOR COMMUNITY BEHAVIORAL ‘‘(i) Screening, assessment, and diagnosis, engagement to encourage individuals who HEALTH CLINIC SERVICES. including risk assessment. could benefit from mental health care to (a) PAYMENT FOR SERVICES PROVIDED BY ‘‘(ii) Person-centered treatment planning freely participate in receiving the adminis- CERTIFIED COMMUNITY BEHAVIORAL HEALTH or similar processes, including risk assess- trative services described in this subsection. CLINICS.—Section 1902(bb) of the Social Secu- ment and crisis planning. ‘‘(M) Where feasible, provide intensive, rity Act (42 U.S.C. 1396a(bb)) is amended— ‘‘(iii) Outpatient mental health and sub- community-based mental health care for (1) in the heading, by striking ‘‘AND RURAL stance use services, including screening, as- members of the armed forces and veterans, HEALTH CLINICS’’ and inserting ‘‘, CERTIFIED sessment, diagnosis, psychotherapy, cog- particularly those members and veterans lo- COMMUNITY BEHAVIORAL HEALTH CLINICS, AND nitive behavioral therapy, applied behavioral cated in rural areas, such care to be con- RURAL HEALTH CLINICS’’; analysis, medication management, and inte- sistent with minimum clinical mental health (2) in paragraph (1), by inserting ‘‘(and be- grated treatment for trauma, mental illness, guidelines promulgated by the Veterans ginning with fiscal year 2016 with respect to and substance abuse which shall be evidence- Health Administration including clinical services furnished on or after January 1, 2016, based (including cognitive behavioral ther- guidelines contained in the Uniform Mental and each succeeding fiscal year, for services apy, long acting injectable medications, and Health Services Handbook of such Adminis- described in section 1905(a)(2)(D) furnished other such therapies which are evidence- tration. by a certified community behavioral health based). ‘‘(N) Where feasible, require certified com- clinic)’’ after ‘‘by a rural health clinic’’; ‘‘(iv) Outpatient clinic primary care munity behavioral health clinics to provide (3) in paragraph (2)— screening and monitoring of key health indi- valid and reliable trauma screening and (A) by striking the heading and inserting cators and health risk (including screening functional or developmental assessment to ‘‘INITIAL FISCAL YEAR’’; for diabetes, hypertension, and cardio- determine need, match services to needs, and (B) by inserting ‘‘(or, in the case of serv- vascular disease and monitoring of weight, to measure progress over time. ices described in section 1905(a)(2)(D) fur- height, body mass index (BMI), blood pres- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in nished by a certified community behavioral sure, blood glucose or HbA1C, and lipid pro- paragraph (1) shall be construed as prohib- health clinic, for services furnished on and file). iting States receiving funds appropriated after January 1, 2016, during fiscal year ‘‘(v) Crisis mental health services, includ- through the Community Mental Health Serv- 2016)’’ after ‘‘January 1, 2001, during fiscal ing 24-hour mobile crisis teams, emergency ices Block Grant under subpart I of part B of year 2001’’; crisis intervention services, and crisis sta- this title from financing qualified commu- (C) by inserting ‘‘(or, in the case of services bilization. nity programs (whether such programs meet described in section 1905(a)(2)(D) furnished ‘‘(vi) Targeted case management (services the definition of eligible programs prior to by a certified community behavioral health to assist individuals gaining access to needed or after the date of enactment of this sub- clinic, during fiscal years 2014 and 2015)’’ medical, social, educational, and other serv- section). after ‘‘1999 and 2000’’; and ices and applying for income security and ‘‘(5) LIMITATION.— (D) by inserting ‘‘(or, in the case of serv- other benefits to which they may be enti- ‘‘(A) IN GENERAL.—For purposes of pro- ices described in section 1905(a)(2)(D) fur- tled). viding assistance under this section and re- nished by a certified community behavioral ‘‘(vii) Psychiatric rehabilitation services imbursement under section 1902(bb) of the health clinic, during fiscal year 2016)’’ before including skills training, assertive commu- Social Security Act— the period; nity treatment, family psychoeducation, dis- ‘‘(i) for each of fiscal years 2016 through (4) in paragraph (3)— ability self-management, supported employ- 2024, the Secretary shall certify 10 percent of (A) in the heading, by striking ‘‘FISCAL ment, supported housing services, thera- the total number of entities who apply and YEAR 2002 AND SUCCEEDING’’ and inserting peutic foster care services, and such other are eligible to become certified community ‘‘SUCCEEDING’’; and evidence-based practices as the Secretary behavioral health clinics in each such fiscal (B) by inserting ‘‘(or, in the case of serv- may require. year, in addition to the clinics certified in ices described in section 1905(a)(2)(D) fur- ‘‘(viii) Peer support and counselor services the previous fiscal years; and nished by a certified community behavioral and family supports. ‘‘(ii) for fiscal year 2025, and each subse- health clinic, for services furnished during ‘‘(J) Maintain linkages, and where possible quent fiscal year, the Secretary shall certify fiscal year 2017 or a succeeding fiscal year)’’ enter into formal contracts, agreements, or all such community behavioral health clin- after ‘‘2002 or a succeeding fiscal year’’; partnerships with at least one federally ics. (5) in paragraph (4)— qualified health center, unless there is no ‘‘(B) REQUIREMENTS.—In implementing this (A) by inserting ‘‘(or as a certified commu- such center serving the service area, in order paragraph, the Secretary shall— nity behavioral health clinic after fiscal year

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2015)’’ after ‘‘or rural health clinic after fis- (3) for the State for that year, shall be equal COMMITTEE ON SMALL BUSINESS AND cal year 2000’’; to 3⁄4 of the DSH allotment for the State for ENTREPRENEURSHIP (B) by striking ‘‘furnished by the center fiscal year 2022, as determined under sub- Mr. MENENDEZ. Mr. President, I ask or’’ and inserting ‘‘furnished by the federally paragraph (B), increased, subject to subpara- unanimous consent that the Com- qualified health clinic, services described in graphs (B) and (C) of paragraph (3), and para- mittee on Small Business and Entre- section 1905(a)(2)(D) furnished by the cer- graph (5), by the percentage change in the tified community behavioral health clinic, consumer price index for all urban con- preneurship be authorized to meet dur- or’’; and sumers (all items; U.S. city average), for fis- ing the session of the Senate on April (C) in the second sentence, by striking ‘‘or cal year 2022.’’; and 17, 2013, at 10 a.m. in room 432 Russell rural health clinic’’ and inserting ‘‘, certified (3) in subparagraph (D) (as redesignated by Senate Office building to conduct a community behavioral health clinic, or rural paragraph (1) of this section), by striking hearing entitled ‘‘The Proposed FY2014 health clinic’’; ‘‘after fiscal year 2022’’ and all that follows Small Business Administration Budg- (6) in paragraph (5), in each of subpara- through the period and inserting ‘‘(and por- et.’’ graphs (A) and (B), by striking ‘‘or rural tions of fiscal years) after June 30, 2023, shall The PRESIDING OFFICER. Without health clinic’’ and inserting ‘‘, certified com- be calculated under paragraph (3) without re- objection, it is so ordered. munity behavioral health clinic, or rural gard to this paragraph and paragraph (7), ex- health clinic’’; and cept that the amount of the DSH allotment SUBCOMMITTEE ON HOUSING, TRANSPORTATION, (7) in paragraph (6), by striking ‘‘or to a available for a State for the fourth quarter AND COMMUNITY DEVELOPMENT rural health clinic’’ and inserting ‘‘, to a cer- of fiscal year 2023 (after such calculation) Mr. MENENDEZ. Mr. President, I ask tified community behavioral health clinic shall be equal to the sum of 1⁄4 of the amount unanimous consent that the Com- for services described in section 1905(a)(2)(D), calculated under paragraph (3) for the State mittee on Banking, Housing, and or to a rural health clinic’’. for fiscal year 2023.’’. Urban Affairs Subcommittee on Hous- (b) INCLUSION OF COMMUNITY BEHAVIORAL (b) ELIMINATION OF REDUCTION FOR FISCAL ing, Transportation, and Community HEALTH CLINIC SERVICES IN THE TERM MED- YEAR 2014.—Section 1923(f)(7)(A) of the Social Development be authorized to meet ICAL ASSISTANCE.—Section 1905(a)(2) of the Security Act (42 U.S.C. 1396r–4(f)(7)(A)) is Social Security Act (42 U.S.C. 1396d(a)(2)) is amended— during the session of the Senate on amended— (1) in clause (i), by striking ‘‘2014’’ and in- April 17, 2013, at 10 a.m. to conduct a (1) by striking ‘‘and’’ before ‘‘(C)’’; and serting ‘‘2015’’; and hearing entitled ‘‘Helping Homeowners (2) by inserting before the semicolon at the (2) in clause (ii)— Harmed by Foreclosures: Ensuring Ac- end the following: ‘‘, and (D) certified com- (A) by striking subclause (I); and countability and Transparency in Fore- munity behavioral health clinic services (as (B) by redesignating subclauses (II) closure Reviews, Part II.’’ defined in subsection (l)(4))’’. through (VII) as subclauses (I) through (VI), The PRESIDING OFFICER. Without (c) DEFINITION OF CERTIFIED COMMUNITY respectively. objection, it is so ordered. BEHAVIORAL HEALTH CLINIC SERVICES.—Sec- tion 1905(l) of the Social Security Act (42 f SUBCOMMITTEE ON PERSONNEL U.S.C. 1396d(l)) is amended by adding at the AUTHORITY FOR COMMITTEES TO Mr. MENENDEZ. Mr. President, I ask end the following paragraph: MEET unanimous consent that the Sub- ‘‘(4)(A) The term ‘community behavioral committee on Personnel of the Com- health clinic services’ means services of the COMMITTEE ON ARMED SERVICES mittee on Armed Services be author- type described in subparagraphs (I), (L), (M), Mr. MENENDEZ. Mr. President, I ask ized to meet during the session of the and (N) of section 1913(c)(3) of the Public unanimous consent that the Com- Senate on April 17, 2013, at 2 p.m. Health Service Act furnished to an indi- mittee on Armed Services be author- vidual at a certified community behavioral The PRESIDING OFFICER. Without ized to hold a meeting during the ses- objection, it is so ordered. health clinic (as defined by subparagraph sion of the Senate on April 17, 2013, at (B)). SUBCOMMITTEE ON STRATEGIC FORCES 9:30 a.m. ‘‘(B) The term ‘certified community behav- Mr. MENENDEZ. Mr. President, I ask ioral health clinic’ means an entity that is The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that the Sub- certified under section 1913(c) of the Public committee on Strategic Forces of the COMMITTEE ON COMMERCE, SCIENCE, AND Health Service Act as meeting the criteria Committee on Armed Services be au- described in paragraph (3) of such section.’’. TRANSPORTATION (d) EXCLUSION.—Section 1902(bb) of the So- Mr. MENENDEZ. Mr. President, I ask thorized to meet during the session of cial Security Act (42 U.S.C. 1396a(bb)) is unanimous consent that the Com- the Senate on April 17, 2013, at 2:30 p.m. amended by adding at the end the following: mittee on Commerce, Science, and The PRESIDING OFFICER. Without ‘‘(7) EXCLUSIONS.— Transportation be authorized to meet objection, it is so ordered. ‘‘(A) IN GENERAL.—Payments made to cer- during the session of the Senate on tified community behavioral health clinics f under this subsection hall be limited to am- April 17, 2013, at 2:30 p.m. in room 253 of bulatory behavioral health services of the the Russell Senate Office Building. type described in subparagraphs (I), (L), (M), The Committee will hold a hearing PRIVILEGES OF THE FLOOR and (N) of section 1913(c)(3) of the Public entitled ‘‘The Future of Passenger Mr. GRASSLEY. Mr. President, I ask Health Service Act and shall specifically ex- Rail: What’s Next for the Northeast unanimous consent that Mike Lotus, clude reimbursement for inpatient care, resi- Corridor?’’ Paul Casey, and Stephen Sewell, dential treatment, room and board expenses, The PRESIDING OFFICER. Without detailees on my Judiciary Committee or any other non-ambulatory services, as de- objection, it is so ordered. staff, have floor privileges during the termined by the Secretary. COMMITTEE ON FINANCE remainder of the 113th Congress. ‘‘(B) EXISTING FACILITIES.—Payments under this subsection may not be made to satellite Mr. MENENDEZ. Mr. President, I ask The PRESIDING OFFICER. Without facilities of certified community behavioral unanimous consent that the Com- objection, it is so ordered. health clinics if such facilities are estab- mittee on Finance be authorized to lished after the date of enactment of this meet during the session of the Senate f paragraph.’’. on April 17, 2013, at 10 a.m., in room 215 (e) EFFECTIVE DATE.—The amendments of the Dirksen Senate Office Building, POSTHUMOUS PARDON FOR JOHN made by this section take effect on January ARTHUR ‘‘JACK’’ JOHNSON 1, 2016. to conduct a hearing entitled ‘‘The SEC. l04. MEDICAID DSH. President’s Budget for Fiscal Year Mr. REID. Mr. President, I ask unan- (a) REBASING OF ALLOTMENTS FOR FIRST, 2014.’’ imous consent that the Judiciary Com- SECOND, AND THIRD QUARTERS OF FISCAL The PRESIDING OFFICER. Without mittee be discharged from further con- YEAR 2023.—Section 1923(f)(8) of the Social objection, it is so ordered. sideration of S. Con. Res. 5, and the Security Act (42 U.S.C. 1396r–4(f)(8)) is COMMITTEE ON HOMELAND SECURITY AND Senate proceed to its consideration. amended— GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without (1) by redesignating subparagraph (C) as Mr. MENENDEZ. Mr. President, I ask subparagraph (D); objection, it is so ordered. unanimous consent that the Com- The clerk will report the resolution (2) by inserting after subparagraph (B) the mittee on Homeland Security and Gov- following new subparagraph: by title. ‘‘(C) FIRST 3 QUARTERS OF FISCAL YEAR ernmental Affairs be authorized to The legislative clerk read as follows: 2023.—Only with respect to the period that be- meet during the session of the Senate A concurrent resolution (S. Con. Res. 5) ex- gins on October 1, 2022, and ends on June 30, on April 17, 2013, at 10 a.m. pressing the sense of Congress that John Ar- 2023, the DSH allotment for a State, in lieu The PRESIDING OFFICER. Without thur ‘‘Jack’’ Johnson should receive a post- of the amount determined under paragraph objection, it is so ordered. humous pardon for the racially motivated

VerDate Mar 15 2010 01:28 Oct 08, 2014 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S17AP3.REC S17AP3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2774 CONGRESSIONAL RECORD — SENATE April 17, 2013 conviction in 1913 that diminished the ath- ecutive session to consider Calendar and pledge, the morning hour be letic, cultural, and historic significance of Nos. 22 and 23; that there be 15 minutes deemed expired, the Journal of pro- Jack Johnson and unduly tarnished his rep- for debate, equally divided in the usual ceedings be approved to date, and the utation. form prior to votes on the nominations time for the two leaders be reserved for There being no objection, the Senate in the order listed; the motions to re- their use until later in the day; that proceeded to the resolution. consider be considered made and laid following any leader remarks, the Sen- Mr. REID. I ask unanimous consent on the table, with no intervening ac- ate resume consideration of S. 649, the the concurrent resolution be agreed to, tion or debate; that no further motions gun safety legislation, under the pre- the preamble be agreed to, and the mo- be in order to the nominations; that vious order; further, that following the tions to reconsider be laid upon the any statements related to the nomina- two votes in relation to the amend- table, with no intervening action or de- tions be printed in the RECORD; that ments to S. 649, the Senate recess until bate. President Obama be immediately noti- 2 p.m. to allow for caucus meetings, The PRESIDING OFFICER. Without fied of the Senate’s action, and the and finally that at 2 p.m. the Senate objection, it is so ordered. Senate then resume legislative session. proceed to executive session, under the The resolution (S. Con. Res. 5) was The PRESIDING OFFICER. Without previous order. agreed to. objection, it is so ordered. The PRESIDING OFFICER. Without The preamble was agreed to. f objection, it is so ordered. (The resolution, with its preamble, is printed in the RECORD of March 5, 2013, APPOINTMENT f under ‘‘Submitted Resolutions.’’) The PRESIDING OFFICER. The PROGRAM Mr. REID. Mr. President, this is very Chair announces, on behalf of the ma- Mr. REID. There will be two rollcall important. This good man who was jority leader, pursuant to the provi- votes in relation to the Barrasso and treated so poorly is now going to have sions of Section 3166 of Public Law 112– Harkin amendments to the gun safety his name cleared, to a certain extent, 239, the appointment of the following legislation. At approximately 2:15 p.m., and I give most of the credit to Senator individual to be a member of the Con- there will be a rollcall vote on con- JOHN MCCAIN who has worked tire- gressional Advisory Panel on the Gov- firmation of the Torres nomination. lessly on this for a long time. I am glad ernance of the Nuclear Security Enter- we finally are able to get it done. I am prise: Gregory B. Jaczko of the District f grateful to everyone for making this of Columbia. happen. ADJOURNMENT UNTIL 9:30 A.M. f Jack Johnson, a great heavyweight TOMORROW champion, was a good person. ORDERS FOR THURSDAY, APRIL Mr. REID. If there is no further busi- 18, 2013 f ness to come before the Senate, I ask Mr. REID. Mr. President, I ask unan- unanimous consent that it adjourn EXECUTIVE CALENDAR imous consent that when the Senate under the previous order. Mr. REID. Mr. President, I ask unan- completes its business today, it ad- There being no objection, the Senate, imous consent that on Thursday, April journ until 9:30 a.m., on Thursday, at 6:45 p.m., adjourned until Thursday, 18, at 2 p.m., the Senate proceed to ex- April 18, 2013; that following the prayer April 18, 2013, at 9:30 a.m.

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A TRIBUTE TO STEPHANIE VENDIG tangs basketball team, which won the Texas PERSONAL EXPLANATION Class A Division I High School Basketball HON. ADAM B. SCHIFF Championship on March 2, 2013. This victory HON. JOE COURTNEY OF CALIFORNIA marked the third time since 2006 the Lady OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES Mustangs have captured the title. IN THE HOUSE OF REPRESENTATIVES Wednesday, April 17, 2013 I would like to especially recognize team Wednesday, April 17, 2013 members Alyssa Pate, Brianne Miller, Hannah Mr. SCHIFF. Mr. Speaker, I rise today in Mr. COURTNEY. Mr. Speaker, on Monday Celsur, Cassidy McCoy, Taylor Munns, Haily honor of Women’s History Month. Each year, April 15, 2013, I was unable to be present for we pay special tribute to the contributions and Jenkins, Bailey Caldwell, Cheyenne Brown, three recorded votes. Had I been present, I sacrifices made by our nation’s women. It is Madison Daniel, Meagan Weatherford, and would have voted: an honor to pay homage to outstanding Hailey Hawes. I would also like to recognize ‘‘Yes’’ on rollcall No. 103 (on passage of women who are making a difference in my Head Coach Doug Barncastle; Assistant H.R. 1162); Congressional District. Coaches Laura Jenkins and Don Tarrant; and ‘‘Yes’’ on rollcall No. 104 (on passage of Today, I proudly recognize the outstanding Managers Hailey Celsur, Jacee Greenlee, H.R. 882); and work and contributions of Stephanie Vendig of Jillian Jones, Megan Lafleur, and Adrianna ‘‘No’’ on rollcall No. 105 (on passage of Silver Lake, California. Although retired, Weatherford. H.R. 249). Stephanie continuously directs her efforts towards giving back to her community through On behalf of the Fifth District of Texas, I am f her advocacy and exceptional leadership. honored to congratulate the Martin’s Mill Lady A TRIBUTE TO ROSIE BETANZOS Ms. Vendig attended the University of Cali- Mustangs—both players and coaches—for fornia, Berkeley, where she graduated with a their talent, dedication, and exceptional per- B.A. in 1959. In addition to credentials to formance. I am confident that this is an ac- HON. ADAM B. SCHIFF teach the disabled and elementary school stu- complishment these young ladies will remem- OF CALIFORNIA dents, she continued her education and re- ber for the rest of their lives. IN THE HOUSE OF REPRESENTATIVES ceived a Master’s degree in Early Childhood Wednesday, April 17, 2013 Education from the California State University, f Mr. SCHIFF. Mr. Speaker, I rise today in Northridge. Stephanie started her teaching ca- honor of Women’s History Month. Each year, reer in San Francisco, and began teaching the RECOGNIZING VIRGINIA REILLY we pay special tribute to the contributions and disabled when she moved to Los Angeles. In MCDEVITT addition, Stephanie became involved with the sacrifices made by our nation’s women. It is Los Angeles Unified School District’s Division an honor to pay homage to outstanding women who are making a difference in my of Special Education as a consultant, where HON. VIRGINIA FOXX she trained special education teachers and Congressional District. developed programs serving young children OF NORTH CAROLINA Today, I want to acknowledge and recog- with special needs. In 1980, Stephanie joined nize the exemplary work of Rosie Betanzos, IN THE HOUSE OF REPRESENTATIVES the Youth and Family Center which provides who is widely known as a vibrant member of the Echo Park community. Born and raised in services for parenting and pregnant teens, and Wednesday, April 17, 2013 retired from the agency in 1996 as Interim Ex- Echo Park, Rosie is happily married to her ecutive Director. Ms. FOXX. Mr. Speaker, I rise to recognize husband, Ceasar Betanzos, and they have Stephanie has also served as President of my constituent Virginia Reilly McDevitt and her two children. the Silver Lake Senior Club, which is now the classmates on the 50th anniversary of their After Rosie’s establishment of the Echo Park Improvement Association in 1988, which Griffith Park Adult Community Club, GPACC, graduation from the New York Methodist Hos- was the first crime prevention organization in and has been a steadfast advocate for senior pital School of Nursing. citizens. Currently, Stephanie is involved in Echo Park, crime was reduced by 80 percent program development at GPACC, where she New York’s Methodist Hospital, America’s as a result of community involvement. Rosie is chairing a committee to advocate for the ex- first Methodist hospital, opened in Brooklyn’s has served as a Top Peer Counselor for John pansion of their facility, since they are out- Park Slope section in 1881. Its nursing school Marshall High School and has been involved growing their current facility. Furthermore, she opened shortly thereafter in 1888. For years, with the Los Angeles Police Stop–In–Location is a columnist for the Los Feliz Ledger, and nurses prepared at the Methodist Hospital to volunteer unit in Echo Park. In 2009, Rosie serves as a Board Member of the Silver Lake serve throughout the world, wherever the coordinated and directed the Echo Park Lotus Improvement Association. country might have need. Festival. Currently, Rosie serves as a Board Member I ask all Members to join me today in hon- In 1963, Virgnia McDevitt joined the ranks of oring an outstanding woman of California’s of the Los Angeles Police Department’s North- New York Methodist Hospital’s esteemed 28th Congressional District, Stephanie Vendig, east Area Community Police Advisory Board. graduates. for her exceptional, unwavering, and tireless She also coordinates and directs an annual support and service to the community. Today Virginia McDevitt puts her New York block party representing the Northeast Police Station, and serves as a Board Officer of the f Methodist Hospital education to work serving as a home health and hospice nurse in Davie Echo Park Chamber of Commerce, where she HONORING THE MARTIN’S MILL County, North Carolina. In the communities of coordinates the Taste of Echo Park fundraiser. LADY MUSTANGS Davie County she is well-regarded for the cal- Rosie is also the owner of the Echo Park iber of her care, the excellence of her work, Trading Post, and is influential as a coach and mentor in business consulting in business HON. JEB HENSARLING and the pride she takes serving patients and de´cor and customer service. OF TEXAS their families even in life’s most challenging I ask all Members to join me today in hon- IN THE HOUSE OF REPRESENTATIVES times. oring an outstanding woman of California’s Wednesday, April 17, 2013 Congratulations are certainly due to Virginia 28th Congressional District, Rosie Betanzos, Mr. HENSARLING. Mr. Speaker, today I McDevitt and the New York Methodist Hospital for her exceptional service and continuous would like to honor the Martin’s Mill Lady Mus- Nursing School class of 1963. dedication to the community.

∑ 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 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K17AP8.008 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E478 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 RECOGNIZING PETTY OFFICER 2ND FEDERAL EMPLOYEE TAX of Columbia are pleased and proud that the CLASS JUAN TAIJERON ON RE- ACCOUNTABILITY ACT OF 2013 DC Black Pride celebration is widely consid- CEIVING COAST GUARD SECTOR ered to be one of the world’s preeminent GUAM’S RESERVE ENLISTED SPEECH OF Black Pride celebrations, drawing more than PERSON OF THE YEAR HON. BETTY McCOLLUM 30,000 people to the nation’s capital from OF MINNESOTA across the United States as well as from Can- ada, the Caribbean, South Africa, Great Brit- IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO ain, France, Germany, and the Netherlands. Monday, April 15, 2013 We are particularly proud that the DC Black OF GUAM Ms. MCCOLLUM. Mr. Speaker, I rise in op- Pride was the very first Black Pride celebration IN THE HOUSE OF REPRESENTATIVES position H.R. 249, the Federal Employee Tax and fostered the beginning of the Center for Accountability Act. Black Equity (formerly known as the Inter- Wednesday, April 17, 2013 Failure to pay taxes is a serious offense and national Federation of Black Prides, Inc. Ms. BORDALLO. Mr. Speaker, I rise today should be treated as such. Unfortunately, this (IFBP)) and the ‘‘Black Pride Movement,’’ to commend Petty Officer 2nd Class Juan bill is not a serious attempt to address that which now consists of 40 Black Prides on four very complicated issue. Instead of being a continents. Taijeron on being named Coast Guard Sector good faith effort, this bill is being used as a Black Lesbian and Gay Pride Day, Inc., the Guam’s Reserve Enlisted Person of the Year. political stunt and appears to be an attack on celebration’s organizing body, has chosen Petty Officer Taijeron is a boatswains mate public employees. ‘‘Step Up and Be Heard’’ as the theme for this currently assigned to Station Apra Harbor During Oversight and Government Reform year’s celebration. This theme reflects the Guam, and was chosen as the Sector Guam’s Committee markup on this bill, a series of connectedness of the Black Lesbian, Gay, Bi- Reserve Enlisted Person of the Year by the questions were raised about the Internal Rev- sexual, and Transgender (LGBT) community U.S. Coast Guard. He serves as a tactical enue Service procedures related to tax delin- and its commitment to fulfilling the mission of coxswain and engineer on the 45 ft. Response quency. These questions include what steps DC Black Pride, which is to increase aware- Boat—Medium (RB–M) and 25 ft. Response may be taken to resolve a delinquency, when ness of and pride in the diversity of the Black enforced collection action may be used, how LGBT community. Moreover, the theme ex- Boat—(RB–S). His duties include: boarding repayment schedules are established, among presses the resolve of the African-American team member instructor, boat crew member others. Addressing these types of questions LGBT community and its allies to come to- instructor, and Weapons Petty Officer. and concerns is what the Committee process gether to: fight for LGBT equality; celebrate its The U.S. Coast Guard awarded Officer is for. Chairman ISSA and Ranking Member heritage and culture as members of both the Taijeron this distinguished honor for success- CUMMINGS wrote a letter to Steven Miller, Act- Black and LGBT communities; and promote fully achieving the highest underway hours for ing Commissioner at the IRS, to better under- health and wellness for the community. certified engineers, executing 385 hours un- stand these processes. The majority pledged We congratulate the DC Black Pride board derway, many of which were performed out- to consider these responses and to amend of directors, coordinator of the annual event side of his rating specialty as a boat engineer, this measure accordingly. Instead of waiting and smaller events throughout the year: An- drea Woody-Macko; Derrick Dunning; Earl through 141 missions. even two weeks for a reply, H.R. 9 was brought to the floor without amendment. The Fowlkes, Jr; June Spence; Kenneth Hopson; Born and raised on Guam, Petty Officer Chairman refused to wait for the answer to his Kenya Hutton; Lauren Morris; Leandrea Taijeron entered the U.S. Coast Guard Re- own letter. Gilliam; Marc Morgan; and Robert ‘‘Harold’’ serves in 2008. After graduating high school in I am also concerned that this bill does not Dinkins. 1997, he attended leadership and manage- make sufficient allowances for the dispute I ask the House of Representatives to join ment school. He has been a civilian dive boat process to do its work. Americans have the me in welcoming all attending the 23rd annual captain and dive master for 15 years. The right to appeal IRS collection actions. While DC Black Pride celebration in Washington, knowledge he has of Guam is invaluable when exemptions are provided when a hearing has D.C., and I take this opportunity to remind the training new members of Station Apra Harbor. been scheduled under Collection Due Proc- celebrants that the American citizens who re- ess, appeals to that ruling or under the Collec- side in Washington, D.C. are taxed without full His major awards and decorations include: tion Appeals Program are not. Punishing any- voting representation in Congress. Coast Guard Commandant Letter of Com- one while they are still in the process of pur- f mendation; Coast Guard Meritorious Team suing the normal IRS dispute process is with Bronze Star; Coast Guard Special Oper- wrong. A TRIBUTE TO NYLA ARSLANIAN ations Service Ribbon; Coast Guard Overseas Americans around the country are paying Ribbon; Coast Guard Reserve Good Conduct; their taxes today. None of them should be HON. ADAM B. SCHIFF Armed Forces Reserve Medal with Device; fired while pursuing their legal rights to appeal OF CALIFORNIA National Defense Service Medal; and Coast or dispute IRS action. I urge my colleagues to IN THE HOUSE OF REPRESENTATIVES Guard Pistol Expert Medal. join me in opposing H.R. 249. Wednesday, April 17, 2013 f He is also an active member of our island Mr. SCHIFF. Mr. Speaker, I rise today in community, as he volunteered more than 100 RECOGNIZING THE 23RD ANNUAL honor of Women’s History Month. Each year, hours of liberty time to help set up 12 static DC BLACK PRIDE CELEBRATION we pay special tribute to the contributions and displays to provide education to the public sacrifices made by our nation’s women. It is about the Coast Guard operations as well as HON. ELEANOR HOLMES NORTON an honor to pay homage to outstanding volunteering at the Angel Tree Project for un- OF THE DISTRICT OF COLUMBIA women who are making a difference in my Congressional District. derprivileged children during the holiday sea- IN THE HOUSE OF REPRESENTATIVES I would like to recognize an exceptional son. Wednesday, April 17, 2013 woman, Nyla Arslanian of Los Feliz, California, Petty Officer Taijeron embodies the Coast Ms. NORTON. Mr. Speaker, as the Su- who is one of the strongest advocates for the Guard’s core values: honor, respect, and de- preme Court considers two historic marriage arts in the city of Los Angeles, as well as a votion to duty. equality cases, I rise today to ask the House pioneer in the cultural tourism movement in of Representatives to join me in recognizing I congratulate Petty Officer 2nd Class Juan the city. the 23rd annual DC Black Pride celebration, to Ms. Arslanian is the editor of Discover Holly- Taijeron on being named Coast Guard Sector be held in Washington, DC on May 24–26, wood Magazine, now in its 27th year, whose Guam’s Reserve Enlisted Person of the Year. 2013. mission is to inform visitors and residents I join the people of Guam in commending him The DC Black Pride celebration is a multi- alike, about the unique culture and lore of Hol- and thanking him for his contributions to our day festival featuring a reception, films, a po- lywood. Nyla is married to Oscar Arslanian, community. I wish him the best of luck as he etry slam, a church service, educational work- who is her partner in their entertainment man- competes for national honors with his peers shops, community town hall meetings, a bas- agement and publishing firm, Arslanian & As- from other Coast Guard Districts across the ketball tournament, and a health and wellness sociates, Inc. In addition to publishing Dis- nation. expo, among other events. We in the District cover Hollywood Magazine, they represent

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.002 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 17, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E479 performers Chris Montez, Fabian, Johnny cludes building the Grand Hotel into what it is A TRIBUTE TO HEIDI SHINK Tillotson and Kathy Young. today and working to share Northern Michigan Since 1984, Nyla has served as the Presi- hospitality and beautiful summers with all citi- HON. ADAM B. SCHIFF dent of the Hollywood Arts Council, creating zens. On behalf of all residents of the First OF CALIFORNIA several programs such as the Children’s Fes- Congressional District of Michigan, I wish to IN THE HOUSE OF REPRESENTATIVES tival of the Arts and the Charlie Awards express my condolences to the Musser family Luncheon, which is held annually. Through her and salute R.D. Musser’s contribution to our Wednesday, April 17, 2013 unparalleled leadership, the Council has state and country. Mr. SCHIFF. Mr. Speaker, I rise today in brought the arts to more than 15,000 elemen- honor of Women’s History Month. Each year, tary school children, and over 70,000 people f we pay special tribute to the contributions and who have attended the Children’s Festival, sacrifices made by our nation’s women. It is which is also an annual event. THE TAIWAN RELATIONS ACT an honor to pay homage to outstanding Nyla has served on numerous boards in- women who are making a difference in my cluding the Greater Griffith Park Neighborhood HON. JOHN J. DUNCAN, JR. Congressional District. Council, the Hollywood Chamber of Com- OF TENNESSEE I would like to recognize an exceptional merce, and now serves on the board of the IN THE HOUSE OF REPRESENTATIVES woman, Heidi Shink of West Hollywood, Cali- Los Feliz Improvement Association. She has fornia, who for many years has been an avid Wednesday, April 17, 2013 received many well-deserved honors, including community leader and political activist. the Buddy Collette Award, the Award of Excel- Mr. DUNCAN of Tennessee. Mr. Speaker, Heidi is an Advocacy Board Member for the lence by the Women’s Club of Hollywood, and the Taiwan Relations Act, signed into law National Council of Jewish Women, Vice the Hollywood Star Award, which she received more than 34 years ago on April 10, 1979 by President of Communications for the Stone- with her husband. President Jimmy Carter, officially recognizes wall Democratic Club, a Commissioner for I ask all Members to join me today in hon- the unique relationship between Taiwan and Human Services in the City of West Holly- oring an outstanding woman of California’s the United States. wood, a liaison to West Hollywood’s Women’s 28th Congressional District, Nyla Arslanian, for Taiwan acknowledges and represents the Advisory Board, and Board Member of Liberty her exceptional service to the community. many liberties and freedoms the United States Hill’s Community Funding Board, Victory f holds dear, and is a dependable ally and Fund’s Campaign Board, Democrats For friend in the Western Pacific. HONORING THE LIFE OF R.D. Israel, and the Los Angeles Gay and Lesbian Our countries share a strategic partnership. ‘‘DAN’’ MUSSER Chamber of Commerce. In 2013, Heidi ran as The United States should continue to support a candidate and was elected to the California the ideals of Democracy and strengthen our Democratic Party’s State Central Committee. HON. DAN BENISHEK relationship with Taiwan, a reliable partner in Heidi Shink has had a dynamic and multi di- OF MICHIGAN a very strategic part of the world. mensional professional career. After grad- IN THE HOUSE OF REPRESENTATIVES uating from New York University, she landed Wednesday, April 17, 2013 f a record deal with her band, Ceremony. She performed for audiences worldwide, as a co- Mr. BENISHEK. Mr. Speaker, I would like to HONORING THE COLLEGE OF CEN- lead singer, along with Chaz Bono. After work- honor the life of R.D. ‘‘Dan’’ Musser, owner of TRAL FLORIDA’S MEN’S BASKET- ing with the band for a decade, she became the Grand Hotel on Mackinac Island, who BALL TEAM FOR WINNING THE a Senior Producer at the E! Entertainment passed on at the age of 80 on April 13, 2013. NJCAA NATIONAL CHAMPION- Born in Circleville, Ohio in 1932, Mr. Musser Network. Heidi has also co–authored a health SHIP graduated from Dartmouth College and served book titled 3 Minutes to a Pain-Free Life in the U.S. Army during the Korean War. After (Simon & Schuster, 2006) and a wine guide ti- returning in 1951, Mr. Musser went to work at HON. RICHARD B. NUGENT tled Winecology (Globe Pequot Press, 2012). the Grand Hotel on Mackinac Island, Michi- OF FLORIDA Heidi is a writer for the Huffington Post Gay gan, which was owned by his family. In order IN THE HOUSE OF REPRESENTATIVES Voices and hosts ‘‘The Shink Tank: Politics for not to show favoritism, his uncle W. Stewart Wednesday, April 17, 2013 the People’’ on CBS radio and LATALKLIVE. Woodfill, who was the hotel’s owner, had Mr. I ask all Members to join me in honoring a Musser work twice the number of hours other Mr. NUGENT. Mr. Speaker, I rise today to truly remarkable woman of California’s 28th employees did while learning about the oper- honor College of Central Florida men’s basket- Congressional District, Heidi Shink. ball team for their heroic win in the NJCAA ations of the hotel. f Mr. Musser became the manager of the National Championship. hotel in 1960, when he doubled the number of On March 23, 2013, the College of Central JANEICE LONGORIA—A SPECIAL rooms in the establishment and extended the Florida Patriots faced Northwest Florida State ADVOCATE FOR OUR PORTS hours of the hotel during the summer season. in the NJCAA national championship game. Mr. and Mrs. Musser purchased the hotel from Early on, the Patriots built a 15-point lead and HON. TED POE W. Stewart Woodfill in 1979. managed to fend off a late charge by their op- OF TEXAS During the Musser’s ownership of the hotel, ponents to bring back the school’s first ever IN THE HOUSE OF REPRESENTATIVES Mr. Musser worked to run the large hotel with national championship in men’s basketball. Wednesday, April 17, 2013 an impeccable attention to detail and a level of During the game, Eugene McCrory scored personal service found in much smaller estab- 23 points and earned the Most Valuable Play- Mr. POE of Texas. Mr. Speaker, I would like lishments. Mr. Musser often wrote over 50 er award. Rasham Suarez also earned all- to take this opportunity to recognize the new- handwritten notes to employees of the Grand tournament honors for the school and Central est Chairman of the Port of Houston Commis- Hotel a day regarding items needing attention. Florida Coach Tim Ryan won the award for sion, the first woman ever appointed to the po- During his tenure as owner, the Grand Hotel the tournament’s best coach. sition, Janeice Longoria. In my role as the Co– became a National Historical Landmark in The win makes the Patriots the third team Founder and Co–Chair of the Congressional 1989. from Florida to win the national championship PORTS Caucus, I have enjoyed working with In addition to his work at the Grand Hotel, and it is the first such win for a Florida team the Port of Houston and was delighted to learn Mr. Musser served as Chairman of the Michi- in almost twenty years. of Janeice’s appointment back in January. gan Travel Commission, Chairman of the This historic win is a testament to what can Since she first joined the Port Commission in Mackinac Island Public Works Commission, be accomplished when sound leadership and 2002, Janiece has been an effective advocate and was remembered as a civic pillar. When hard work combine to pursue a specific goal. for the port. She has also been a strong voice not working to improve the Grand Hotel and The win is a true credit to Coach Ryan and for businesses along the ship channel and Mackinac Island, Mr. and Mrs. Musser also the entire CF community who rallied around within port–related industries. enjoyed raising show dogs, his Scottish terrier, these young men and helped them through till Just a few weeks ago, Chairman Longoria Sadie earned the prestigious ‘‘Best in Show’’ the final whistle. joined me and several Texas–based compa- at the 2010 American Kennel Club Dog Show. The team has made our community very nies at a roundtable event that I hosted at the Survived by his wife, three children, and proud and I know that it is a sign of more Port of Houston to help raise awareness about seven grandchildren, Musser’s great legacy in- good things to come in the years ahead. the need for Custom and Border Protection

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.010 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E480 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 agents to share certain identifying information American Cancer Fund for Children and Kids St. James Christian Methodist Episcopal regarding potential counterfeit goods with intel- Cancer Connection distributes thousands of Church, ‘‘God’s Glowing Star on Northstar,’’ lectual property rights–holders. The roundtable beautifully hand made caps and decorated has been under the pastorate of the Reverend focused on economic impact that counterfeit baseball caps to children who want to protect Leon C. Moore, Jr. since July 2012. The story goods have on the national and local econo- their heads following the trauma of chemo- of St. James, which began during a dark and mies, on U.S. jobs and on American ingenuity. therapy, surgery and/or radiation treatments; divided time in our nation’s history, is a truly Chairman Longoria’s recognized the role that and inspiring one of the dedication and persever- ports play in helping to limit counterfeit goods Whereas, the American Cancer Fund for ance of a faithful congregation of people who from entering the U.S. marketplace. Children and Kids Cancer Connection also put all their love and trust in the Lord. Chairman Longoria’s Texas ties run deep sponsor nationwide Courageous Kid recogni- Mr. Speaker, today I ask my colleagues to and so does her Longhorn price. An honors tion award ceremonies and hospital celebra- join me in paying tribute to the St. James graduate of the University of Texas for both tions in honor of a child’s determination and Christian Methodist Episcopal Church in Co- her undergraduate and law degrees, she is bravery to fight the battle against childhood lumbus, Georgia for their long history of com- also a former Vice Chairman of the University cancer. ing together through the good and difficult of Texas System Board of Regents and a Now therefore, U.S. Representative ALAN times to praise and worship our Lord and Sav- Founder of both the Center for Women in Law LOWENTHAL declares the week of February ior Jesus Christ. and the Kay Bailey Hutchison Center for the 17–23, 2013 as Childhood Cancer Awareness f Study of Latin American Law at the University Week. A TRIBUTE TO GAIL SCHAPER- of Texas School of Law. She is also on the f GORDON Board of Directors of the University of Texas IN RECOGNITION OF ST. JAMES Law School Foundation. CHRISTIAN METHODIST EPIS- In the Houston area, Chairman Longoria’s HON. ADAM B. SCHIFF COPAL CHURCH’S 155TH ANNI- contributions exceed far beyond the Port. She OF CALIFORNIA VERSARY currently serves on the Board of Directors for IN THE HOUSE OF REPRESENTATIVES the Texas Medical Center, MD Anderson Visi- HON. SANFORD D. BISHOP, JR. Wednesday, April 17, 2013 tors Center, the Greater Houston Partnership, Mr. SCHIFF. Mr. Speaker, I rise today in Center Point Energy, and the Galveston Bay OF GEORGIA IN THE HOUSE OF REPRESENTATIVES honor of Women’s History Month. Each year, Area Foundation. Her service to many great we pay special tribute to the contributions and causes throughout the state earned her the Wednesday, April 17, 2013 sacrifices made by our nation’s women. It is Sandra Day O’Connor Award for Board Excel- Mr. BISHOP of Georgia. Mr. Speaker, it is an honor to pay homage to outstanding lence in 2008. my honor and pleasure to extend my sincere women who are making a difference in my Needless to say, her resume is impressive congratulations to the congregation of St. Congressional District. and her commitment to public service is admi- James Christian Methodist Episcopal Church I would like to recognize Dr. Gail Schaper- rable. I appreciate her dedication to the State in Columbus, Georgia as the church’s mem- Gordon, of Pasadena, California, whose work of Texas and to the City of Houston and look bership and leadership celebrates 155 years. in her private practice and in her community forward to working with her to raise awareness The congregation of St. James CME Church focuses on building leadership skills, team- of the importance of the Port of Houston to the will celebrate this significant anniversary with a work and motivating people to reach their full entire nation. And that’s just the way it is. series of events including Revival and a musi- potential. f cal extravaganza and culminating in a morning Dr. Schaper-Gordon received her B.S. in Sociology from UC Irvine and her Ph.D. in A PROCLAMATION DECLARING Worship Service and afternoon Anniversary Clinical Psychology from the California School THE WEEK OF FEBRUARY 17–23, Celebration on Sunday, April 21, 2013 in Co- of Professional Psychology. She is the CEO 2013 AS CHILDHOOD CANCER lumbus, Georgia. This upcoming anniversary celebration will Group Chair of Vistage International, which AWARENESS WEEK enable church members, local religious lead- provides executive coaching and group facili- ers, elected officials and other individuals tation of peer advisory groups for business HON. ALAN S. LOWENTHAL throughout the Columbus, Georgia metropoli- owners, President of Win-Win Workplace So- OF CALIFORNIA tan area to pay tribute to the members of St. lutions, an executive and management con- IN THE HOUSE OF REPRESENTATIVES James CME Church who have positively consulting company, and is a Business Psycholo- Wednesday, April 17, 2013 tributed to the spiritual maturation and per- gist. Mr. LOWENTHAL. Mr. Speaker, I submit the sonal development of those in the Columbus, A consummate volunteer, some of Gail’s following proclamation. Georgia metropolitan area and beyond. past volunteer activities include membership in Whereas, the American Cancer Fund for St. James CME Church traces its historical Zonta International and the National Women’s Children and Kids Cancer Connection report roots back to the 1800s when a group of dedi- Political Caucus, and serving on the boards of cancer is the leading cause of death by dis- cated Christian pioneers in Chattahoochee the Valley Industry and Commerce Association ease among children in the United States. County, Georgia built with bushes and sticks a (VICA), where she chaired various commit- This tragic disease is detected in nearly scant structure on land donated by white land- tees, and the Pasadena-Foothill Valley YWCA. 15,000 of our nation’s young people each and owners. This structure was replaced by a log Gail is a Leadership San Fernando Valley every year; and cabin built with wood also donated by the Graduate, and is a past Board Member of Whereas, founded nearly twenty years ago landowners. When the land was returned to Leadership Pasadena. Dr. Schaper-Gordon by Steven Firestein, a member of the philan- the owners, the small congregation moved has been involved in many professional orga- thropic Max Factor family, the American Can- several times, ultimately settling on the nizations, such as the National Register of cer Fund for Children, Inc. and sister organiza- present site where the first brick structure was Health Service Providers, the California Psy- tion, Kids Cancer Connection, Inc. are dedi- built. chological Association, where she served as cated to helping these children and their fami- In 1858, St. James CME Church was orga- Past Chair of the Statewide Governmental Af- lies; and nized as a Negro congregation of the Meth- fairs Committee, and the San Fernando Valley Whereas, the American Cancer Fund for odist Episcopal Church South. It became St. Psychological Association, where she served Children and Kids Cancer Connection provide James Colored Methodist Episcopal Church in as Chapter President. Current volunteer activi- a variety of vital patient psychosocial services 1870 in Jackson, Tennessee before the name ties include serving as Program Chair for the to children undergoing cancer treatment at the ‘‘Colored’’ was changed to ‘‘Christian’’ at the Kiwanis Club of Pasadena, and as a Board Los Angeles County-USC Medical Center, 1954 General Conference. St. James received Member of the Pasadena Chamber of Com- Mattel Children’s Hospital at Ronald Reagan- a donation of property in Chattahoochee merce. In addition, Gail provides free services UCLA Medical Center, Miller Children’s Hos- County and remained there until 1918 before to local non-profit organizations each year. pital-Long Beach, as well as participating hos- moving to Muscogee County, where it has had Gail’s passion for educating and motivating pitals throughout the country, thereby enhanc- several locations. The first cornerstone at the people is evident in the many workshops and ing the quality of life for these children and present location, 380 Dawson Drive, later re- presentations she’s given, such as Working their families; and named Northstar Drive, was laid in 1936 with with Difficult People in Public Settings at the Whereas, through its uniquely sensitive and the Reverend I.D. Mitchell as Pastor and the Valley Alliance of Neighborhood Councils, Mo- comforting Magical Caps for Kids program, the Reverend S.A. Thomas as Presiding Elder. tivating Employees at the VICA Business

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.004 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 17, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E481 Forecast Conference and Psychologists Meet- The Northeast Kingdom is deeply rooted in women who are making a difference in my ing the Needs of the Business Community and tradition and community, and in the coming Congressional District. National Health Care Reform, at the San Fer- years economic development will bring signifi- I would like to recognize Cindy Cleghorn of nando Valley Psychological Association. cant changes to the entire area. We will de- Tujunga, California, whose involvement in the Gail and her husband of twenty years, Barry pend on Lyndon State to be a key player in Sunland-Tujunga community is truly remark- Gordon, live in Pasadena and have two chil- these changes. But we will also depend on able. dren and one grandchild. Lyndon State to continue to help Vermont up- Cindy began her volunteer career early. As I ask all Members to join me in honoring a hold all that is key to the Kingdom: the value a young girl in La Crescenta, California, she truly remarkable woman of California’s 28th of community, the environment, and lifelong went door-to-door raising funds for the March Congressional District, Dr. Gail Schaper-Gor- learning. of Dimes, and was a member of several orga- don. Congratulations to Lyndon State College on nizations that promoted leadership develop- f the upcoming inaugural of its 15th president, ment, including Job’s Daughters, Eastern Star Dr. Joseph Bertolino, and on the completion of and Camp Fire Girls. This involvement gave PERSONAL EXPLANATION another successful academic year. We join her not only experience in giving back to her you in celebrating the Green and the Gold, community, but also fostered her business and HON. MAC THORNBERRY and look forward to many years of your contin- entrepreneurial skills. OF TEXAS ued success. In 1982, Ms. Cleghorn founded her com- IN THE HOUSE OF REPRESENTATIVES f pany, C&M Printing, in Glendale, a small business that provides personalized service for Wednesday, April 17, 2013 PERSONAL EXPLANATION nonprofits, businesses and organizations with Mr. THORNBERRY. Mr. Speaker, on Mon- their printing, copying and mailing needs, serv- day, April 15, 2013, I was unable to be in HON. RODNEY DAVIS ing the greater Los Angeles area. She has Washington and missed rollcall votes No. 103 OF ILLINOIS been a leader in many business organizations, ‘‘To amend title 31, United States Code, to IN THE HOUSE OF REPRESENTATIVES including the California Association of Busi- make improvements in the Government Ac- ness Printers, serving as President, the Na- Wednesday, April 17, 2013 countability Office,’’ No. 104 ‘‘To prohibit the tional Association of Women Business Own- awarding of a contract or grant in excess of Mr. RODNEY DAVIS of Illinois. Mr. Speak- ers-Los Angeles Chapter, where she received the simplified acquisition threshold unless the er, on the evening of Monday, April 15, 2013, the Member of the Year Award in 1993, the prospective contractor or grantee certifies in I joined Bishop Thomas Paprocki and Father Kiwanis Club of Glendale, where she served writing to the agency awarding the contract or Alan Hunter to celebrate the sacrament of as Vice President, and Women Impacting grant that the contractor or grantee has no se- Confirmation of my daughter and her class- Public Policy. In 1995, Cindy received the dis- riously delinquent tax debts, and for other pur- mates from St. Mary’s Parish in Taylorville, St. tinct honor of being elected to serve on the poses,’’ and No. 105 ‘‘To amend title 5, United Rita’s Parish in Kincaid, and Holy Trinity Par- White House Conference on Small Business. States Code, to provide that persons having ish in Stonington, Illinois. Cindy became active in the Sunland- seriously delinquent tax debts shall be ineli- Had I been present in Washington DC on Tujunga community when she moved her gible for Federal employment.’’ Had I been Monday April 15, 2013, my votes would have business to Tujunga. She helped to organize present, I would have voted ‘‘yes’’ on all three been as follows: the certification of the Sunland-Tujunga Neigh- bills. For rollcall No. 103, on suspending the rules borhood Council, an advisory body to the city f and passing H.R. 1162, the Government Ac- of Los Angeles, served as a member of the countability Office Improvement Act, which Board of Directors, served as President and IN HONOR OF LYNDON STATE confirms that the GAO has the authority to go Secretary and is currently serving as Vice COLLEGE to court to force departments to hand over President of Outreach. In addition, Ms. records, as well as generally assures that the Cleghorn spearheaded the restoration of a HON. PETER WELCH GAO has the proper tools to monitor agencies, business area in Tujunga which is now des- OF VERMONT I would have voted ‘‘yes.’’ ignated as Historic Olde Towne Tujunga. Se- IN THE HOUSE OF REPRESENTATIVES For rollcall No. 104 on suspending the rules lected by Los Angeles Mayor Antonio Wednesday, April 17, 2013 and passing H.R. 882, the Contracting and Villaraigosa, Cindy served as a City Commis- Tax Accountability Act of 2013, which states sioner on the Neighborhood Council Review Mr. WELCH. Mr. Speaker, today, that it is the policy of the United States that no Commission. Currently, she is on the execu- Vermonters across the state are donning the government contracts or grants should be tive committee of the Valley Alliance of Neigh- green and gold in honor of our own Lyndon awarded to individuals or companies with seri- borhood Councils where she works with nearly State College. The Vermont State Legislature ously delinquent federal tax debts, I would 100 neighborhood councils in Los Angeles as proclaimed Green and Gold Day in celebration have voted ‘‘yes.’’ Chair of the Congress of Neighborhoods, and of all this college means to our state: to the For rollcall No. 105 on suspending the rules the Sunland-Tujunga Chamber of Commerce, thousands of students who have gone there to and passing H.R. 249, the Federal Employee where she is President. learn and earn a degree, to the regional econ- Tax Accountability Act, which prohibits any I ask all Members to join me in honoring a omy that depends on its graduates and its person who has a serious delinquent tax debt truly remarkable woman of California’s 28th ideas, to the Lyndonville community that is en- from serving on an executive agency, working Congressional District, Cindy Cleghorn. riched by its college neighbor. Lyndon State for the U.S. Postal Service, the Postal Regu- f College, and its sister schools in the Vermont latory Commission, and an employing author- State College system, provide a lifeblood to ity in the legislative branch, I would have A TRIBUTE IN RECOGNITION OF our state and deserve this day of recognition voted ‘‘yes.’’ NATIONAL CHEERLEADING SAFE- and celebration. It is an honor to serve the people of the TY MONTH Lyndon State is found on a hilltop in the 13th Congressional District of Illinois. small town of Lyndon in the heart of the North- f HON. STEPHEN LEE FINCHER east Kingdom of Vermont. For over one hun- OF TENNESSEE A TRIBUTE TO CINDY CLEGHORN dred years, this college has symbolized the IN THE HOUSE OF REPRESENTATIVES aspirations of Vermonters who believe that higher education is a means to better their HON. ADAM B. SCHIFF Wednesday, April 17, 2013 lives. In fact, Lyndon State College is a leader OF CALIFORNIA Mr. FINCHER. Mr. Speaker, I rise today to in serving first generation students in this most IN THE HOUSE OF REPRESENTATIVES recognize that March was National rural area of our state. Cheerleading Safety Month. I would like to This college delivers for Vermont: 90% of Wednesday, April 17, 2013 commend the leadership efforts of Varsity Lyndon State College graduates are employed Mr. SCHIFF. Mr. Speaker, I rise today in Brands, which is located in Memphis, Ten- or continuing their education at graduate honor of Women’s History Month. Each year, nessee, in promoting safety in cheerleading. school within six months of graduation. Its we pay special tribute to the contributions and Varsity Brands employs 300 people in the business incubator program is responsible for sacrifices made by our Nation’s women. It is Memphis area, and 5,000 people across the job creation and new businesses in the region. an honor to pay homage to outstanding country.

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.012 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E482 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 I would also like to commend Varsity Dr. Kim came to Purdue in 2003 from Eli also serves as the President of the Park Advi- Brand’s support for USA Cheer, the United Lilly and Co. in Indianapolis, where he was the sory Board at the Elysian Valley Recreation States All Star Federation (USASF), and the Lilly Research Laboratories’ Vice President Center, where she co-organized the Health American Association of Cheerleading Coach- and Information Officer in research and devel- and Holiday Fair in 2010 and the first Mammo- es and Administrators (AACCA). Through the opment. Prior to this, Dr. Kim also served in gram Social for women in 2011, where health CheerSafe initiative led by these organiza- leadership positions at Pfizer Inc. and Parke- services were provided free of charge to the tions, the safety of more than 3 million cheer- Davis Pharmaceutical Research. public. She is also involved with community leaders is improved. In addition, Dr. Kim served as inaugural di- organizations such as the Los Angeles County CheerSafe members work to ensure that rector of the National Science Foundation’s Bicycle Coalition, Friends of the Los Angeles every cheerleading team is trained under the Shared Cyber-infrastructure Division from River, and Elysian Valley Girl Scouts of Amer- direction of a knowledgeable coach. Members 2004–2005 and has led research projects ica. also ensure that every cheerleading team fol- funded by the National Science Foundation Previously, Ceci served as a Board Member lows the established safety rules and has an and the Office of Naval Research. Dr. Kim’s of the Elysian Valley Riverside Neighborhood emergency plan in place. To this end, the research has included work in mathematical Council. She also co-founded the NorthEast CheerSafe coalition provides training to more and computational methods for Residents for Clean Air in 2011. Along with than 4,500 coaches and instructors each year. ‘‘microhydrodynamics,’’ including a book on her late husband, Rey Dominguez, Ceci raised In addition, AACCA and USA Cheer have the subject published in 1991. two wonderful children, Laura and Rey, and is partnered to distribute concussion information I ask the 6th Congressional District and en- the proud grandmother of Ricky. to coaches of over 400,000 cheerleaders. tire State of Indiana to join me in congratu- I ask all Members to join me in honoring a There are currently more than 20,000 coaches lating Dr. Kim for this great achievement. truly extraordinary woman of California’s 28th across the United States who have completed Congressional District, Ceci Dominguez. the AACCA Risk Management course and are f f in good standing. Through these efforts, the COMPLEX TAX CODE PLACES BUR- risk of participation in cheerleading has de- DEN ON FAMILIES AND BUSI- HONORING LIEUTENANT COLONEL creased since 2006 and the risk of serious in- NESSES STEVEN M. DOTSON jury is now lower than in many other school sports. HON. STEPHEN LEE FINCHER USA Cheer is the national governing body HON. KENNY MARCHANT OF TENNESSEE for sport cheering. It exists to help grow and OF TEXAS IN THE HOUSE OF REPRESENTATIVES develop interest and participation throughout IN THE HOUSE OF REPRESENTATIVES the United States. The program is designed to Wednesday, April 17, 2013 Wednesday, April 17, 2013 promote safety education, while representing Mr. FINCHER. Mr. Speaker, I rise today to Mr. MARCHANT. Mr. Speaker, this week, the United States in international competitions. honor the retirement of Lieutenant Colonel American citizens and businesses across the USASF’s mission is to support and enrich Steven M. Dotson. Lt. Col. Dotson will be retir- country will be surprised by the amount of the lives of All Star athletes and members. It ing from active duty service in the United their annual tax bill. provides consistent rules, strives for a safe en- States Marine Corps after almost 28 years on This surprise is a direct result of a stag- vironment, drives competitive excellence, and September 30, 2013. gering 4 million-word tax code filled with con- promotes a positive image for the sport. Lt. Col. Dotson’s roots are in the Eighth Dis- fusing deductions and loopholes that make it AACCA was created to form a structured trict of Tennessee, as he was raised in the difficult to understand and file tax returns. platform for cheerleading safety. The first set town of Sharon. He enlisted in the Marines on The basic fact is that the tax code is overly of standard safety rules were published in October 5th, 1985, in Union City, Tennessee. complex and out of date. It places an enor- 1988 and the first Cheerleading Safety Manual Currently, Lt. Col. Dotson serves as a Stra- mous burden on families and businesses and in 1990. tegic Mobility Officer for the Marine Corps In- needs to be reformed and simplified. Mr. Speaker, I ask my colleagues to please stallations & Logistics Department. Families and businesses paying taxes join me in recognizing the combined efforts of Lt. Col. Dotson proudly represents the throughout the year should not be burdened Varsity Brands, USA Cheer, the United States United States, and I am proud to represent each April by an additional round of time-con- All Star Federation for Cheer and Dance him as a Member of Congress. As we reflect suming and expensive tax filing headaches. Teams, and the American Association of on the career of this exemplary public servant, Americans deserve better. Cheerleading Coaches and Administrators to I express appreciation for his distinguished prevent injuries and increase safety in cheer- f and selfless service on behalf of a grateful na- leader performance. A TRIBUTE TO CECI DOMINGUEZ tion. It is his sacrifice, along with the sacrifices f of those in uniform around the world, which HONORING DR. SANGTAE KIM HON. ADAM B. SCHIFF helps to keep our Nation strong and secure. f OF CALIFORNIA HON. LUKE MESSER IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE OF LT. COL. OF INDIANA DON C. FAITH IN THE HOUSE OF REPRESENTATIVES Wednesday, April 17, 2013 Wednesday, April 17, 2013 Mr. SCHIFF. Mr. Speaker, I rise today in HON. LARRY BUCSHON honor of Women’s History Month. Each year, Mr. MESSER. Mr. Speaker, I rise today to OF INDIANA we pay special tribute to the outstanding con- honor the accomplishments of Dr. Sangtae IN THE HOUSE OF REPRESENTATIVES tributions and sacrifices made by our nation’s Kim, distinguished professor of mechanical Wednesday, April 17, 2013 and chemical engineering at Purdue University women. It is an honor to pay homage to out- in West Lafayette, Indiana. standing women who are making a difference Mr. BUCSHON. Mr. Speaker, I rise today to Dr. Kim was recently awarded the 2013 Ho- in my Congressional District. honor and respect an American hero. Today, Am Engineering Prize from South Korea, the I would like to recognize an exceptional the Korean War Medal of Honor winner from highest engineering research award issued by woman, Ceci Dominguez. A resident of Ely- Washington, Indiana, Lt. Col. Don Faith, was that nation. Dr. Kim, a Korean-American, was sian Valley for 41 years, Ms. Dominguez has finally put to rest at Arlington National Ceme- born in Seoul, South Korea, and his family im- been an advocate for clean air and creating tery. migrated to Canada when he was seven green areas in our community. She has Forced to assume command of a small U.S. years-old. helped not only plan, but also establish the Army task force, due to his superior being While on leave from Purdue, Dr. Kim is a Jardin Del Rio Community Garden, the Marsh killed in combat, Lt. Col. Faith put together a visiting professor of chemical engineering at Street Park, and the Marsh Skate Park. plan. Renowned as ‘‘Task Force Faith,’’ Lt. the University of Wisconsin-Madison where he Currently, Ceci serves as President of the Col. Faith was responsible for maintaining a also previously served on the faculty as pro- Elysian Valley Seniors, and serves on the more defensible position. fessor and department chair. boards of the Sotomayor Learning Academies Grossly outnumbered and surrounded by He is the founder and chairman of Pro WD ArtLab School Site Governing Council, and the Chinese People’s Volunteer Forces, Lt. Col. Sciences Inc., a Wisconsin drug-discovery and Cornerstone Theater Company, where she re- Faith continued to rally his troops, and person- drug-development company. ceived the Community Visionary Award. She ally led an assault on a CPVF position. Lt.

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K17AP8.006 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 17, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E483 Col. Don C. Faith Jr. was awarded the highest and post-election violence have been greatly sion on the process to conduct an election U.S. military honor for valor, the Medal of reduced. However, an effort to use new tech- where there were 1,882 different configura- Honor, during the battle of Chosin Reservoir in nology did not work as well as hoped. There tions of the ballot, depending on the local 1950 for his heroics and leadership. were questions about the effectiveness of this races being run. The cell phones necessary I rise today to celebrate the life, honor, lead- election, which had promised to be a techno- for reporting of vote totals from polling stations ership and incredible sacrifice of a true Amer- logical advancement. Given future important were so late in being procured that IFES went ican hero. An honor to which we all owe a African elections, this hearing will look at what ahead and purchased 1,200 to send into the debt of gratitude. a responsible U.S. policy toward African elec- field in time for election day. May God bless you, Lt. Col. Don C. Faith tions should look like in an era of constrained Despite the extraordinary efforts by NGOs in Jr. development aid budgets. preparing for the Kenyan election, we must be f The tragic election day deaths of 19 people, selective in what lessons we take from this ex- although attributed mostly to Islamic separatist perience. We will not be able to devote such IN RECOGNITION OF EDWARD elements and not to specifically election-re- resources to what will be several important VITTARDI lated causes, cannot be overlooked and the elections yet to be held in 2013. perpetrators must be held to account. It is un- The U.S. Government has pressed both the HON. JAMES B. RENACCI acceptable that in the violence that followed governments of Mali and Madagascar to hold OF OHIO the 2007 elections, an estimated 1,200 elections at the earliest possible date in order IN THE HOUSE OF REPRESENTATIVES Kenyans were killed, and approximately to normalize relations after coups replaced 600,000 were displaced, according to media elected leaders. Zimbabwe, which recently Wednesday, April 17, 2013 reports. Yet no one has thus far been held ac- held a constitutional referendum, is scheduled Mr. RENACCI. Mr. Speaker, I rise today to countable. to hold presidential and legislative elections recognize Mr. Ed Vittardi who has proudly Kenya this year conducted its first election that many in that country hope will break the served 31 years in public education in the under the 2010 constitution. In addition to vot- long cycle of repression of the political opposi- great State of Ohio. Mr. Vittardi’s career ing for a president and members of the Na- tion. Ethiopia’s next election will replace the began as a social studies teacher at Dodge tional Assembly, Kenyans selected members late Prime Minister Meles Zenawi and also will Middle School in Twinsburg, Ohio. From there, of the new Senate, as well as governors and determine whether the political opposition will he served in many other roles in Twinsburg, local Assembly representatives in the 47 have more space to operate than in previous ultimately becoming principal of Dodge Middle newly-created counties, each with a des- elections. Guinea’s election also is being con- School. He also served as principal of ignated women’s representative. More tech- ducted in an atmosphere of uncertainty for the Claggett Middle School (Medina), Independ- nology was brought into polling places to bet- political opposition. ence Middle School (Independence), and ter ensure accuracy of voting and vote tabula- These elections are important to U.S. for- North Royalton Middle School (North Roy- tion. Unfortunately, reported malfunctions of eign policy as was the election in Kenya. So alton). For the past four years, Mr. Vittardi has the equipment in some polling stations and at how do we ensure that they are successful worked as the North Royalton City District Su- the national level, where a server broke down, and represent the will of the voters if we can’t perintendent. Under his leadership the district for awhile stoked fears of vote rigging. If the devote the resources we did in Kenya? That has made incredible progress. The Strategic court process had not been handled well as it was the question we put to the witnesses, Plan, developed in 2010 with unprecedented was, we might now be looking at another whose organizations have broad experience community involvement, has become a true wave of post-election violence. with African elections and have a unique view- living document. Through Mr. Vittardi’s direc- Uhuru Kenyatta was elected President with point that we hope will allow Congress and the tion, the North Royalton City School District 6,173,433 votes to 5,340,546 votes for Raila administration to agree on funding for a policy has maintained its Excellent rating on the Ohio Odinga, and this was certified by the Kenyan that is fiscally sound while being politically ef- Department of Education’s Local Report Card. Supreme Court. Nevertheless, violence was fective. He implemented a five-year strategic plan, en- still a possibility until Odinga gave a magnani- f gaging more than 800 community members. mous concession speech following the court Mr. Vittardi was also instrumental in the devel- ruling. HONORING DANIEL B. HASTINGS, opment of the North Royalton Stadium Foun- The amount of U.S support for the Kenya JR. dation which raised more than $1.3 million to election was extraordinary. American and Ken- build a new stadium complex, including field yan civil society organizations were enabled to HON. HENRY CUELLAR turf, without a tax increase. I would like to ac- conduct civic education, including radio and OF TEXAS knowledge his achievements throughout his television messages and programs aimed at IN THE HOUSE OF REPRESENTATIVES long career of public service and thank him for youth to encourage participation in the election Wednesday, April 17, 2013 his outstanding contribution to the 16th Con- process and discourage violence. Youth orga- gressional District and the community of North nizations were created nationwide to give Mr. CUELLAR. Mr. Speaker, I rise today to Royalton. young people an enduring voice in their coun- honor the contributions of the late Daniel B. f try’s political system. Several innovative ap- Hastings, Jr. of Laredo, Texas—a well-know, proaches were created, including a comic local businessman and philanthropist. KENYA’S 2013 ELECTIONS: AN book called Shujazz with young characters in- Daniel B. Hastings was born January 8, EFFECTIVE ASSISTANCE MODEL? volved in commenting on the Kenyan political 1948 in Laredo, Texas to Daniel and Irma M. scene. Hastings. Daniel Jr., and was the third child HON. CHRISTOPHER H. SMITH The three organizations presenting testi- and only son among the couple’s five daugh- OF NEW JERSEY mony today all played major roles in creative ters. Daniel graduated from Martin High IN THE HOUSE OF REPRESENTATIVES preparations for the 2013 Kenyan election. School in 1965, and continued his education The International Republican Institute printed at Laredo Junior College and later received Wednesday, April 17, 2013 nearly 1.2 million sample ballots and 400,000 his B.S. degree in chemistry with minors in Mr. SMITH of New Jersey. Mr. Speaker, election posters for the IEBC and also distrib- both math and physics from Texas State Uni- yesterday, the Subcommittee on Africa, Global uted 800,000 Shujazz posters. The National versity (formerly then, Southwest Texas State Health, Global Human Rights, and Inter- Democratic Institute conducted an important University). national Organizations held a hearing that ex- poll on voter attitudes heading into the elec- At the young age of 13, Mr. Hastings, Jr. amined U.S. actions to support the March tion, covering such issues as whether the began working in Laredo for the U.S. customs 2013 elections in Kenya, a critically important country was headed in the right direction, brokerage firm, Daniel B. Hastings, Inc. The African ally. The United States has devoted whether their lives would improve during the company, established by his great-aunt, pro- more than $35 million since 2010 alone to pre- next five years, whether the election posed a vided him and other members of the Hastings pare for and manage this year’s election proc- security threat to them and their community family a strong livelihood. It was not long until ess. and whether they felt others were being en- Daniel, Jr. moved up in ranks from running er- After the massive violence following the couraged to do harm to their ethnic group be- rands and performing warehouse duties to offi- closely contested December 2007 election, cause of the elections. cially joining the firm as a partner in 1973. many precautions were taken to prevent a The International Foundation for Electoral Seven years later, in 1980, he would follow his similar occurrence in 2013, and election-day Systems advised Kenya’s electoral commis- father’s footsteps and assume ownership.

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.013 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E484 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 Mr. Hastings has been highly regarded for gram; a week in Washington in which students came a full-time, extended day school serving having a strong network of personal, business, use the city as a classroom to learn about the 400 children in grades three through five. A and religious relationships. His dedication and government and develop an action plan to ad- year later, An Achievable Dream expanded work ethic have earned him numerous awards dress a community need; and implementation the extended day program to students at Dun- for his contributions to business and edu- of the action plan at home. The goal of the bar-Erwin Middle School. By 2000, An Achiev- cational development including the Laredo Program for New Americans is to help these able Dream Academy was founded as a year- Chamber of Commerce Small Businessman of young people adjust to and become an active round full time elementary school and by 2007 the Year (1989), Junior Achievement Hall of participant in the communities in which they a separate full time middle and high school Fame (2001), Alumni Achievement Award live. opened under the An Achievable Dream from Texas State University (2010) and the The Washington portion of the program fo- name. U.S. Department of Commerce Border Cham- cuses students on the founding documents of An Achievable Dream provides a social, pion Award (2012). As a founding member of our nation—the Declaration of Independence academic, and moral educational framework the Laredo Community College Education and the Constitution—to provide them with an for its students and every day starts with a Foundation and endowment fund Mr. Hastings’ understanding of our nation’s democratic prin- motivation rally where each student shakes mission will continue to touch the lives of ciples and traditions. Through study, work- the hand of an adult. The Achievable Dream many. shops, and visits to the memorials and monu- program is structured to give young people the Mr. Hastings is survived by his wife of 36 ments of the nation’s capital, students exam- skills needed to succeed in life. Those skills years, Mrs. Gloria V. Montemayor Hasting; ine the rights and responsibilities of citizenship are taught at An Achievable Dream on the their loving children, Daniel B. Hastings III in our society. tennis court, in the classroom, on field trips, (Lucina), V. Nicole Hastings and David B. As Congress begins consideration of immi- and in sharing experiences with successful Hastings; and grandchildren Daniel B. Has- gration legislation we should keep in mind the and caring adults in our community. Today, An tings IV and Dillon B. Hastings. A noble friend importance of innovative programs such as Achievable Dream is educating more than to the people of my district and hometown; the Close Up Program for New Americans in 1,200 at-risk students in Newport News and is there is no doubt that Mr. Hastings will be providing young people with opportunities to putting these students on the path to success. missed. engage with their government, its institutions Often, young people don’t think too much Mr. Speaker, I am honored to have had the and representatives and learn to apply those about the future, and don’t realize that choices opportunity to recognize the late Daniel B. civic skills in their communities. It is essential made today may limit those in the future. Wal- Hastings, Jr. His hard work and generosity that our nation’s youth acquire the knowledge ter has worked to ensure that the students at have truly impacted many lives and our com- and the critical skills and attitudes necessary An Achievable Dream have every opportunity munity. for active citizenship in our democracy. to be successful in life. f I applaud the work of the Close Up Founda- As a public-private partnership with Newport tion and the outreach that they have done in News Public Schools, the City of Newport CELEBRATING THE 25TH ANNIVER- the immigrant and migrant communities for a News, the Newport News Police Department, SARY OF THE CLOSE UP FOUN- quarter century. I hope that Congress will con- the Newport News Sheriff’s Department, the DATION’S PROGRAM FOR NEW tinue to support these programs that build in- U.S. Army, the Rotary Club, Riverside Health AMERICANS formed and active citizens and strengthen our System and the College of William and Mary, ´ communities. An Achievable Dream has received national HON. RUBEN HINOJOSA f recognition as one of the most effective urban OF TEXAS school programs in the country and has pro- HONORING WALTER SEGALOFF, IN THE HOUSE OF REPRESENTATIVES vided a model for integrating support from the FOUNDER OF AN ACHIEVABLE Wednesday, April 17, 2013 business community to support quality edu- DREAM ACADEMY AND 2013’S cational opportunities for at-risk students. Mr. HINOJOSA. Mr. Speaker, I rise today to VIRGINIAN OF THE YEAR On April 19th, the Virginia Press Association recognize one of the nation’s preeminent civic will honor Walter as its Virginian of the Year education organizations, the Close Up Foun- HON. ROBERT C. ‘‘BOBBY’’ SCOTT for 2013. Walter was nominated by our home- dation, on the occasion of the 25th anniver- OF VIRGINIA town newspaper, The Daily Press, in recogni- sary of their Program for New Americans. IN THE HOUSE OF REPRESENTATIVES tion of his decades of dedication to improving Close Up is a nonprofit nonpartisan organi- Wednesday, April 17, 2013 the educational opportunities of thousands of zation that informs, inspires, and empowers at-risk young people living in Newport News young people to exercise the rights and ac- Mr. SCOTT of Virginia. Mr. Speaker, I rise and the Association was unanimous in select- cept the responsibilities of citizens in a democ- today to honor the life and career of a local ing Walter as this year’s recipient. racy. Over the past forty years, Close Up has community leader, businessman, and humani- Walter recently stepped down as CEO of An brought hundreds of thousands of students tarian from Newport News, Virginia—Walter Achievable Dream, but he leaves behind a and teachers to Washington for week-long Segaloff. strong legacy. His vision is expected to ex- civic learning experiences. Close Up believes I have known Walter throughout my career pand to other localities in Hampton Roads, that a strong democracy requires active and in public service representing the citizens of helping improve the lives of thousands of informed participation by all citizens and seeks Newport News. He has dedicated his life to more at-risk young people in our community. to reach participants of every race, creed, improving the lives of his fellow citizens. When I commend Walter for being recognized as geographical community, socio-economic he owned Virginia Specialty Stores, he would this year’s Virginian of the Year and I thank level, and academic standing. The Close Up often interview young people seeking jobs but him for his years of dedicated service to im- Foundation partners with educators, schools, noticed many lacked the needed skills, despite proving the lives of so many young people in and youth organizations throughout the coun- having graduated from high school. Walter Newport News. try to help young people develop the skills and knew these young people had great potential f attitudes to become informed and engaged that was going to waste and he wanted to do citizens. everything he could to make sure they had ac- NATIONAL DAY OF PRAYER AND Today we celebrate the 25th anniversary of cess to the right opportunities. REFLECTION the Close Up Program for New Americans. Walter took matters into his own hands. He This unique civic learning program has helped joined forces with other local business leaders, HON. MICHELE BACHMANN more than 20,000 recently immigrated and mi- citizens, Newport News Public Schools, and OF MINNESOTA grant high school and middle school students the City of Newport News to help improve the IN THE HOUSE OF REPRESENTATIVES understand American democracy, government, lives and educational outcomes of our City’s and U.S. political traditions. Using experiential most at-risk young children. Out of this effort, Wednesday, April 17, 2013 education methodologies, the Program for An Achievable Dream was born in the summer Mrs. BACHMANN. Mr. Speaker, for cen- New Americans helps young people under- of 1992 as a summer education and tennis turies America has been blessed by God. stand both the rights and responsibilities of program. Americans today and in previous generations democratic citizenship. Due in large part to Walter’s dedication and looked to God for guidance on both private The program is comprised of three parts: tenacity, An Achievable Dream quickly ex- and national designated days of prayer and service learning in preparation for the pro- panded since that first summer. In 1994, it be- fasting.

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.015 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 17, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E485 At this time of national mourning, as we gress, I remind the House of Representatives Peter Rosenstein has been a tireless activist search for comfort in the aftermath of this loss I have the honor and pleasure of representing in politics, government affairs, and the arts for of innocent life, we would be wise to consider the oldest continually functioning lesbian, gay, more than 30 years. He is president of the afresh II Chronicles 7:14: ‘‘If my people, who bisexual and transgender (LGBT) organization Campaign for All DC Families. He is founder are called by my name, will humble them- in the United States, the Gay and Lesbian Ac- and president of Arts in Action, and was Vice selves and pray and seek my face and turn tivists Alliance of Washington, DC (GLAA). I Chair of the Board of Trustees of the Univer- from their wicked ways, then I will hear from rise today to ask the House of Representa- sity of the District of Columbia. He served on heaven, and I will forgive their sin and will tives to join me in celebrating GLAA’s 42nd Whitman-Walker Clinic’s Health Development heal their land.’’ anniversary and wishing it well as it continues Committee, and chaired the host committee I join together with other Americans who in the struggle for equal rights for the LGBT for the Food & Friends annual dinner for 9 have called for September 11, 2013 to be set community. years. He writes regularly for many publica- aside as a day for personal prayer, reflection Since its founding in April 1971, GLAA has tions, including the Washington Blade. and fasting, for ourselves and for our Nation. been a respected and tireless advocate for full Jason A. Terry is a conflict resolution and As we humble ourselves and pray and seek and equal rights for the LGBT community in human rights advocate dedicated to educating God’s grace, we can take assurance from the the District of Columbia, and has been at the others about how to build a more peaceful Holy Scripture that God has promised to hear forefront of efforts to strengthen enforcement world, locally and globally. He is training man- from heaven and will heal our land. of the landmark D.C. Human Rights Act of ager at the National Council for International 1977. One of GLAA’s most significant achieve- f Visitors, with responsibilities for regional and ments, on which it worked with coalition part- national meetings, webinars, and curriculum CONGRATULATING ANN BOCHLER ners, D.C. elected officials, and District resi- design. He is also an anti-violence organizer OF ASHLAND, WISCONSIN, ON dents, was enactment of the Religious Free- with the DC Trans Coalition, coordinating ad- BEING NAMED THE 2013 PERSON dom and Civil Marriage Equality Amendment vocacy and educational campaigns to reduce OF THE YEAR BY THE ASHLAND Act of 2009, which permits same-sex couples anti-transgender violence, and serves as AREA CHAMBER OF COMMERCE to marry in the District. treasurer on the board of the Association for In addition to its leadership on LGBT rights Gender Research, Education, Academia and in the District, GLAA has always provided Action. HON. SEAN P, DUFFY leadership on a wide range of civil rights I ask the House to join me in honoring the OF WISCONSIN issues, such as family rights, police account- recipients of GLAA’s 2013 Distinguished Serv- IN THE HOUSE OF REPRESENTATIVES ability, and access to condoms in prisons and ice Award and in celebrating GLAA’s 42nd an- Wednesday, April 17, 2013 D.C. public schools. GLAA also emphasizes niversary of contributions to the LGBT commu- effective public health strategies and account- Mr. DUFFY. Mr. Speaker, I rise today to nity in the District of Columbia. ability in the fight against HIV/AIDS in the Dis- recognize the community accomplishments of f Ann Bochler of Ashland, Wisconsin, who has trict. At GLAA’s 42nd anniversary reception on been named the 2013 Person of the Year, by HONORING THE HEROISM AND EX- April 25, 2013, the recipients of its 2013 Dis- the Ashland Area Chamber of Commerce. TRAORDINARY SERVICE OF THE tinguished Service Awards will be recognized, Ann sits on the Ashland Youth Hockey As- DOOLITTLE TOKYO RAIDERS ON including: sociation Board of Directors, and is a past THE OCCASION OF THEIR SEV- Diana Bruce is Director of Health and ENTY–FIRST ANNIVERSARY board member of several community organiza- Wellness for the District of Columbia Public tions including the Ashland Area Chamber of Schools (DCPS), and leads DCPS’s school Commerce, Big Top Chautauqua, Depot Res- health office, developing policies, programs, HON. JEFF MILLER toration Committee, the Ashland Waterfront systems and partnerships that enable local OF FLORIDA Commission and the Ashland Parks and schools to provide school health services and IN THE HOUSE OF REPRESENTATIVES Recreation Committee. Ann was the 2011 Re- supports for students. In this capacity, Diana Wednesday, April 17, 2013 cipient of the Badger of the Year Award pre- initiated the development of DCPS’s efforts to Mr. MILLER of Florida. Mr. Speaker, I am sented by the UW-Madison Alumni Club of the make its schools welcoming and inclusive of Chequamegon Bay Area. She has also been lesbian, gay, bisexual, transgender and ques- privileged to recognize the Doolittle Tokyo instrumental in helping coordinate and plan tioning students, staff and families. She also Raiders for their heroism and extraordinary events for the Ashland Chamber and for the leads the community engagement process to service and sacrifice that lifted our Nation and Ashland and Bayfield County Relay for Life, develop DCPS’s framework and approach to helped propel the Allies to victory over Japan for which she serves as Chairperson. preventing, identifying and responding to bul- in World War Two. Ann is a true community leader, and lying. On April 18, 1942, as a response to Japan’s through her own creativity comes up with Clarence J. Fluker is the editor of surprise attack on our Nation, eighty brave great ideas. Her positive demeanor and Substanceandstyledc.com, an art, culture, en- Americans from the 17th Bombardment Group strong, outgoing personality has allowed her to tertainment and lifestyle blog. Clarence’s arti- (Medium) set out to execute a first-of-its-kind connect with the community to develop a great cles have been featured in SWERV and The mission to bring the fight Japan started to their support network of volunteers who help her at- Life magazines, and he has served as the homeland. Led by then Lieutenant Colonel tain her goals for community fundraising and Next Generation editor for Arise. He served as Jimmy Doolittle, these heroic men all volun- other events. Program Manager of the D.C. Office of Gay, teered for what they were told to be an ex- Thanks to the community contributions of Lesbian, Bisexual and Transgender Affairs tremely hazardous mission and were still will- outstanding citizens like Ann Bochler, Ashland from 2008 to 2012, and previously served on ing to put their lives in harm’s way to help de- is rightfully known by many as ‘‘Lake Superi- its Advisory Committee. In 2002, he was elect- fend our great Nation. or’s hometown.’’ I ask that my colleagues join ed the youngest member of the Board of Di- The mission, thought by many to be near me today to express our appreciation for rectors of Black Lesbian & Gay Pride Day, impossible, required innovations and extensive Ann’s community spirit and our congratulations Inc., and served as its board president in training to include secret preparations con- to her on receiving this well-deserved award. 2006. ducted in March 1942 at Eglin Field in the f Brent Minor is executive director of Team First Congressional District of Florida. These DC, established in 2003 to educate the LGBT intensive preparations included training for ac- HONORING THE GAY AND LESBIAN community on the benefits of individual and complishing short takeoffs and landings and ACTIVISTS ALLIANCE OF WASH- team sports. Brent chaired the Metropolitan techniques for fuel efficient flying. Eglin Field INGTON, DC (GLAA) Washington Gaymes bid committee for the helped serve as the proving ground for the 2014 Gay Games. He is a member of the Al- military’s innovations and techniques required HON. ELEANOR HOLMES NORTON exandria Commission on HIV/AIDS. He served to ensure these brave American’s were ready OF THE DISTRICT OF COLUMBIA on the President’s Advisory Council on HIV/ for their mission. IN THE HOUSE OF REPRESENTATIVES AIDS under Presidents Bill Clinton and After months of Japanese military suc- George W. Bush. He also served as Director cesses in the Pacific, these brave airmen set Wednesday, April 17, 2013 of Public Policy at the Whitman-Walker Clinic out on a mission that changed the tide of the Ms. NORTON. Mr. Speaker, every spring of Northern Virginia and as Director of Com- Second World War and lifted the morale and since 1991, when I became a member of Con- munity Relations at Food & Friends. spirits of a grateful Nation. On that day, they

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17AP8.018 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E486 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 planned to launch their sixteen modified B–25 MEETINGS SCHEDULED quest for fiscal year 2014 for Veterans’ bombers from the deck of the aircraft carrier April 19 program proposals. SD–608 USS Hornet, flying to Japan to drop their 10 a.m. 2:30 p.m. bombs and then fly on to land in a part of Committee on the Judiciary Committee on Appropriations China that was still free from Japanese occu- To hold hearings to examine comprehen- Subcommittee on Department of Home- sive immigration reform legislation. pation. land Security SH–216 However, despite their extensive prepara- To hold hearings to examine proposed tions, the USS Hornet was discovered by the budget estimates for fiscal year 2014 for April 22 Japanese 170 miles further from their pre- the Department of Homeland Security. arranged aircraft launching point. Still, these 10 a.m. SD–124 selfless and brave American’s decided to con- Committee on the Judiciary Committee on Armed Services tinue with their mission despite the fact they To resume hearings to examine com- Subcommittee on Emerging Threats and were beyond the distance considered to be prehensive immigration reform legisla- Capabilities safe for launch. The Doolittle Tokyo Raiders tion. To hold hearings to examine prolifera- SH–216 deliberately accepted the risk that their B–25’s tion prevention programs at the De- partment of Energy and at the Depart- might have only the fuel required to reach April 23 their targets but not enough to ensure their ment of Defense in review of the De- 9:30 a.m. fense Authorization Request for fiscal safe landing. Committee on Armed Services year 2014 and the Future Years Defense Despite the obstacles presented to these To hold hearings to examine the Depart- Program; to be immediately followed men, they successfully reached Japan, ment of the Army in review of the De- by a closed session in SVC–217. dropped their bombs and set on their journey fense Authorization Request for fiscal SR–222 to find a safe landing site. Because of their year 2014 and the Future Years Defense Committee on Commerce, Science, and deliberate choice to launch early, they found Program. Transportation themselves low on fuel navigating in increas- SD–106 Subcommittee on Science and Space ingly deteriorating weather. None of the six- 10 a.m. To hold hearings to examine challenges teen B–25’s launched reached their pre– Committee on Appropriations and opportunities for human space ex- planned landing sites. Of the eighty Doolittle Subcommittee on State, Foreign Oper- ploration. Raiders who conducted the raid, seven gave ations, and Related Programs SR–253 To hold hearings to examine proposed Committee on Energy and Natural Re- the ultimate sacrifice with the loss of their lives budget estimates for fiscal year 2014 for sources while defending the freedoms we all enjoy the United States Agency for Inter- To hold hearings to examine S. 59, to des- today. national Development. ignate a Distinguished Flying Cross The Doolittle Tokyo Raiders acts of heroism SD–192 National Memorial at the March Field and extraordinary airmanship while facing un- Committee on Banking, Housing, and Air Museum in Riverside, California, S. imaginable odds against their own safety and Urban Affairs 155, to designate a mountain in the well–being is recognized as a turning point in To hold hearings to examine the Con- State of Alaska as Denali, S. 156, to the war in the Pacific. Their skill, valor, and sumer Financial Protection Bureau’s allow for the harvest of gull eggs by selflessness boosted the morale of our Na- semi-annual report to Congress. the Huna Tlingit people within Glacier tion’s military while causing the Japanese of- SD–538 Bay National Park in the State of fensive pause as they moved resources to de- Committee on Commerce, Science, and Alaska, S. 219, to establish the Susque- Transportation hanna Gateway National Heritage Area fend their own nation. This morale boost Subcommittee on Oceans, Atmosphere, in the State of Pennsylvania, S. 225, to helped fuel the growing American offensive, Fisheries, and Coast Guard authorize the Secretary of the Interior ultimately leading to the United States victory To hold hearings to examine the Presi- to conduct a study of alternatives for in the Pacific. dent’s proposed budget request for fis- commemorating and interpreting the Mr. Speaker, on behalf of the United States cal year 2014 for the Coast Guard and role of the Buffalo Soldiers in the early Congress, it gives me great pride to recognize the National Oceanic and Atmospheric years of the National Parks, S. 228, to the Doolittle Tokyo Raiders on their 71st anni- Administration (NOAA). establish the Sacramento-San Joaquin versary of their remarkable bombing raid on SR–253 Delta National Heritage Area, S. 285, to Tokyo during World War II. My wife Vicki joins Committee on Energy and Natural Re- designate the Valles Caldera National me in thanking all the Doolittle Tokyo Raiders sources Preserve as a unit of the National Park and their families for their sacrifice to our Na- To hold hearings to examine S. 306, to System, S. 305, to authorize the acqui- authorize all Bureau of Reclamation sition of core battlefield land at Cham- tion. conduit facilities for hydropower devel- pion Hill, Port Gibson, and Raymond f opment under Federal Reclamation for addition to Vicksburg National SENATE COMMITTEE MEETINGS law, S. 545, to improve hydropower, and Military Park, S. 349, to amend the an original bill to promote energy sav- Wild and Scenic Rivers Act to des- Title IV of Senate Resolution 4, ings in residential and commercial ignate a segment of the Beaver, agreed to by the Senate of February 4, buildings and industry. Chipuxet, Queen, Wood, and Pawcatuck 1977, calls for establishment of a sys- SD–366 Rivers in the States of Connecticut and tem for a computerized schedule of all Committee on Finance Rhode Island for study for potential ad- meetings and hearings of Senate com- To hold hearings to examine the dition to the National Wild and Scenic mittees, subcommittees, joint commit- Antwone Fisher story as a case study Rivers System, S. 371, to establish the tees, and committees of conference. for child welfare. Blackstone River Valley National His- This title requires all such committees SD–215 torical Park, to dedicate the Park to to notify the Office of the Senate Daily Committee on Health, Education, Labor, John H. Chafee, S. 476, to amend the and Pensions Chesapeake and Ohio Canal Develop- Digest—designated by the Rules Com- Subcommittee on Primary Health and ment Act to extend to the Chesapeake mittee—of the time, place and purpose Aging and Ohio Canal National Historical of the meetings, when scheduled and To hold hearings to examine successful Park Commission, S. 486, to authorize any cancellations or changes in the primary care programs. pedestrian and motorized vehicular ac- meetings as they occur. SD–430 cess in Cape Hatteras National Sea- As an additional procedure along Committee on the Judiciary shore Recreational Area, S. 507, to es- with the computerization of this infor- Subcommittee on the Constitution, Civil tablish the Manhattan Project Na- mation, the Office of the Senate Daily Rights and Human Rights tional Historical Park in Oak Ridge, Digest will prepare this information for To hold hearings to examine drone wars, Tennessee, Los Alamos, New Mexico, printing in the Extensions of Remarks focusing on the constitutional and and Hanford, Washington, and S. 615, to counterterrorism implications of tar- establish Coltsville National Historical section of the CONGRESSIONAL RECORD geted killing. Park in the State of Connecticut. on Monday and Wednesday of each SD–226 SD–366 week. 10:30 a.m. Select Committee on Intelligence Meetings scheduled for Thursday, Committee on the Budget To hold closed hearings to examine cer- April 18, 2013 may be found in the Daily To hold hearings to examine the Presi- tain intelligence matters. Digest of today’s record. dent’s proposed budget and revenue re- SH–219

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K17AP8.016 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 17, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E487 April 24 Committee on Armed Services 241, to establish the Rio Grande del 9:30 a.m. Subcommittee on Strategic Forces Norte National Conservation Area in Committee on Appropriations To hold hearings to examine military the State of New Mexico, S. 255, to Subcommittee on Department of the Inte- space programs and views on Depart- withdraw certain Federal land and in- rior, Environment, and Related Agen- ment of Defense usage of the electro- terests in that land from location, cies magnetic spectrum in review of the De- entry, and patent under the mining To hold hearings to examine proposed fense Authorization Request for fiscal laws and disposition under the mineral budget estimates for fiscal year 2014 for year 2014 and the Future Years Defense and geothermal leasing laws, S. 256, to Program. the Environmental Protection Agency. amend Public Law 93–435 with respect SR–222 SD–124 to the Northern Mariana Islands, pro- Committee on Commerce, Science, and 10 a.m. viding parity with Guam, the Virgin Is- Committee on Appropriations Transportation To hold hearings to examine a status up- lands, and American Samoa, S. 258, to Subcommittee on Department of Defense amend the Federal Land Policy and To hold hearings to examine proposed date on the development of voluntary Management Act of 1976 to improve the budget estimates for fiscal year 2014 for do-not-track standards. management of grazing leases and per- the Department of the Navy. SR–253 mits, S. 312, to adjust the boundary of SD–192 Committee on Health, Education, Labor, Committee on Appropriations and Pensions the Carson National Forest, New Mex- Subcommittee on Departments of Labor, Subcommittee on Children and Families ico, S. 327, to authorize the Secretary Health and Human Services, and Edu- To hold hearings to examine the eco- of Agriculture and the Secretary of the cation, and Related Agencies nomic importance of financial literacy Interior to enter into cooperative To hold hearings to examine proposed education for students. agreements with State foresters au- budget estimates for fiscal year 2014 for SD–430 thorizing State foresters to provide the Department of Health and Human Committee on Indian Affairs certain forest, rangeland, and water- Services. To hold hearings to examine the Presi- shed restoration and protection serv- SD–138 dent’s proposed budget request for fis- ices, S. 340, to provide for the settle- Committee on Armed Services cal year 2014 for Tribal Programs. ment of certain claims under the Alas- Subcommittee on Personnel SD–628 ka Native Claims Settlement Act, S. To resume hearings to examine the Ac- Committee on the Judiciary 341, to designate certain lands in San To hold hearings to examine certain tive, Guard, Reserve, and civilian per- Miguel, Ouray, and San Juan Counties, nominations. sonnel programs in review of the De- Colorado, as wilderness, S. 342, to des- SD–226 fense Authorization Request for fiscal ignate the Pine Forest Range Wilder- year 2014 and the Future Years Defense 3 p.m. Committee on Armed Services ness area in Humboldt County, Nevada, Program. S. 353, to designate certain land in the SR–222 Subcommittee on Airland State of Oregon as wilderness, to make Committee on Finance To hold hearings to examine tactical air- additional wild and scenic river des- To hold hearings to examine the Trans- craft programs in review of the Defense ignations in the State of Oregon, S. 360, Pacific partnership, focusing on oppor- Authorization Request for fiscal year tunities and challenges. 2014 and the Future Years Defense Pro- to amend the Public Lands Corps Act SD–215 gram. of 1993 to expand the authorization of Committee on Foreign Relations SD–G50 the Secretaries of Agriculture, Com- To hold hearings to examine inter- merce, and the Interior to provide serv- national development priorities in the April 25 ice opportunities for young Americans; fiscal year 2014 budget. 9:30 a.m. help restore the nation’s natural, cul- SD–419 Committee on Armed Services tural, historic, archaeological, rec- Committee on Homeland Security and To hold hearings to examine the Depart- reational and scenic resources; train a Governmental Affairs ment of the Navy in review of the De- new generation of public land man- To hold an oversight hearing to examine fense Authorization Request for fiscal agers and enthusiasts; and promote the business practices of durable medical year 2014 and the Future Years Defense value of public service, S. 366, to amend equipment companies. Program; with the possibility of a the Omnibus Budget Reconciliation SD–342 closed session in SVC–217 following the Act of 1993 to require the Bureau of Committee on Veterans’ Affairs open session. Land Management to provide a claim- To hold hearings to examine Veterans’ SD–106 ant of a small miner waiver from claim Affairs outreach and community part- 10 a.m. maintenance fees with a period of 60 nerships. SR–418 Committee on Energy and Natural Re- days after written receipt of 1 or more 10:30 a.m. sources defects is provided to the claimant by Joint Economic Committee To hold hearings to examine drought and registered mail to cure the 1 or more To hold hearings to examine long-term the effect on energy and water manage- defects or pay the claim maintenance unemployment, focusing on con- ment decisions. sequences and solutions. SD–366 fee, S. 368, to reauthorize the Federal TBA 10:30 a.m. Land Transaction Facilitation Act, S. 2 p.m. Committee on Commerce, Science, and 447, to provide for the conveyance of Special Committee on Aging Transportation certain cemeteries that are located on To hold hearings to examine the national Subcommittee on Communications, Tech- National Forest System land in Black plan to address Alzheimer’s disease, fo- nology, and the Internet Hills National Forest, South Dakota, cusing on if we are on track to 2025. To hold hearings to examine the state of and S. 609, to authorize the Secretary SD–106 wireless communications. of the Interior to convey certain Fed- 2:30 p.m. SR–253 eral land in San Juan County, New Committee on Appropriations 2:30 p.m. Mexico. Subcommittee on Energy and Water Devel- Committee on Energy and Natural Re- SD–366 opment sources Select Committee on Intelligence To hold hearings to examine proposed Subcommittee on Public Lands, Forests, To hold closed hearings to examine cer- budget estimates for fiscal year 2014 for and Mining tain intelligence matters. the National Nuclear Security Admin- To hold hearings to examine S. 27, to SH–219 istration. clarify authority granted under the SD–192 Act entitled ‘‘An Act to define the ex- May 7 Committee on Armed Services terior boundary of the Uintah and Subcommittee on Readiness and Manage- Ouray Indian Reservation in the State 9:30 a.m. ment Support of Utah’’, S. 28, to provide for the con- Committee on Armed Services To hold hearings to examine military veyance of a small parcel of National To hold hearings to examine the Depart- construction, environmental, and base Forest System land in the Uinta- ment of the Air Force in review of the closure programs in review of the De- Wasatch-Cache National Forest in Defense Authorization Request for fis- fense Authorization Request for fiscal Utah to Brigham Young University, S. cal year 2014 and the Future Years De- year 2014 and the Future Years Defense 159, to designate the Wovoka Wilder- fense Program. Program. ness and provide for certain land con- SH–216 SR–232A veyances in Lyon County, Nevada, S.

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\M17AP8.000 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS E488 CONGRESSIONAL RECORD — Extensions of Remarks April 17, 2013 May 8 11 a.m. posed National Defense Authorization 9:30 a.m. Committee on Armed Services Act for fiscal year 2014. Committee on Armed Services Subcommittee on Readiness and Manage- SR–232A Subcommittee on Airland ment Support To hold hearings to examine Army mod- Business meeting to markup those provi- June 12 ernization in review of the Defense Au- sions which fall under the subcommit- 9:30 a.m. thorization Request for fiscal year 2014 tee’s jurisdiction of the proposed Na- Committee on Armed Services and the Future Years Defense Pro- tional Defense Authorization Act for Subcommittee on SeaPower gram. fiscal year 2014. Closed business meeting to markup those SR–222 SD–G50 provisions which fall under the sub- Committee on Armed Services 2 p.m. committee’s jurisdiction of the pro- Subcommittee on SeaPower Committee on Armed Services posed National Defense Authorization To hold hearings to examine Navy ship- Subcommittee on Personnel Act for fiscal year 2014. building programs in review of the De- SR–222 fense Authorization Request for fiscal Business meeting to markup those provi- 2:30 p.m. year 2014 and the Future Years Defense sions which fall under the subcommit- Committee on Armed Services Program. tee’s jurisdiction of the proposed Na- SR–232A tional Defense Authorization Act for Closed business meeting to markup the fiscal year 2014. proposed National Defense Authoriza- May 16 SD–G50 tion Act for fiscal year 2014. SR–222 10 a.m. 3:30 p.m. Committee on Armed Services Committee on Health, Education, Labor, June 13 and Pensions Subcommittee on Strategic Forces To hold hearings to examine certain Closed business meeting to markup those 9:30 a.m. nominations. provisions which fall under the sub- Committee on Armed Services SD–430 committee’s jurisdiction of the pro- Closed business meeting to continue to posed National Defense Authorization markup the proposed National Defense June 11 Act for fiscal year 2014. Authorization Act for fiscal year 2014. 9:30 a.m. SR–232A SR–222 Committee on Armed Services 6 p.m. Subcommittee on Airland Committee on Armed Services June 14 Business meeting to markup those provi- Subcommittee on Emerging Threats and 9:30 a.m. sions which fall under the subcommit- Capabilities Committee on Armed Services tee’s jurisdiction of the proposed Na- Closed business meeting to markup those Closed business meeting to continue to tional Defense Authorization Act for provisions which fall under the sub- markup the proposed National Defense fiscal year 2014. committee’s jurisdiction of the pro- Authorization Act for fiscal year 2014. SD–G50 SR–222

VerDate Mar 15 2010 04:35 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M17AP8.000 E17APPT1 tjames on DSK6SPTVN1PROD with REMARKS Wednesday, April 17, 2013 Daily Digest Senate By 54 yeas to 46 nays (Vote No. 97), Manchin Chamber Action Amendment No. 715, to protect Second Amend- Routine Proceedings, pages S2697–S2774 ment rights, ensure that all individuals who should Measures Introduced: Thirteen bills and two reso- be prohibited from buying a firearm are listed in the lutions were introduced, as follows: S. 745–757, S. National Instant Criminal Background Check Sys- Res. 101, and S. Con. Res. 13. Page S2749 tem, and provide a responsible and consistent background check process. (A unanimous-consent agree- Measures Reported: ment was reached providing that the amendment, S. Res. 65, strongly supporting the full imple- having failed to achieve 60 affirmative votes, the mentation of United States and international sanc- amendment was not agreed to. Subsequently, Senator tions on Iran and urging the President to continue Reid entered a motion to reconsider the vote by to strengthen enforcement of sanctions legislation, which Manchin Amendment No. 715, (listed above), with an amendment. was not agreed to.) S. Res. 90, standing with the people of Kenya fol- Pages S2699, S2709, S2729–30, S2739–40 lowing their national and local elections on March 4, By 52 yeas to 48 nays (Vote No. 98), Grassley 2013, and urging a peaceful and credible resolution Amendment No. 725, to address gun violence, im- of electoral disputes in the courts, with an amend- prove the availability of records to the National In- ment in the nature of a substitute and with an stant Criminal Background Check System, address amended preamble. Page S2748 mental illness in the criminal justice system, and Measures Passed: end straw purchases and trafficking of illegal fire- Condemning the Attacks in Boston, Massachu- arms. (A unanimous-consent agreement was reached setts: Senate agreed to S. Res. 101, condemning the providing that the amendment, having failed to horrific attacks in Boston, Massachusetts, and ex- achieve 60 affirmative votes, the amendment was not pressing support, sympathy, and prayers for those agreed to.) Pages S2721–24, S2733–38, S2740 impacted by this tragedy. Page S2729 By 58 yeas to 42 nays (Vote No. 99), Leahy Amendment No. 713, to increase public safety by John Arthur ‘‘Jack’’ Johnson: Committee on the punishing and deterring firearms trafficking. (A Judiciary was discharged from further consideration unanimous-consent agreement was reached providing of S. Con. Res. 5, expressing the sense of Congress that the amendment, having failed to achieve 60 af- that John Arthur ‘‘Jack’’ Johnson should receive a firmative votes, the amendment was not agreed to.) posthumous pardon for the racially motivated con- Pages S2732–33, S2740–41 viction in 1913 that diminished the athletic, cul- By 57 yeas to 43 nays (Vote No. 100), Cornyn/ tural, and historic significance of Jack Johnson and Vitter Amendment No. 719, to allow reciprocity for unduly tarnished his reputation, and the resolution the carrying of certain concealed firearms. (A unani- was then agreed to. Pages S2773–74 mous-consent agreement was reached providing that Measures Considered: the amendment, having failed to achieve 60 affirma- Safe Communities, Safe Schools Act—Agree- tive votes, the amendment was not agreed to.) ment: Senate continued consideration of S. 649, to Pages S2706–09, S2710, S2741 ensure that all individuals who should be prohibited By 40 yeas to 60 nays (Vote No. 101), Feinstein from buying a firearm are listed in the national in- Amendment No. 711, to regulate assault weapons, stant criminal background check system and require to ensure that the right to keep and bear arms is not a background check for every firearm sale, taking ac- unlimited. (A unanimous-consent agreement was tion on the following amendments proposed thereto: reached providing that the amendment, having failed Pages S2699–S2729, S2729–44 to achieve 60 affirmative votes, the amendment was Rejected: not agreed to.) Pages S2699–S2706, S2741–42 D328

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST April 17, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D329 By 56 yeas to 44 nays (Vote No. 102), Burr for debate, equally divided in the usual form prior Amendment No. 720, to protect the Second Amend- to votes on confirmation of the nominations in the ment rights of veterans and their families. (A unani- order listed; and that no further motions be in order mous-consent agreement was reached providing that to the nominations. Page S2774 the amendment, having failed to achieve 60 affirma- Messages from the House: Page S2747 tive votes, the amendment was not agreed to.) Pages S2719–20, S2742 Measures Referred: Page S2747 By 46 yeas to 54 nays (Vote No. 103), Measures Placed on the Calendar: Page S2747 Blumenthal (for Lautenberg) Amendment No. 714, Executive Communications: Pages S2747–48 to regulate large capacity ammunition feeding devices. (A unanimous-consent agreement was reached Executive Reports of Committees: Pages S2748–49 providing that the amendment, having failed to Additional Cosponsors: Pages S2749–51 achieve 60 affirmative votes, the amendment was not Statements on Introduced Bills/Resolutions: agreed to.) Pages S2738–39, S2742–44 Pages S2751–52 Pending: Additional Statements: Pages S2746–47 Barrasso Amendment No. 717, to withhold 5 percent of Community Oriented Policing Services pro- Amendments Submitted: Pages S2752–73 gram Federal funding from States and local govern- Authorities for Committees to Meet: Page S2773 ments that release sensitive and confidential informa- Privileges of the Floor: Pages S2773 tion on law-abiding gun owners and victims of domestic violence. Pages S2709–10 Record Votes: Seven record votes were taken today. Harkin Amendment No. 730, to reauthorize and (Total—103) Pages S2740–44 improve programs related to mental health and sub- Adjournment: Senate convened at 9:30 a.m. and stance use disorders. Pages S2730–31 adjourned at 6:45 p.m., until 9:30 a.m. on Thurs- A unanimous-consent agreement was reached pro- day, April 18, 2013. (For Senate’s program, see the viding that following Leader remarks at approxi- remarks of the Majority Leader in today’s Record on mately 9:30 a.m., on Thursday, April 18, 2013, Sen- page S2774.) ate continue consideration of the bill; that the time until 12 noon be equally divided between the two Committee Meetings Leaders, or their designees, for debate on Barrasso Amendment No. 717 (listed above) and Harkin (Committees not listed did not meet) Amendment No. 730 (listed above); that at 12 noon, Senate vote on or in relation to Barrasso Amendment APPROPRIATIONS: NATIONAL GUARD No. 717 and Harkin Amendment No. 730, in that AND RESERVE order, with all other provisions of the previous order Committee on Appropriations: Subcommittee on Depart- of Tuesday, April 16, 2013 remaining in effect. ment of Defense concluded a hearing to examine Page S2744 proposed budget estimates for fiscal year 2014 for Appointments: the National Guard and Reserve, after receiving tes- Congressional Advisory Panel on the Governance timony from General Frank J. Grass, Chief, National of the Nuclear Security Enterprise: The Chair an- Guard Bureau, Lieutenant General William E. nounced, on behalf of the Majority Leader, pursuant Ingram, Jr., Director, Army National Guard, Lieu- to the provisions of Section 3166 of Public Law tenant General Stanley E. Clarke III, Director, Air 112–239, the appointment of the following indi- National Guard, Lieutenant General Jeffrey W. vidual to be a member of the Congressional Advisory Talley, Chief of the U.S. Army Reserve, Vice Admi- Panel on the Governance of the Nuclear Security En- ral Robin R. Braun, U.S. Navy, Chief of Navy Re- terprise: Gregory B. Jaczko of the District of Colum- serve, Lieutenant General Steven A. Hummer, Com- mander, U.S. Marine Corps Forces Reserve, and bia. Page S2774 Lieutenant General James F. Jackson, Chief of Air Torres and Watson Nominations—Agreement: A Force Reserve, all of the Department of Defense. unanimous-consent-time agreement was reached providing that at 2 p.m. on Thursday, April 18, 2013, APPROPRIATIONS: DEPARTMENT OF Senate begin consideration of the nominations of EDUCATION Analisa Torres, to be United States District Judge Committee on Appropriations: Subcommittee on Depart- for the Southern District of New York, and Derrick ments of Labor, Health and Human Services, and Kahala Watson, to be United States District Judge Education, and Related Agencies concluded a hear- for the District of Hawaii, that there be 15 minutes ing to examine proposed budget estimates for fiscal

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST D330 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2013 year 2014 for the Department of Education, after re- ing testimony from Madelyn R. Creedon, Assistant ceiving testimony from Arne Duncan, Secretary, and Secretary for Global Strategic Affairs, Andrew C. Thomas Skelly, Budget Director, both of the Depart- Weber, Assistant Secretary for Nuclear, Chemical, ment of Education. and Biological Defense Programs, Lieutenant General BUSINESS MEETING James M. Kowalski, USAF, Commander, Air Force Global Strike Command, Major General Garrett Committee on Armed Services: Committee ordered favor- Harencak, USAF, Assistant Chief of Staff, Strategic ably reported 549 nominations in the Army, Navy, Deterrence and Nuclear Integration, Major General Air Force, and Marine Corps. Robert E. Wheeler, USAF, Deputy Chief Informa- DEFENSE AUTHORIZATION REQUEST AND tion Officer for Command, Control, Communications FUTURE YEARS DEFENSE PROGRAM and Computers and Information Infrastructure Capa- bilities, Rear Admiral Terry J. Benedict, USN, Di- Committee on Armed Services: Committee concluded a rector, Strategic Systems Programs, Brigadier Gen- hearing to examine the Defense Authorization Re- eral Thomas W. Bergeson, USAF, Director, Oper- quest for fiscal year 2014 and the Future Years De- ational Capability Requirements, and Colonel Tim- fense Program, after receiving testimony from Chuck othy A. Woods, USAF, Senior Material Leader, Long Hagel, Secretary, and General Martin E. Dempsey, Range Strike Bomber, System Program Manager, Air USA, Chairman, Joint Chiefs of Staff, both of the Force Rapid Capabilities Office, all of the Depart- Department of Defense. ment of Defense. SITUATION IN SYRIA HOMEOWNERS HARMED BY Committee on Armed Services: Committee received a FORECLOSURES briefing on the situation in Syria from Chuck Hagel, Secretary, and General Martin E. Dempsey, USA, Committee on Banking, Housing, and Urban Affairs: Chairman, Joint Chiefs of Staff, both of the Depart- Subcommittee on Housing, Transportation and ment of Defense. Community Development concluded a hearing to examine helping homeowners harmed by foreclosures, DEFENSE AUTHORIZATION REQUEST AND focusing on ensuring accountability and transparency FUTURE YEARS DEFENSE PROGRAM in foreclosure reviews, including enhancing con- Committee on Armed Services: Subcommittee on Per- tinuing reviews and activities under amended con- sonnel concluded a hearing to examine the Active, sent orders, after receiving testimony from Lawrence Guard, Reserve, and civilian personnel programs in L. Evans, Jr., Director, Financial Markets and Com- review of the Defense Authorization Request for fis- munity Investment, Government Accountability Of- cal year 2014 and the Future Years Defense Pro- fice; Joseph A. Smith, Jr., Monitor of the National gram, after receiving testimony from Jessica L. Mortgage Settlement, Raleigh, North Carolina; Wright, Acting Under Secretary for Personnel and David C. Holland, Rust Consulting, Inc., Min- Readiness, Jonathan Woodson, Assistant Secretary neapolis, Minnesota; and Debby Goldberg, National for Health Affairs and Director of TRICARE Man- Fair Housing Alliance, Silver Spring, Maryland. agement Activity, Frederick E. Vollrath, Acting As- BUSINESS MEETING sistant Secretary for Readiness and Force Manage- ment, and Richard O. Wightman, Acting Assistant Committee on the Budget: Committee ordered favorably Secretary for Reserve Affairs, all of the Department reported the nomination of Sylvia Mathews Burwell, of Defense; Master Chief Joseph L. Barnes, USN of West Virginia, to be Director of the Office of (Ret.), Fleet Reserve Association, Colonel Steven P. Management and Budget. Strobridge, USAF (Ret.), Military Officers Associa- FUTURE OF PASSENGER RAIL tion of America, and Kathleen B. Moakler, National Military Family Association, all of Alexandria, Vir- Committee on Commerce, Science, and Transportation: ginia; and Captain Marshall Hanson, USN (Ret.), Committee concluded a hearing to examine the fu- Reserve Officers Association, Washington, D.C. ture of passenger rail, focusing on what’s next for the Northeast Corridor, after receiving testimony from DEFENSE AUTHORIZATION REQUEST AND Joseph H. Boardman, Amtrak, James P. Redeker, FUTURE YEARS DEFENSE PROGRAM Connecticut Department of Transportation Commis- Committee on Armed Services: Subcommittee on Stra- sioner, on behalf of the Northeast Corridor Infra- tegic Forces concluded open and closed hearings to structure and Operations Advisory Commission, John examine nuclear forces and policies in review of the Tolman, Brotherhood of Locomotive Engineers and Defense Authorization Request for fiscal year 2014 Trainmen, and R. Richard Geddes, American Enter- and the Future Years Defense Program, after receiv- prise Institute, all of Washington, D.C.; and Jim

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST April 17, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D331 Steer, Steer Davies Gleave, London, United King- DEPARTMENT OF HOMELAND SECURITY dom. BUDGET Committee on Homeland Security and Governmental Af- BUDGET fairs: Committee concluded a hearing to examine the Committee on Finance: Committee concluded a hearing President’s proposed budget request for fiscal year to examine the President’s proposed budget request 2014 for the Department of Homeland Security, for fiscal year 2014, after receiving testimony from after receiving testimony from Janet Napolitano, Sec- Kathleen Sebelius, Secretary of Health and Human retary of Homeland Security. Services. SMALL BUSINESS ADMINISTRATION BUDGET BUSINESS MEETING Committee on Small Business and Entrepreneurship: Com- Committee on Homeland Security and Governmental Af- mittee concluded a hearing to examine the Presi- fairs: Committee ordered favorably reported the dent’s proposed budget request for fiscal year 2014 nomination of Sylvia Mathews Burwell, of West Vir- for the Small Business Administration, after receiv- ginia, to be Director of the Office of Management ing testimony from Karen Mills, Administrator, and Budget. Peggy E. Gustafson, Inspector General, and Winslow Sargeant, Chief Counsel for Advocacy, all of the Small Business Administration. h House of Representatives bill for the purpose of amendment under the five- Chamber Action minute rule, in lieu of the amendment in the nature Public Bills and Resolutions Introduced: 23 pub- of a substitute recommended by the Permanent Se- lic bills, H.R. 1590–1612; and 3 resolutions, H. lect Committee on Intelligence now printed in the Res. 166–168, were introduced. Pages H2122–24 bill. Page H2097 Additional Cosponsors: Page H2125 Agreed to: Schneider amendment (No. 3 printed in H. Rept. Reports Filed: There were no reports filed today. 113–41) that clarifies that independent contractors Recess: The House recessed at 10:37 a.m. and re- are eligible for security clearances for purposes of convened at 12 noon. Page H2073 employment to handle cyber threat intelligence and Chaplain: The prayer was offered by the guest chap- cyber threat information; Pages H2101–02 lain, Rabbi Robert Silvers, Congregation B’Nai Rogers (MI) amendment (No. 1 printed in H. Israel, Boca Raton, Florida. Page H2073 Rept. 113–41) that corrects reported language concerning a reference in subsection (c)(4) to the proce- Board of Visitors to the United States Coast dures created in (c)(7) (by a recorded vote of 418 Guard Academy—Appointment: The Chair an- ayes with none voting ‘‘no’’, Roll No. 110); nounced the Speaker’s appointment of the following Pages H2100, H2103–04 Members on the part of the House to the Board of Connolly amendment (No. 2 printed in H. Rept. Visitors to the United States Coast Guard Academy: 113–41) that further defines how classified cyber Representatives Coble and Courtney. Page H2088 threat intelligence may be shared and used, and adds Cyber Intelligence Sharing and Protection Act: an additional provision stipulating that classified The House began consideration of H.R. 624, to pro- threat intelligence may only be used, retained, or vide for the sharing of certain cyber threat intel- further disclosed by a certified entity only for cyber- ligence and cyber threat information between the in- security purposes (by a recorded vote of 418 ayes telligence community and cybersecurity entities. with none voting ‘‘no’’, Roll No. 111); and Consideration of the measure is expected to resume Pages H2100–01, H2104–05 tomorrow. Pages H2088–2103, H2103–05 Langevin amendment (No. 4 printed in H. Rept. Pursuant to the rule, an amendment in the nature 113–41) that replaces the term ‘‘local’’ with ‘‘polit- of a substitute consisting of the text of Rules Com- ical subdivision’’, which allows the inclusion of util- mittee Print 113–7 shall be considered as an original ity ‘‘districts’’ that would not otherwise be covered

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST D332 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2013 but that are intended to be covered in the bill (by APPROPRIATIONS—CUSTOMS AND a recorded vote of 411 ayes to 3 noes, Roll No. BORDER PROTECTION FISCAL YEAR 2014 112). Pages H2102, H2105 BUDGET REQUEST H. Res. 164, the rule providing for consideration Committee on Appropriations: Subcommittee on Home- of the bill, was agreed to by a yea-and-nay vote of land Security held a hearing on Customs and Border 227 yeas to 192 nays, Roll No. 109. Pages H2078–88 Protection Fiscal Year 2014 Budget Request. Testi- Agreed to the Woodall amendment to the rule by mony was heard from the following Customs and voice vote, after the previous question was ordered Border Protection officials: Michael Fisher, Chief, without objection. Pages H2086–87 Border Patrol; Randolph Alles, Assistant Commis- Recess: The House recessed at 4:01 p.m. and recon- sioner, Air and Marine; Kevin McAleenan, Acting vened at 4:30 p.m. Page H2103 Deputy Commissioner. Meeting Hour: Agreed that when the House ad- APPROPRIATIONS—DEPARTMENT OF journs today, it adjourn to meet at 10 a.m. tomor- HOUSING AND URBAN DEVELOPMENT row. Page H2105 FISCAL YEAR 2014 BUDGET REQUEST World War I Centennial Commission—Appoint- Committee on Appropriations: Subcommittee on Trans- ment: The Chair announced the Speaker’s appoint- portation, Housing, and Urban Development held a ment of the following individual on the part of the hearing on Department of Housing and Urban De- House to the World War I Centennial Commission: velopment Fiscal Year 2014 Budget Request. Testi- Colonel Thomas N. Moe, Retired, Lancaster, OH. mony was heard from Shaun Donovan, Secretary, De- Page H2105 partment of Housing and Urban Development. Quorum Calls—Votes: One yea-and-nay vote and APPROPRIATIONS—FEDERAL BUREAU OF three recorded votes developed during the pro- PRISONS ceedings of today and appear on pages H2087–88, Committee on Appropriations: Subcommittee on Com- H2103–04, H2104–05, and H2105. There were no merce, Justice, and Science and Related Agencies quorum calls. held a hearing on Federal Bureau of Prisons. Testi- Adjournment: The House met at 10 a.m. and ad- mony was heard from Charles E. Samuels, Jr., Direc- journed at 7:58 p.m. tor, Federal Bureau of Prisons. APPROPRIATIONS—DEPARTMENT OF Committee Meetings STATE FISCAL YEAR 2014 BUDGET APPROPRIATIONS—SUBCOMMITTEE ON Committee on Appropriations: Subcommittee on State INTERIOR, ENVIRONMENT, AND RELATED and Foreign Operations held a hearing on Depart- AGENCIES, PUBLIC AND OUTSIDE ment of State Fiscal Year 2014 Budget. Testimony WITNESS DAY was heard from John Kerry, Secretary, Department of State. Committee on Appropriations: Subcommittee on Inte- rior, Environment, and Related Agencies held a RECENT DEVELOPMENTS IN hearing for public and outside witnesses. Testimony AFGHANISTAN was heard from public and outside witnesses. Committee on Armed Services: Full Committee held a APPROPRIATIONS—USDA RESEARCH, hearing entitled ‘‘Recent Developments in Afghani- EDUCATION, AND ECONOMIC BUDGET stan’’. Testimony was heard from General Joseph Dunford, USMC, Commander, International Security Committee on Appropriations: Subcommittee on Agri- and Assistance Force and United States Forces-Af- culture, Rural Development, FDA, and Related ghanistan. Agencies held a hearing on USDA Research, Edu- cation, and Economic Budget. Testimony was heard FISCAL YEAR 2014 NAVY, MARINE CORPS, from the following Department of Agriculture offi- AND AIR FORCE COMBAT AVIATION cials: Catherine E. Woteki, Under Secretary, Re- PROGRAMS search Education and Economics; Edward B. Committee on Armed Services: Subcommittee on Tac- Knipling, Administrator, Agriculture Research Serv- tical Air and Land Forces held a hearing entitled ice; Sonny Ramaswamy, Director, National Institute ‘‘Fiscal Year 2014 Navy, Marine Corps and Air Force of Food and Agriculture; Mary Bohman, Adminis- Combat Aviation Programs’’. Testimony was heard trator, Economic Research Service; Cynthia Clark, from Lieutenant General Charles R. Davis, Military Administrator, National Agriculture Statistics Serv- Deputy, Office of the Assistant Secretary of the Air ice; and Michael Young, Budget Officer. Force for Acquisition; Lieutenant General Burt Field,

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST April 17, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D333 Deputy Chief of Staff, Operations, Plans and Re- was heard from John F. Kerry, Secretary, Depart- quirements, U.S. Air Force; Rear Admiral Bill ment of State. Moran, Director of the Air Warfare Division, U.S. STATE LANDS VS. FEDERAL LANDS OIL Navy; Lieutenant General Robert E. Schmidle, Dep- AND GAS PRODUCTION: WHAT STATE uty Commandant of the Marine Corps for Aviation, REGULATORS ARE DOING RIGHT U.S. Marine Corps; Vice Admiral W. Mark Skinner, Principal Military Deputy to the Assistant Secretary Committee on Natural Resources: Full Committee held of the Navy (Research, Development, and Acquisi- a hearing entitled ‘‘State Lands vs. Federal Lands Oil tion), U.S. Navy; and Michael J. Sullivan, Director and Gas Production: What State Regulators are of Acquisition and Sourcing, U.S. Government Ac- Doing Right’’. Testimony was heard from Greg Bell, countability Office. Lieutenant Governor, State of Utah; Richard J. Sim- mers, Chief of the Division of Oil and Gas Re- FISCAL YEAR 2014 NATIONAL DEFENSE sources, Ohio Department of Natural Resources; AUTHORIZATION BUDGET REQUEST FOR Jerry E. Patterson, Texas Land Commissioner, Texas U.S. SPECIAL OPERATIONS COMMAND AND General Land Office; and a public witness. U.S. SPECIAL OPERATIONS FORCES OPTIONS TO BRING THE POSTAL SERVICE Committee on Armed Services: Subcommittee on Intel- BACK FROM INSOLVENCY ligence, Emerging Threats and Capabilities held a hearing entitled ‘‘Fiscal Year 2014 National Defense Committee on Oversight and Government Reform: Full Authorization Budget Request for U.S. Special Oper- Committee held a hearing entitled ‘‘Options to ations Command and U.S. Special Operations Bring the Postal Service Back from Insolvency’’. Tes- Forces’’. Testimony was heard from Admiral Wil- timony was heard from Mickey Barnett, Chairman, liam McRaven, Commander, U.S. Special Operations Board of Governors, United States Postal Service; Command; and Michael Sheehan ASD Special Oper- Gene Dodaro, Comptroller General, U.S. Govern- ations and Low Intensity Conflict, Office of the Sec- ment Accountability Office; Patrick Donahoe, Post- retary of Defense. master General and CEO, United States Postal Serv- ice Panel; and a public witness. MISCELLANEOUS MEASURE CONTRACTING TO FEED U.S. TROOPS IN Committee on Education and the Workforce: Full Com- AFGHANISTAN: HOW DID THE DEFENSE mittee held a markup on H.R. 1406, the ‘‘Working DEPARTMENT END UP IN MULTI-BILLION Families Flexibility Act of 2013’’. The bill was or- DOLLAR BILLING DISPUTE? dered reported, as amended. Committee on Oversight and Government Reform: Sub- MISCELLANEOUS MEASURES committee on National Security held a hearing enti- Committee on Energy and Commerce: Full Committee tled ‘‘Contracting to Feed U.S. Troops in Afghani- held a markup on H.R. 1549, the ‘‘Helping Sick stan: How did the Defense Department end up in Americans Now Act’’; H.R. 1580, to affirm the pol- Multi-Billion Dollar Billing Dispute?’’. Testimony icy of the United States regarding Internet govern- was heard from Daniel Blair, Deputy Inspector Gen- ance; and H.R. 3, the ‘‘Northern Route Approval eral for Auditing, Department of Defense; and pub- Act’’. The following bills were ordered reported, lic witnesses. without amendment: H.R. 3 and H.R. 1580. The REVIEW OF PRESIDENT’S FY 2014 BUDGET bill H.R. 1549 was ordered reported, as amended. REQUEST FOR SCIENCE AGENCIES EXAMINING THE SEC’S FAILURE TO Committee on Science, Space, and Technology: Full Com- IMPLEMENT THE JOBS ACT AND ITS mittee held a hearing entitled ‘‘A Review of Presi- IMPACT ON ECONOMIC GROWTH dent’s FY 2014 Budget Request for Science Agen- Committee on Financial Services: Subcommittee on cies’’. Testimony was heard from John Holdren, Di- Oversight and Investigations held a hearing entitled rector, Office of Science and Technology Policy, Ex- ‘‘Examining the SEC’s Failure to Implement the ecutive Office of the President. JOBS Act and its Impact on Economic Growth’’. OVERVIEW OF THE NATIONAL SCIENCE Testimony was heard from Elisse B. Walter, Com- FOUNDATION BUDGET FOR FISCAL YEAR missioner, U.S. Securities and Exchange Commission. 2014 FY 2014 FOREIGN AFFAIRS BUDGET Committee on Science, Space, and Technology: Sub- Committee on Foreign Affairs: Full Committee held a committee on Research held a hearing entitled ‘‘An hearing entitled ‘‘Securing U.S. Interests Abroad: Overview of the National Science Foundation Budget The FY 2014 Foreign Affairs Budget’’. Testimony for Fiscal Year 2014’’. Testimony was heard from

VerDate Mar 15 2010 04:55 Apr 18, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17AP3.REC D17APPT1 tjames on DSK6SPTVN1PROD with DIGEST D334 CONGRESSIONAL RECORD — DAILY DIGEST April 17, 2013 Cora Marrett, Acting Director, National Science Subcommittee on Emerging Threats and Capabilities, Foundation; and Dan Arvizu, Chairman, National to hold hearings to examine the role of the Department Science Board. of Defense science and technology enterprise for innovation and affordability in review of the Defense Authoriza- THE HEALTH CARE LAW: tion Request for fiscal year 2014 and the Future Years IMPLEMENTATION AND SMALL Defense Program, 2:30 p.m., SR–232A. BUSINESSES Subcommittee on Readiness and Management Support, to hold hearings to examine the current readiness of U.S. Committee on Small Business: Full Committee held a forces in review of the Defense Authorization Request for hearing entitled ‘‘The Health Care Law: Implemen- fiscal year 2014 and the Future Years Defense Program, tation and Small Businesses’’. Testimony was heard 2:30 p.m., SR–222. from public witnesses. Committee on Banking, Housing, and Urban Affairs: to hold an oversight hearing to examine the Federal Hous- GAO REVIEW: JUSTIFYING ADDITIONAL ing Finance Agency (FHFA), focusing on evaluating FEDERAL COURTHOUSES FHFA as regulator and conservator, 10 a.m., SD–538. Committee on Transportation and Infrastructure: Full Committee on Energy and Natural Resources: business Committee held a hearing entitled ‘‘GAO Review: meeting to consider the nomination of Ernest J. Moniz, Are Additional Federal Courthouses Justified?’’. Tes- of Massachusetts, to be Secretary of Energy, 9:45 a.m., timony was heard from Mark L. Goldstein, Director, SD–366. Physical Infrastructure, Government Accountability Full Committee, to hold hearings to examine the Presi- Office; Michael A. Ponsor, Judge, United States Dis- dent’s proposed budget request for fiscal year 2014 for the Department of Energy, 10 a.m., SD–366. trict Court; Chairman, Committee on Space and Fa- Committee on Environment and Public Works: business cilities, Judicial Conference of the United States; and meeting to consider proposed resolutions relating to the Dorothy Robyn, Commissioner, Public Buildings General Services Administration, Time to be announced, Service, General Services Administration. Room to be announced. Committee on Foreign Relations: to hold hearings to examine national security and foreign policy priorities in the Joint Meetings fiscal year 2014 International Affairs budget, 9:30 a.m., No joint committee meetings were held. SD–419. f Committee on Health, Education, Labor, and Pensions: to hold hearings to examine the nomination of Thomas Ed- COMMITTEE MEETINGS FOR THURSDAY, ward Perez, of Maryland, to be Secretary of Labor, 10 APRIL 18, 2013 a.m., SD–430. Committee on the Judiciary: business meeting to consider (Committee meetings are open unless otherwise indicated) the nominations of Gregory Alan Phillips, of Wyoming, Senate to be United States Circuit Judge for the Tenth Circuit, Karol Virginia Mason, of Georgia, to be an Assistant At- Committee on Appropriations: Subcommittee on Transpor- torney General, Department of Justice, and S. 607, to im- tation and Housing and Urban Development, and Related prove the provisions relating to the privacy of electronic Agencies, to hold hearings to examine proposed budget communications, 10 a.m., SD–226. estimates for fiscal year 2014 for the Federal Aviation Select Committee on Intelligence: to hold closed hearings to Administration, 10 a.m., SD–138. examine certain intelligence matters, 2:30 p.m., SH–219. Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, to House hold hearings to examine proposed budget estimates for fiscal year 2014 for the Food and Drug Administration, Committee on Appropriations, Subcommittee on Interior, 10:30 a.m., SD–124. Environment, and Related Agencies, hearing on the U.S. Subcommittee on Military Construction and Veterans Fish and Wildlife Service, 9:30 a.m., B–308 Rayburn. Affairs, and Related Agencies, to hold hearings to exam- Subcommittee on Agriculture, Rural Development, ine proposed budget estimates for fiscal year 2014 for the FDA and Related Agencies, hearing on USDA Marketing Department of Veterans Affairs, 2 p.m., SD–124. and Regulatory Programs, 10 a.m., 2362–A Rayburn. Subcommittee on State, Foreign Operations, and Re- Subcommittee on Defense, hearing on Central Com- lated Programs, to hold hearings to examine proposed mand/International Security Assistance Force, 10 a.m., budget estimates for fiscal year 2014 for the Department H–140 Capitol. of State and Foreign Operations, 2:15 p.m., SD–192. Subcommittee on Military Construction and Veterans Committee on Armed Services: to hold hearings to examine Affairs, hearing on Department of Veterans Affairs Budg- the current and future worldwide threats to the national et, 10:30 a.m., 2359 Rayburn. security of the United States; with the possibility of a Subcommittee on Commerce, Justice, and Science, and closed session in SVC–217 following the open session, 10 Related Agencies, hearing on Department of Justice a.m., SD–106. Budget Request, 2 p.m., 2359 Rayburn.

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Committee on Energy and Commerce, Subcommittee on ment Act’’; H.R. 696, the ‘‘Lyon County Economic De- Health, hearing entitled ‘‘A Financial Review of the De- velopment and Conservation Act’’; H.R. 934, to amend partment of Health and Human Services and Its FY 2014 the Wild and Scenic Rivers Act related to a segment of Budget’’, 10 a.m., 2123 Rayburn. the Lower Merced River in California, and for other pur- Subcommittee on Commerce, Manufacturing, and poses; and H.R. 993, the ‘‘Fruit Heights Land Convey- Trade, hearing on discussion draft of the ‘‘Global Invest- ance Act’’, 10 a.m., 1334 Longworth. ment in American Jobs Act of 2013’’, 9:30 a.m., 2322 Committee on Oversight and Government Reform, Sub- Rayburn. committee on National Security, hearing entitled ‘‘Se- Committee on Foreign Affairs, Subcommittee on Africa, questration Oversight: Prioritizing Security over Admin- Global Health, Global Human Rights, and International istrative Costs at TSA’’, 10 a.m., 2154 Rayburn. Organizations, hearing entitled ‘‘Tier Rankings in the Committee on Science, Space, and Technology, Subcommittee Fight Against Human Trafficking’’, 1 p.m., 2172 Ray- burn. on Technology, hearing entitled ‘‘An Overview of the Fis- Committee on Homeland Security, Full Committee, hearing cal Year 2014 Budget Proposal at the National Institute entitled ‘‘The President’s FY 2014 Budget Request for of Standards and Technology’’, 10 a.m., 2318 Rayburn. the Department of Homeland Security’’, 9 a.m., 311 Can- Committee on Small Business, Subcommittee on Economic non. Growth, Tax and Capital Access, hearing entitled ‘‘Inno- Committee on the Judiciary, Subcommittee on Constitu- vation as a Catalyst for New Jobs’’, 10 a.m., 2360 Ray- tion and Civil Justice, hearing on the ‘‘Private Property burn. Rights Protection Act’’, 10 a.m., 2141 Rayburn. Committee on Ways and Means, Subcommittee on Social Committee on Natural Resources, Subcommittee on Fish- Security, hearing on the President’s and Other Bipartisan eries, Wildlife, Oceans and Insular Affairs, hearing enti- Entitlement Reform Proposals, 9:30 a.m., B–318 Ray- tled ‘‘Spending for the National Oceanic and Atmospheric burn. Administration, the Council on Environmental Quality, the Office of Insular Affairs, the U.S. Fish and Wildlife Joint Meetings Service, and the President’s Fiscal Year 2014 Budget Re- Joint Economic Committee: to hold hearings to examine quest for these Agencies’’, 10 a.m., 1324 Longworth. the Federal Reserve System at 100, focusing on monetary Subcommittee on Public Lands and Environmental policy, 9:30 a.m., SH–216. Regulation, hearing on H.R. 657, the ‘‘Grazing Improve-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 18 10 a.m., Thursday, April 18

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of S. 649, Safe Communities, Safe Schools Act, with 624—Cyber Intelligence Sharing and Protection Act. votes on or in relation to Barrasso Amendment No. 717 and Harkin Amendment No. 730 at approximately 12 p.m. At 2 p.m., Senate will begin consideration of the nominations of Analisa Torres, of New York, to be United States District Judge for the Southern District of New York, and Derrick Kahala Watson, of Hawaii, to be United States District Judge for the District of Hawaii, with votes on confirmation of the nominations at approximately 2:15 p.m. (Senate will recess following the vote on or in relation to Harkin Amendment No. 730 until 2:00 p.m. for their respec- tive party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Tenn., E479 Nugent, Richard B., Fla., E479 Fincher, Stephen Lee, Tenn., E481, E482 Poe, Ted, Tex., E479 Bachmann, Michele, Minn., E484 Foxx, Virginia, N.C., E477 Renacci, James B., Ohio, E483 Beniskey, Dan, Mich., E479 Hensarling, Jeb, Tex., E477 Schiff, Adam B., Calif., E477, E477, E478, E479, E480, ´ Bishop, Sanford D., Jr., Ga., E480 Hinojosa, Ruben, Tex., E484 E481, E482 Bordallo, Madeleine Z., Guam, E478 Lowenthal, Alan S., Calif., E480 Scott, Robert C. ‘‘Bobby’’, Va., E484 Bucshon, Larry, Ind., E482 McCollum, Betty, Minn., E478 Courtney, Joe, Conn., E477 Marchant, Kenny, Tex., E482 Smith, Christopher H., N.J., E483 Cuellar, Henry, Tex., E483 Messer, Luke, Ind., E482 Thornberry, Mac, Tex., E481 Davis, Rodney, Ill., E481 Miller, Jeff, Fla., E485 Welch, Peter, Vt., E481 Duffy, Sean P., Wisc., E485 Norton, Eleanor Holmes, D.C., E478, E485

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