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

Vol. 159 WASHINGTON, WEDNESDAY, JUNE 26, 2013 No. 93 House of Representatives The House met at 10 a.m. and was receive the Nobel Prize and Pulitzer To say this championship winning called to order by the Speaker pro tem- Prize for literature. A prolific writer, game was a nail-biter would be an un- pore (Mr. RIBBLE). she also advocated on behalf of wom- derstatement. The Blackhawks came f en’s rights and minority groups, while from behind twice to overcome an her efforts for her care and adoption of amazing effort by the , DESIGNATION OF SPEAKER PRO Asian and mixed-race children are leg- scoring two goals just 17 seconds apart TEMPORE endary. Pearl Buck will be remembered in the final minute and a half of the The SPEAKER pro tempore laid be- for her achievements as well as for her game. Unbelievable goals scored by fore the House the following commu- writing. and Dave Bolland en- nication from the Speaker: And we acknowledge the renovation sured their names will be inscribed for- ever in Blackhawk history books as WASHINGTON, DC, recently of her 19th century farmhouse June 26, 2013. in Bucks County, notably a national well as on Lord Stanley’s Cup. I hereby appoint the Honorable REID J. historic landmark that will be sus- With outstanding efforts by Captain RIBBLE to act as Speaker pro tempore on this tained for new generations to learn and Jonathan Toews; Conn Smythe winner, day. emulate Pearl Buck’s love for the Buffalo native, Patrick Kane; the best JOHN A. BOEHNER, struggling, the misunderstood, and the defenseman in hockey, Duncan Keith; Speaker of the House of Representatives. children. and, of course, the best goalie in the f We honor her life and we treasure her playoffs, Corey Crawford, the entire memory. team made good on a promise that this MORNING-HOUR DEBATE Original Six team is a true legend to be f The SPEAKER pro tempore. Pursu- reckoned with. ant to the order of the House of Janu- HONORING THE CHICAGO As I have mentioned before, hockey ary 3, 2013, the Chair will now recog- BLACKHAWKS never left Chicago, but Rocky Wirtz nize Members from lists submitted by The SPEAKER pro tempore. The brought it back. The owner of the the majority and minority leaders for Chair recognizes the gentleman from Blackhawks has once again made our city proud. morning-hour debate. Illinois (Mr. QUIGLEY) for 5 minutes. The entire organization is the The Chair will alternate recognition Mr. QUIGLEY. Mr. Speaker, after 23 classiest in sports, the model in hock- between the parties, with each party NHL Playoff games, 10 overtimes, and ey. Led by John McDonough, Jay limited to 1 hour and each Member 64 goals, the have other than the majority and minority Blunk, Stan Bowman, and Coach Joel won their second in the Quenneville, they have enshrined Chi- leaders and the minority whip limited last 4 years. Congratulations to the to 5 minutes each, but in no event shall cago as a hockey town for the 21st cen- greatest team in hockey on being the tury. debate continue beyond 11:50 a.m. 2013 Stanley Cup Champions. But the Blackhawks don’t just unify f The impressive regular season began our city, they also are committed to with a record-breaking streak of 24 serving the community and making it ACKNOWLEDGING THE LIFE OF straight games with a point earned, PEARL S. BUCK better. Their StreetHawks program has and it ended with a Presidents’ Trophy worked to promote fitness and leader- The SPEAKER pro tempore. The for the most points in a regular season. ship skills to local youth through Chair recognizes the gentleman from This success set the stage for an out- street hockey initiatives and commu- Pennsylvania (Mr. FITZPATRICK) for 5 standing playoff run, a promise of nity skating facilities. minutes. things to come. The Hawks made good Through the NHL’s Hockey is for Ev- Mr. FITZPATRICK. This morning, on that promise this week in one of the eryone program, I’ve had the pleasure Mr. Speaker, I rise to acknowledge the most incredible and improbable Stan- of working with the Hawks to expand memory and the life of Pearl S. Buck, ley Cup Final games in NHL history. hockey access to at-risk and LGBT an author, humanitarian, and political Having already tamed the Minnesota youth; because no matter what your activist who made her home in Wild, taken down our archrival, the background, every child should have Hilltown, Bucks County on Green Hills , and dethroned the the opportunity to play the greatest Farm, where she wrote 100 books. Los Angeles Kings, the Blackhawks sport in the world. During this week, the anniversary of grinded through the finals to one of the The Blackhawks have also been her 121st birthday, we note that Pearl craziest and most exciting Stanley Cup strong supporters of America’s vet- Buck is the first American woman to wins ever witnessed. erans and wounded warriors. Just this

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 02:55 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JN7.000 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4042 CONGRESSIONAL RECORD — HOUSE June 26, 2013 year, I joined the Hawks and the USA Moreover, this disastrous climate that middle class families can afford Warriors veterans team for an outdoor change plan is a plan for America’s college and that college is accessible. I hockey game at Soldier Field. The economic and security decline. This do not understand an economic strat- Hawks gave these vets—most of whom plan would only lead to higher electric egy that says that you make it harder are Purple Heart recipients—a once-in- bills and increased dependence on for- and more expensive for the middle a-lifetime experience they will never eign enemy sources. And to think class to go to college; nor do I under- forget. someone has the audacity to say, ‘‘We stand an argument that we cannot af- And I suppose this is what the Hawks need a war on coal.’’ Well, what we ford to keep the interest rate low, but do best, provide their fans—fans in Chi- need is a war on that line of thinking. we can spend $40 billion subsidizing the cago and around the world—with This administration’s stringent rules five richest oil companies in America memories they will never forget. I look and absurd mandates are simply meant who do not need those subsidies. forward to the new memories yet to be to force coal-fired power plants to stop The middle class deserves those sub- made during future Stanley Cup vic- burning coal or shutter the facilities sidies. Middle class students trying to tories, games with Blackhawk players altogether. I call it strangulation by get into college deserve subsidies. But who are just kids right now with the regulation. to say that they cannot have those sub- memory of shots heard around the sidies and that we’re going to double hockey world ringing through their b 1010 the interest rate on them while pre- heads. Mr. Speaker, more than 200 coal serving a $40 billion subsidy to the Mr. Speaker, hockey is a special plants have already closed across 25 richest oil companies on Earth is not sport that brings people together, im- States, and now seven new EPA regula- only bad policy; it’s ruinous economic proves our communities, and, most im- tions are on track to do even more strategy. portantly, makes people dream the im- damage. I’m losing one of the biggest Mr. Speaker, I do not know why any- possible and do the improbable. The en- employers in Lawrence County to this body in this body would want to make tire world saw that this week thanks to onslaught—1,200 good-paying jobs. it harder and more difficult for stu- the 2013 Stanley Cup Champion Chi- In total, the closure of mines, shut- dents to go to college at a time when cago Blackhawks. tering of power plants, and resulting we are competing with China and Go Hawks. And as always, my kind of hikes in electric rates are expected to South Korea and other countries town, Chicago is. cost the U.S. economy some 887,000 jobs around the world to continue our f per year. Please tell me how this is in strength and power over the next sev- OBAMA’S WAR ON COAL our national interest, how this is lead- eral decades. The SPEAKER pro tempore. The ing America forward. In 2008, the Presi- It is essential that we find a com- Chair recognizes the gentleman from dent promised to bankrupt the coal- promise, Mr. Speaker. There is an un- Kentucky (Mr. ROGERS) for 5 minutes. fields. And yesterday, he took a giant quenchable thirst by Americans for Mr. ROGERS of Kentucky. Mr. step toward that reckless, shameful compromise in this body. I, for one, as Speaker, American coal families are . well as members of the House Demo- under attack, not from a foreign power f cratic Caucus, am ready, willing, and or a natural disaster, but by an admin- able to compromise over the next 5 istration that has resolutely, per- STUDENT LOAN INTEREST RATES days. We just need somebody to com- versely, and now overtly proposed to The SPEAKER pro tempore. The promise with. We need a compromise end coal mining and coal-fired power Chair recognizes the gentleman from that is fair to the middle class, puts generation in these United States. New York (Mr. ISRAEL) for 5 minutes. middle class families first, puts college President Obama’s calamitous cli- Mr. ISRAEL. Mr. Speaker, in 5 days, students first, puts college afford- mate change plan announced yesterday the student loan interest rate will dou- ability first, and puts partisan politics is the latest job-killing bomb to be ble. It will go from 3.4 percent to 6.8 aside. dropped on Kentucky, West Virginia, percent. That is a $4,500 increase for f Illinois, and dozens of coal States al- many college students. At a time when SECURING THE BORDER ready knocked down after 4 years of they’re struggling to make ends meet, administration policies. This adminis- struggling to pay their tuition and The SPEAKER pro tempore. The tration has used code words like their housing expenses to prepare to Chair recognizes the gentleman from ‘‘streamlining’’ and ‘‘permit reviews’’ join the workforce and build careers Utah (Mr. BISHOP) for 5 minutes. Mr. BISHOP of Utah. Mr. Speaker, a to shell our communities with regula- and at a time when they’re struggling great deal has been said about the bor- tions and red tape that even the most to pay their debts, we’re going to in- der surge over in the Senate. In typical sophisticated businesses can’t adhere crease their debt. Senate-think, they have seen a prob- to. I want to commend to my colleagues lem and decided to throw money at the Now the White House is dismantling a report that just came out from the problem, even if a lack of funding is our strategic energy advantage and Joint Economic Committee staff that not the problem they are facing. unilaterally disarming our economy in talks about how student loan debt has This map divides the country up into broad daylight. I quote White House skyrocketed over the past several the Border Patrol sectors. The numbers climate adviser Daniel Schrag straight years. Here’s how the study concludes: out of the White House: ‘‘A war on coal are from 2010. The numbers are dif- The increasing debt burden presents chal- ferent today but, obviously, the ratios is exactly what’s needed.’’ lenges for recent graduates just beginning Mr. Speaker, a war on coal is exactly their careers and poses a potential risk to are about the same. In this year, one what is not needed. A war on coal is a the economy, since individuals who shoulder has to ask the question of why were 56 war on middle class Americans. It’s a heavier debt balances may delay purchasing illegal entries apprehended in the main war on jobs, all kinds of jobs. It’s al- a home, buying a car, starting a family, and sector and 200,000 apprehended in the ready claimed 5,700 direct Kentucky saving for retirement. On average, recent Arizona sector. What was the dif- jobs in just a year and a half, the vast graduates left college with student loan debt ference between those two? majority of those in my economically of 60 percent of their annual income. If you were trying to sneak into a challenged district. Mr. Speaker, 60 percent of their an- baseball game, something I’m not ad- There is no recovery in Inez or high- nual income will be spent paying back vocating, but if you were trying to do tech boom in Harlan, Mr. President. their debts from college. And if we that, you don’t jump over the turnstile My families are struggling to get back don’t compromise, it’s going to be even where a cop is standing. You go around to work, pay their bills, or find salaries more than that. the corner and find the hole in the comparable to coal mining. And my I’ve always believed, and I know fence so no one will actually see what communities are losing their main em- many of my colleagues have always be- you are doing. The drug cartels are not ployers. This climate plan makes the lieved, that you build an economy by stupid. They are looking for that hole situation worse, dimming the prospects building the middle class. And you ex- in the fence. Obviously, this sector is of reopening the mines even further. pand the middle class by making sure where the majority of the illegals and

VerDate Mar 15 2010 23:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.002 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4043 the illegal drugs and the illegal human that the manner in which the Home- on one of our borders? Of course not. trafficking and potential terrorism ex- land Security Secretary shall make And yet, climate change presents a ists. these decisions must be in the manner threat that’s just as dangerous. So the question has to be: Why is that best protects the natural and cul- So what will it take for this Nation that the entrance level of choice? It’s tural resources on Federal land. to greatly reduce carbon we are adding actually very simple. Everything that I’m sorry, but as soon as they put to the atmosphere and begin the proc- is red is land that’s owned by the Fed- that language in there, it requires ess of preparing for the changes that eral Government on this map. In Ari- some bureaucrat to establish what the are coming? Will it take a global zona, 80 percent of the border is owned standard is, and it opens it up to some- weather catastrophe? Will it take sev- by the Federal Government. Over half one else initiating litigation that that eral more Hurricane Sandy’s? How of that is in the ‘‘Wilderness’’ category, is not the best standard possible. In es- many years of drought will the Mid- ‘‘Endangered Species,’’ or ‘‘Conserva- sence, we’re back in a worse situation. west be forced to endure? tion Habitat’’ category, where, by spe- They wish to have another 25,000 Bor- With global warming, the signs of cial law, the legislation provides this der Patrol agents. This is what our change are overwhelming. We cannot land a special status which prohibits fence looks like in Arizona today. This wait for a global catastrophe that will the Border Patrol from entering that is a fence, this is Mexico, that’s Ari- impose massive suffering enough to area. They can’t enter in a motorized zona, and the open area is the animal overcome our civil institutions. Our vehicle. They can’t even pedal a bicy- habitat to allow animals to go back national security depends on us taking cle. They can go into that area on foot, and forth from Mexico and Arizona. action now. on specially fed horses, and that is it. The one road on here is the only road The good news is that if we do take The drug cartels recognize this. in which the Border Patrol is allowed action now, the cost is affordable and They’re not stupid. And they realize to go. You can have another 100,000 the benefits are significant. Even if cli- that this is the problem. agents in that area, and you’ll simply mate change were not a threat, reduc- When this Congress insisted a fence find out that it won’t help unless you ing our consumption of fossil fuels will be built along the California border, we let them go outside of that one road. make the environment cleaner and en- passed legislation that waived 40 envi- We don’t need money. What we need ergy costs less volatile. Increasing en- ronmental laws that were prohibiting is access. What the Senate is proposing ergy efficiency will greatly reduce fam- the fence from being built. Those same is actually worse than the status quo. ily utility bills while making our 40 laws are the laws that prohibit the f homes more comfortable. Using renew- Border Patrol from going along the red b 1020 able energy creates stable jobs. On the areas of that border and doing their other hand, if we wait until a global or job, which simply means, as ironic as it CLIMATE CHANGE regional climate catastrophe forces sounds, Federal law is stopping the The SPEAKER pro tempore. The desperate action, the consequences will Federal Border Patrol from going on Chair recognizes the gentleman from be expensive and possibly deadly. Federal land to do a Federal purpose, California (Mr. MCNERNEY) for 5 min- Those who reject science and deny which is federally stupid. But this is, utes. human-caused climate change are fos- indeed, what we’re doing. Mr. MCNERNEY. Mr. Speaker, the tering a dangerous threat to our Na- The Border Patrol actually cares impacts of climate change can no tion’s future and to future generations about the environment. Drug cartels longer be denied—superstorm hurri- of all Americans. I hope that those who don’t at all. This cacti, cut down by canes, massive tornados, record-break- deny the effects of climate change see the drug cartel, is an endangered spe- ing droughts and heat spells, accel- the danger that they are subjecting our cies. It was cut down there to stop erating melting of glaciers, and in- Nation to, or that the voters elect rep- east-west access on the only road that creasing ocean salinity. Due to the ef- resentatives who will take the respon- allows the Border Patrol to follow in fects of climate change, many highly sible actions necessary to address the that particular area. populated communities at low ele- imminent threat of climate change. This truck is a temporary sensor de- vation face increasing pressure from vice in a wilderness area. The Border storms and rising waters, potentially f Patrol wanted to move it from point A driving massive migrations to higher WILDFIRE RESOLUTION to point B. It took them 6 months to ground. If we continue on this path, ex- get approval by the land manager in tensive and severe droughts will hurt The SPEAKER pro tempore. The that area before they could back the food production and fresh water sup- Chair recognizes the gentleman from truck up and move the truck over to plies in the United States. Similar oc- Colorado (Mr. TIPTON) for 5 minutes. another stop because the land manager currences around the world will cer- Mr. TIPTON. Mr. Speaker, the West was not happy with the Border Patrol tainly be destabilizing and potentially Fork Complex Fire—acreage burning being in his Wilderness territory. And draw the United States into dangerous now in Colorado—is more than 141 the law was on the side of the land conflicts. square miles and counting. The East manager, not on the side of the Border Most climate change models predict Peak Fire—over 13,000 acres and count- Patrol. increasing severity of these and other ing. These are just two of the fires that The Senate has tried to say that effects. However, the reality is that are burning in my district now, and it they’re coming up with a compromise most computer models are being out- is still early summer. Tens of thou- solution to increase border security. In paced as the carbon buildup and energy sands of acres of forests are already actuality, they have done just the op- trapped in the atmosphere accelerates. gone and entire communities are being posite. They have put language in Despite these developments, there is threatened. there that says that the Homeland Se- an increasing partisan divide on the Brave men and women are working curity Secretary can, notwithstanding issue of climate change. Many of my around-the-clock to be able to stop this any other law, require certain elements Republican colleagues are either in devastation. They are truly incredible, to be built in this particular area. But complete denial that global warming is and I want to thank all of them for all that allows the Secretary of Homeland happening, don’t believe human activ- they are doing to be able to protect Security to have the political discre- ity is causing the problem, or think property, save lives, and to be able to tion of whether to do it or not. It al- that it would be too expensive to take contain these wildfires. lows the Secretary of Homeland Secu- the necessary steps to mitigate and Just like the wildfires that have rav- rity to have immediate access into adapt to global warming. This gross aged our State over the last decade, these border areas, but only in Arizona. partisan behavior in denial of science these fires have destroyed property and If they go anywhere else along this bor- is becoming a clear and present threat are doing irreversible damage to the der, they have to have the written ap- to our national security and well- environment—to the fragile ecologies proval of the Secretary of the Interior being. and watersheds on which we rely. as well as the Secretary of Agriculture. Would we sit by if a foreign power The incident commanders in charge And most importantly, it says in there built up a threatening military force of the suppression efforts on the West

VerDate Mar 15 2010 23:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.005 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4044 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Fork Fire—the Nation’s highest pri- A healthy forest policy must include pre- difference in the eyes of a thoughtful, ority—told me this week that the be- scribed thinning; successful employer. havior of the fire is unprecedented. Be- Funding to fight and prevent wildfires is It was exciting for me to watch and cause of all of the beetle-killed timber, essential to public safety, environmental to participate in this year’s Pride Pa- protection, and economic growth; rade in Portland, to note the leadership unnaturally dense forest, and dry con- People who live in or near our national for- ditions, the fire has acted in a way that ests have a right to expect the greatest pos- of virtually every institution in our defies computer models and has been sible protection for their homes and prop- community—businesses like Nike and incredibly devastating. erties; Standard Insurance, Northwest Nat- The most tragic part of all of this is The government should not continue to ac- ural, grocery stores, colleges, hospitals the occurrence of these forest fires quire more land when the hundreds of mil- and health professionals, universities, could be reduced, if not outright pre- lions of acres already controlled by the gov- and churches—all marching proudly in vented, with commonsense healthy for- ernment are mismanaged; and a show of solidarity, a rejection of dis- est management. The Forest Service should proactively crimination, support for diversity in manage Federal forest lands in a manner the workplace for our friends, neigh- With this in mind, I have put forward that protects life and property, prevents cat- the following resolution: astrophic wildfire, promotes forest and wa- bors and relatives. Expressing the sense of the House of Rep- tershed health, and creates jobs and eco- Today’s Supreme Court decision resentatives that allocating the appropriate nomic development in the forest products in- marks the most significant milestone resources to wildland fire management is dustry. yet in this struggle. By striking down needed to protect the environment, the econ- DOMA, the Supreme Court has cast omy and the people of the United States, and I invite all of my colleagues on both sides of the aisle to join me in standing aside a major barrier to our GLBT for other purposes. friends, neighbors and relatives to be Whereas, the thoughts and prayers of the with the people of Colorado, standing Members of the House of Representatives go with all in the West who have been im- able to live complete lives—to be able out to the individuals and families who have pacted by catastrophic wildfire. Join to avoid discrimination, the stigma, lost loved ones and their homes to wildlife; me in thanking the firefighters who are the economic disadvantage. It’s a sig- Whereas, the Members of the House of Rep- risking their lives to protect others. nal that this will be the final chapter resentatives express the utmost gratitude to Join me in the action to prevent future for a society that recognizes the worth wildland firefighters and first responders of all human beings, acknowledges the devastation and restore our forests to who bravely protect life and property; right of all human beings to live as health. Whereas, nearly 10 million acres of land they wish, love who they will and be burned in the United States in 2012; f Whereas, the acreage burned by wildfires able to enjoy the multiple benefits that has steadily increased over the past decade; b 1030 come from being involved in com- Whereas, the most destructive fire in the mitted relationships and legal mar- history of the State of Colorado and the larg- EQUAL JUSTICE UNDER THE LAW riages. est fire in the history of the State of New The SPEAKER pro tempore. The It’s not just a milestone for our Mexico destroyed hundreds of homes and Chair recognizes the gentleman from brothers and sisters in the GLBT com- hundreds of thousands of acres of wildlife munity. It’s a significant benefit for all habitat in 2012; Oregon (Mr. BLUMENAUER) for 5 min- Whereas, Federal forest and land manage- utes. society. If one truly believes that mar- ment officials continue to request fewer Mr. BLUMENAUER. Minutes ago, a riage is one of the cornerstones that we funds to fight wildfires; 5–4 decision, written by Justice Ken- encourage for committed relationships, Whereas, the funding available for nedy, ruled that DOMA is a violation of for people to be able to raise their fam- wildland fire suppression in the Wildland the Equal Protection Clause. Today’s ilies, look after one another in a stable, Fire Management Account of the Forest decision is a monumental step forward committed relationship, why shouldn’t Service was cut by $461 million from fiscal they be able to marry? Why should the year 2011 to fiscal year 2013; in the long march towards GLBT Whereas, the Wildland Fire Hazardous equality. Federal Government refuse to recog- Fuels Reduction Account of the Forest Serv- Forty years ago, I chaired a com- nize that and discriminate? Some of ice was cut by $22 million from fiscal year mittee hearing in the Oregon legisla- the most traditional elements of our 2011 to fiscal year 2013, and the latest budget ture on discrimination based on sexual society who are dragging their feet request asks for another $116 million de- orientation. It was an eye-opening ex- should be in the forefront in helping crease; perience for me. It was the first time lead this charge. Whereas, the Collaborative Forest Restora- Now, we must be vigilant. There are tion Program, a program that benefits local someone ever acknowledged to me their sexual orientation, let alone the still pockets of resistance, hostility, economies and improves the overall health bigotry, and discrimination. There are of the landscape, has taken a 20 percent cut discrimination they faced living a life State laws that need to be adjusted, in funding over the past 2 years; of repression and fear. In the course of but it will no longer be sanctioned by Whereas, senior Forest Service officials those 40 years, it has been a privilege Federal policy, and that is the critical have described a Federal land management to have been able to help fight to ban system hamstrung by ‘‘analysis paralysis;’’ difference. Once it is no longer legal to discrimination based on sexual orienta- Whereas, decades of Federal mismanage- discriminate, we are truly in the home- tion. ment have increased fuel loads on Federal stretch for the type of society we want. forest land and led to increased risk of cata- We have watched a political move- This critical step was a narrow 5–4 strophic wildlife; ment emerge from the ashes of defeat, decision, but it was a victory nonethe- Whereas, the U.S. Forest Service has re- on discriminatory ballot measures placed responsible, environmentally sound less. The path forward is a little more across the country. It’s exciting to see clear, and it’s going to be a little easi- timber thinning with allowing forests to how this movement has been led at burn through overcrowded forests; er. But before we start this next chap- Whereas, the bark beetle epidemic has de- first by the people in the GLBT com- ter, it’s fitting that we celebrate this stroyed 40 million acres of forest in North munity, who refused to accept defeat, moment—the accomplishment of what America; and who, despite significant personal sac- it represents and what it will mean for Whereas, academic studies indicate that rifice, have stepped forward to declare America. bark beetle-infected trees can still be who they are, who they love, what they That temple of justice that is the Su- salvaged for timber to be used in mills and want, and why they want it. preme Court looks a little different contribute to small businesses and local It has been encouraging to watch economies. this morning, and I hope Americans Now, therefore, be it business leaders step forward, no will appreciate it and think about Resolved, that it is the sense of the House longer just the more progressive ele- where we go from here. of Representatives that— ments of the business community. f Allocating the appropriate resources to Lately, it has become mainstream to wildland fire management is needed to pro- acknowledge that diversity in the RECESS tect the environment, the economy, and the workforce demands a nondiscrimina- The SPEAKER pro tempore. Pursu- people of the United States; The bravery of the men and women who tion policy—that regardless of a per- ant to clause 12(a) of rule I, the Chair risk their lives to extinguish these con- son’s sexual orientation and to whom declares the House in recess until noon flagrations can never be questioned; they choose to commit, it makes no today.

VerDate Mar 15 2010 23:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.007 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4045 Accordingly (at 10 o’clock and 34 the word of God has never been con- Mr. DEFAZIO. Almost 17 years to the minutes a.m.), the House stood in re- fined to the walls of any church build- day—that’s a long time—the House of cess. ing. Representatives passed the so-called f Mike Rucker, known to many as the Defense of Marriage Act. At that time, ‘‘Flying Preacher,’’ has been combining I went to the floor and voted with a b 1200 his love of auto racing and the min- small minority against this legislation. AFTER RECESS istry since 1985 when he and his wife of I said it was unnecessary, discrimina- 40 years, Sherrie, began Rucker Racing tory, and unconstitutional. The recess having expired, the House Ministries. Since then, they have trav- It took 17 years to work through the was called to order by the Speaker at eled to racetracks across the United system and to finally get the Supreme noon. States, spreading the good word while Court to act and to decide that, indeed, f he races and while Sherrie often sings the Defense of Marriage Act, so-called, PRAYER the national anthem. is unconstitutional and is a deprivation Pastor Rucker also serves as the of the equal liberty of persons it has Reverend Michael Rucker, Bible Bap- chaplain for the Wichita County Sher- protected in the Fifth Amendment: tist Church, Wichita Falls, , of- iff’s Office and for the Wichita Falls ‘‘The Federal statute is invalid, for fered the following prayer: Police Department and is a regular on no legitimate purpose overcomes the Dear Heavenly Father, we come into Joe Tom White’s ‘‘Rise ’n Shine’’ radio purpose and effect to disparage and in- Your presence and thank You for all show. In short, he has never been afraid jure those whom the State, by its mar- that You have done for this country. to roll up his sleeves and be in the riage laws, sought to protect in We would ask Your leadership in the world while sharing the Gospel with personhood and dignity,’’ as written by decisions that need to be made to keep folks across Texas and the Nation. Justice Kennedy, ‘‘by seeking to dis- this country great. Help us to put aside Pastor Rucker graduated from the place this protection and treating our personal feelings and do what is Arlington Baptist College in Arlington, those persons as living in marriages right for this great Nation and the peo- Texas. He and Sherrie have two sons, less respected than others.’’ ple of this Nation. Michael and Matthew, and one daugh- Today, the Supreme Court restored Lord, we would ask You to help all ter, Marlene, and five grandchildren. justice and equity in America. the States that have had catastrophes I am pleased to help welcome Pastor the past few months. Continue to heal Rucker, the ‘‘Flying Preacher,’’ to the f and restore back the things that have House today. TIME IS RUNNING OUT TO FIX been lost or destroyed in these events. f STUDENT LOANS We are so thankful for Your watch ANNOUNCEMENT BY THE SPEAKER (Mr. THOMPSON of Pennsylvania care over us. Keep us free from the tyr- PRO TEMPORE asked and was given permission to ad- anny of those who want to take our dress the House for 1 minute and to re- The SPEAKER pro tempore (Mr. POE freedom away. Watch over our men and vise and extend his remarks.) women in the military. of Texas). The Chair will entertain 15 Mr. THOMPSON of Pennsylvania. We appreciate the liberty You have further requests for 1-minute speeches Mr. Speaker, more than a month ago, so graciously blessed us with. We want on each side of the aisle. the House passed H.R. 1911, a bill based to give You all the praise and the f on the President’s 2014 budget request, honor and the glory, and we thank You A WAR ON COAL which would provide a market-based for it. (Ms. JENKINS asked and was given interest rate for student loans. In Jesus’ name we pray. permission to address the House for 1 Editorial boards from across the Amen. minute and to revise and extend her re- country have lauded this bill and have f marks.) called on the Senate to act on a similar proposal: THE JOURNAL Ms. JENKINS. Yesterday, the Presi- dent called for more energy taxes and USA Today stated: The SPEAKER. The Chair has exam- regulations that will hurt the economy Rates on loans are now set by Washington, ined the Journal of the last day’s pro- and job creation. One of the President’s not markets. Obama and the House Repub- ceedings and announces to the House senior advisers even said, ‘‘A war on licans wisely call for a market solution. his approval thereof. coal is exactly what’s needed.’’ The Boston Globe stated: Pursuant to clause 1, rule I, the Jour- In my State, where coal supplies The solution President Obama and House nal stands approved. nearly 75 percent of the electricity and Republicans have proposed would prevent f where coal plants support thousands of what has become a frustrating annual stand- off. PLEDGE OF ALLEGIANCE jobs, I don’t think a war on coal is what Kansans need. Reducing one of The Los Angeles Times stated: The SPEAKER. Will the gentleman the most affordable sources of energy Republicans are backing a long-term solu- from Pennsylvania (Mr. THOMPSON) will cause prices to go up, and that tion that’s similar to one President Obama come forward and lead the House in the makes life harder for people. proposed . . . The Senate should pass its own Pledge of Allegiance. The administration needs to stop version . . . then work out the differences Mr. THOMPSON of Pennsylvania led picking winners and losers. This ap- with the House. the Pledge of Allegiance as follows: proach has failed. It has cost taxpayers With less than a week before student I pledge allegiance to the Flag of the billions of dollars, and dozens of green loan rates jump from 3.4 percent to 6.8 United States of America, and to the Repub- energy companies that were offered percent, the Senate has failed to pass a lic for which it stands, one nation under God, taxpayer dollars are bankrupt or fal- bill that would address the issue. It’s indivisible, with liberty and justice for all. tering and are laying off workers. time for the Senate to come to the f Instead of favoring special interests, table. the House plan supports a real all-of- WELCOMING REVEREND MICHAEL f the-above approach to energy that will RUCKER CANYON MIDDLE SCHOOL—SCHOOL incentivize job creation, lower energy TO WATCH AWARD The SPEAKER. Without objection, costs for Americans, and reduce U.S. the gentleman from Texas (Mr. THORN- dependence on foreign oil. (Mr. SWALWELL of California asked BERRY) is recognized for 1 minute. f and was given permission to address There was no objection. the House for 1 minute and to revise Mr. THORNBERRY. Mr. Speaker, our JUSTICE AND EQUITY RESTORED and extend his remarks.) guest chaplain today has been the pas- IN AMERICA Mr. SWALWELL of California. Can- tor of Bible Baptist Church in Wichita (Mr. DEFAZIO asked and was given yon Middle School in Castro Valley, Falls, Texas, for the past 20 years; but permission to address the House for 1 California, in my congressional dis- his ministry and passion for spreading minute.) trict, was recently recognized as one of

VerDate Mar 15 2010 23:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.008 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4046 CONGRESSIONAL RECORD — HOUSE June 26, 2013 the Schools to Watch by the National Like you, we all miss ‘‘Big Steve,’’ and urge my colleagues in Congress to Forum to Accelerate Middle-Grades we were all enriched by having our come together to prevent student loan Reform. lives touched by him. rates from doubling on July 1. The School to Watch program was The cost of a college degree has in- launched in 1999 to identify high-per- creased by more than 1,000 percent in PROTECTING THE BALLOT BOX forming middle schools that serve as a the last 30 years. Two-thirds of college FROM DISCRIMINATION model for other schools to watch across seniors who graduated in 2011 had an the Nation. These schools, like Canyon (Mr. BARROW of Georgia asked and average student loan debt of $26,000 per Middle School, demonstrate academic was given permission to address the borrower. As the July 1 deadline ap- excellence, develop programs that re- House for 1 minute and to revise and proaches, America’s total student loan spond to the sensitive needs of early extend his remarks.) debt already tops $1.1 trillion. adolescence, and provide students with Mr. BARROW of Georgia. Mr. Speak- We’re a nation that invests in our fu- high-quality teachers and resources to er, I rise to express my disappointment ture, and that means investing in our support students in their academic in the Supreme Court’s decision strik- kids. Mounting student debt is handi- goals. ing down the preclearance provisions of capping a generation of graduates who This week, at the Ninth Annual the Voting Rights Act. already face a tough job market. This Mr. Speaker, making sure that our Schools to Watch Conference, Canyon debt is forcing them to put off key election laws are fair is the most im- Middle School will be presented with milestones like buying a home and portant job in a democracy because the this prestigious award. Canyon Middle starting a family. This delay in the right to vote is the right on which ev- School will be represented by attend- American Dream will diminish our Na- erything else depends. Countless Amer- ance clerk Adria Anderson-Kelly, As- tion’s economic development. icans have marched for it, suffered for sistant Principal Juan Flores, Assist- Congress has come to the aid of our it, and shed their blood for it. ant Principal Annie Flores-Aikey, banks and worked to promote industry. math and science teacher Gregory In Georgia, one of the greatest pro- ponents of the Voting Rights Act, our Now it’s time to step up for our stu- Matawaran, math and science teacher dents by preserving college afford- Liz Oettel, and special education colleague, Congressman JOHN LEWIS, knows all too well the price that’s been ability and keeping the American teacher Cheryll Rosales. Dream within reach. I look forward to congratulating the paid to make sure that election laws Let’s stand together to keep Federal group from Canyon Middle School this are not only open but fair to all con- student loan rates down. I urge my col- Thursday when they visit my office, cerned. leagues to act now. and I look forward to hearing more de- We can’t go back to the days when majorities can pass laws that limit or tails about how more schools can fol- f low their example of excellence. diminish the voting strength of minori- Congratulations again to the teach- ties. I’m calling on my colleagues in ers, administrators, parents, and stu- Congress, Republicans and Democrats, THE WAR ON COAL dents that helped Canyon Middle not to let this issue die. We need to do (Mrs. BLACKBURN asked and was School achieve this award. You make what is right and ensure, once and for given permission to address the House me and your congressional district all, that folks aren’t discriminated for 1 minute and to revise and extend very proud. against at the ballot box. her remarks.) f Mrs. BLACKBURN. Mr. Speaker, I b 1210 SECURING OUR FUTURE come to the floor to share a quote with my colleagues to make them aware of IN MEMORY OF STEVE LAFRANCE (Ms. FOXX asked and was given per- this. It is from Daniel Schrag. He is the (Mr. COTTON asked and was given mission to address the House for 1 White House adviser on climate permission to address the House for 1 minute.) change, and this was reported in The Ms. FOXX. Mr. Speaker, House Re- minute and to revise and extend his re- New York Times. Quite frankly, I find publicans have a plan to create jobs, marks.) this quote baffling. Here it is: grow our economy, and secure our fu- Mr. COTTON. Today, I honor the The one thing the President really needs to memory of my constituent Steve ture for all Americans. And we’re doing it by expanding opportunity, not ex- do now is to begin the process of shutting LaFrance who passed away earlier this down the conventional coal plants. Politi- month. Steve was a pillar of the Pine panding government. cally, the White House is hesitant to say Bluff community, and really all of Ar- We’re holding government account- that we’re having a war on coal. On the other kansas. able to the hardworking taxpayers of hand, a war on coal is exactly what’s needed. A pharmacist by training, he started this country. We’re reining in runaway Washington That was Mr. Schrag, the White his business in 1968 with a single phar- House adviser on climate change. macy in Gibson’s Department Store in spending that’s driving up our national debt. Mr. Speaker, I highlight this with my Pine Bluff. From that modest start, colleagues in this House right now be- Steve built USA Drug over 44 years We’re going to reform our Tax Code to make it fairer and simpler for all cause a war on coal is a war on jobs; a into the largest privately owned chain war on jobs, is a war on the American of drugstores in the country. Americans. We are promoting an all-of-the- worker. Steve’s motto, like my own dad’s, above, all-American energy strategy I have never met anybody that wants was ‘‘do the right thing.’’ It was the that will create jobs, lower energy to pay more for electric power genera- foundation of his success. All who costs, and strengthen our national se- tion, but the actions of this adminis- knew him and all who worked with curity. tration, the actions of the President Steve, whether employees, customers, These are the commonsense solutions choosing to circumvent Congress and vendors, and even competitors, re- that the American people deserve, Mr. implement these is costing us 500,000 spected not only his business acumen, Speaker. It’s not fair that Washington jobs. but especially his sense of fair play, Democrats keep offering up only more passion, and loyalty. spending and political games. Real so- f Even more than a businessman, lutions to real problems, that’s the though, Steve was a devoted family House Republican commitment. PTSD AWARENESS DAY man, proud father of four children, seven grandkids, and the loving hus- f (Ms. GABBARD asked and was given band of Linda, his wife of 44 years. He STUDENT LOANS permission to address the House for 1 was also a deeply faithful Christian (Ms. KELLY of Illinois asked and was minute.) man who walked in the path of the given permission to address the House Ms. GABBARD. Mr. Speaker, I’m ris- Lord and now walks with Him. for 1 minute.) ing today to recognize Posttraumatic On behalf of all Arkansans and the Ms. KELLY of Illinois. Mr. Speaker, I Stress Awareness Day and so that we , I wish to ex- rise today on behalf of 7 million stu- can honor our men and women in uni- press my deepest condolences to him. dents with subsidized student loans to form who have so bravely served our

VerDate Mar 15 2010 03:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.011 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4047 Nation. For them, when they come he immigrated to the United States in and together means students hoping to home, the battle doesn’t end, which is 1920 to attend college in California. He improve their economic chances in life why we must ensure that they’re well went on to serve his adopted country have to borrow more money at higher served as they go through the transi- for three terms in Congress and was a cost to get an increasingly more expen- tion from combat to civilian life. trailblazer for human and civil rights. sive college education. Research has shown that an esti- Congressman Saund’s outstanding A new report by the Joint Economic mated 18.5 percent, or nearly one in achievements and public service are an Committee, on which I serve as the five of our courageous veterans, suffer inspiration to generations of Asian ranking Democrat on the House side, from PTSD or depression. This number Americans, Californians, and to all shows that two-thirds of our recent is likely artificially low because of a Americans. graduates now have student loan debt reluctance to report these conditions. His portrait now hangs right outside with an average balance of $27,000. For Further, PTSD and other mental con- this Chamber as a reminder to us all of someone just starting out in life, that ditions can often lead to other serious the values that he stood for, values of is a mountain of debt and averages psychological and physical health con- equality and opportunity. Now it’s about 60 percent of their annual earn- ditions. time that Congressman Dalip Singh ings. That means that two-thirds of our In Congress, we must ensure that we Saund’s contributions are recognized in college graduates today are starting work with the Department of Veterans his home State by enshrining him in out in a pretty deep, big hole. Affairs to address these issues as they California’s Hall of Fame. The question for Congress is: Are we face our veterans coming home. We f going to just sit back and let them get owe it to them, these selfless, servant into a deeper and bigger hole of debt? leaders, to empower them so that they b 1220 Let’s fix the student loan problem can be provided the seamless transition VOTING RIGHTS ACT and get America moving again. they need and empower them to con- (Mr. HIMES asked and was given per- tinue their service to our communities mission to address the House for 1 here at home. f minute.) f Mr. HIMES. Mr. Speaker, this morn- VOTING RIGHTS ACT THE WAR ON COAL ing in striking down the discrimina- (Mr. RANGEL asked and was given (Mr. CRAMER asked and was given tory Defense of Marriage Act, the Su- permission to address the House for 1 permission to address the House for 1 preme Court stood for an idea that per- minute.) minute.) meates this institution: that regardless Mr. CRAMER. Mr. Speaker, a couple of who you are, the color of your skin, Mr. RANGEL. Mr. Speaker, it took of weeks ago, our President announced or whom you choose to love, the United the Supreme Court to remind us that his intention to unilaterally disarm States will not discriminate against when our young people put their bodies our national defense by cutting back you. in harm’s way, or even offer their lives our nuclear deterrent. This week, he Unfortunately, yesterday the Su- for this great country, that notwith- announced his intention to unilaterally preme Court went in exactly the wrong standing their background, they don’t disarm our entire economy by declar- direction on an even more fundamental do it for their color, for their race, for ing war on coal. issue: that those of us who serve here, their family and community alone; In my State of North Dakota, the our laws, our President, our Members they do it for these great United coal industry employs over 17,000 high- of Congress, are elected by the people States. People who have never met ly paid workers that provide the lowest of the United States in a truly equal each other but do feel that under our cost electricity to our retail customers fashion. Constitution we are all brought to- anywhere in the country. They con- We acknowledge that progress has gether to respect each other’s rights, tribute $3.5 billion to our State’s econ- been made in those regions that his- and we have an outline for that belief omy. torically discriminated against minori- that is called our Constitution. And in case the President thinks that ties, but we also acknowledge that the It seems to me that yesterday the we need his EPA to keep our air clean, problem is still there. Justice Gins- Supreme Court said that we are mak- he should know that North Dakota burg’s dissenting opinion has example ing progress in making certain that all meets all ambient air quality stand- after example of discrimination. For Americans have the right to vote and ards as prescribed by the EPA. example, in 2004, Waller County, Texas, that Negroes, as they were called in And I will not sit idly by and watch threatened to prosecute two black stu- 1965, have made great progress. But this President steal the jobs, hopes, dents after they announced their inten- that was not what Lyndon Johnson and dreams of my constituents, nor tion to run for office. said when he was advocating the 1965 will I sit idly by while he and his EPA Mr. Speaker, business should cease Civil Rights Act. He said that no im- impose their mediocrity on my State’s on this floor until we take up the Su- pediment should be put in the way of excellent stewardship of our natural re- preme Court’s challenge to modernize any person being denied the right to sources. and reinstitute the heart of the Voting vote because of their race or color. I North Dakota will not retreat from Rights Act so that we can all look each hope the Supreme Court will review this war waged on us by our President. other in the eye and say, We are here this ruling. We must and we will fight back. because the American people, all of f them, elected us. f f DALIP SINGH SAUND DEEPER AND BIGGER HOLE OF STANDING UP FOR WOMEN’S (Mr. BERA of California asked and REPRODUCTIVE CHOICES was given permission to address the DEBT House for 1 minute.) (Mrs. CAROLYN B. MALONEY of (Mr. VEASEY asked and was given Mr. BERA of California. Mr. Speaker, New York asked and was given permis- permission to address the House for 1 I rise today to recognize the contribu- sion to address the House for 1 minute.) minute.) tions of Dalip Singh Saund, the first Mrs. CAROLYN B. MALONEY of New Mr. VEASEY. Mr. Speaker, I rise Indian American and the first Asian York. Mr. Speaker, in just 4 days, mil- today to thank Texas State Senator American to be elected to Congress. lions of American students will quite Wendy Davis from my home town of Along with 13 of my colleagues from suddenly finally find themselves be- Fort Worth, Texas, for leading a mara- California, I recently sent a letter ask- tween a rock and a hard place. Unless thon filibuster in standing up for ing Governor Jerry Brown to induct Congress acts, the interest rates on women and women’s rights. For too him into California’s Hall of Fame. subsidized student loans will double on long, we have seen the health care Saund was born in a small village in July 1. This increase comes on top of choices of women taken over by male India, and much like my own parents, sharp rises in public college tuition, politicians who are more concerned

VerDate Mar 15 2010 01:52 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.013 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4048 CONGRESSIONAL RECORD — HOUSE June 26, 2013 with furthering an ideology than ad- Ms. WILSON of Florida. Mr. Speaker, to address the House for 1 minute and vancing women’s health. Instead of lis- it’s now been 906 days since I arrived in to revise and extend her remarks.) tening to women, male dominance over Congress, and the Republican leader- Ms. LORETTA SANCHEZ of Cali- women’s health care decisions has ship has still not allowed a single vote fornia. Mr. Speaker, I rise today to drowned out the most important voice on serious legislation to address our of all—the women who face their own unemployment crisis. Thirty-seven urge my colleagues to address the in- reproductive health care choices. percent of unemployed Americans have crease in student loans that is about to I believe reproductive choices are been without work for more than 6 happen this week. If we do not do deeply personal in nature and should months. That’s 4.4 million people who something by July 1, the interest rate rest with the woman. I believe we haven’t worked for at least a half year. on student loans, which has been at 3.4 should promote education, counseling, Take a moment to imagine life with- percent, will double to 6.8 percent. and provide women with the support out a job for 6 months. Imagine deplet- Now, last year we were able to come services they need, not restrict their ing your retirement savings to pay for together and make an accord and make medical choices. your family’s food and shelter. Imagine Thank you, Senator Wendy Davis, the pain of facing rejection again and it easier for our students to gulp and who stood up for Texas women across again. As researchers around the Na- take those loans out so that they could the State. The voices of women were tion have demonstrated, employers go and get an education. heard all over the country in this de- simply do not want to hire the long- Getting an education, teaching our bate last night in the Texas Legisla- term unemployed. There’s a stigma young people science, technology, engi- ture, and Senator Davis fought hard workers just can’t shake. and fought back against any efforts to neering, mathematics, the arts, music, It’s up to Congress to take action. et cetera, is of national security inter- greatly reduce and restrict women’s It’s time for us to focus on retraining est to this Nation. Even Secretary health care. And she won. and reemployment programs to ensure Thank you, Senator Davis, for your that we stop the establishment of a Gates said the number one issue is for courageous fight and well-deserved vic- permanent underclass in America. The our people to be educated. tory. Our fight to protect women’s mantra of this Congress should be jobs, So we must show our students that health care is not over, and I look for- jobs, jobs. ward to fighting with you, a strong we care about them, and that they too Texas woman. f have a future in this Nation. I urge my f OPPORTUNITIES AT INTERSECTION colleagues to come together to do something about the student loans. CONGRATULATING FREIHOFER’S OF INNOVATION BAKING COMPANY (Mr. CICILLINE asked and was given f (Mr. TONKO asked and was given permission to address the House for 1 permission to address the House for 1 minute.) STUDENT LOAN INTEREST RATES minute and to revise and extend his re- Mr. CICILLINE. Mr. Speaker, earlier marks.) this week, I hosted Democratic Leader (Mrs. CAPPS asked and was given Mr. TONKO. Mr. Speaker, I rise NANCY PELOSI for a roundtable discus- permission to address the House for 1 sion at America’s number one art and today to congratulate Freihofer’s Bak- minute and to revise and extend her re- ing Company as it celebrates 100 years design school, the Rhode Island School marks.) in business in New York’s capital re- of Design. It focused on creating jobs gion. and the opportunities that exist at the Mrs. CAPPS. Mr. Speaker, with just 5 After a century of contributing to intersection of innovation, technology, days left until the student loan inter- the local economy, Freihofer’s plans to and design. est rates double, Congress must act mark this milestone by continuing to Rhode Island is the birthplace of the now. If we do not, student loan interest give back to our community. Over the American industrial revolution. We rates will double overnight from 3.4 next year, the Albany-based baking know, on a level playing field, Amer- percent to 6.8 percent. company will give away up to 40,000 ican workers can compete against any loaves of bread to consumers and chari- international competitor, and that’s This will increase the cost of college table organizations. why it’s so critical that our country for more than seven million students What makes Freihofer’s a remark- begin taking concrete steps to leverage across this Nation and on the central able company is quite simple: its peo- these new opportunities. coast of California, adding thousands of ple. At every level, the good work done First, we need to better integrate dollars to a student’s college bill. And by the Freihofer’s team makes us all curriculums on science, technology, this will not only saddle students with proud, and that is why I am on this engineering, mathematics, and art and more debt, but it will hinder our grow- floor speaking today. design. Secondly, we need to think ing economy. Freihofer’s has always focused on about using new tools, such as my how best to serve our community. On Make It in American Manufacturing At a time when the cost of college June 1, the organization celebrated its Act, to create manufacturing and inno- continues to rise, we must do all that 35th anniversary of the Freihofer’s Run vation jobs right here in America, espe- we can to make college as affordable as for Women, one of the largest and most cially with the emerging opportunities possible for as many students as pos- prestigious all-female 5K road races, in advanced manufacturing and 3–D sible. We must keep open the doors of which stresses community health and printing. opportunity for all and, in the process, involvement. Finally, we need to ensure that produce a well-educated workforce that In New York, we are proud to count innovators and entrepreneurs have ac- will grow our economy. Freihofer’s among our many successful cess to the capital they need to pursue businesses that boost our community their ideas without obstacles. That’s why I’m a proud supporter of pride just as much as local economic I will continue working with my col- legislation to keep the student rates at development. I congratulate leagues to make these goals a reality a low 3.4 percent. This legislation Freihofer’s Baking Company on its and keep our country at the cutting should be brought to this House floor first century of success and wish them edge of innovation, technology, and de- for a vote immediately. many, many more years of fine baking sign. to come. Mr. Speaker, interest rates in other f f sectors remain low to help grow the b 1230 economy. Why shouldn’t they remain JOBS, JOBS, JOBS low for our students? (Ms. WILSON of Florida asked and FEDERAL STUDENT LOAN RATES They are our future. was given permission to address the (Ms. LORETTA SANCHEZ of Cali- House for 1 minute.) fornia asked and was given permission

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.014 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4049 PROVIDING FOR CONSIDERATION on Natural Resources now printed in the bill, (a) the Journal of the proceedings of the OF H.R. 1613, OUTER CONTI- it shall be in order to consider as an original previous day shall be considered as approved; NENTAL SHELF TRANSBOUND- bill for the purpose of amendment under the and ARY HYDROCARBON AGREE- five-minute rule an amendment in the na- (b) the Chair may at any time declare the ture of a substitute consisting of the text of House adjourned to meet at a date and time, MENTS AUTHORIZATION ACT; Rules Committee Print 113–16. That amend- within the limits of clause 4, section 5, arti- PROVIDING FOR CONSIDERATION ment in the nature of a substitute shall be cle I of the Constitution, to be announced by OF H.R. 2231, OFFSHORE ENERGY considered as read. All points of order the Chair in declaring the adjournment. AND JOBS ACT; PROVIDING FOR against that amendment in the nature of a SEC. 5. The Speaker may appoint Members CONSIDERATION OF H.R. 2410, AG- substitute are waived. No amendment to to perform the duties of the Chair for the du- RICULTURE, RURAL DEVELOP- that amendment in the nature of a sub- ration of the period addressed by section 4 of MENT, FOOD AND DRUG ADMIN- stitute shall be in order except those printed this resolution as though under clause 8(a) of in part B of the report of the Committee on ISTRATION, AND RELATED rule I. Rules accompanying this resolution. Each SEC. 6. It shall be in order without inter- AGENCIES APPROPRIATIONS such amendment may be offered only in the vention of any point of order to consider con- ACT, 2014; PROVIDING FOR PRO- order printed in the report, may be offered current resolutions providing for adjourn- CEEDINGS DURING THE PERIOD only by a Member designated in the report, ment during the month of July. FROM JUNE 20, 2013, THROUGH shall be considered as read, shall be debat- SEC. 7. The Committee on Appropriations JULY 5, 2013; AND FOR OTHER able for the time specified in the report may, at any time before 6 p.m. on Wednes- PURPOSES equally divided and controlled by the pro- day, July 3, 2013, file privileged reports to ac- ponent and an opponent, shall not be subject company measures making appropriations Mr. BISHOP of Utah. Mr. Speaker, by to amendment, and shall not be subject to a for the fiscal year ending September 30, 2014. direction of the Committee on Rules I demand for division of the question in the The SPEAKER pro tempore. The gen- call up House Resolution 274 and ask House or in the Committee of the Whole. All tleman from Utah is recognized for 1 for its immediate consideration. points of order against such amendments are The Clerk read the resolution, as fol- waived. At the conclusion of consideration of hour. lows: the bill for amendment the Committee shall b 1240 rise and report the bill to the House with H. RES. 274 such amendments as may have been adopted. Mr. BISHOP of Utah. Mr. Speaker, Resolved, That upon the adoption of this Any Member may demand a separate vote in for the purposes of debate only, I yield resolution it shall be in order to consider in the House on any amendment adopted in the the customary 30 minutes to our good the House the bill (H.R. 1613) to amend the Committee of the Whole to the bill or to the friend, the gentleman from Florida Outer Continental Shelf Lands Act to pro- amendment in the nature of a substitute (Mr. HASTINGS), who I certainly hope is vide for the proper Federal management and made in order as original text. The previous oversight of transboundary hydrocarbon res- question shall be considered as ordered on feeling better than the way he’s walk- ervoirs, and for other purposes. All points of the bill and amendments thereto to final ing today, pending which I yield myself order against consideration of the bill are passage without intervening motion except such time as I may consume. During waived. The amendment in the nature of a one motion to recommit with or without in- consideration of this resolution, all substitute recommended by the Committee structions. time yielded is for the purpose of de- on Natural Resources now printed in the bill SEC. 3. At any time after the adoption of bate only. shall be considered as adopted. The bill, as this resolution the Speaker may, pursuant to amended, shall be considered as read. All clause 2(b) of rule XVIII, declare the House GENERAL LEAVE points of order against provisions in the bill, resolved into the Committee of the Whole Mr. BISHOP of Utah. Mr. Speaker, I as amended, are waived. The previous ques- House on the state of the Union for consider- ask unanimous consent that all Mem- tion shall be considered as ordered on the ation of the bill (H.R. 2410) making appro- bers have 5 legislative days during bill, as amended, and on any further amend- priations for Agriculture, Rural Develop- which they may revise and extend their ment thereto, to final passage without inter- ment, Food and Drug Administration, and remarks. vening motion except: (1) one hour of debate Related Agencies programs for the fiscal equally divided and controlled by the chair year ending September 30, 2014, and for other The SPEAKER pro tempore. Is there and ranking minority member of the Com- purposes. The first reading of the bill shall objection to the request of the gen- mittee on Natural Resources; (2) the further be dispensed with. All points of order against tleman from Utah? amendment printed in part A of the report of consideration of the bill are waived. General There was no objection. the Committee on Rules accompanying this debate shall be confined to the bill and shall Mr. BISHOP of Utah. This resolution resolution, if offered by Representative not exceed one hour equally divided and con- provides for a structured rule for the Grayson of Florida or his designee, which trolled by the chair and ranking minority consideration of H.R. 2231, the Offshore shall be in order without intervention of any member of the Committee on Appropria- Energy and Jobs Act of 2013, as well as point of order, shall be considered as read, tions. After general debate the bill shall be shall be separately debatable for 10 minutes considered for amendment under the five- H.R. 1613, the Outer Continental Shelf equally divided and controlled by the pro- minute rule. Points of order against provi- Transboundary Hydrocarbon Agree- ponent and an opponent, and shall not be sions in the bill for failure to comply with ments Authorization Act, and makes subject to a demand for division of the ques- clause 2 of rule XXI are waived except as fol- several specific amendments in order tion; and (3) one motion to recommit with or lows: section 717; section 718; the words ‘‘or to each bill which are germane and without instructions. any other’’ on page 64, line 13; the words ‘‘or compliant with the rules of the House. SEC. 2. At any time after the adoption of any other’’ on page 65, line 9; and section 740. This proposed rule also provides for an this resolution the Speaker may, pursuant to Where points of order are waived against open rule for consideration of H.R. 2410, clause 2(b) of rule XVIII, declare the House part of a section, points of order against a resolved into the Committee of the Whole provision in another part of such section the Agriculture, Rural Development, House on the state of the Union for consider- may be made only against such provision Food and Drug Administration, and ation of the bill (H.R. 2231) to amend the and not against the entire section. During Related Agencies bill. Outer Continental Shelf Lands Act to in- consideration of the bill for amendment, the These energy bills, if enacted, will crease energy exploration and production on chair of the Committee of the Whole may ac- help foster responsible development of the Outer Continental Shelf, provide for eq- cord priority in recognition on the basis of our abundant offshore domestic energy uitable revenue sharing for all coastal whether the Member offering an amendment resources and will do so in an environ- States, implement the reorganization of the has caused it to be printed in the portion of mentally responsible manner. H.R. 2231 functions of the former Minerals Manage- the Congressional Record designated for that would help reverse some of the current ment Service into distinct and separate purpose in clause 8 of rule XVIII. Amend- agencies, and for other purposes. The first ments so printed shall be considered as read. administration’s energy policies, which reading of the bill shall be dispensed with. When the committee rises and reports the are stalling responsible offshore lease All points of order against consideration of bill back to the House with a recommenda- development on the Outer Continental the bill are waived. General debate shall be tion that the bill do pass, the previous ques- Shelf. This legislation would require confined to the bill and shall not exceed one tion shall be considered as ordered on the that the administration implement a hour equally divided and controlled by the bill and amendments thereto to final passage new 5-year leasing plan, including 50 chair and ranking minority member of the without intervening motion except one mo- percent of the areas that have been Committee on Natural Resources. After gen- tion to recommit with or without instruc- previously identified as the most prom- eral debate the bill shall be considered for tions. amendment under the five-minute rule. In SEC. 4. On any legislative day during the ising in oil reserves and natural gas. lieu of the amendment in the nature of a period from June 29, 2013, through July 5, The average American consumer has substitute recommended by the Committee 2013— seen their energy bill double since this

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.016 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4050 CONGRESSIONAL RECORD — HOUSE June 26, 2013 administration started. A gallon of gas This rule provides for the consider- equate funding levels. The refusal by was under $2 when the President was ation of three bills, as enunciated by my friends on the other side to appoint first sworn in. It’s now routinely more my friend from Utah. However, the conferees to reach a bipartisan com- than $4 a gallon—and continues to only thing that these bills have in com- promise on the budget and end the se- climb. And yet the administration de- mon is that they’re overwhelmingly quester has left us with this disastrous liberately stalls and blocks job-cre- partisan in nature and fail to address agriculture bill that we saw last week. ating, energy-producing projects like the most pressing challenges facing our As my Republican colleagues very well the Keystone pipeline for the respon- country. Bottom line: we should be know, there are $214 million in cuts to sible development of coal and tar sands doing all that we can to help struggling Women, Infants, and Children, or WIC, reserves we have on our public lands, Americans get back on their feet. funding, which will prevent 214,000 eli- including in my own State. This actu- The first bill, H.R. 1613, had been rel- gible applicants from receiving the nu- ally hits the middle class and the poor atively noncontroversial and could trition they need. class the worst. have been addressed under suspension. b 1250 H.R. 2231 will streamline the current But instead, my colleagues on the bureaucracy handling these leases and other side of the aisle have chosen to Furthermore, there are $284 million will also implement a fair and equi- take the partisan route by including a in cuts to Food for Peace that will re- sult in 7.4 million fewer people receiv- table revenue-sharing plan for coastal provision that waives the Securities ing food aid from the United States. States. The Congressional Budget Of- and Exchange Commission natural re- Mr. Speaker, I’d really laugh, except fice has indicated that passage of this sources extraction disclosure rule of the prioritization of partisanship and bill will reduce net direct spending of the Dodd-Frank Wall Street Reform politics over responsibility has become the Federal Government by $1.5 billion and Consumer Protection Act, which par for the course in the Republican- over the next 10 years. So, in essence, requires the disclosure of payments you have a bill that makes us more en- controlled Congress. from oil and gas companies to foreign As I pointed out before, just last ergy independent, drives down the cost governments. I just simply don’t un- of fuel for U.S. families, helps reduce week the Republican partisan farm bill derstand why this poison pill was was scuttled. Traditionally—I’m here the cost of the Federal Government, added. and produces an estimated 1.2 million now 21 years, and that bill, at times Similarly, H.R. 2231 opens up new, that it was brought appropriately, was jobs. I think, by most standards, that unsafe drilling off the coasts of 14 would be considered a fairly good bill. a bipartisan piece of legislation. Draco- States at a time when domestic energy nian cuts and work requirements im- Likewise, the other bill in the rule, production is booming. Furthermore, H.R. 1613, the Outer Continental Shelf posed upon programs that benefit the the bill does virtually nothing—and I Transboundary Hydrocarbon Agree- poorest among us effectively killed any asked that question of our colleague, ments Authorization Act, will provide chance of the FARRM Bill passing. Mr. DUNCAN from South Carolina—to for improved Federal management and Rather than see passage of a strong, bi- implement key safety reforms in the oversight of energy resources which partisan bill, Republicans deliberately wake of the BP Deepwater Horizon dis- straddle international boundaries. Pas- made it unpalatable to even strong ag- aster and constrains the statutory re- sage of this act will implement an riculture supporters like myself. These view process for offshore drilling. agreement we already have with the are not the priorities of a Nation that This is a part of the Republicans’ Government of Mexico on how to han- cares about its poor. These are the pri- ‘‘drill, baby, drill’’ energy policy agen- dle development of these resources, in- orities of a Republican Party that da. While my colleagues on the other cluding revenue-sharing concepts, as cares only about itself. side of the aisle continue to bring bills well as ensuring that the United States The poor are not villains. Many are like this to the floor which contain companies that are investing will de- trapped in inescapable situations due huge giveaways to Big Oil, it is clear velop their resources but not be imper- to circumstances totally beyond their that they’re not interested in doing a iled by actions that may be taken later control and largely, in many instances, thing to protect worker safety, the en- on by the Government. by our making here in this institution. Finally, the resolution also provides vironment, or the tourism and fishing Mr. Speaker, it’s hard to pull yourself for a modified open rule for consider- industries. It is astounding that Con- up by your bootstraps when those boot- ation of H.R. 2410, the fiscal year 2014 gress would move forward to open new straps, without any nourishment, may Agriculture, Rural Development, Food natural gas and oil leases when this in- be the only thing you have to eat. and Drug Administration, and Related stitution has not acted on the rec- I reserve the balance of my time. Agencies appropriations bill, which ommendation to improve the safety of Mr. BISHOP of Utah. I am happy to continues what was common when I offshore drilling. If we didn’t learn any- yield 4 minutes to the author of one of first arrived here and then stopped but thing at all from BP, we’re not ever the bills in here, as well as the chair- was then reinstated and continues to going to learn anything. The successor man of the Natural Resources Com- be reinstated by Chairman PETE SES- to the BP spill commission recently mittee, the gentleman from Wash- SIONS—having open rules on our appro- gave Congress a D-plus grade on its leg- ington (Mr. HASTINGS). priations bills. islative response to the spill. Mr. HASTINGS of Washington. I I’m appreciative of the Rules Com- Before opening any new leases, we thank the gentleman for yielding time, mittee chairman’s leadership in this should enact legislation to improve and I rise in strong support of the rule regard. I’m also appreciative of the safety and eliminate or adjust the li- and the underlying legislation covered hard work and dedication of the bill’s ability caps upward. We have a pitiable by the rule. sponsors. First, the gentleman from liability cap now of $75 million. Mr. Speaker, in our country today, South Carolina (Mr. DUNCAN), the gen- It is time to get real about energy millions of Americans continue to tleman from Washington, also chair- policy. We need to invest in the devel- search for work, the national average man of the House Natural Resources opment of renewable resources, which price of gasoline is $3.50, and rising Committee (Mr. HASTINGS), as well as would reduce our impact on climate costs of everything from electricity to the gentleman from Alabama (Mr. change and move us towards true en- food to health care makes it tough for ADERHOLT), for his leadership on the ergy independence. These two bills families and small businesses to make Agriculture appropriation bill. In today aren’t about gas prices or job ends meet. But instead of providing re- short, this is a fair and good rule deal- creation. They’re about bolstering the lief for struggling Americans, Presi- ing with good pieces of legislation. Republicans’ political base and lining dent Obama yesterday announced a Mr. Speaker, these are good bills. I the pockets of Big Oil and gas CEOs. plan that will inflict further pain and urge their adoption, and I reserve the Republicans’ refusal to address the cause further damage to our struggling balance of my time. sequester and insistence upon limited economy. Mr. HASTINGS of Florida. I thank cuts in the Homeland Security, MilCon/ The President’s latest attempt to the gentleman from Utah, my friend VA, and DOD appropriations bills leave unilaterally impose a national energy (Mr. BISHOP), for yielding the cus- all the other nondefense measures like tax will cost American jobs and will in- tomary 30 minutes to me. H.R. 2410 before us today with inad- crease energy prices. Now, in stark

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.018 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4051 contrast to that, Mr. Speaker, Repub- Mr. Speaker, it’s as if the Republican Mr. BISHOP of Utah. I appreciate the licans are advancing solutions to ex- leadership hasn’t learned from its mis- comments that were just made by the pand access to affordable energy in takes. WIC is a critical program that gentleman from Massachusetts about a order to create jobs and to lower en- provides food and nutrition counseling program which does fund $6.7 billion in ergy costs. The bills the House is con- for low-income, pregnant and the WIC program and was passed sidering this week are necessary be- breastfeeding women, as well as for unanimously by voice vote from both cause of the Obama administration’s newborns and infants. It is an impor- parties in the Appropriations Com- persistent and destructive attacks on tant and successful program. It is a mittee. American energy production. The key program that helps pregnant and With that, I yield 3 minutes to the President’s latest efforts to impose new breastfeeding women stay healthy sponsor of one of the bills that is part energy taxes and government red tape through proper nutrition and actually of this rule, the gentleman from South follow 4.5 years of erecting American helps prevent many health issues asso- Carolina (Mr. DUNCAN). energy roadblocks. ciated with poor nutrition. Mr. DUNCAN of South Carolina. I H.R. 2231, the Offshore Energy and Despite the program’s 39-year suc- rise today in support of two of the bills Jobs Act, will unlock our offshore en- cessful track record, the Republicans that are under this rule, H.R. 1613, the ergy resources that are being held cap- decided to include WIC in their seques- Outer Continental Shelf Transbound- ary Hydrocarbon Agreements Author- tive by this administration. The dif- ter plan. Unlike SNAP—which, thank- ization Act, and H.R. 2231, the Offshore ferences are clear between the Presi- fully, was excluded from the sequester Energy and Jobs Act. Both these bills dent’s current no-new-drilling-and-no- and every single major deficit reduc- do three things—they provide for jobs; new-jobs plan and the Republican pro- tion plan—the WIC program was sub- they provide for energy security; and jected to the sequester. And the FY energy, pro-jobs offshore drilling plan. they provide for national security. The President’s 5-year current offshore 2014 agriculture appropriations bill in- Let’s put Americans to work har- leasing plan keeps 85 percent of off- cludes a major cut to the WIC program. vesting the resources that we have here shore areas under lock and key—Mr. The cuts to WIC in this bill could re- in this country, and let’s meet our en- Speaker, keeps 85 percent under lock sult in over 200,000 pregnant mothers ergy needs. Because as Admiral Mullen and key—effectively reinstating the and infants losing access to nutritious said, there can be no national security moratoria that were lifted right before food. And tapping into the reserve fund without energy security. Let me repeat he took office. isn’t going to cover everyone; 55,000 that: there can be no national security The Republican drill-smart plan moms and kids will go without the nu- without energy security. would open new areas containing the trition that they need. most oil and natural gas resources, al- And WIC is so severely underfunded b 1300 lowing for new energy production in that the breastfeeding counseling pro- Let’s open up these offshore areas parts of the Atlantic and the Pacific gram—a cornerstone of this program— that we have resources under and let’s coasts. The President’s plan refuses is zeroed out. I guess I shouldn’t be sur- produce American energy here at even to let Virginia develop its off- prised that this House of Representa- home, putting Americans to work to shore resources until after 2017 and tives would promote such anti-women, provide for our energy needs. cancels a lease sale that would have al- anti-mother, anti-child legislation. I specifically rise to talk about H.R. lowed them to go offshore 2 years ago. After all, this is the same House that 1613, which implements the Obama ad- The Republican plan supports the bi- allowed an all-male Republican major- ministration’s own agreement, an partisan wishes of the Virginia Gov- ity in the Judiciary Committee to agreement signed in Los Cabos by Sec- ernor, the congressional delegation, write and promote legislation that at- retary Clinton and Foreign Minister and the public by requiring an offshore tacked a woman’s right to choose. And Espinosa from Mexico that says: Do lease sale to be held. by the way, President Obama is threat- you know what? There are resources The President’s plan suppresses ening a veto of the agriculture appro- under that shared boundary out in the American job creation and economic priations bill in large part because of Gulf of Mexico, the boundary shared growth. Our plan, Mr. Speaker, in con- these draconian cuts. I would say to between the United States and the country of Mexico; resources that can trast, would create 1.2 million jobs long my Republican friends: stop your as- be explored and produced to meet our term and would generate $1.5 billion in sault against poor people in this coun- energy needs here at home working new revenue. This Republican approach try. with our southern neighbor—Mexico— is exactly what our country and our Now, this agriculture appropriations to share those resources and share the economy needs right now. bill would be bad enough on its own. It would be better if the Appropriations revenues. We can do better than what the Let’s do it the right way. Let’s do it Committee would redraft the bill at President outlined yesterday that sti- with the American safety standards fles American energy production and pre-sequester funding levels so we’re and American environmental standards raises energy costs. not forced to choose between programs that currently apply to American en- I urge adoption of the rule and the like food safety and WIC, for example. ergy companies producing in the Gulf underlying legislation. But what is particularly egregious of Mexico. Let’s require those Mexican Mr. HASTINGS of Florida. I would about this rule that we’re considering companies to comply with those stand- say to my very good friend and name- is what is not included. What’s not in- ards and then let’s share those reve- sake, if you can do better, do it. cluded is a fix to the upcoming dou- nues. This is the right thing. I’m very pleased at this time to yield bling of the student loan interest rates. H.R. 1613 will implement that agree- 3 minutes to my distinguished col- Congress is going to leave for the 4th of ment, but it will do something else. It league from Massachusetts (Mr. July recess on Friday; yet interest will remove the uncertainty and pro- MCGOVERN) with whom I serve on the rates are scheduled to double if Con- vide for American competitiveness Rules Committee. gress doesn’t act before July 1. when you’re competing with foreign Mr. MCGOVERN. Mr. Speaker, last We need an immediate fix to this countries such as Mexico. This is the week, the FARRM Bill failed. It failed problem; but instead of working to pre- right thing for America. Put Ameri- in large part because of Republicans’ vent penalizing millions of students cans to work, meet energy needs, and nasty attacks on America’s nutrition who are looking for help paying for col- meet our national security needs. and anti-hunger programs. lege, the Republican leadership is forc- That’s why House Republicans have fo- Notwithstanding the experience of ing the House to debate tired, retread cused on an all-of-the-above American last week, in this rule the House is con- bills like offshore drilling expansion energy strategy, and these bills are sidering debating the agriculture ap- that have no chance of becoming law. part of that. propriations bill, a bill that not only Instead of pushing legislation that Mr. HASTINGS of Florida. Mr. underfunds the WIC program, but actu- helps banks and lenders make even Speaker, I am very pleased to yield 2 ally makes it more difficult for low-in- more money, we ought to help the mid- minutes to my friend, the distin- come women to receive breastfeeding dle class, we ought to help our stu- guished gentlewoman from California counseling. dents. (Mrs. CAPPS).

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.020 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4052 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Mrs. CAPPS. Mr. Speaker, I thank Mr. HASTINGS of Florida. Mr. With that, Mr. Speaker, I continue to my colleague for yielding. Speaker, I’m very pleased to yield 21⁄2 reserve the balance of my time. I rise in strong opposition to this minutes to my good friend, the distin- Mr. HASTINGS of Florida. Mr. rule and to the underlying bill. guished gentlewoman from Oregon (Mr. Speaker, if we defeat the previous ques- The so-called Offshore Energy and DEFAZIO). tion, I will offer an amendment to this Jobs Act is nothing more than another Mr. DEFAZIO. Mr. Speaker, I thank rule that would allow the House to old idea that will not become law. We the gentleman for yielding. hold a vote on the Student Loan Relief have voted on a form of this legislation I will have a lot to say about the de- Act. If Congress doesn’t act by July 1, every year since the majority has been ficiencies to these two bills over the undergraduate students in this Nation, in control of this House, yet the same next 2 days. But today the Republicans all over this Nation, will see a hike in thing happens every time: it goes abso- are purporting two things: lower gas their student loan interest rates. lutely nowhere. Instead of working on prices and reduce the deficit. They To discuss our proposal, I yield 2 new, more sustainable energy ideas, we would have us believe this bill would do minutes to my friend, the gentleman find ourselves here yet again wasting that. They’re saying high gas prices from California (Mr. MILLER). our time on another misguided, de- are due to the fact there’s not enough (Mr. GEORGE MILLER of California structive, and unnecessary drilling bill. offshore oil drilling. asked and was given permission to re- I’m particularly dismayed that the Nothing could be further from the vise and extend his remarks.) bill, yet again, expands drilling in truth. There’s actually a glut of oil in Mr. GEORGE MILLER of California. areas where voters have unequivocally the Gulf region. It’s all waiting in stor- Mr. Speaker, I thank the remarks by said they don’t want it. The dev- age because, oh, the refineries are the gentleman from Florida that we astating 1969 oil spill in Santa Barbara, doing routine maintenance. Why are would have an opportunity to vote on California, galvanized our State they doing that? Well, because it’s the the student loan bill to make sure that against any more offshore drilling. height of the driving season for the we don’t do what millions of American American people, therefore, they can That’s why California permanently students and their families have asked gouge the consumers by pretending, oh, banned new oil and gas leasing in the us not to do, and that is, they don’t there’s just no other time we could State waters they control in 1994. want us to double their debt. But in clean the refinery. It doesn’t have any- This majority here, which gives lip less than 100 hours if we don’t get the thing to do with oil supplies. It has to service to respecting states’ rights, has vote that Mr. HASTINGS is talking do with a lack of refining capacity arti- chosen, yet again, to override the will about, in less than 100 hours, millions ficially manipulated and speculation of voters in my district and my State of American college students may see by mandating immediate oil and gas on Wall Street. Secondly, they say they’re address- their student debt increase because of lease sales off the coasts of Santa Bar- ing the deficit, that this is going to the Republican obstructionism. It’s un- bara and Ventura Counties, despite our provide additional revenues in the fu- fortunate that it’s come to this. This well-known, long-standing bipartisan ture. In fact, they are so concerned issue shouldn’t be partisan. It’s about opposition. about the deficit they would not allow doing the right thing on behalf of mil- Later this week, I will be offering an an amendment I attempted to offer, lions of students and their families all amendment to strike these provisions, supported by a number of west coast across the country. and I appreciate the Rules Committee Members—three Governors of the West- It’s a simple choice. We can help stu- for making my amendment in order. ern United States—that would have dents achieve an education, one that But expansion of drilling in southern protected the west coast from the man- they can afford, and the skills that California only scratches the surface of datory drilling in this bill. They said they need to be successful, or we can what’s wrong with this bill. Simply that might preclude future revenue put more hurdles in their way and in- put, it’s a solution without a problem. from future leases that might be let by crease the already skyrocketing debt Drilling, both onshore and offshore, a future President, and they said we burden that students absorb as they has been expanding rapidly in recent might not get $1 billion 30 years in the graduate from college. years, and is showing no signs of slow- future because of your amendment. b 1310 ing down. Last year, domestic offshore However, there is an amendment by It has been more than a year of ig- oil production was higher than it was the gentleman from Louisiana, Rep- noring this issue. A year ago, we were at the end of the Bush administration. resentative CASSIDY, who will mandate in this position, and a year ago, we Oil production in the United States in- a diversion of $500 million a year of voted to keep the student loan rate at creased more last year than at any revenues flowing to the Treasury to 3.75 percent. Nothing has been done point since the inception of the oil in- the Gulf States for the next 30 years. until recently, and then the Repub- dustry in 1859. Yes, we are going to forego or give up licans came up with an idea that was The Obama administration has of- $15 billion of revenues to the Treasury, really bad. It was worse than doubling fered, and continues to offer, millions creating $15 billion more debt and def- the interest rates on July 1. It was of acres of public lands offshore for oil icit for the American people, but they and gas exploration and production. waived the rules. That doesn’t count. more expensive to the students than The SPEAKER pro tempore. The This all kind of reminds me a little doubling the interest rates. It’s not a time of the gentlewoman has expired. bit of George Orwell, the way the Re- smart solution. It’s a terrible solu- Mr. HASTINGS of Florida. I yield an publicans cynically manipulate the tion—it’s terrible for students; it’s ter- additional 30 seconds to the gentle- rules around here. As he said: ‘‘All ani- rible for their families. woman. mals are equal, but some are more After a year of ignoring this issue, Mrs. CAPPS. Yet, despite this expan- equal than others.’’ the Republicans foisted this harmful sion under the Obama administration, So Republican amendments that cre- idea onto the House floor, and when nearly 85 percent of the offshore acre- ate debt and deficit are exempt from the Republican bill hit the floor, they age already under lease by the oil in- the rules, and Democratic amendments refused to allow a vote on a rational dustry is not producing. Instead of re- to protect the west coast, which does plan, like the Courtney bill, that stops cycling bad ideas and expanding drill- not want this mandatory oil drilling, this doubling of the interest rates and ing in areas where voters don’t want it, because it might forego some potential allows this Congress to examine and we should be working together on a re- possible future revenues, are not made develop a long-term solution as part of sponsible, clean energy policy for the in order. This is not for real. This is the Higher Education Reauthorization 21st century. This bill is just more of not an honest process. Act. the same dirty energy policies of the Mr. BISHOP of Utah. Mr. Speaker, it Despite trumpeting that their plan past. is wonderful to realize how the GAO’s was the same as President Obama’s I urge my colleagues to reject this and the OMB’s facts are not inaccurate proposal, when the Democrats offered rule and reject the underlying bill. and also how rules that were waived for President Obama’s actual plan, they Mr. BISHOP of Utah. Mr. Speaker, I this bill have been waived for the same blocked that vote, too. So they won’t reserve the balance of my time. reason in prior pieces of legislation. keep the interest rates from doubling,

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.022 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4053 and they won’t do a plan that they said I rise to actually speak about an going up like crazy over the last 3 is just like theirs. On July 1, those in- issue that I think we should be address- weeks and which the Congressional terest rates are going to double on mil- ing today and at this very moment. Budget Office has now analyzed and lions of students as they start this With student loan interest rates set told us will result in debt costs that school year in August and September. to rise in only 5 short days, the time to will be worse than if Congress did noth- The SPEAKER pro tempore. The act is now. It is unacceptable that we ing and allowed the rates to double to time of the gentleman has expired. have not yet brought up a bill for a 6.8 percent. Mr. HASTINGS of Florida. I yield the vote that can be passed by both Cham- The solution is obvious. Extend the gentleman an additional 1 minute. bers and signed into law. lower rate, 3.4 percent. My bill, H.R. Mr. GEORGE MILLER of California. With tuition rising rapidly and with 1595, which is the subject of the pre- The time for obstruction has passed. far too many families and students vious question, has 195 signatories for a It’s time to keep the rates low and to struggling to make ends meet, middle discharge petition. A substantial group work on a long-term solution. It’s time class families are finding it more and of Members in the House is ready and to stop asking college students and more difficult to pay for college. When poised to move. It did get 51 votes in their families to bear an unfair burden I’m home each weekend in Iowa, I hear the Senate. It did actually move in the of paying down the Bush deficits. from countless students and parents Senate, and the President has said he The Democrats have chosen to stand who cannot understand why we can’t will sign it. If there is any path for- with the students and families who are seem to get this done. ward for those 7.5 million students, it’s trying to access the American Dream. This should not be a partisan issue. H.R. 1595. Let’s do it. Let’s act. Let’s We can do this. Millions of families and We need to address student loan debt in turn this countdown clock off. Let’s students have asked us: don’t double the interest of our economy. We must help America’s young students afford their debt. Yet, on July 1, because of prepare our students for the kind of and pay for a critical need for their fu- the Republican obstructionism, that’s good-paying middle class jobs that will ture—higher education. Mr. BISHOP of Utah. I continue to what’s going to happen to these stu- drive our economy forward, and we reserve the balance of my time. dents. It’s very unfortunate. It adds an must do so in a way that does not sad- Mr. HASTINGS of Florida. Mr. additional $1,000 to the 4 years of col- dle them with a lifetime of debt, which Speaker, I would inform my colleague lege. We should not do that at this prevents them from fully participating from Utah that I have no further re- time, in this economy, for these stu- in the economy. quests for time, and I would ask wheth- dents and families. I could not have gone to college and er or not he has additional speakers. Mr. BISHOP of Utah. I yield myself 1 would not be where I am today without Mr. BISHOP of Utah. Other than bril- minute. low-interest student loans and other fi- liant verbiage from myself, you’ve got I appreciate what has been said even nancial assistance programs that were it. though it has very little to do with the available to me. It’s critical that we Mr. HASTINGS of Florida. I am look- bills that we will be discussing in these get this done now. I am willing to stay ing forward to the brilliant verbiage. next couple of weeks. here and work until we get this done. Following on from the previous dis- Especially as a former teacher, I un- We cannot allow the House to recess cussion, Mr. Speaker, I ask unanimous derstand significantly what it does to and leave our students in the dust to consent to insert the text of the student loans and situations. I under- face this rate hike. amendment, which has been discussed, stand significantly how now 5 years Mr. BISHOP of Utah. I continue to in the RECORD along with extraneous ago Congress passed legislation that reserve the balance of my time. material immediately prior to the vote cut out the FFEL Program, which ac- Mr. HASTINGS of Florida. Mr. on the previous question. tually helped kids in their being able Speaker, I am very pleased to yield 2 The SPEAKER pro tempore. Is there to afford their college workability. We minutes to a friend of mine, the distin- objection to the request of the gen- consolidated all of our efforts with a guished gentleman from Connecticut tleman from Florida? program, an idea, from the 1980s, which (Mr. COURTNEY). There was no objection. was a bad idea then and is a bad idea Mr. COURTNEY. Mr. Speaker, as the The SPEAKER pro tempore. The gen- now. chart next to me clearly states, we are tleman from Florida has 81⁄2 minutes Unfortunately, this House has dealt now 4 days and counting until, by law, remaining. with this issue. On May 23 of this year, the interest rate for the subsidized Mr. HASTINGS of Florida. I yield we passed a bill that solves this prob- Stafford student loan program will myself the remainder of my time. lem, and we sent it over to the Senate. double—from 3.4 percent to 6.8 percent. I urge my colleagues to vote ‘‘no’’ For some reason, I feel uncomfortable The real chart should probably be 3 and defeat the previous question. I am 1 or at least tired of being held account- days because that’s how many legisla- tempted to take the 8 ⁄2 minutes and, able for the Senate’s inability to actu- tive days the House and the Senate are perhaps, not offer as much brilliant verbiage but at least add, without hy- ally deal with legislation sent to them in session. Incredibly, we are debating perbole, the continuing concern that that solves problems and then have to issues which hardly have the same time sensitivity and which clearly are all of us should have. take the responsibility back here. The I agree with my friend from Utah tone deaf to what American families House has dealt with this issue, and we when he points to the fact that there all over the country are really con- did it in a responsible, reasonable way. has been legislation that has come out cerned about. The Senate has refused to. of the House of Representatives, re- There are 7.5 million college students So often what we have found as grid- gardless of who was in the majority, who use the subsidized Stafford student lock here is not necessarily between and that it has gone over to the other loan program. They are going to see Republicans and Democrats as we pass body and nothing has transpired. But their rates double. The total gross cost a whole lot of bipartisan bills on this when the American people look at Con- floor. It’s between the Senate and the in terms of added interest is about $4 gress, they are not looking just at the House. I wish it were different and that billion. This is at a time when student House of Representatives or just at the we could compel the Senate to act re- loan debt is $1.1 trillion—higher than United States Senate—it is all of us— sponsibly, but the Senate has not and credit card debt, higher than car loan and it is our responsibility here in the the House has. debt. Incredibly, this deadline is just House, particularly as the body that With that, I reserve the balance of being completely ignored by the major- has the Ways and Means Committee, my time. ity despite the fact that millions of which generates the financial cir- Mr. HASTINGS of Florida. Mr. students are making life decisions as cumstances of this country that ulti- 1 Speaker, I am very pleased to yield 1 ⁄2 we speak as they begin to enroll for mately is voted on. minutes to my friend, the distin- next fall’s semester. guished gentleman from Iowa (Mr. The bill which the House majority b 1320 LOEBSACK). passed on May 23 is a bill which tied It’s our responsibility, in my judg- Mr. LOEBSACK. I do appreciate the rates on a variable basis to Treasury ment, to undertake to answer one sim- gentleman for yielding to me. notes, which, by the way, have been ple question regarding this loan thing:

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.024 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4054 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Why is it that college students are We have a bill that this body passed I’m also frustrated because we have going to be required to have loan obli- on May 23 in plenty of time to extin- had a great deal of increase in produc- gations that raise their loans from 3.4 guish this issue, plenty of time for the tion of oil and gas, and it’s all hap- percent to 6.8 percent when Bank X and Senate to debate it, amend it, send it pened on private and State lands. Bank Y can borrow money from each back to us, appoint the conference, go I happen to represent a State that other for little or nothing at all? That through regular process, if the Senate has almost 70 percent of it controlled does not make any sense. wished to do that. Instead, the result is by the Federal Government. I have We can’t do these children this way the Senate has basically turned their enormous amounts of resource poten- in this country, and we have an abso- back on the issue and said, We’ll let it tial in my State, but it is controlled by lute responsibility to all of them to go over the cliff one more time. the Federal Government. So even give them the opportunities that many You see, it shouldn’t have been that though areas where private property of us had. People here in this House way. If we had not changed the policy and States have been able to increase that have come here by way of student back when we passed a bill in the pre- the revenue to their States and in- loans and some of them have had those vious leadership of this House, we crease the total amount of petroleum opportunities, why not give these chil- wouldn’t have had this problem in the productions that we have, my State dren that chance? first place. What this House tried to do has seen the exact opposite. Mr. Speaker, the most common cri- is say this is a silly approach going If you go onshore to the areas that tiques of this Congress have been bipar- into the future. Let’s come up with a are controlled by this administration, tisanship and dysfunction. This rule policy towards student loans. If we the Federal lands, the amount of par- today for these three bills shows that have to consolidate them, if the Fed- cels that have been offered since 2005 the Speaker and majority leader are eral Government has to have their con- are down 88 percent. The amount of perfectly content with that character- trol and grasp over the entire thing, we acres that are offered for development ization of their work. Congress doesn’t should do it in a way that provides of resources are down 85 percent. And have to be this way. some kind of flexibility and some kind what is most sad is the amount of rev- It isn’t always like this. It wasn’t of rationalization so it can ebb and enue that is produced both to the State like this when I came here in 1992. It flow in the future as the market re- and to the Federal Government from was not like this for the greater por- quires it to do. onshore development since 2005, which tion of a decade after I came here in We passed a bill not just that allowed is down 99 percent. 1992. Instead of appointing budget con- them not to double, but we passed a A lease is simply not, as has been ferees, instead of passing a farm bill in bill here on this floor which solved the stated, the green light to start drilling. a bipartisan way, instead of fixing the problem. The fact that the Senate does A release simply says you start the pending student loan interest rate, in- not wish to solve the problem is some- process. And part of the problem with stead of replacing the sequester that thing that I find sad. But we solved the the releases both onshore and offshore has been monstrously all over this Na- problem, and we did it in a timely fash- has been the inability of the Federal tion hindering our economic recovery ion. Government to do so in a reasonable and instead of preventing us from yet The great speeches that I heard fashion. On onshore lease development another game of chicken, which we will today—and they were very good and there is regulation that says it must be be doing sometime in the fall over the their verbiage was better than mine— done in a 6-month period of time to debt ceiling, we’re considering three should be given over in the Senate move forward from the initial sale and purely political bills that will only cre- where it can do some good. to which the lease is then offered so ate more partisanship among us and I also want to talk about a couple of the company can start its drilling proc- might, I add, ain’t going nowhere. other issues that I’ve heard, that these ess. Yet in a survey done by GAO, 91 Mr. Speaker, Congress can and must particular bills in this rule would vio- percent of the time, that 6-month do better. late states rights’ agreements, even standard has not been met onshore. I urge a ‘‘no’’ vote on the rule, and I though the issue at hand is only those Part of H.R. 2231 is a reorganization yield back the balance of my time. waters and coastal waters that are a of the administrative function that Mr. BISHOP of Utah. Mr. Speaker, I part of the Federal preserve and does deals with how these leases are devel- yield myself such time as I may con- not talk about State waters whatso- oped and how they proceed going for- sume. ever. ward. By taking one agency, which has I appreciate the opportunity of being We talked about in H.R. 1613 a poison had a very poor record and dividing it part of a debate that covered a smor- pill being inserted into that provision into three with specific responsibil- gasbord of ideas. Let me just respond that exempts Dodd-Frank. Somehow I ities, we think we can streamline this to several of those that have been pre- wish we could actually go back to the process and make sure that what we sented in the last lead-up to the vote person who actually inserted that pro- are doing on the Outer Continental on this particular amendment. vision in there because it was Sec- Shelf is far more effective than what As I said before, I’m a teacher. I care retary Hillary Clinton. That’s part of we are doing on Federal lands onshore, greatly about education. I’m especially the negotiations we did as a country where all we are having is stalling frustrated with the way Congress has with the Mexican Government; and it’s delays and a lack of production and a passed or handled the student loan pro- logical that it is in there because it lack of revenue coming from them. vision. gives some protection to U.S. compa- It was once said to the chairman of Several years ago, while the Demo- nies that, if that language was not in the Natural Resources Committee that crats were in control—I’m trying not there, could be forced either to violate if he had a better idea, do it. In all due to be too partisan, but they were in Federal laws or violate foreign laws respect, he has a better idea. That bet- control—we changed the law that dealt and face civil penalties or cease to op- ter idea is the two bills before us right with student loans to consolidate that erate in foreign countries. now, H.R. 2231, and the other bill, authority within the Federal Govern- I can understand why the Secretary which is H.R. 1613. Those are good ment. By doing so, we crushed private- of State at the time did negotiate that ideas. They will move us forward. State partnership plans that were an portion that is in there. That’s not the They’re the things we ought to do to excellent avenue for loans that stu- poison pill. That’s simply what is in prepare. dents could use. They could get breaks the negotiated settlement. All we’re I think it’s a great rule that is allow- depending on their repayment habits. doing with this bill is enacting it, put- ing that and allowing the appropria- It was a marvelous program, but it was ting it into place, and allowing us to tion bill to come through in an open stopped in an effort to try to consoli- move forward with what has been sim- rule, allowing anyone who has an idea date everything here within Congress. ply negotiated on resource areas that that he or she wishes to bring to the Since that time, we have played silly straddle international lines. floor the opportunity to do so. games of brinksmanship that deal with I’m also somewhat frustrated with With that, this is a fair rule. It deals what the rate should be and what the the statement that we might as well with an appropriations process, as well rate might be. use the leases that we currently have. as two bills that are good bills that

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.026 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4055 will help people. Especially after yes- mand for the previous question passes the [Roll No. 289] control of the resolution to the opposition’’ terday’s speech, we should have an en- YEAS—228 in order to offer an amendment. On March ergy policy in this country aimed at Aderholt Gowdy Petri helping middle class Americans, not 15, 1909, a member of the majority party of- fered a rule resolution. The House defeated Alexander Granger Pittenger Amash Graves (GA) Pitts one that simply says, freeze in the the previous question and a member of the dark, especially if you’re poor. That’s Amodei Graves (MO) Poe (TX) opposition rose to a parliamentary inquiry, Bachmann Griffin (AR) Pompeo the best thing we are going to be able asking who was entitled to recognition. Bachus Griffith (VA) Posey to do. Speaker Joseph G. Cannon (R-Illinois) said: Barletta Grimm Price (GA) ‘‘The previous question having been refused, Barr Guthrie Radel b 1330 the gentleman from New York, Mr. Fitz- Barton Hall Reed These bills move us forward. We gerald, who had asked the gentleman to Benishek Hanna Reichert Bentivolio Harper Renacci should vote for them. With that, hav- yield to him for an amendment, is entitled to Bilirakis Harris Ribble ing failed at my effort to give you good the first recognition.’’ Bishop (UT) Hartzler Rice (SC) verbiage, in which case I’m sorry The Republican majority may say ‘‘the Black Hastings (WA) Rigell you’re holding the cane there, I hope vote on the previous question is simply a Blackburn Heck (NV) Roby vote on whether to proceed to an immediate Bonner Hensarling Roe (TN) you’re using that only to navigate Boustany Herrera Beutler Rogers (AL) around this floor and it will not be- vote on adopting the resolution [and] has no Brady (TX) Holding Rogers (KY) substantive legislative or policy implica- come a weapon in the future. Bridenstine Hudson Rogers (MI) tions whatsoever.’’ But that is not what they Brooks (AL) Huelskamp Rohrabacher The material previously referred to have always said. Listen to the Republican Brooks (IN) Huizenga (MI) Rokita by Mr. HASTINGS of Florida is as fol- Leadership Manual on the Legislative Proc- Broun (GA) Hultgren Rooney lows: ess in the United States House of Represent- Buchanan Hunter Ros-Lehtinen atives, (6th edition, page 135). Here’s how the Bucshon Hurt Roskam AN AMENDMENT TO H. RES. 274 OFFERED BY Burgess Issa Ross MR. HASTINGS OF FLORIDA Republicans describe the previous question Calvert Jenkins Rothfus vote in their own manual: ‘‘Although it is At the end of the resolution, add the fol- Camp Johnson (OH) Royce generally not possible to amend the rule be- Campbell Johnson, Sam Runyan lowing new sections: cause the majority Member controlling the Cantor Jones Ryan (WI) SEC. 8. Immediately upon adoption of this time will not yield for the purpose of offering Capito Jordan Salmon resolution the Speaker shall, pursuant to an amendment, the same result may be Carter Joyce Sanford clause 2(b) of rule XVIII, declare the House Cassidy Kelly (PA) Scalise achieved by voting down the previous ques- resolved into the Committee of the Whole Chabot King (IA) Schock tion on the rule . . . When the motion for the House on the state of the Union for consider- Chaffetz King (NY) Schweikert previous question is defeated, control of the ation of the bill (H.R. 1595) to amend the Coble Kingston Scott, Austin time passes to the Member who led the oppo- Coffman Kinzinger (IL) Sensenbrenner Higher Education Act of 1965 to extend the sition to ordering the previous question. Cole Kline Shimkus reduced interest rate for Federal Direct Staf- That Member, because he then controls the Collins (GA) Labrador Shuster ford Loans. The first reading of the bill shall time, may offer an amendment to the rule, Collins (NY) LaMalfa Simpson be dispensed with. All points of order against Conaway Lamborn Smith (MO) or yield for the purpose of amendment.’’ consideration of the bill are waived. General Cook Lance Smith (NE) debate shall be confined to the bill and shall In Deschler’s Procedure in the U.S. House Cotton Lankford Smith (NJ) not exceed one hour equally divided and con- of Representatives, the subchapter titled Cramer Latham Smith (TX) Crawford Latta Southerland trolled by the chair and ranking minority ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule Crenshaw LoBiondo Stewart member of the Committee on Education and Culberson Long Stivers the Workforce. After general debate the bill [a special rule reported from the Committee Daines Lucas Stockman shall be considered for amendment under the on Rules] opens the resolution to amend- Davis, Rodney Luetkemeyer Stutzman five-minute rule. All points of order against ment and further debate.’’ (Chapter 21, sec- Denham Lummis Terry provisions in the bill are waived. At the con- tion 21.2) Section 21.3 continues: ‘‘Upon re- Dent Marchant Thompson (PA) clusion of consideration of the bill for jection of the motion for the previous ques- DeSantis Marino Thornberry DesJarlais Massie Tiberi amendment the Committee shall rise and re- tion on a resolution reported from the Com- mittee on Rules, control shifts to the Mem- Diaz-Balart McCarthy (CA) Tipton port the bill to the House with such amend- Duffy McClintock Turner ments as may have been adopted. The pre- ber leading the opposition to the previous Duncan (SC) McHenry Upton vious question shall be considered as ordered question, who may offer a proper amendment Duncan (TN) McKeon Valadao on the bill and amendments thereto to final or motion and who controls the time for de- Ellmers McKinley Wagner passage without intervening motion except bate thereon.’’ Farenthold Meadows Walberg one motion to recommit with or without in- Fitzpatrick Meehan Walden Clearly, the vote on the previous question Fleischmann Messer Walorski structions. If the Committee of the Whole on a rule does have substantive policy impli- Fleming Mica Weber (TX) rises and reports that it has come to no reso- cations. It is one of the only available tools Flores Miller (FL) Webster (FL) lution on the bill, then on the next legisla- for those who oppose the Republican major- Forbes Miller (MI) Wenstrup tive day the House shall, immediately after ity’s agenda and allows those with alter- Fortenberry Miller, Gary Westmoreland the third daily order of business under clause native views the opportunity to offer an al- Foxx Mullin Whitfield 1 of rule XIV, resolve into the Committee of ternative plan. Franks (AZ) Mulvaney Williams the Whole for further consideration of the Frelinghuysen Murphy (PA) Wilson (SC) Mr. BISHOP of Utah. I yield back the Gardner Noem Wittman bill. Garrett Nugent Wolf SEC. 9. Clause 1(c) of rule XIX shall not balance of my time, and I move the Gerlach Nunes Womack apply to the consideration of H.R. 595 as previous question on the resolution. Gibbs Nunnelee Woodall specified in section 8 of this resolution. The SPEAKER pro tempore. The Gibson Olson Yoder THE VOTE ON THE PREVIOUS QUESTION: WHAT IT Gingrey (GA) Palazzo Yoho question is on ordering the previous Gohmert Paulsen Young (AK) REALLY MEANS question. Goodlatte Pearce Young (FL) This vote, the vote on whether to order the Gosar Perry Young (IN) previous question on a special rule, is not The question was taken; and the merely a procedural vote. A vote against or- Speaker pro tempore announced that NAYS—194 dering the previous question is a vote the ayes appeared to have it. Andrews Capuano Crowley against the Republican majority agenda and Barber Ca´ rdenas Cuellar a vote to allow the Democratic minority to Mr. HASTINGS of Florida. Mr. Barrow (GA) Carney Cummings offer an alternative plan. It is a vote about Speaker, on that I demand the yeas Bass Carson (IN) Davis (CA) what the House should be debating. and nays. Beatty Cartwright Davis, Danny Becerra Castor (FL) DeFazio Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Bera (CA) Castro (TX) DeGette House of Representatives (VI, 308–311), de- Bishop (GA) Chu Delaney scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- Bishop (NY) Cicilline DeLauro the rule as ‘‘a motion to direct or control the ant to clause 9 of rule XX, the Chair Blumenauer Clay DelBene consideration of the subject before the House will reduce to 5 minutes the minimum Bonamici Cleaver Deutch being made by the Member in charge.’’ To time for any electronic vote on the Brady (PA) Clyburn Dingell defeat the previous question is to give the Braley (IA) Cohen Doggett question of adoption. Brown (FL) Connolly Doyle opposition a chance to decide the subject be- The vote was taken by electronic de- Brownley (CA) Conyers Duckworth fore the House. Cannon cites the Speaker’s Bustos Cooper Edwards ruling of January 13, 1920, to the effect that vice, and there were—yeas 228, nays Butterfield Costa Ellison ‘‘the refusal of the House to sustain the de- 194, not voting 12, as follows: Capps Courtney Engel

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.027 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4056 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Enyart Lipinski Rangel Ms. WASSERMAN SCHULTZ. Thank Barton Grimm Pompeo Eshoo Loebsack Richmond you very much to my cocaptain, the Benishek Guthrie Posey Esty Lofgren Roybal-Allard Bentivolio Hall Price (GA) Farr Lowenthal Ruiz gentlelady from West Virginia, and to Bilirakis Hanna Radel Fattah Lowey Ruppersberger all of our sisters on the Congressional Bishop (UT) Harper Reed Foster Lujan Grisham Rush Women’s Softball team. Black Harris Reichert Frankel (FL) (NM) Ryan (OH) Blackburn Hartzler Renacci Fudge Luja´ n, Ben Ray Sa´ nchez, Linda The gentlelady from West Virginia is Bonner Hastings (WA) Ribble Gabbard (NM) T. absolutely right; we may not always Boustany Heck (NV) Rice (SC) Gallego Lynch Sanchez, Loretta agree in the boundaries and walls of Brady (TX) Hensarling Rigell Garamendi Maffei Sarbanes this room, but I think all of us can Bridenstine Herrera Beutler Roby Garcia Maloney, Sean Schakowsky Brooks (AL) Holding Roe (TN) Grayson Markey Schiff agree that we want to defeat the com- Brooks (IN) Hudson Rogers (AL) Green, Al Matheson Schneider mon adversary—that is, the press Broun (GA) Huelskamp Rogers (KY) Green, Gene Matsui Schrader corps. Buchanan Huizenga (MI) Rogers (MI) Grijalva McCollum Schwartz Bucshon Hultgren Rohrabacher Gutie´rrez McDermott Scott (VA) We have been out there for the last 2 Burgess Hunter Rokita Hahn McGovern Scott, David Calvert Hurt months at 7 in the morning two or Rooney Hanabusa McIntyre Serrano Camp Issa three times a week. None of us can be- Ros-Lehtinen Hastings (FL) McNerney Sewell (AL) Campbell Jenkins Roskam Heck (WA) Meeks Shea-Porter lieve that we actually all get out there Cantor Johnson (OH) Ross Higgins Meng Sherman at the crack of dawn to make sure that Capito Johnson, Sam Rothfus Himes Michaud Sinema Carter Jones we can build our skills, build camara- Royce Hinojosa Miller, George Sires derie, make sure that we come to- Cassidy Jordan Holt Moore Slaughter Chabot Joyce Runyan Honda Moran Speier gether around a true common purpose. Chaffetz Kelly (PA) Ryan (WI) Horsford Murphy (FL) Swalwell (CA) We also thank our adversaries, whom Coble King (IA) Salmon Hoyer Napolitano Takano we will defeat tonight when we take Coffman King (NY) Sanford Huffman Neal Thompson (CA) Cole Kingston Scalise Israel Negrete McLeod Thompson (MS) the field and make sure that we take Collins (GA) Kinzinger (IL) Schock Jackson Lee Nolan Tierney the trophy back for the women Mem- Collins (NY) Kline Schweikert Jeffries O’Rourke Titus bers. Conaway Labrador Scott, Austin Johnson (GA) Owens Tonko Cook LaMalfa Sensenbrenner Kaptur Pallone Tsongas We’ve only won one out of the last Cotton Lamborn Sessions Keating Pascrell Van Hollen four games, but the fifth time is a Cramer Lance Shimkus Kelly (IL) Pastor (AZ) Vargas charm. This is the fifth annual game. Crawford Lankford Shuster Kennedy Payne Veasey It happens to coincide with my own 5- Crenshaw Latham Simpson Kildee Pelosi Vela Culberson Latta Smith (MO) Kilmer Perlmutter Vela´ zquez year anniversary of being a survivor of Daines LoBiondo Smith (NE) Kind Peters (CA) Visclosky breast cancer. And the importance of Davis, Rodney Long Smith (NJ) Kirkpatrick Peters (MI) Walz this game is really that we all are fo- Denham Lucas Smith (TX) Kuster Peterson Wasserman cused on raising money for an incred- Dent Luetkemeyer Southerland Langevin Pingree (ME) Schultz DeSantis Lummis Stewart Larsen (WA) Pocan Waters ible charity, the Young Survival Coali- DesJarlais Marchant Stivers Larson (CT) Polis Waxman tion. We are headed for a record-break- Diaz-Balart Marino Stockman Lee (CA) Price (NC) Welch ing fundraising year. Duckworth Massie Stutzman Levin Quigley Wilson (FL) Duffy McCarthy (CA) I want to thank the majority whip in Terry Lewis Rahall Yarmuth Duncan (SC) McClintock Thompson (PA) particular for making sure that the Duncan (TN) McHenry NOT VOTING—12 Thornberry schedule accommodated everybody Ellmers McKeon Tiberi Clarke McCarthy (NY) Neugebauer coming to the game. This is going to be Farenthold McKinley Tipton Fincher McCaul Sessions Fitzpatrick Meadows a fun family event. Bring your kids. We Turner Johnson, E. B. McMorris Smith (WA) Fleischmann Meehan Upton Fleming Messer Maloney, Rodgers Watt have face painting and a fun zone and Valadao Flores Mica Carolyn Nadler all kinds of food and a great time. We Vela´ zquez Forbes Miller (FL) Wagner b 1357 have already presold more than 1,000 Fortenberry Miller (MI) Walberg tickets before we even get to the door. Foxx Miller, Gary Messrs. PERLMUTTER, HIGGINS, Walden So thank you so much. Come cheer Franks (AZ) Mullin of Texas, and VELA and Frelinghuysen Mulvaney Walorski Ms. DUCKWORTH changed their vote on the women Members tonight at 7 Gardner Murphy (PA) Weber (TX) Webster (FL) from ‘‘yea’’ to ‘‘nay.’’ o’clock, Watkins Recreation Center, Garrett Noem Gerlach Nugent Wenstrup So the previous question was ordered. 12th and D Southeast. Take the East- Westmoreland ern Market or Potomac Avenue Metro. Gibbs Nunes The result of the vote was announced Gibson Nunnelee Whitfield as above recorded. On to victory for the Congressional Gingrey (GA) Olson Williams Women’s Softball team. Gohmert Owens Wilson (SC) (By unanimous consent, Mrs. CAPITO Wittman Mrs. CAPITO. Thank you, Mr. Speak- Goodlatte Palazzo was allowed to speak out of order.) Gosar Paulsen Wolf WOMEN’S CONGRESSIONAL SOFTBALL GAME er. I yield back the balance of my time. Gowdy Pearce Womack Mrs. CAPITO. To my colleagues, to- The SPEAKER pro tempore. Without Granger Perry Woodall objection, 5-minute voting will con- Graves (GA) Peters (CA) Yoder night is a very exciting night for the Graves (MO) Petri Yoho women of the House, the women’s soft- tinue. Grayson Pittenger Young (AK) ball team of the House—and the men of There was no objection. Griffin (AR) Pitts Young (FL) the House, and really all families The SPEAKER pro tempore. The Griffith (VA) Poe (TX) Young (IN) question is on the resolution. across America—for our fifth annual NAYS—187 women’s softball team. Our game is to- The question was taken; and the Andrews Cartwright Delaney night at 7 o’clock at Watkins Field. Speaker pro tempore announced that Barrow (GA) Castor (FL) DeLauro I am the cocaptain of the team with the ayes appeared to have it. Bass Castro (TX) DelBene my esteemed colleague from Florida. Mr. HASTINGS of Florida. Mr. Beatty Chu Deutch Speaker, on that I demand the yeas Becerra Cicilline Dingell And we have trouble agreeing on a lot Bera (CA) Clay Doggett of things, but I know everybody in this and nays. Bishop (GA) Cleaver Doyle room today will want us to win because The yeas and nays were ordered. Bishop (NY) Clyburn Edwards our opponents are the press. The SPEAKER pro tempore. This is a Blumenauer Cohen Ellison Bonamici Connolly Engel So I want to just briefly say thank 5-minute vote. Brady (PA) Conyers Enyart you to everybody who’s been involved The vote was taken by electronic de- Braley (IA) Cooper Eshoo in this. We’ve had a lot of great coach- vice, and there were—yeas 235, nays Brown (FL) Costa Esty Brownley (CA) Courtney Farr es and we’ve had a lot of outside help. 187, not voting 12, as follows: Bustos Crowley Fattah We’ve had a lot of fun getting to know [Roll No. 290] Butterfield Cuellar Foster Capps Cummings Frankel (FL) each other again and even better. YEAS—235 I’d like to yield to my cocaptain who Capuano Davis (CA) Fudge Aderholt Amodei Barber Ca´ rdenas Davis, Danny Gabbard hatched this idea and have her talk a Alexander Bachmann Barletta Carney DeFazio Gallego little bit about why we’re doing this. Amash Bachus Barr Carson (IN) DeGette Garamendi

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JN7.008 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4057 Garcia Luja´ n, Ben Ray Rush PERMITTING OFFICIAL PHOTO- submitted a privileged report (Rept. Green, Al (NM) Ryan (OH) GRAPHS OF THE HOUSE OF REP- No. 113–133) on the resolution (H. Res. Green, Gene Lynch Sa´ nchez, Linda Grijalva Maffei T. RESENTATIVES TO BE TAKEN 278) dismissing the election contest re- Gutie´rrez Maloney, Sean Sanchez, Loretta WHILE THE HOUSE IS IN ACTUAL lating to the office of Representative Hahn Markey Sarbanes SESSION ON A DATE DES- from the Forty Third Congressional Hanabusa Matheson Schakowsky Hastings (FL) Matsui Schiff IGNATED BY THE SPEAKER District of California, which was re- Heck (WA) McCollum Schneider Mrs. MILLER of Michigan. Madam ferred to the House Calendar and or- Higgins McDermott Schrader Speaker, I ask unanimous consent that dered to be printed. Himes McGovern Schwartz Hinojosa McNerney the Committee on House Administra- Mrs. MILLER of Michigan. Madam Scott (VA) Speaker, I call up House Resolution 278 Holt Meeks Scott, David tion be discharged from further consid- Honda Meng Serrano eration of House Resolution 270, and and ask unanimous consent for its im- Horsford Michaud Sewell (AL) ask for its immediate consideration in mediate consideration in the House. Hoyer Miller, George Shea-Porter Huffman Moore The Clerk read the title of the resolu- Sherman the House. Israel Moran tion. Sinema The Clerk read the title of the resolu- Jackson Lee Murphy (FL) Sires The SPEAKER pro tempore. Is there Jeffries Napolitano tion. Slaughter objection to the request of the gentle- Johnson (GA) Neal The SPEAKER pro tempore (Ms. Speier Kaptur Negrete McLeod FOXX). Is there objection to the request woman from Michigan? Keating Nolan Swalwell (CA) There was no objection. Takano of the gentlewoman from Michigan? Kelly (IL) O’Rourke There was no objection. The text of the resolution is as fol- Kennedy Pallone Thompson (CA) Kildee Pascrell Thompson (MS) The text of the resolution is as fol- lows: Kilmer Pastor (AZ) Tierney lows: H. RES. 278 Kind Payne Titus Tonko H. RES. 270 Resolved, That the election contest relating Kirkpatrick Pelosi to the office of Representative from the Kuster Perlmutter Tsongas Resolved, That on such date as the Speaker Langevin Peters (MI) Van Hollen of the House of Representatives may des- Forty Third Congressional District of Cali- Larsen (WA) Peterson Vargas ignate, official photographs of the House fornia is dismissed. Larson (CT) Pingree (ME) Veasey may be taken while the House is in actual The resolution was agreed to. Vela Lee (CA) Pocan session. Payment for the costs associated A motion to reconsider was laid on Levin Polis Visclosky with taking, preparing, and distributing such Walz the table. Lewis Price (NC) photographs may be made from the applica- Lipinski Quigley Wasserman f Loebsack Rahall Schultz ble accounts of the House of Representatives. Lofgren Rangel Waters The resolution was agreed to. ANNOUNCEMENT BY THE SPEAKER Lowenthal Richmond Waxman A motion to reconsider was laid on PRO TEMPORE Lowey Roybal-Allard Welch Lujan Grisham Ruiz Wilson (FL) the table. The SPEAKER pro tempore. Pursu- (NM) Ruppersberger Yarmuth f ant to clause 8 of rule XX, the Chair NOT VOTING—12 DISMISSING THE ELECTION CON- will postpone further proceedings today on the motion to suspend the Clarke McCarthy (NY) Nadler TEST RELATING TO THE OFFICE Fincher McCaul Neugebauer OF REPRESENTATIVE FROM THE rules on which a recorded vote or the Johnson, E. B. McIntyre Smith (WA) NINTH CONGRESSIONAL DIS- yeas and nays are ordered, or on which Maloney, McMorris Watt TRICT OF TENNESSEE the vote incurs objection under clause Carolyn Rodgers 6 of rule XX. Mrs. MILLER of Michigan, from the Any record vote on the postponed Committee on House Administration, b 1409 question will be taken later. submitted a privileged report (Rept. So the resolution was agreed to. No. 113–132) on the resolution (H. Res. f 277) dismissing the election contest re- The result of the vote was announced INSPECTOR GENERAL INVESTIGA- lating to the office of Representative TION OF ALLEGATIONS OF RE- as above recorded. from the Ninth Congressional District TALIATORY PERSONNEL AC- A motion to reconsider was laid on of Tennessee, which was referred to the TIONS TAKEN IN RESPONSE TO the table. House Calendar and ordered to be MAKING PROTECTED COMMU- printed. NICATIONS REGARDING SEXUAL PERSONAL EXPLANATION Mrs. MILLER of Michigan. Madam ASSAULT Mrs. MCMORRIS RODGERS. Mr. Speaker, Speaker, I call up House Resolution 277 Mrs. WALORSKI. Madam Speaker, I on rollcall No. 289 on Ordering the Previous and ask unanimous consent for its im- move to suspend the rules and pass the Question, H. Res. 274, A resolution providing mediate consideration in the House. bill (H.R. 1864) to amend title 10, The Clerk read the title of the resolu- for the consideration of H.R. 1613—Outer United States Code, to require an In- tion. Continental Shelf Transboundary Hydrocarbon The SPEAKER pro tempore. Is there spector General investigation of allega- Agreements Authorization Act, H.R. 2231— objection to the request of the gentle- tions of retaliatory personnel actions Offshore Energy and Jobs Act, and H.R. woman from Michigan? taken in response to making protected 2410—Agriculture, Rural Development, Food There was no objection. communications regarding sexual as- and Drug Administration, and Related Agen- The text of the resolution is as fol- sault. The Clerk read the title of the bill. cies Appropriations Act, 2014, I am not re- lows: The text of the bill is as follows: corded because I was absent due to a death H. RES. 277 H.R. 1864 in the family. Had I been present, I would Resolved, That the election contest relating Be it enacted by the Senate and House of Rep- have voted ‘‘yea.’’ to the office of Representative from the Ninth Congressional District of Tennessee is resentatives of the United States of America in Mr. Speaker, on rollcall No. 290 on Agree- dismissed. Congress assembled, ing to the Resolution, H. Res. 274, A resolu- The resolution was agreed to. SECTION 1. INSPECTOR GENERAL INVESTIGA- TION OF ALLEGATIONS OF RETALIA- tion providing for the consideration of H.R. A motion to reconsider was laid on TORY PERSONNEL ACTIONS TAKEN 1613—Outer Continental Shelf Transboundary the table. IN RESPONSE TO MAKING PRO- Hydrocarbon Agreements Authorization Act, f TECTED COMMUNICATIONS RE- GARDING SEXUAL ASSAULT. H.R. 2231—Offshore Energy and Jobs Act, DISMISSING THE ELECTION CON- Section 1034(c)(2)(A) of title 10, United and H.R. 2410—Agriculture, Rural Develop- TEST RELATING TO THE OFFICE States Code, is amended by striking ‘‘sexual ment, Food and Drug Administration, and Re- OF REPRESENTATIVE FROM THE harassment or’’ and inserting ‘‘rape, sexual lated Agencies Appropriations Act, 2014, I am FORTY THIRD CONGRESSIONAL assault, or other sexual misconduct in viola- DISTRICT OF CALIFORNIA tion of sections 920 through 920c of this title not recorded because I was absent due to a (articles 120 through 120c of the Uniform death in the family. Had I been present, I Mrs. MILLER of Michigan, from the Code of Military Justice), sexual harass- would have voted ‘‘yea.’’ Committee on House Administration, ment, or’’.

VerDate Mar 15 2010 02:55 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A26JN7.007 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4058 CONGRESSIONAL RECORD — HOUSE June 26, 2013 The SPEAKER pro tempore. Pursu- seeks to remove many of the fears and Madam Speaker, I reserve the bal- ant to the rule, the gentlewoman from stigmas that deter reporting. The bill ance of my time. Indiana (Mrs. WALORSKI) and the gen- requires an inspector general investiga- Mrs. WALORSKI. Madam Speaker, I tlewoman from California (Ms. LORET- tion into suspected retaliation in re- yield 2 minutes to my friend and col- TA SANCHEZ) each will control 20 min- sponse to allegations of sexual assault. league, the chairman of the Sub- utes. This bill also seeks to help create an committee on Tactical Air and Land The Chair recognizes the gentle- environment in the military where vic- Forces, the gentleman from Ohio (Mr. woman from Indiana. tims feel safe to come out of the dark- TURNER). GENERAL LEAVE ness and to report these crimes of sex- Mr. TURNER. Madam Speaker, in Mrs. WALORSKI. Madam Speaker, I ual violence. 2008, Maria Lauterbach, a female ma- rine from my community, stepped for- ask that all Members may have 5 legis- b 1420 lative days in which to revise and ex- ward to report a sexual assault from It is reported that 62 percent of the tend their remarks and insert extra- another marine. She was subsequently servicemembers who experienced un- neous material on the bill under con- viciously murdered by the accused. Her wanted sexual contact felt as if they mother, Mary Lauterbach, took up the sideration. were being retaliated against in one The SPEAKER pro tempore. Is there issue of sexual assault in the military, form or another. This is completely un- objection to the request of the gentle- and I have worked with her since 2008 acceptable. Troops who have sacrificed woman from Indiana? on legislative solutions and in trying so much for the cause of liberty should There was no objection. to change the culture in the military. not be subject to reprisal after having Mrs. WALORSKI. Madam Speaker, I With that, I rise today in support of just been subject to the emotional and yield myself such time as I may con- H.R. 1864, the work of Representative physical pain of a sexual crime. SANCHEZ and Representative WALORSKI, sume. H.R. 1864 is good policy, and the ur- Sexual assault in the military is as part of that effort for us to change gency of this issue demands that this the culture and to provide the tools to maiming our troops. These aren’t my Congress act today. Let’s be a voice for words. They are the words of General victims in the military. the countless victims who have already The problem in the military with Raymond Odierno, the Chief of Staff of come forward and for the countless sexual assault is clear: victims feel re- the Army. He likened military sexual more who are still unknown. Let’s send victimized by the system, and per- assault to other serious threats that a clear and resounding message to the petrators feel safe. Our efforts legisla- our troops face downrange. Department of Defense and to those tively are to change that dynamic in The threat of sexual assault in the preying on our troops, which is that which perpetrators feel unsafe so that military is real. The wounds it inflicts this type of behavior will no longer be we can rise to the level of preventing on our servicemembers are also just as tolerated. sexual assaults and, of course, to rally real. I ask my colleagues to do the right around victims so they feel safe. I introduced H.R. 1864 with my col- thing and join me in supporting this Last year, I had the opportunity to league and tireless advocate Congress- much-needed measure. attend a breakfast at the Commandant woman LORETTA SANCHEZ. The bill on I reserve the balance of my time. of the Marines’ home to discuss the the floor today is the product of a lot Ms. LORETTA SANCHEZ of Cali- issue of sexual assault in the military. of time and hard work. fornia. Madam Speaker, I yield myself During that breakfast, a female ma- I remember sitting in the House such time as I may consume. rine, a lieutenant colonel, spoke up and Armed Services Committee hearing I rise in support of H.R. 1864, intro- admitted that if she were sexually as- and becoming shocked as I learned duced by me and my good friend and saulted that she would not report it. firsthand about the widespread abuse colleague, Mrs. WALORSKI from Indi- She said the cost in the military is just at Lackland Air Force base. I remem- ana. too high. No one should serve in the ber thinking that our brave service- H.R. 1864 amends title X of the military and feel as if one who is sub- members deserve so much better and United States Code: to require an in- ject to a crime is less secure if one that those in charge deserve to be held spector general investigation of allega- steps forward and reports it, especially accountable. After that hearing, I went tions of retaliatory personnel actions a crime as heinous as sexual assault. to work. taken in response to making protected H.R. 1864 will strengthen military The bill we are debating today is a communications regarding sexual as- whistleblower protection laws by re- true bipartisan and bicameral reform sault. quiring that victims of sexual assault that gets to the heart of this issue. It As the lead Democratic sponsor of are protected from punishment or re- does so by addressing the challenges of this measure, I support the effort to prisal for reporting their attacks. sexual assault underreporting that has protect military whistleblowers Through the passage of this bipartisan become too common in the military. against reprisal for disclosing viola- legislation, introduced by Congress- The Pentagon estimates that there tions of law, for sexual assault and women WALORSKI and SANCHEZ, Con- were approximately 26,000 victims of other prohibitive sexual misconduct. gress has the opportunity to take the sexual assault last year. However, only As such, I am pleased that this bill was necessary step in providing victims roughly 3,600 victims actually filed re- also put into the National Defense Au- with the confidence, assurance, and ports. thorization Act just about 10 days ago peace of mind that they cannot be Many individuals don’t come forward on this House floor. threatened or punished for reporting a because they don’t have confidence in People have asked me: Why are you sexual assault. the military justice system. Others bringing this up as a stand-alone bill? Recently, the Department of Defense don’t come forward because they fear My answer is that, last year, we fin- indicated through a survey that 62 per- reprisal or they believe reporting an- ished and approved and got the NDAA cent of those who reported a sexual as- other servicemember will negatively signed on the 31st of December. sault felt that they were punished in impact their own career. This lack of This bill really cannot wait. We need the workplace for doing so by both reporting, for whatever reason, dem- it today in the military because the their superiors and their fellow co- onstrates that we have a real problem. biggest problem we have with respect workers. This bill will add that addi- Before we can truly understand the to sexual assault is that the victims— tional protection in which they can scope of sexual assault in the military the people who are being harassed and feel safe once they report the crimes and how to best confront it, we have to assaulted—are being retaliated against and as they move forward through find a way to encourage more victims in the workplace. We do need this. prosecution. to come forward. We have to find a way There is no room for misbehavior of I applaud Representatives SANCHEZ to empower the victims and restore any kind, which may hinder the readi- and WALORSKI for bringing this for- their faith in the military justice sys- ness, the morale, and the safety of our ward. Everyone should support H.R. tem. That’s what this bill does. units. I look forward to working with 1864. H.R. 1864 strengthens existing mili- my colleagues to ensure the passage of Ms. LORETTA SANCHEZ of Cali- tary whistleblower protections and this important language. fornia. Madam Speaker, I yield 11⁄2

VerDate Mar 15 2010 02:55 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.038 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4059 minutes to the gentlelady from New stating that this behavior is unaccept- 1864, a bill that bolsters existing mili- Hampshire (Ms. KUSTER), who has been able, that it is inexcusable and will no tary whistleblower protection laws to working on this issue quite hard. longer be tolerated. clarify that victims of criminal sexual Ms. KUSTER. Thank you, Represent- This legislation is part of a broader crimes are protected from punishment ative WALORSKI and Representative effort to do as much as we can to ad- for reporting those crimes. And I ap- SANCHEZ, for your friendship and for dress the problem. For too long, law- plaud my fellow Hoosier, JACKIE your leadership on this issue. makers, military officials, and civil- WALORSKI, and the others from the Today, I am proud to join my col- ians have discussed the need to bring Armed Services Committee in that this leagues in passing this bill to strength- an end to sexual assault. This bill is has been done in a bipartisan way. en whistleblower protections for those another opportunity to put words into Just this past weekend as a former who report sexual assaults in the mili- action and to take meaningful steps to U.S. attorney and a new Member of tary. This legislation will help ensure address this growing problem. We have Congress, I spoke to an Indiana state- that sexual trauma survivors and oth- a responsibility to ensure adequate wide victim assistance academy, and I ers who step forward do not face re- protections are in place, and we also shared with them the shocking statis- prisal for reporting these terrible have to provide physical and mental tics that they weren’t aware of—that crimes. support for those victims as well as to 26,000 members that you’ve already I am especially proud that, of the 110 insist on swift punishment for those heard about, members of our military, bipartisan cosponsors of this important who are responsible. were assaulted in 2012. That is a 34 per- reform, nearly 50 are members of the I am proud that Members on both cent increase from 2010. Only a fraction freshman class. I know that these new sides of the aisle have worked on this of these victims file reports, and their Representatives are committed to bill as well as on other measures that abusers remain in the military to as- working across the aisle in making we have previously passed as part of sault again. Why? For the same rea- commonsense reforms and getting the Defense Authorization Act. It is sons that victims in our civilian crimi- things done for the American people. only the start of a process that will nal justice system face: they are afraid. This important legislation proves that change the culture in the military. It They face fear. And more than 60 per- Congress can work together to do the will establish a safe environment for cent of those victims in the military right thing for the American people, all individuals—for service men and never do report and come forward. But and what better issue is there to part- women—but we have to continue to do these victims just aren’t on our mili- ner on than in strengthening protec- all that we can to solve this problem. tary bases, they come home and they tions for the men and women of our Ms. LORETTA SANCHEZ of Cali- live in our communities. They may be Armed Forces. This critical reform is a fornia. Madam Speaker, I now yield 1 reserve officers, they may be in our Na- great step forward in further pro- minute to the ranking member on the tional Guards, and they are active en- tecting our heroes in uniform who take House Armed Services Subcommittee listed officers and personnel. the extra heroic step of coming forward on Military Personnel, the gentlelady Unless we stop this retaliation that to blow the whistle on military sexual from California (Mrs. DAVIS). these victims face, fewer and fewer as- crimes. b 1430 sault victims will come forward and re- It has been an honor to work with port, and more and more attackers will you all to help build support for this Mrs. DAVIS of California. Madam remain free to commit these crimes, legislation. I urge my colleagues to Speaker, I certainly want to thank my and not just on our bases. These crimes support H.R. 1864 and to continue to colleagues on both sides of the aisle be- often don’t happen just once with one work together to end sexual violence in cause I think we’ve seen how people woman or, yes, one man. These will the military. can come together on a serious issue happen again and again if the assailant Mrs. WALORSKI. Madam Speaker, I like this that really does affect our na- and the perpetrator is not brought to yield 2 minutes to my friend and col- tional security. justice. league, a member of the Committee on What’s so important about this bill is If we want to end the epidemic of sex- Armed Services, the gentlelady from I think it sends a message. It sends a ual assault in our military, we must South Dakota (Mrs. NOEM). message to perpetrators. But more ensure that these victims come forward Mrs. NOEM. I thank the gentlelady than that, it sends a message to by- to report their assault without fear for yielding. standers that responding to bad behav- that they will be victimized again by Madam Speaker, I would like to ior is an important and critical thing the institution, the military they’ve thank my colleagues for their hard to do. We can celebrate the good behav- chosen to serve. work and leadership on this issue, and ior, and I think this is also a way of I urge my colleagues to support this I am very proud to stand up in support sending that message. But we’re saying important legislation. of this legislation. that bad behavior will not be tolerated. Ms. LORETTA SANCHEZ of Cali- The number is staggering—26,000. We see this not just in our Armed fornia. Madam Speaker, I inquire as to That’s how many military members Forces, but we see it around the coun- how much time remains on this side. were sexually assaulted last year try, as well. The SPEAKER pro tempore. The gen- alone, and thousands more were unwill- Just recently, General Morrison of tlewoman from California has 151⁄2 min- ing to come forward. Australia had a very, I think, concise utes remaining, and the gentlewoman Research has shown that victims and strong message to his troops in from Indiana has 101⁄2 minutes remain- only report, roughly, 14 percent of all saying that the standard that you walk ing. sexual assaults to law enforcement. past is the standard that you uphold. Ms. LORETTA SANCHEZ of Cali- Many who choose not to come forward Let’s uphold the highest standard. Re- fornia. Madam Speaker, I reserve the may not have the confidence that they taliation drives people from not report- balance of my time as I have no more will actually receive justice. They may ing sexual abuse and sexual crimes. We speakers. fear that reporting a fellow service- need it to be okay to report because if Mrs. WALORSKI. Madam Speaker, I member will result in threats or could people are fearing for their career or yield 3 minutes to my freshman friend negatively impact their careers. A re- fearing that somehow they’re going to and colleague, the gentleman from Illi- cent DOD report showed that 62 per- be so demoralized by reporting, that’s nois (Mr. RODNEY DAVIS). cent of victims who reported sexual as- not going to work. Mr. RODNEY DAVIS of Illinois. saults faced some kind of retaliation. This is a good bill, and I applaud all Madam Speaker, I rise today in support That’s terrible. my colleagues for supporting it. of H.R. 1864. This legislation addresses This legislation is going to provide Mrs. WALORSKI. Madam Speaker, I a serious problem in our military—sex- safeguards and additional protections yield 2 minutes to my friend and col- ual assault. for victims. By requiring an inspector league, the gentlelady from Indiana Today’s legislation is absolutely crit- general investigation into any allega- (Mrs. BROOKS). ical for creating an environment where tions of retaliatory personnel actions Mrs. BROOKS of Indiana. Madam victims feel comfortable enough to re- taken against victims, we are clearly Chair, I rise today in support of H.R. port crimes of sexual violence. I’m

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.040 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4060 CONGRESSIONAL RECORD — HOUSE June 26, 2013 proud to be a cosponsor of this impor- As a mother with a son currently in fixing this problem and shows that tant piece of legislation. With reports serving in the 101st Airborne, I know we take these allegations very seri- of 26,000 instances of unwanted sexual all too well the many hardships and ously. contact, we must continue to address sacrifices that our military men and Madam Speaker, I urge all of my col- this unacceptable culture within our women face while protecting our coun- leagues to vote in favor of this bipar- military. The lack of reporting in in- try. Every precious moment I have to tisan bill that will help protect our stances of sexual assault is alarming to be able to call or Skype with my son, servicemembers as they protect us. say the least. I am constantly reminded of all of the Mrs. WALORSKI. Madam Speaker, I The Department of Defense estimates things that are on his and every other yield 2 minutes to my good friend and that only 14 percent of victims of sex- soldier’s mind as they are keeping our colleague, the gentlelady from Ten- ual abuse actually report assaults. country safe so that the rest of us can nessee (Mrs. BLACKBURN). Today I am voting to end this culture. have peace of mind back here at home. Mrs. BLACKBURN. Madam Speaker, I’m voting to encourage a reporting of Every servicemember from the Army, I want to express my gratitude to the sexual assault in an environment Navy, Air Force, Marines and Coast gentlewoman from Indiana (Mrs. where our soldiers will not fear for loss Guard bears such a heavy burden to WALORSKI) for the leadership she has of their job. which we all owe our utmost gratitude, brought to this issue, and for the bipar- My good friend and my colleague and it infuriates me to think that for tisan manner in which she and Rank- Congresswoman WALORSKI’s bill pro- many of these young men and women, ing Member SANCHEZ have approached vides protections against retaliation the situation of sexual assault is one of this issue to bring together a bill which for those that report instances of sex- the things they must deal with as they we can focus on, we can agree on, and ual abuse. Because of her bill, an inves- are preparing themselves to face the we can pass to address a problem that tigation must be launched in response enemy. does need our attention and our best to any retaliatory action taken against So it is with incredible sadness and efforts. someone that reports an instance of frustration that I come before you all We have heard about the 26,000 esti- sexual abuse. As a Nation, we have today to speak on the increasing inci- mated sexual assaults that are taking made great strides with women in the dence of sexual assault in our military place in our military each year. Now, military. We need to build upon our ef- and how very few of those cases end up as we look at those numbers, we have forts to ensure that these women are in being reported. For many victims of to look at the number that are re- an environment where they can feel sexual assault, the fear of retaliation ported—3,374. That is the number of re- safe. by other members of the military pre- ports—3,374. More stunning is the num- I have a daughter who is 2 years away vents them from reporting these ber of convictions—238 convictions. from being eligible to serve our coun- crimes, and as a result, they must bear That is what we have learned from this try in the military. I would like to the burden of their emotional and DOD report. As we’ve heard, the reason know if she chose to serve our country physical pain alone and in silence. given for the lack of reporting is be- that she would not be entering the type I stand here today to say that our cause so many fear retaliation and the of culture that currently exists. servicemembers who sacrifice so much fact that it would negatively impact I support this bill for all of the fa- for the cause of liberty and put them- their career. Sixty-two percent—62 per- thers like me and mothers and wives selves in the line of duty should have cent—give that as their reason. and kids who send their loved ones to absolutely no worries about their own I think the scope of the problem is serve in our great military in this liberties and whether they will face re- much larger than we know at this great Nation. We owe those men and taliation for reporting reprehensible point in time, and here is an example. women in uniform who sacrifice so and abusive crimes committed against On May 15, police arrested Fort Camp- much for this country a culture of re- them. bell’s sexual harassment prevention spect and security. manager on charges involving stalking b 1440 I know I will be thinking of those his ex-wife. That’s important to me victims as I vote today, and for all This legislation would hold the re- and my district because Fort Campbell those that felt their career would be sponsible individuals accountable for is in my district. Now, if you can’t turn hurt if they were to actually report an their actions and would require an in- to the people who are there to protect, instance of sexual assault. spector general investigation into alle- who are you going to go to when you I want to thank again my friend, my gations of retaliatory actions taken have one of these situations? colleague, Congresswoman WALORSKI, against victims who have reported al- As a woman and as a strong sup- for allowing me the time to speak and leged instances of rape, sexual assault, porter of our Nation’s military, I find for her leadership on this very impor- and other forms of sexual misconduct it absolutely appalling that any woman tant issue. in the military. Existing law already who has been the victim of crime I strongly support this bill and urge provides these whistleblower protec- should have to fear reporting her per- my colleagues to vote ‘‘yes’’ on H.R. tions for a member of the Armed petrator for fear of retaliation. 1864, providing protections to those Forces who reports sexual harassment. Again, Madam Speaker, I want to who report sexual assault in the mili- And by extending these protections to thank the two Members who have tary. reporting of more serious crimes of sex- worked so diligently on this, Mrs. Ms. LORETTA SANCHEZ of Cali- ual assault, it is not only just common WALORSKI and Ms. SANCHEZ. fornia. Madam Speaker, I continue to sense, it is simply the right thing to Ms. LORETTA SANCHEZ of Cali- reserve the balance of my time. do. And it needs to be done now. fornia. Madam Speaker, may I inquire Mrs. WALORSKI. Madam Speaker, I By doing nothing, we are implicitly how many speakers are left on the yield 31⁄2 minutes to my friend and col- allowing the continuation of this de- other side? league, the gentlelady from Missouri plorable behavior and allowing those Mrs. WALORSKI. I’m prepared to (Mrs. WAGNER). who have committed these crimes to go close. Mrs. WAGNER. I thank the gentle- unpunished. Not addressing sexual as- Ms. LORETTA SANCHEZ of Cali- woman from Indiana for yielding and sault in our military threatens to fornia. Madam Speaker, I yield myself for her leadership on this particular erode our Armed Forces from within the balance of my time to close. issue, and for the wonderful bipartisan and gives people considering enlisting, Madam Speaker, the United States support that we’ve all shown here along with their families, even more to military is an institution comprised of today. worry about as they consider the great men and women who have dedicated Madam Speaker, I rise today in sup- responsibility of serving our country. their lives to not only defending this port of this legislation that would cre- I am so proud of my son and the rest country but also upholding the values ate a safe reporting environment for of our Armed Forces, and I will do ev- of this Nation—the values of this Na- military sexual assault victims and erything to protect the integrity and tion. The values of this Nation say that would demand accountability from our the reputation of our military. This if you go into the workplace, you military leaders. legislation is the first step we can take should be treated equally, you should

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.041 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4061 be treated with respect. And when we of women. I stand today in support of the The question was taken. have sexual harassment and sexual as- armed forces, and in support of veterans, both The SPEAKER pro tempore. In the sault happening in the workplace, in male and female, all throughout this great opinion of the Chair, two-thirds being particular in our military, and when country. As our armed forces fight everyday to in the affirmative, the ayes have it. we have someone report and say, Hey, protect us, serve us, and guarantee our safe- Mrs. WALORSKI. Madam Speaker, this is happening, and then they are re- ty, it is, in turn, our duty to do all that we can on that I demand the yeas and nays. taliated against either because cowork- to protect them. The yeas and nays were ordered. ers are afraid to be around them or be- That is why I stand in support of H.R. 1864, The SPEAKER pro tempore. Pursu- cause higher-ups make an example of and implore my colleagues to do the same. ant to clause 8 of rule XX, further pro- them in some way, we have to say This bill not only ensures protection for whistle ceedings on this motion will be post- enough is enough. blowers and deters retaliation from complaints, poned. I think the time to pass this bill is but it also serves as an important step in guar- f now, and I want to thank the gentle- anteeing the safety of those who protect us. lady, the Hoosier across the way, for The Pentagon reported this spring that an b 1450 working in such a bipartisan manner to estimated 26,000 troops experienced sexual BUILDING AMERICA’S ENERGY get this done. I know there are so assault last year. This number is an estimate SECURITY many in the Congress who feel very because only 3,374 of the assaults were re- strongly that the sooner we protect the ported. Out of 26,000 assaults, only 3,000 The SPEAKER pro tempore (Mr. workplace, the better off this Nation were reported. That means that about 89% of BENTIVOLIO). Under the Speaker’s an- is. all assaults went unreported. And that’s only nounced policy of January 3, 2013, the With that, I yield back the balance of half the battle. Out of the more than 3,000 as- gentleman from North Dakota (Mr. my time. saults reported, less than 10% of the suspects CRAMER) is recognized for 60 minutes as Mrs. WALORSKI. Madam Speaker, I involved were convicted. Further, a report pub- the designee of the majority leader. yield myself the balance of my time. licized by the Express-News, de- Mr. CRAMER. Thank you, Mr. In closing, I would like to say that tailed an investigation in May that found that Speaker, for the opportunity for the H.R. 1864 is a long overdue solution. half of the convicted offenders were allowed to next hour to bring to the attention of It’s the place to start, a foundation on stay in the military. This is outrageous. It is the House of Representatives and to which to build. proof of a broken system, one that is doing the American people some very impor- I’m grateful to my colleague, LORET- our service women a complete disservice. It is tant issues pertaining to America’s po- TA SANCHEZ, for partnering with me, tential to be energy secure. for her multiyear commitment to this a compound injury; beginning with assault, ending with underreporting. This is an interesting week that we issue. We worked closely with the would have this discussion. This is a HASC staff and the Department of De- Some of my colleagues on the other side of the aisle seem to be missing the point. Sen- week when the House Committee on fense to craft this legislation. The bill Natural Resources is bringing forward was included along with many other ator MCCAIN would discourage women from enlisting until the military can clean up its act. two bills for consideration that will good provisions addressing military tear down some of the barriers and re- sexual assault in the House-passed Senator CHAMBLISS attributes the problem to natural hormone levels in males, saying during move some of the regulations that have NDAA a few weeks ago. With over 110 gotten in the way of tapping into the bipartisan cosponsors, the House has a Senate Armed Services Committee hearing on sexual assaults in the military that: ‘‘The vast resources of oil and gas off our shown that it can come together on se- shores. rious issues and get things done. young folks that are coming into each of your services are anywhere from 17 to 22–23. Gee We know that there’s been growth in Senator KLOBUCHAR has also intro- oil and gas development in our coun- duced companion legislation in the whiz—the hormone level created by nature sets in place the possibility for these types of try, but not offshore. And yet we know Senate. Too many victims have already there are vast resources that would be suffered. These assaults are happening things to occur.’’ This is not just a classic case of ‘‘boys will very, very important to America’s en- every day. There’s no reason to wait ergy security. even longer for the NDAA to become be boys’’ as Senator CHAMBLISS suggests, this goes beyond a ‘‘hook-up mentality’’, and dis- At the same time, this week we also law when we have a solution today. have our President, who made official Congress must act with a sense of ur- couraging women from joining the armed his declaration of war against coal, gency to approve thoughtful reforms forces is NOT the answer, as Senator MCCAIN stating, once again, that fossil fuels combating sexual assault in the mili- would suggest. The system is broken. And our are the bad guy somehow. At a time tary. I’m hopeful that this measure service women are suffering as a result. This when we’re looking to create jobs, cre- passes, the Senate quickly takes it up, is a structural problem, and as such, requires ate wealth, create opportunity, he puts and we can send it to the President for a structural solution. By approving H.R. 1864, up yet more barriers to the develop- his signature. I’m asking my col- we begin to change the structure of the legal ment of these vast resources of fossil leagues to act today and pass this bill. processes surrounding sexual assault. I yield back the balance of my time. The number of sexual assault victims in the fuels. Mr. GINGREY of Georgia. Mr. Speaker, I military is intolerable, as is the rate of under- Since coming to Congress 6 months rise today in support of H.R. 1864, which ad- reporting. Victims lack confidence in the mili- ago, I have heard our President and his dresses sexual assault in our armed forces. tary justice system, with good reason, and do allies in this Chamber often reference This bill amends the Military Whistleblower not come forward because they fear that re- the fact that since Barack Obama was Protection Act to strengthen protections for porting a fellow service member will result in elected President, America’s oil and those reporting rape or sexual assault. negative unintended consequences. This leg- gas production have actually increased. Enacting this legislation is a critical step to- islation strengthens existing protections and They brag about this increased produc- wards combating rape and sexual assault in ensures victims do not suffer reprisal for re- tion and the jobs that it creates as the military for two reasons. porting acts of sexual assault. It is important though they had something to do with It will immediately require an investigation that we create the proper avenues for victims it. into allegations of whistleblower retaliation in of sexual assault to avoid re-victimization Well, on behalf of the citizens of my an attempt to encourage victims to come for- through the legal process. This is the very State of North Dakota, let me just say ward. It also seeks to help remove some of least we can do for the service men and to my friends on the other side of the the fears and stigmas associated with report- women who serve us 24/7,365. aisle, you’re welcome because the fact ing sexual assault. I urge all members of the House to join me of the matter is that, yes, production In the long term, it is part of a cultural in voting to protect our protectors by voting of oil and gas in this country is up. It change in how the military addresses sex ‘‘aye’’ on H.R. 1864. is up, except where the Federal Govern- crimes. Sexual assault will not be tolerated, The SPEAKER pro tempore. The ment is the landlord, because the large perpetrators will be punished, and victims will question is on the motion offered by reserves under Federal lands and off- not be ignored or harassed. the gentlewoman from Indiana (Mrs. shore resources are going untapped be- Ms. JACKSON LEE. Mr. Speaker, I rise in WALORSKI) that the House suspend the cause of Democratic opposition to support of H.R. 1864. I stand today in support rules and pass the bill, H.R. 1864. using the incredible opportunity that

VerDate Mar 15 2010 02:55 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.043 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4062 CONGRESSIONAL RECORD — HOUSE June 26, 2013 new technologies have created to get ings, through legislation and the work paid a combined property tax to Weld us more jobs, more opportunity, and that we do to help bring a brighter en- County alone of $150 million. Two more energy secure. ergy future to this country. checks, $150 million to one county; 40 I want to illustrate a point today by And I’m pleased that the gentleman percent of that $150 million went to the reading one sentence from a recently from North Dakota is leading today’s school districts and the community released State Personal Income Growth discussion on energy. You know, I’ve college. That’s money that we’re in- Analysis put out by the United States actually seen in my district the bene- vesting into the next generation of Department of Commerce. Here’s the fits of the Bakken Development in Col- workforce in this country. That’s sentence. It’s very profound: orado. money that is building a stronger edu- State personal income growth ranged from Sixty miles away from my hometown cation future for our children. a ¥.2 percent in South Dakota to 12.4 per- is a brand-new business that located in But it’s also developing affordable cent in North Dakota. Colorado because of so much activity energy opportunities for this country; That’s right. Two rectangles in the in North Dakota. They were actually and so I hope that as people participate center of the North American map, two seeing so many people working in in this discussion around the United Dakotas, side by side, two States that North Dakota that they moved to Colo- States, that they go to Twitter and basically have the same size and land rado to expand their operation because send their suggestions on energy af- mass, the same size in population, the they couldn’t find enough people to fordability with the #affordable en- same climate, same cultures, they work in North Dakota. ergy, #affordable energy to participate grow vast amounts of food to feed a So they moved to my district to cre- in a discussion about the future of en- hungry world. ate jobs, and they’re hiring. They’re ergy in our country. We’re similar in nearly every way. manufacturing. They’ve bought a man- And so, Mr. Speaker, I think the op- And yet the Dakotas differ in one sig- ufacturing business because of energy portunity that we have, really, today is nificant way, and that is my State of development in North Dakota. to join a discussion about what we’re North Dakota has fossil fuels that But the energy success in Colorado going to look like as a Nation, how to South Dakota does not have. isn’t reliant on other States around us encourage manufacturing, how to en- I point to this distinction because I because we have it in our State as well. courage new job creation, how to bring believe it represents the possibilities of In my district, the Fourth Congres- companies back to the United States America. It represents what can be sional District, it is truly an all-of-the- who’ve left because of the cost of doing done in much of our Nation if the Fed- above energy district. Not only do we business. They can now afford to do eral Government would just get out of have a coal mine in the Fourth Con- business here because of our energy the way and allow the unleashing of gressional District, but we have wind production and energy opportunity. American ingenuity and the develop- manufacturing, we have wind turbine So join us at #affordable energy on ment of American energy. manufacturing, wind blade manufac- Twitter, and I just appreciate your Instead, what we get from our Presi- turing, we have solar manufacturing. leadership and the opportunity to be dent is more restrictions on the use of We have biofuels and are home to one here with you today. fossil fuels and more fantasizing about of the Nation’s premier oil and gas Mr. CRAMER. Thank you for sharing unproven, uneconomical, unreliable al- plays anywhere in the world, the that, and for the invitation. I very ternatives. And while billions of tax Niobrara shale play. much appreciate your referencing the dollars get wasted experimenting on In fact, in Colorado, over 100,000 peo- cost of energy. Affordable energy, after whimsical dreams of a carbonless fu- ple are directly employed or indirectly all, really is a driving factor in many ture, American job opportunities are employed by the oil and gas industry. other investment decisions and job op- lost and our debt rises. The average pay of a worker in the oil portunities. And I think we’ll have Our President continues to pursue an and gas fields of Colorado is almost much more on that as we work through energy policy based on an old model, $100,000 a year. Average pay of almost this important hour of discussion. an old model of resource scarcity, rath- $100,000 a year, with benefits. People With that, I would like to yield some er than on the new reality of resource are able to stay in their home towns to time to my friend from Pennsylvania, abundance. have jobs that they never thought were OTHFUS. According to the Institute of Energy possible just a decade ago. Mr. R Research, underneath Federal land and I come from a very small town in Mr. ROTHFUS. I thank the gen- offshore, that is to say, Federal oil and eastern Colorado; 3,000 people, 67 kids tleman from North Dakota for yield- gas reserves, at today’s prices, the graduated in my high school class. And ing, and I thank the gentleman from United States taxpayer has $128 trillion I can tell you, when I graduated there Colorado for bringing this important worth of fossil fuels that we’re not tap- are only two or three of us that stayed discussion on energy and jobs. ping into. there to work in our hometown. Every- And it’s not just the folks out west Resource abundance: abundance body else moved away to find work who are excited about energy. We in based on the application of new tech- elsewhere because they couldn’t find Pennsylvania are very excited. nologies is transforming our economy work in that small, eastern plains com- In fact, I’m from the southwestern and has us on the path to security. And munity. part of Pennsylvania, and yesterday I North Dakota is evidence of what can But thanks to natural gas develop- was driving through the city of Pitts- be done in our country. ment, thanks to the development burgh around the same time that But there are a lot of speakers today that’s taken place around the State, President Obama was renewing his war that have a lot to offer in this discus- they’re moving back, they’re bringing on coal from behind a podium in Wash- sion and this debate, and right now I’d their families back. They’re actually ington, D.C. like to yield to my good friend from finding those high-paying jobs with Our coal miners and steel workers Colorado (Mr. GARDNER). good health care benefits, and they’re built Pittsburgh. However, if the re- Mr. GARDNER. I thank the gen- building our communities and making gime that President Obama and the tleman from North Dakota. And I’m stronger places to live for themselves unelected bureaucrats at the EPA, that excited about the opportunity that we and their families; $10.2 billion in labor regime that they’re planning for the have in this country in a bright energy contributions, and contribution to the next 20 years, if that regime had been future. I can think of few areas that labor force as a result of oil and gas de- in place in the 19th century, Pittsburgh have held so much promise for job cre- velopment in Colorado alone. might not have become the great ation, for a new opportunity to impact In Weld County, we’ve seen the im- American city that it is today. so many areas of our economy as en- pacts firsthand of what it means to The regulations introduced yesterday ergy. And it really is energy policies have an all-of-the-above energy policy. by President Obama are only the latest that we’re discussing this week that Just two of the over-30 oil and gas com- salvo in his war on low-cost American could create over a million jobs around panies that are operating in Weld energy. These new regulations will re- the country, and the policies that we County, just last month paid their 2011 sult in more shuttered coal mines, continue to pursue in committee meet- property taxes. These two companies power plants, and more lost jobs.

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.045 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4063 b 1500 and talking about the economic bene- with a college education that that indi- When our coal miners and power fits of coal in Pennsylvania. vidual did not have to pay for and plant workers lose their jobs, we lose I don’t know if anybody noticed, but didn’t come out of college with $50,000, people vital to our communities and we deep in that 21-page declaration of war $70,000 worth of debt. That’s a game- lose wages and tax revenues critical for on coal, or the climate change docu- changer when it comes to the war on supporting local small businesses and ment, the President actually talks poverty, in my opinion. schools. These new regulations will about another important fossil fuel I appreciate the gentleman’s com- also raise energy prices and signifi- that Pennsylvania is tapping into—and ments from before. Because when we cantly impact moms and dads sitting that’s gas—in the attack on methane. talk about this issue, we also have to around the kitchen table paying their So those that think perhaps natural look at it from many different aspects. monthly utility bills. gas will be the next great fuel to re- And it’s not just about being an eco- Long story short, this war on coal is place coal ought to think again, be- nomic resource in regards to the re- a war on the livelihoods of millions of cause as soon as they have their way source itself but being a resource that hardworking middle class men and shutting down every coal plant, they’ll re-powers America, as I cochair the women in western Pennsylvania and be after the gas plants as well. We Manufacturing Caucus here in Wash- around the Nation. It’s a war on good- truly need an all-of-the-above. ington, D.C., that gives us the power to paying American jobs, a war on Amer- At this time I yield to the gentleman start building things here in America ican opportunity, and a war on Amer- from New York (Mr. REED). again and selling it overseas. That’s ican prosperity. And it must end. Mr. REED. I thank the gentleman the America I want to stand for. President Obama and unelected Fed- from North Dakota for yielding and If we’re going to melt steel, if we’re eral elites must be held accountable for bringing this important issue to us going to have that industrial revolu- the negative impact these regulations today to have a conversation on. tion of the 21st century that I believe will inflict on hardworking moms and I am a firm believer in the all-of-the- we can have, we’re going to need power dads. The REINS Act, which I support, above approach to our energy needs of sources to do that. And you can’t melt would hold them accountable by re- America. Making energy in America steel, in my opinion, with just wind- mills and geothermal and solar panels. quiring that any regulation with an an- domestically will lead to us being en- They have a role in our energy port- nual economic impact of $100 million ergy secure. It’s about energy inde- folio but you need those fossil fuels or more must be approved by Congress. pendence. It is about developing our re- that we have been blessed with to come Any regulation that has that much im- sources, both fossil fuels in the short online to provide the power, the util- pact on our country should be voted for term and mid term, but always keeping ity, and the energy to do what needs to in Congress. an eye on the alternatives and renew- Low-cost American energy is a major ables for the long term so that we cre- be done in order to build it here and sell it there. So I appreciate the gen- factor in economic growth and job cre- ate a portfolio of an all-of-the-above tleman bringing this issue to the fore- ation. Every business and family uses that will ensure that America’s na- tional security is taken care of when it front. fuel and electricity. The Federal Gov- And one last point I will stress. As I ernment needs a commonsense, comes to our energy needs. Being from New York, I spent a lot of represent the 23rd Congressional Dis- straightforward, all-of-the-above en- trict in New York, we are going ergy policy to spur growth and get our time dealing with the issue of natural gas development and the Marcellus through the process of seeing two main economy booming again. The House coal-fired plants be shut down. And I’m Shale and Utica Shale formations. I Energy Action Team is a great group of hopeful. We’re doing our work in Dun- can share with you many stories from Members dedicated to that goal. Coal, kirk, New York, and Lansing, New farmers as I went through the northern wind, natural gas, solar, nuclear, ther- York, on the other side of the district, tier of Pennsylvania, which is just over mal, hydro, and oil must all play a part to stand for repowering those power the border from my district in Corning, in powering our economy. Western generation facilities with natural gas, New York. And I remember one story Pennsylvania offers unparalleled op- as the applications are pending in Al- in particular. I went to a family farm portunities and is benefiting economi- bany. cally, thanks to the development of our that I was invited to go to by an indi- With this war on coal that just came plentiful energy resources. vidual in my district who was opposed out yesterday from the White House, if The economic benefits are not lim- to natural gas development. However, you shut down those plants, what I’m ited to the energy sector. Lower energy when I arrived at that farm, I met with concerned about is my taxpayers that I prices resulting from increased domes- her father, and I sat at her father’s liv- care about in Dunkirk and Tompkins tic production would benefit the entire ing room table and had a conversation County and Lansing are going to see economy. For each new energy job, about what this meant to that family their real property tax bill go up any- three or more additional new jobs are farmer. where from 50 to 60 percent. Those are created across the economy. These are I can tell you what I heard really res- hardworking Americans that are al- good-paying American jobs. onated with me. Because what I heard ready under the burden of a tax burden This week, the House will consider was, I know that my daughter is op- that comes out of Washington, D.C., by legislation that would create over 1 posed to this. She’s concerned about way of income taxes. But there are also million new good-paying American the impacts on our farm and that type tax burdens in our States. And one of jobs, bring more domestic energy to of thing. But I can assure you I’ve those primary tax burdens is the real the market, reducing costs for families owned this farm for generations, and property tax bill. and businesses, and reduce our depend- I’m going to make sure that my land is I’m hearing from seniors, I’m hearing ence on foreign oil. President Obama protected and it’s done right and it’s from people across the district who and the Senate need to get serious done safely. But what I’m also doing is say, TOM, I can’t afford it anymore. about an all-of-the-above energy ap- I’m taking the royalty payment, the And you shut down a power plant, and proach to domestic energy exploration cash payment from that resource, and you take away that tax base from my and development so that we can grow I’m putting her daughter through col- people, the remaining taxpayers, who these jobs. By safely and responsibly lege. most of the time have been there for developing all of our Nation’s natural Think about that, ladies and gentle- generations, will see their real prop- resources, we can re-light our econ- men across America. We have spent erty tax bill go up 60 percent. That’s omy, add jobs, and move towards North trillions of dollars on the war on pov- thousands of dollars. And in this day American energy independence. In erty and hardworking taxpayer dollars and age when people are struggling, short, this will improve the quality of to try to get people out of poverty— why would we commit ourselves as a life for western Pennsylvania and all most of the time by educating them. Nation to a policy that would put a Americans. And here you have a gentleman who is higher burden on their back? I don’t Mr. CRAMER. I thank the gentleman going to use a resource that he owned, get it. from Pennsylvania, and I appreciate a property right that he owned, and I think we should have an open con- his raising the point of the war on coal was empowering the next generation versation about doing all of the above,

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.047 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4064 CONGRESSIONAL RECORD — HOUSE June 26, 2013 recognize where those energy sources kota, your great State. They give you Our State economies are struggling are in the portfolios, and then we join a job when you get off an airplane up as well, But we can utilize and bring hands, we come together, and we de- there whether you need one or not; back revenue to the States through velop that comprehensive energy pol- that’s how many jobs they have avail- revenue-sharing. An example is Wyo- icy that we say, This is good for Amer- able. If you’re looking for work, Amer- ming gets $1 billion a year in revenue- ica, both short term, mid term, and ica, go to North Dakota. But let me sharing for production on Federal long term. And let’s get it done. And tell you, that’s a microcosm of what we lands. The Gulf Coast States get rev- that’s where those of us on this side could be in this great Nation if we enue back to those States. South Caro- beg our colleagues on the other side to truly pursued an energy policy uti- lina would love to benefit from that as join us in this effort. And we want to lizing American resources, putting well. do it safely, we want to do it respon- Americans to work. That’s really what The second thing—and I’ll end with sibly. We respect our environment. But it’s about. And that’s one thing that I this—is a bill that I have on the floor we’re going to do it in a commonsense think the House Energy Action Team that I authored that would implement way, looking at it from the perspective is focused on. an agreement that was signed by the of hardworking taxpayers of America, The second thing is energy security: Obama administration. Hillary Clin- not through the lens of bureaucrats in lessening our dependence on foreign ton—Secretary Clinton at the time— Washington, D.C. sources of energy, utilizing the re- entered into this agreement with For- With that, I appreciate the leadership sources that we have in this country. eign Minister Espinosa of Mexico that that the good man from North Dakota God blessed the United States of Amer- said, you know what, we have a mari- has exhibited on these issues. ica with the resources that we have time border, a border between the here: oil, natural gas and coal. United States and Mexico. Out in the b 1510 We heard just this week that the Gulf of Mexico in the water is a mari- Mr. CRAMER. Thank you so much. Obama administration is going to wage time border and, guess what, there are Thanks for your stories. I think they a war on coal—not that they haven’t resources underneath that border. Who illustrate so beautifully the impor- already been waging a war on coal. But owns those? Does Mexico own those re- tance of an all-of-the-above energy pol- I think they’re waging a war on Amer- sources? Do we own those resources? icy that keeps prices rolling. ican energy independence. Because by They’re shared resources. You know, one of the things I utilizing the resources that we have in So they entered into this agreement thought about as you were talking this country, we could lessen our de- and said we’re going to go after those about jobs and this cascading impact of pendence on foreign sources and make in the Western Gap, not over near this war on coal and war on fossil fuels, certain parts of the world that seem Cuba, but closer to the western side of there is a survey every year that’s hostile to American interests not so the gulf. We’re going to go after those taken by an area development maga- important. So American energy inde- resources, and we’re going to allow ex- zine, it’s called Site Selector Survey. It pendence is the second thing. ploration of those resources, produc- asks site selectors, What are the char- The third thing segues right into tion of those resources. And we’re acteristics, what are the factors that that, and that’s national security. In going to share those revenues with you look at when making a determina- fact, I think it was Admiral Mullen each country because we are co-owners tion of where to put a manufacturing that said there is no national security of those resources. facility or some other business? without energy security. Think about They got this one right with this When I was an economic development that for a minute. Energy security agreement. We’re going to implement director 15 years ago, the cost of avail- means that we do have national secu- that because we waited a year on Ken able energy was somewhere between rity, that we can meet our energy Salazar with the Department of the In- 15th and 20th on the list. It’s moved up needs, not just to drive our economy terior to send us the implementing lan- to the top five. Our competitive ad- and the engines of our economy, but guage so that we can go forward with a vances in the global marketplace rest also fuel the engines of our United lease in that area of the Western Gap, with our ability to keep energy costs States defense. Putting those airplanes but he failed to do that. So we took the low. in the air and the ships in the oceans bull by the horns in the United States With that, I yield to the gentleman and the tanks in the desert or in the Congress, and we authored this legisla- from South Carolina (Mr. DUNCAN), forest, that takes energy. If we can tion and said we think this is impor- who has provided real leadership on meet our needs through American re- tant to American energy security; we some of the issues we are going to be sources, then we do have true Amer- think this is important to national se- taking up this week. ican independence. An all-American curity; and we’re going to work with Mr. DUNCAN of South Carolina. I energy strategy is the right thing for our southern neighbor in Mexico, and thank the gentleman. this country. we’re going to develop those resources I have stood on the floor many times Just this week, we’re going to take in that transboundary area with a hy- in my short service in the United up two very, very important bills. One drocarbon agreement, and we’re going States Congress to talk about this very of them deals with opening up all of to go forward with implementing that. topic, and that’s American energy the Outer Continental Shelf areas that That’s what this bill does. independence. are currently off-limits under the America understands that we’ve got We hear terms like all-of-the-above Obama administration moratorium— the resources. America understands we energy approach and energy policy. I the moratorium that George Bush lift- can work with Mexico and safely and like to think about an all-American en- ed. He said, you know what, we need to soundly harvest those resources using ergy policy where we utilize American be energy independent; we’re going to American safety standards and regula- resources to meet our energy needs in lift the moratorium for offshore drill- tion standards. It is the right thing for this country. ing, and we’re going to open up those America, and that’s H.R. 1613. I look I applaud the House Republicans, and areas for more utilization. And so we’re forward to passage of that. specifically the House Energy Action going to do that. I thank the gentleman from North Team, for focusing on three things— Off the coast of my State, South Dakota for his leadership on the House jobs, energy security, and national se- Carolina, and Virginia and other Energy Action Team. curity. And they go hand in hand. places, we’re going to go after those re- Mr. CRAMER. I thank the gentleman By pursuing an all-American energy sources that we believe to be there. for his leadership today and his leader- policy, we’re putting Americans to We’re going to allow exploration. We’re ship on this important legislation com- work. Whether you’re talking about going to allow production. And we’re ing out of the Natural Resources Com- voting the Keystone pipeline or talking also going to allow revenue-sharing mittee. about offshore drilling, putting Ameri- back to those States whose economies I would like to speak specifically to cans to work is what’s important. are struggling now just like the U.S. some more economic opportunity as il- I think about North Dakota and an economy when we’re $17 trillion in lustrated from my home State of North energy-driven economy in North Da- debt. Dakota just to get a sense of it.

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.048 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4065 North Dakota’s gross domestic prod- living paycheck to paycheck. What ing room, time to let the coal industry uct increased from $34 billion in 2011 to does this President do? He declares a adjust, time to let people recover. But $38.7 billion in 2012. That’s a 13.4 per- war, not just on coal, but the working you don’t offer breathing room in a cent increase, representing the most families of America. And worse, he’s war. significant growth of any State in the doing it by making an end run around In yesterday’s New York Times, the country last year. Texas is second with Congress. His own Democrat-controlled White House climate adviser said a war a growth rate of 4.8 percent, where the Congress in 2009 refused to pass his rad- on coal is exactly what we need. But national average during the same time ical energy rationing scheme, cap-and- this isn’t just a war on an entire Amer- was 2.5 percent. trade, through legislation. So now this ican industry; it’s a war on coal miners So it can happen. It happened in my President says, Well, Congress doesn’t and their families. And these coal min- State because the vast majority of the matter, and so I’m going to impose this ers, the 5,700 coal miners who have lost oil and gas in North Dakota is not on the American people through bu- their jobs in eastern Kentucky over the under Federal land. The vast major- reaucrats in the executive branch. last 4 years under this administration, ity—like over 90 percent—is under pri- Mr. President, you are not king. The they depend on those paychecks; their vate land, where the only landowner is Congress of the United States is the families depend on those paychecks. the guy that farms and ranches the law-making body, and the unaccount- They don’t have the political clout to land, the person whose sustainability able, unelected bureaucrats in the ex- attract this President’s attention or demands good stewardship. We can ecutive branch cannot do this without concern, but they are Americans. What show the way in how to do it around proper statutory authorization. That’s a dramatic shift from a half century the country as well as offshore if you why we need the REINS Act. That’s ago when Presidents Kennedy and just unleash American ingenuity. why we need to rein in burdensome reg- Johnson focused so much energy on al- I suspect that my good friend from ulations. That’s why we need to make leviating poverty in the very same Kentucky (Mr. BARR) might have a sure that unelected, unaccountable bu- mountain counties the Obama adminis- thing or two to say about this week’s reaucrats in the executive branch don’t tration is now ravaging with these declaration of war on coal, and so I seek to impose by fiat a regulatory ap- heartless policies. yield to the gentleman from Kentucky paratus that commands and controls Mr. President, if you truly care about (Mr. BARR). the American energy future. people, come to eastern Kentucky. See Mr. BARR. I thank the gentleman, This is a question about American what happens when $70,000-per-year and I appreciate the opportunity to ad- energy freedom, a top-down command jobs disappear overnight because of un- dress the President’s Climate Action and control approach versus American accountable bureaucrats in Wash- Plan that he unveiled yesterday and energy diversity. The President wants ington, D.C. At least give us some con- what this really means to my fellow to impose energy rationing, and we say sideration of that. Better yet, start Kentuckians and my fellow Americans let the American people decide what working with the coal industry to ad- all around this country. their energy sources should be. dress climate change concerns and stop As you see from the exhibit right Half of all energy production in the trying to kill it. It’s time this adminis- here, this is the quote from the Presi- United States in 2008 came from coal. tration put people ahead of its radical dent’s climate adviser: Ninety percent of all electricity in my ideology. A war on coal is exactly what’s needed. home State of Kentucky comes from Mr. CRAMER. Mr. Speaker, I thank While Kentuckians and Americans all coal. In 2012, however, only 37 percent the gentleman from Kentucky for his around this country are suffering from of our electricity came from coal. This good leadership on this important topic high unemployment—in large part due President wants to take that number on the importance of coal as a major to the 5,700 coal jobs lost over the past down to 0 percent. So when the Presi- player in our energy fleet. dent’s climate adviser says that he 2 years—yesterday, the President of If I could just for a second, Mr. wants a war on coal, he means it. the United States re-declared the war Speaker, inquire about the balance of on coal. This is what I want to conclude with. This is not just about statistics about time available in the hour. We know that 1 year ago, the Presi- The SPEAKER pro tempore. The gen- dent, through his New Source Perform- coal jobs lost or energy freedom or the fact that we’ve lost nine power units, tleman from North Dakota has 24 min- ance Standards regulation, imposed an utes remaining. effective moratorium on coal-fired coal-fired power units, in Kentucky in Mr. CRAMER. Thank you, Mr. power plants coming online in the fu- the last several years. This is about Speaker. ture. Yesterday, the President said human beings. This is about people I appreciate the gentleman from Ken- that he wants to apply that morato- who have lost their jobs. This is about tucky’s speaking to the issue of coal, rium to the existing coal-fired fleet. the President of the United States at- Mr. Speaker, my fellow Americans, tacking a way of life. because like oil and gas, coal is also the President’s Climate Action Plan re- President Obama and his administra- important to North Dakota. It’s an in- veals a leader of our country who is tion display a stunning lack of compas- dustry that’s been around for decades. woefully out of touch with the eco- sion. Not once in his remarks yester- In fact, we really learned about energy nomic realities facing the American day did we hear any recognition, any development in North Dakota on coal. working family. Unemployment is still understanding of the suffering the ad- We have a little better than 17,000 folks at 7.6 percent across this country; 5 ministration’s new proposals will in- that are employed either directly in consecutive years of unemployment flict in the communities of central Ap- the coal industry or in one of the serv- higher than 7.5 percent. Five years in a palachia, in the suffering of the com- ice industries that service the coal in- row where the workforce participation munities that have already endured a dustry. It contributes about $3.5 billion rate—where the percentage of Ameri- disproportionate share of pain during to our State’s economy. That’s a lot in cans who are of working age population the last few years. The President’s cli- our little State. are actually in the workforce—is only mate action plan substitutes numbers We’ve been mining coal for decades. 58 percent. Fifty-eight percent of all and theories for flesh and blood. It pre- We’ve been mining 30 million tons a working-age people in this country sents climate change as a perpetual year for decades. We use that coal right have jobs. That’s all. That’s 5 percent crisis justifying one regulation on top in North Dakota, burning it to gen- below the historic average of 63 per- of another without any consideration erate electricity at seven power plants cent. of the cost to real people. in our State, and we generate some of How much is enough, Mr. President? the lowest priced electricity in the b 1520 Where does it all end? By the Obama country. Again, getting to the issue of Twelve million Americans struggling administration’s own admission, U.S. affordable energy, very important in to find work, wages falling for 5 con- carbon emissions fell to the lowest terms of our competitiveness in the secutive years, three-quarters of Amer- level in two decades. The President, of global marketplace. icans’ paychecks are insufficient to get all people, should read this statistic So it’s not just about the jobs, as im- them by each and every week—they’re and conclude it’s time for some breath- portant as those are—high-paid jobs, I

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.050 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4066 CONGRESSIONAL RECORD — HOUSE June 26, 2013 might add—but it’s also about the com- Montana’s energy sector is a huge prices for Montanans. In fact, not too petitive edge it gives us with lower driver for our State’s economy. Our long ago, I was traveling around our cost electricity. coal mining industry employs over State. I am the only Member of Con- But in North Dakota, under our beau- 1,200 workers across our State. Mon- gress for the State of Montana. It’s a tiful prairies, there’s an 800-year sup- tana contains more coal reserves than privilege to represent an entire State. I ply of coal. To wage war on it today any other State in America, and it was up in Glasgow, Montana, meeting and leave 800 years’ worth of a product ranks number six overall in coal pro- with the NorVal Electric Co-Op. I that provides wealth and jobs and op- duction nationwide. Additionally, coal learned that the NorVal Electric Co-Op portunity and low-cost electricity in production provides critical funding for is expected to supply power for one of the ground makes no sense whatsoever. Montana schools, as much of our the Keystone pump stations. If the With that, I want to yield some time State’s coal is located on school trust Keystone pipeline is built, it will help to my neighbor and good friend who lands. We forget about the contribution NorVal keep its customers’ electric knows a fair bit about the energy in- to our tax base, that of helping build rates stable for the next 10 years. dustry himself—in fact, I have to admit schools and funding teachers, which Think about that—10 years of no in- the Bakken was actually discovered in comes from the energy industry. crease. Contrast that to, if the pipeline the State of Montana—the gentleman The development of our coal reserves is not built, NorVal expects that their from Montana (Mr. DAINES). produces millions of dollars for Mon- rates will grow upwards of 40 percent Mr. DAINES. Mr. Speaker, I’m grate- tana public education every year. My over the next decade. ful for my good friend from North Da- daughter is a senior at Montana State Mr. President, these customers at kota, KEVIN CRAMER, for this time to University, preparing to graduate and NorVal live month to month. They live talk about what is really important to go into elementary education in Mon- paycheck to paycheck. This is what is the people out in the heartland, which tana. Energy production will be crit- helping American middle class, hard- sometimes is a very different set of ical to funding our public schools in working taxpayers survive—expanding values than what we find right here in Montana as we look down the road. our energy production. By declaring a the beltway of Washington. We have also seen tremendous war on energy right now, you are de- I was also struck by my good friend growth from the booming development claring a war on American families from Kentucky, ANDY BARR, as he of the Bakken formation, as my friend who are struggling every month to shared his comments. It reminds me from North Dakota alluded to, which make ends meet. For most Montanans that we are the party, we are the lead- spreads across eastern Montana and who live on tight budgets and who ers back here standing for the working into western North Dakota. Oil produc- carefully track where their paychecks middle class in this country, standing tion in our State has created thousands are going, unlike a lot of the folks for jobs, for revenues that go to our of good-paying jobs, both in the oil around here in Washington, D.C., a 40 schools, and the tax base for low-cost fields and also in the service industries percent increase in utility rates would energy. This President says one thing, that are at the heart of many of our be devastating. Unfortunately, under but the consequence of this policy is small towns. President Obama’s agenda, that very something that will only ultimately I would like to have the President well could happen. benefit the elite and the wealthy in come out to eastern Montana and see President Obama’s war on coal would this country instead of the regular what’s happening out there. Families severely hinder coal production in working families in this country. are struggling, living month to month, Montana and the jobs that rely on this I want to thank my friends here but are seeing the benefits now of the important industry. It would be a seri- today for organizing this Special Order energy industry as they are seeing pay- ous blow to Montana families and to and bringing attention to the impor- checks they can count on as they look small businesses that rely on coal as a tance of an American energy sector to forward. It has also injected millions of reliable source of affordable elec- our economy and to the daily lives of dollars into our State’s economy; and, tricity. Just as bad, this job-killing all Americans. In Montana, we know like coal, it has helped provide millions agenda will be imposed through unilat- the importance of a robust energy sec- of dollars in much-needed funding for eral action, demonstrating that the tor. Montana’s schools. Recent reports President is more set on achieving his Whether it’s oil, gas, coal, wind, show that Bakken oil production cur- own political goals rather than on lis- water, biomass, it’s all needed to cre- rently accounts for 11 percent of the tening to the will of the American peo- ate jobs and keep energy costs low for total U.S. oil production and rep- ple or on working to create much-need- the people of our country. In fact, one resents 40 percent of increased oil pro- ed jobs. of my priorities in Congress is to fight duction nationwide. If the Keystone XL Mr. President, the people of America for the all-of-the-above energy plan pipeline is built, it would be able to are focused on paying their bills every that helps grow American jobs, lowers move up to 100,000 barrels of oil. That’s month. That’s a higher priority to energy costs, and helps us fight for Montana and North Dakota oil per day them than your priority, which is that North American energy independence, from our very own Bakken formation. of winning an election in 2014. energy security. Mr. President, I am in favor of ‘‘made By sidestepping Congress and public Unfortunately, President Obama does in America’’ energy. Montana’s natural scrutiny, President Obama will set his not seem to share this goal. In fact, resources, like coal and oil, not only agenda in motion through costly regu- yesterday, President Obama unveiled provide our State and Nation with lations and more and more red tape his latest energy plan, a job-killing quality American energy, but they are and bureaucratic hoops. These road- agenda that will hurt American jobs helping keep the utility costs low for blocks won’t just hurt the coal indus- and American families and small busi- hardworking American taxpayers. try as we know President Obama and nesses. Montana gets more than half of its his advisers seek to do; these regula- power from coal. That helps keep elec- tions will hurt hardworking American b 1530 tric rates low. We see some electric taxpayers who rely on American en- After his announcement yesterday, cars driving down the highways today ergy each and every day. President Obama made a commitment and in our towns. I’m not opposed to Let me be clear: President Obama’s to waging war on American energy, electric cars; but if the truth be agenda isn’t just a war on coal. This is which was made crystal clear. In fact, known, we ought to have a sticker on a war on Montana energy, on Montana by imposing further barriers to the the back that reads: ‘‘This electric car families, on Montana small businesses, construction of the Keystone XL pipe- likely powered by coal.’’ The average and on Montana jobs—and it must be line and by working to severely hinder retail price in Montana is currently 8.4 stopped. I will remain steadfast in this American coal production, President cents per kilowatt hour, which is fight to stop the President’s job-killing Obama has unveiled a misguided agen- among the lowest in the Nation. agenda, and I look forward to working da that will only hurt Montana and The construction of the Keystone XL with my colleagues here today on com- American energy consumers and will pipeline, on the other hand, would also monsense policies that grow American cost good-paying Montana jobs. have a tremendous impact on energy energy and help create the good-paying

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.052 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4067 jobs that the American people des- Then yesterday, on top of blocking mine, the Ninth District of Virginia, perately need. our ability to get from the other side of where the average household income is Mr. CRAMER. I thank the gentleman the State the natural gas and the oil around $36,000 a year, and you start for his comments. that is there and that we know is there laying off 15 $75,000 to $95,000-a-year I especially appreciate your reference and that we want to get to, the Presi- jobs here with health insurance in- to the Keystone pipeline and to the im- dent of the United States declared cluded, you lay off another 25 jobs here portance of the role of electric coopera- what I call the ‘‘war on coal—phase 2.’’ and 30 jobs there, and ladies and gen- tives. He has already been involved in phase tlemen, you want to talk about de- A lot of people forget that there is a 1 for some time, but in his comments stroying the economy, you’re darn Keystone pipeline. There was actually yesterday, he made it clear that he’s right you’re going to destroy the econ- one sited and built with very little fan- not going to wait for science to get us omy. And if standing up for the special fare. I was at that time a member of a solution—because it’s coming. There interests of the people who work in the the North Dakota Public Service Com- is research that’s being done on chem- mines, the people who work in the mission and carried the pipeline port- ical looping and on other ways to use equipment factories, the people who folio and sited the first 220 miles in the coal cleanly, where you end up with work at the car dealerships, the people United States of the original Keystone coal ash and carbon dioxide—no SOx, who work at the restaurants in south- pipeline. It didn’t go anywhere near the no NOX, no mercury. It’s coal ash and west Virginia is a bad thing, then I Bakken, unfortunately; but it did cross carbon dioxide, and you can recycle the guess I’ll just keep doing a bad thing 600 landowners’ land—green field all iron pellets that they use. I mean, it’s because I will continue to fight for the way, two scenic rivers. We put a lot really a wonderful process, but we have southwest Virginia and the jobs in the of restrictions on it, but it was with testing left to do on it. It has already coal fields. very little fanfare. In fact, every land- been working at Ohio State University. The other thing the President went owner willingly signed the contract. They are building a facility in Ala- on later to say was that this issue There wasn’t a single inch of that pipe- bama, and they are going to be doing didn’t used to be partisan and now it’s line in North Dakota that had to be testing beginning later this year that partisan. Guess what? The President is condemned to be built. will end next year on a bigger project wrong. This is a bipartisan issue. And It was interesting because we have, I than what they did at Ohio State, but I’m going to look at the Bluefield Daily think, five or six pumping stations in still it’s got another phase to go even Telegraph and read you some quotes North Dakota on the original Key- after that. from some of my Democrat colleagues stone, and the co-ops were all sort of If we wait just a few years and if we because it’s important for the people of arguing about whose territory would it do reasonable things now and if we America to know that the President be in because every pumping station wait for science to catch up, we can, in may want to divide, but in the coal was a load equivalent to a city of 10,000 fact, accomplish what the President fields we understand exactly what this people. For those who argue that it’s wants to accomplish on the environ- is going to do to our jobs and our econ- not about the United States, the Key- ment and not destroy the jobs of south- omy, and ultimately to the economy of stone XL, that’s big time for the people west Virginia, the central Appalachia the United States of America. of North Dakota and for the people of region and all other coal-producing U.S. Representative NICK RAHALL, the United States. It is about the States. There are more than 20 of them Democrat of West Virginia said: United States. So I appreciate your that are coal-producing States. We will Obama’s climate change plan is misguided raising that issue. be damaging their economies if we go and could cost millions of jobs. Another State that has a lot to lose forward. That’s not a Republican. That’s a in the war on coal and a lot to gain by b 1540 Democrat. He goes on. more offshore drilling is Virginia. I The misguided, misinformed and untenable yield to the gentleman from Virginia It’s interesting that the President policy that the President put forth this (Mr. GRIFFITH). noted in his speech and said: afternoon puts at risk the energy security of Mr. GRIFFITH of Virginia. I thank Now, what you’ll hear from the special in- America and the jobs of millions of our citi- you so much for the opportunity to terests and their allies in Congress is that zens. this will kill jobs and crush the economy. speak this afternoon on these impor- RAHALL continued saying: tant issues. Well, ladies and gentlemen, that’s ex- Locking away the fuels that power our Na- It’s true that offshore in Virginia is actly what you’ll hear. Do you know tion behind ideologically imposed barriers something we’ve been discussing since why you’re going to hear it? Because will drive up costs for nearly every business 2004. What’s interesting is that a lot of it’s true. and manner of industrial activity while driv- the folks said, You don’t really want to And if being a special interest means ing jobs overseas. Households already strug- do that in 2004. It’s not going to really you have to be one of the people that gling to make ends meet will see energy bills help gas prices. Do you know why? Be- lost their job in the coal fields of skyrocket. cause it will take 7 to 10 years to get it southwest Virginia or Kentucky or That’s NICK RAHALL, Democrat of developed. West Virginia or any of the other West Virginia. He goes on to say: Guess what? If we’d have started in States where jobs—we’ve been losing The administration should be advocating 2004 drilling off the coast of Virginia, them monthly. We get reports of an- new clean-coal technologies as opposed to we’d be getting that natural gas, and other 25 here, another 15 there, people crippling regulations. we’d be getting that oil off the coast of who’ve been laid off in the coal fields. Isn’t that really where the President Virginia right now. It would be cre- And it’s not just the coal fields. It’s the has been going the whole time? He said ating jobs. It would be creating tax dol- railroads that haul the coal. It’s the in the San Francisco Chronicle inter- lars that could go to schools, roads— people at the manufacturing centers view of 1–17–08: you name it—whatever the legislature that make the equipment for the When I was asked earlier about the issue of in Virginia decided it wanted to spend mines. It’s the car dealerships that coal, you know under a plan of cap-and-trade it on. It could be going to increase the used to sell cars to the miners, who system, electricity rates would necessarily revenues of the United States of Amer- used to have jobs. skyrocket. ica as well. Likewise, this Congress Let me make something clear, folks. NICK RAHALL: could then be debating the expenditure Being in the mine is a hard job. There’s Households already struggling to make of those funds and what we wanted to no question about it. And we want to ends meet will see energy bills skyrocket. do with those moneys. make sure health concerns are taken The President is doing what he said Instead, the naysayers keep saying, into consideration because it does have he was going to do. He declared war on Well, not now, not now. I say to them, dangers to it. There is no question coal, and now he’s going to try to see if If not now, when? When are we going to about that. But the workers in those he can’t finish it by devastating the do this? We know it’s out there. We mines are making somewhere between American economy and the economy of know it’s a huge resource for the $75,000 and $95,000 a year if you add in southwest Virginia and central Appa- United States of America. their benefits. You take a district like lachia. It’s just not right.

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.053 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4068 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Mr. President, let’s look at the there, the single parent trying to raise other Members who represent signifi- science that your administration has children, the elderly, the folks trying cant sections of the U.S. side of the invested money into. Chemical looping to struggle with that $36,000-a-year-an- U.S.-Mexico border. We are joined may be the way that we can both have nual-household income, the miners and today by SUSAN DAVIS from California; what we want. I want and my col- the workers in the factories that PETE GALLEGO from Texas; and leagues want jobs for America, tax dol- produce the goods that help the miners FILEMON VELA, who is also from Texas. lars coming in off of coal severance, do their job who now don’t have jobs, But before I yield to them, I want to natural gas, offshore drilling. We want they’re still going to have that electric talk a little bit about my special sec- to see those tax revenues coming in be- bill coming in. cause then we can use that to help You know, it’s interesting that the tion of the U.S.-Mexico border in El Americans. We want to help all Ameri- President actually cut in his budget Paso, Texas. cans. You want to clean up the envi- proposal the LIHEAP money, which is El Paso is home to more than 800,000 ronment, and so do we. We can do it, the program to help the people who people who, along with the citizens of but we have to be reasonable. can’t afford to pay their heat bill. So Ciudad Juarez, form one of the largest Let’s go forward and look at another at the same time we’re creating more binational communities anywhere in Democrat, and that would be Senator unemployment, we are also going to the world. El Paso has for decades JOE MANCHIN, and he touches on this take away some of the benefits that point in his comments in the Bluefield served as the Ellis Island for Mexico helps those folks. It just doesn’t make and much of Latin America. Literally paper. U.S. Senator JOE MANCHIN, Dem- sense. The President’s policies don’t millions of immigrants who are now ocrat of West Virginia, said: make sense, and I submit to you all U.S. citizens, who are productive mem- Obama’s plan will have disastrous con- that the President needs to rethink sequences for not only the coal industry, but bers of our communities, have passed also American jobs and the economy. this. He needs to look at clean-coal technology because that’s the winner through the ports of entry in the dis- Democrat MANCHIN goes on: for America, for American jobs, for trict that I have the honor of rep- The regulations the President wants to resenting. force on coal are not feasible. And if it’s not American prosperity and for America feasible, it’s not reasonable. to go forward into the future, leading Beyond that and beyond the human It’s clear now that the President has de- the way. dimension of what the border produces, clared a war on coal. It’s simply unaccept- Mr. CRAMER. Thank you so much the beauty, the wonder, the creativity, able that one of the key elements of his cli- for your insights and your experience the culture that develops from there, mate change proposal places regulations on in this very important industry of coal coal that are completely impossible to meet the border also is an important part of with existing technology. The fact is clear: and all of the things that it supports who we are as a country and our past. and that support it. our own Energy Department reports that our It is one of the most essential places I think that an appropriate way to country will get 37 percent of our energy anywhere in the United States today, from coal until the year 2040. Removing coal sort of wrap this discussion up is to re- from our energy mix will have a disastrous mind folks that while we are advocates as seen by the debate that is taking consequence for our recovering economy. for domestic energy development, place in the Senate; and it is the future These policies punish American businesses American energy production that cre- of this country, whether you look at it by putting them at a competitive disadvan- demographically, whether you look at tage with our global competitors, and those ates a competitive global advantage in competitors burn seven-eighths of the all areas, we are also good stewards of it economically, whether you look at it world’s coal, and they’re not going to stop the environment. culturally or by any other measure, using coal any time soon. It’s only common Let me just close with this. These the border is absolutely critical to the sense to use our domestic resources, and that counties in North Dakota that have United States. includes our coal. seven power plants burning coal, all I want to talk about a couple of as- Senator MANCHIN is absolutely right got A ratings from the American Lung pects that help to define this critical because let me tell you that when we Association. And I believe that the place that the border holds for this burn coal here and we create jobs here same God that created the beauty and in the United States of America, as you splendor of the oceans and the moun- country. I thought I would start with well know, that means we’re not send- tains and the prairies and the topsoil, trade. There are more than 6 million ing those manufacturing jobs overseas put the minerals underneath it, and we jobs here in the United States that are to another country. Particularly if ought to use all of them for our ben- dependent on the trade that crosses our those countries are in Asia or in some efit. ports of entry at our southern land of the emerging economies, they don’t With that, I yield back the balance of ports between the United States and have anywhere near the regulations we my time. Mexico. More than 100,000 of those jobs have. They don’t have the regulations The SPEAKER pro tempore. Mem- are in the district that I represent in we had in the year 2000 or the year 2005 bers are reminded to address their re- El Paso, Texas. The State of Texas to comply with. marks to the Chair and not to others in itself has 400,000 jobs that depend on So we can create the goods here, cre- the second person. ate jobs for Americans, create tax dol- this trade. More than $300 billion a f lars which will help us deal with the year flows between our two countries. national debt and deficit problem. We b 1550 Mexico is the second largest export can do all of that here, and we can do U.S.-MEXICO BORDER market for the United States. We are it by burning coal more efficiently and The SPEAKER pro tempore. Under the largest export market for Mexico. cleaner than the countries that we’re the Speaker’s announced policy of Jan- And a critical aspect of the trade that competing with. But instead the Presi- uary 3, 2013, the gentleman from Texas comes into the United States from dent wants to ignore all that. He wants (Mr. O’ROURKE) is recognized for 60 Mexico that is very important to re- to ignore those facts and go forward minutes as the designee of the minor- member is that unlike any other trad- and say, No, we can’t do that. ity leader. ing partner that we have, more than 40 I go on with the quotes from the San Mr. O’ROURKE. Mr. Speaker, I rise percent of the value of the trade that Francisco Chronicle because right now today to speak about a place that is comes north from Mexico originated in he’s not singing the same tune. He goes very near and dear to my heart, a place the United States. So we are literally on to say after the ‘‘skyrocket.’’ that is the source of great beauty, the producing together even those things Even regardless of what I say about wheth- source of millions of jobs for this coun- that are imported into the United er coal is good or bad, because I’m capping try, an economic driver, not just for greenhouse gases, coal power plants, you States from Mexico. the region that I represent, not just the know, natural gas, you name it, whatever Again, Mexico is a source of jobs. It’s the plants were, whatever the industry was, State in which my district resides, but they would have to retrofit their operations. for this entire country and, for that the source of so many things that are That will cost money. They will pass that matter, this hemisphere. positive to our economy, our culture, money on to consumers. I am here today to speak about the and to our communities; and all that Who are the consumers? I believe the U.S.-Mexico border, and I have the comes to a head at the U.S.-Mexico consumers are the average family out privilege and honor of serving with border.

VerDate Mar 15 2010 02:55 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.055 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4069 Now, if you’re listening to the debate oric. I don’t want to use any flashy Many jobs in Texas, much of our that is taking place right now about words because, frankly, I think that economy, in fact, is inextricably linked comprehensive immigration reform the people of this country elected their to international trade. In fact, more and some of the provisions that have Members of Congress not to cheerlead than 50 million Americans work for passed out of the Senate and some of or use harsh rhetoric or add fuel to companies that engage in international the commentary that you read in the fires, but to solve problems. So I would trade. That comes to us from the U.S. newspapers or the talking heads that like to talk about some of the chal- Department of the Treasury. you see on TV, you might not know lenges that in real terms this Congress Trade with Mexico represents one of that. You might instead see the U.S.- has the opportunity to make a dif- our biggest economic drivers and Mexico border as a source of anxiety, ference on. pumps billions of dollars into our econ- as a threat to this country’s security The 23rd Congressional District, omy every day. Every day, think of and its future, as something to be which I have the privilege of rep- this, $1 billion in cross-border com- feared, to be locked down, to be se- resenting, runs some 800 miles along merce happens between the U.S. and cured, and to be forgotten. the Texas-Mexico border. It includes Mexico. That equates to some $45 mil- We’re here to tell you today that the five ports of entry: Eagle Pass, Del Rio, lion in commerce per hour. facts and the truth and the reality Presidio, Fabens, and El Paso. No other Staffing increases at our ports would could not be further from the current congressional district shares a larger decrease wait times at our ports of debate that you’re hearing on the pub- border with Mexico. The district is entry, would increase security, and lic airwaves today. In fact, the commu- both rural and urban; and, frankly, it would lead to more effective screening nity that I represent, El Paso, Texas, is looks like what the rest of Texas will and entry for those who are traveling, the safest city in the United States bar soon look like because it is evenly split as well as for imports that are coming none. It was the safest city last year in between Democrats and Republicans. into the United States. It is those long the United States, and the year before Because this district has the largest lines at our ports of entry that hinder that. In fact, for the last 10 years, El border with Mexico, the policy discus- economic development and harm our Paso, Texas, has been among the five sion about border security, about im- economy. safest cities anywhere in the United migration reform, these conversations Yes, it is true; no one will argue that States. greatly impact the 23rd Congressional our Nation’s doorways must be secure But El Paso is not alone for its secu- District. Frankly, they impact the en- and that our trade and our commerce rity along the U.S.-Mexico border. San tire State of Texas. The passage or fail- along the border on which many small Diego is the second safest city in the ure of immigration reform will pro- and large businesses depend must be al- United States. Laredo recently ranked foundly affect us all. lowed to move efficiently. And I’m as one of the top safest cities of any In Texas, there are approximately 1.7 hopeful that as debate on the immigra- city in the United States. In fact, if million unauthorized immigrants com- tion issue continues, as we continue you’re on the U.S. side of the U.S.-Mex- prising 6.7 percent of the State’s popu- our conversations, that we can increase ico border, chances are you’re safer lation. According to a 2006 report from the staffing at CBP, a policy move that there than you could be anywhere else the Texas Comptroller of Public Ac- does, in all truth, make sense for in the country. Texas. And these benefits do not just accrue counts, who was a Republican office holder at the time, she indicated in her But as far as the fence is concerned, to El Paso, to Texas, and to the border the border fence, in a time of tight lands. There are jobs, tens of thousands report the absence of the estimated 1.4 budgets, I have to say that I’m very of jobs, hundreds of thousands of jobs million undocumented immigrants in perplexed as to why Congress would in States throughout the country, bil- Texas in fiscal year 2005 would have spend so much money on an ineffective lions of dollars of economic growth re- been a loss to our gross State product project. You’d be hard-pressed to find lated to our trade with Mexico, not of $17.7 billion. Well, as public servants, too many Texans, particularly those just in Texas, Arizona, New Mexico, as I indicated early on, the weight of who live and work or have been raised and California, but Montana, Florida, our words is rather heavy. I have asked along the border, who support the no- Indiana, Ohio, and Michigan. Again, it the current controller to provide an up- tion of a fence. is important to emphasize that even dated study to shed some light on the Let me give you a couple of examples that trade coming north from Mexico true impact, the current impact, that and a couple of quotes: in many cases originated in these other our State has as a result of these un- States that are not border States. documented immigrants. The idea that you’re going to build a wall So one of the messages that we hope from Brownsville to El Paso is just—it’s ri- b 1600 diculous on its face. carries from today is regardless wheth- er you are in El Paso, Texas, and un- The study would ensure that all 38 That quote comes from the Governor derstand the border inherently, or if Members of Congress from Texas, and of Texas, Rick Perry, just last year. you’re in Detroit, Michigan, you have a everyone else, can have adequate infor- How about this quote? vested interest in a healthy border. A mation during what is a very impor- The border fence is a 19th century solution healthy border equals a healthy U.S. tant policy debate. to a 21st century problem. economy. That equals more jobs, more A more recent study from the Immi- That quote comes to us from Senator economic growth, and more positive gration Policy Center noted that if all of Texas in 2006. factors for the U.S. going forward. unauthorized immigrants were re- As I’ve said, I’m opposed to the no- So with that introduction of what it moved from Texas, the State would tion of a border fence and would rather is that we hope to cover today, I now lose $69.3 billion in economic activity. that we shore up our ports to speed up want to yield to PETE GALLEGO, who by The State would also lose $30.8 billion commerce. A fence isn’t something land mass represents almost a quarter in gross State product, and approxi- that those of us who represent the bor- of the State of Texas, someone who has mately 403,174 jobs, even accounting for der support, but we understand that it served in the State legislature, some- adequate market adjustment time. is important to bring families out of one who lives and understands the bor- Well, after more than two decades, the shadows. der and can speak to the positive dy- I’m very encouraged that comprehen- Economically, here is what com- namics that we see there. sive immigration reform is clearing prehensive immigration reform means Mr. GALLEGO. Mr. Speaker, I would hurdles in the Senate. I’m hoping that to those of us along the border and like to thank my colleague, Congress- our colleagues in the House will take it elsewhere: man O’ROURKE, my fellow west Texan, up as well as soon as possible. To each and every one of us, it means with whom I share the privilege of rep- Make no mistake. The legislation that our deficits will decrease, while resenting El Paso County, for yielding that’s in the Senate, it’s not what I GDP, productivity, investment, and me this time to talk about some issues would have drafted. Those of us on the employment will increase. Our country that are critical to the border. border know that what we need are will save over $1 trillion, or about $1 I have to say, Mr. Speaker, that I more Customs and border protection trillion over the next two decades. don’t want to use any incendiary rhet- agents at our ports of entry. More than 10 million people will pay

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.057 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4070 CONGRESSIONAL RECORD — HOUSE June 26, 2013 $459 billion just in income and payroll What concerns me are some of the community, jobs throughout this State taxes during the first 10 years. And provisions that specifically relate to and this country, you’re doing a dis- over that decade, we will reduce the the U.S.-Mexico border: service not just to us—because I don’t Federal deficit by $197 billion and will You’re talking about 600 miles of bor- expect the rest of Congress to care add more than $200 billion into the So- der fencing and walls that currently about the border, necessarily—not just cial Security trust fund. The decade exist being expanded to more than 1,400 to the State of Texas, but you are after that, comprehensive immigration miles of the 2,000-mile border. You’re doing harm to the national economy. reform will reduce the Federal deficit talking about a Border Patrol force So if we need to spend more money, by $700 billion. that today is more than 20,000, which is if we need to put tighter focus on the In Texas, all the key players are more than double what it was in 2001, border, this is where we need it. And standing steadfast for immigration re- being doubled yet again to more than those Border Patrol agents that we form. It’s supported by the chambers of 40,000, and all this for the cost of up- have are doing a remarkable job, and commerce. It’s supported by the Texas wards of $50 billion a year. And as Rep- we stand fully behind them and want Farm Bureau. It’s supported by labor, resentative GALLEGO pointed out, this to make sure that we support them in and it’s supported by public opinion in is at a time of tight budgets, of seques- their current objectives and that we our State because it makes economic ter, of record deficits and debt. We sim- can afford to pay them what they’re sense. ply can’t afford to move forward like owed, which by the way, under the se- My paternal grandfather worked cat- this. quester, we’re not doing today. tle and founded a small family res- But I will grant the proponents of Instead of taxing resources where we taurant that launched our family into these measures this: there’s a certain already have it covered, let’s move the middle class; my maternal grand- crude logic to that. If you have a prob- those resources to our ports of entry father built fences across the hard- lem with immigration, if you have a and make sure that we have Customs scrabble landscape of far west Texas; problem with flows northward from and Border protection officers who can and today, I have the privilege of rep- Mexico and Latin America, then put- speed the flow of legitimate travel, resenting the 23rd District in Congress. ting a wall in place, doubling the Bor- trade, and commerce through our ports In this Nation, our values teach us der Patrol that’s patrolling that line, of entry. That will create jobs not just that families stick together and that there’s a crude logic to it. And it’s a for my district and improve the quality hard work, not circumstances, should solution, albeit a 19th century solu- of life not just in El Paso and along the shape our future. It really is a country tion, as our Senator said, to a problem, border, but it will be a net benefit to of opportunity. Our Nation becomes but it is a problem that, by all ac- this country. It will be an investment stronger as more people pledge alle- counts, does not exist. that pays back many, many times giance to our flag and commit them- Net migration from Mexico last year over. selves fully to our Nation and to our was zero. We had record southbound de- And now to hear from somebody who economy. portations, record low northbound ap- also understands the U.S.-Mexico bor- der quite well and who lives there, who I’m hopeful that we can move quick- prehensions. We’re spending $18 billion has his family there, has grown up ly on this, this very important policy a year on border security, twice what there, and has done a remarkable job matter that greatly impacts not only we were spending in 2006. representing the interests of the U.S. the 23rd District, but the entire State As I mentioned before, we’ve more border, I’d like to yield to FILEMON of Texas and, frankly, our country as a than doubled the size of the Border Pa- VELA from Brownsville, Texas. whole. Immigration reform is right. trol, and the border is as secure as it Mr. VELA. Mr. Speaker, I thank Mr. The time is right, and Texans are has ever been. El Paso, the safest city; O’ROURKE for putting together this counting on us. San Diego, the second safest. The U.S. side of the U.S.-Mexico border is the Special Order. It is significant, if you’ve ever been safest place to be anywhere in the Today, I rise in opposition to provi- in the Texas capitol. Years ago, our United States today. We had no less sions which condition a pathway to forefathers and foremothers who built authority than the Secretary of Home- citizenship on the construction of addi- that beautiful pink granite building land Security say the border is as safe tional border fence. Historically, our faced the front door in a certain direc- as it has ever been. The head of the country has criticized the construction tion. Our front door of the State cap- Border Patrol said the border is as safe of barriers of all kinds. For instance, in itol doesn’t face north, towards Wash- as it’s ever been. By any rational meas- 1987, President Reagan stood at the ington. Our front door faces south, to- ure, that is not where the problem ex- Brandenburg Gate near the Berlin Wall wards Mexico. The front door to our ists. and said, Mr. Gorbachev, tear down Nation, as Governor Richards used to This next slide, I think, in an image this wall. Two years later, the wall was refer to it, is a very important doorway and in a picture, shows you where the demolished, ushering in a new era of for trade, for commerce. It’s histori- problem exists today. economic harmony. cally significant, not only for Texas, As someone who lives on the border but for the rest of our country. b 1610 in Brownsville, Texas, I can state with Again, immigration reform is right This slide here represents the Paso certainty the argument that construc- for Texas, it’s right for America, and del Norte port of entry coming back tion of additional border fence will it’s something that this Congress into El Paso from Ciudad Juarez. There stem the flow of undocumented immi- should make sure happens as soon as are 6 million crossings each year be- gration and increase border security is possible. tween El Paso and Juarez, and many of flawed, for many reasons. Mr. Speaker, I’m very grateful to those coming north are U.S. citizens, First, erecting some more border Congressman O’ROURKE for yielding me Mexican citizens, and tourists visiting fence drives a wedge between border this time. our region, who face these kinds of communities which are culturally Mr. O’ROURKE. I want to thank Rep- lines that can last upwards of 4 hours united. Many who live on the U.S. side resentative GALLEGO for his very elo- to enter the U.S. And for those of you of the southern border have family and quent support of moving forward with who have not been to El Paso, you may friends who live on the Mexican side comprehensive immigration reform not know that we, with Ciudad Juarez, and vice versa. The current border and doing so in a rational, fact-based are literally joined at the hip. Our fence has come to symbolize divisive- manner. And I think he would agree street grids flow into each other. Our ness and serves as a daily reminder of with me that we are very pleased to see families live on both sides of the bor- a flawed immigration system. For this progress being made in the Senate. der. We may wake up in El Paso, do reason, the residents on both sides of Whether it was originally with the business in Juarez, and come back at the border oppose the border fence. Group of 8 or the 60 or more Senators the end of the day—or vice versa. We Second, the construction of addi- who have since joined them in key sup- are truly a binational community. And tional border fence will damage al- portive votes to move this forward, I’m when you choke commerce that sup- ready fragile wildlife and natural re- happy that we’re making progress. ports tens of thousands jobs in my sources. Bobcats, coyotes, owls, lizards,

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.060 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4071 snakes, and raccoons all rely on habi- Pennsylvania’s top sector in exports to us in this body, here in the United tat on both sides of the border. Addi- Mexico, representing $560 million and States. tional fencing will adversely impact 21 percent of the State’s total exports It is my feeling that the wall that ex- these and other animal habitat. to Mexico. In addition, $547 million in ists today—the 600 miles of the 2,000 Third, erecting additional border primary chemicals are exported to miles that join the United States and fence will cost billions of dollars. This Mexico. Mexico—the 600 miles of fencing today money could be more efficiently spent In the South, the State of Tennessee, will soon be looked at by a majority of on less intrusive, high-tech border sur- the total trade volume between the Americans in this country as some- veillance and economic aid to border State of Tennessee and the country of thing to be ashamed of, as folly that communities in the U.S. and Mexico. Mexico is $7.62 billion. Tennessee ex- followed the paranoia and the anxiety The focus of these provisions is mis- ports $3.81 billion to Mexico. Twenty- that we have towards Mexico and the guided, as it promotes a quick fix to a three percent of all cotton exported to U.S.-Mexico border today. problem that is rooted in violence and Mexico from the U.S. comes from Ten- When you think about the cost of lack of opportunity. Since 2006, ap- nessee, making the State the second this wall, the current wall cost us more proximately 71,500 people have been largest exporter of cotton to Mexico, than $2.4 billion to build and will cost killed as a result of cartel violence in with $256 million in revenue. Also, $855 us another $6.5 billion to maintain for Mexico. million worth of transportation equip- just the next 20 years. Why would we While Mexico’s overall economy has ment is exported to Mexico from the then spend more than $16 million per performed exceedingly well in the re- State of Tennessee, and 122,085 jobs in mile for additional walls that will cost cent past, economic conditions along Tennessee depend on trade with Mex- us billions of dollars to build over the the U.S.-Mexico border remain consist- ico. next 5 or 10 years and then probably ently stagnant. The real solution for The State of Alabama, the total vol- hundreds of millions, if not billions, to reducing the flow of undocumented im- ume of trade between the State of Ala- remove once we’ve realized our mis- migrants into this country from Mex- bama and the country of Mexico is $2.7 take, which I hope is not too far in the ico is to promote economic develop- billion. Alabama exports $1.72 billion future. ment on both sides of the border, there- worth of goods to Mexico. Transpor- If there is fear and anxiety and frus- by providing more economic opportuni- tation equipment is the State’s largest tration with Mexico, I’d like to know ties for an ever-increasing population. export industry to Mexico, generating where that’s coming from, because it’s Fostering a vibrant border economy $466 million and representing 27 per- not coming from the facts and the fig- will mean that young men and women cent of the State’s exports to Mexico; ures that we see in El Paso and that we will have an option other than orga- and 86,212 jobs in the State of Alabama see when we look at Mexico. Mexico is nized crime to provide for their fami- depend on trade with Mexico. a growing, dynamic, vibrant economy. lies. The State of Kansas, the total trade It has millions of people moving into While this amendment ignores the volume between the State of Kansas the middle class. It’s modernizing. It’s fundamental cause of illegal immigra- and the country of Mexico is $2.38 bil- breaking up its monopolies. tion into the United States, it also lion. The State of Kansas exports $1.63 The country of Mexico has more free does not account for the deep trade ties billion in products to Mexico. Crop pro- trade agreements with other countries between the United States and Mexico. duction is Kansas’ strongest industry than any other country on the planet. As my colleague from Texas men- in terms of exports to Mexico, account- This is a country that wants to move tioned, last year alone the United ing for $588 million in export revenue ahead, that wants to do well for its States greatly benefited from the esti- annually and 37 percent of total ex- citizens, that’s investing back in itself mated $500 billion in trade with Mex- ports to Mexico. Eleven percent of and is providing opportunity so that ico, supporting 6 million jobs across aerospace products exported from Kan- people don’t seek that opportunity in the United States. Trade with Mexico sas go to Mexico. Mexico is the largest other countries like the United States. even impacted the economy of Alaska importer of corn and the third largest I think that helps explain why net mi- and our island State of Hawaii. Impor- importer of beef from the State of Kan- gration from Mexico into the U.S. was tantly, trade with Mexico is critical to sas. And 59,341 jobs in Kansas depend at zero this past year. the economies of States on the border on trade with Mexico. Again, Mexico is not a threat. The and those far removed from the Mexi- U.S.-Mexico border should not be a b 1620 can border. And I will give a few exam- source of anxiety. Mexico is a big part ples. Clearly, all States benefit greatly of our future, it’s been a big part of our In the State of New Hampshire, for from trade with Mexico. Erecting more past, and it’s a positive source for instance, the total trade volume be- border fence would chill the robust eco- those things that we want to see hap- tween the State of New Hampshire and nomic relationship that our country pen in this country. the country of Mexico is $1.5 billion. and our States enjoy with that coun- Someone who understands that quite Computers and other electronic prod- try. Rather than constructing new hur- well from representing her district ucts amount to $680 million, or 72 per- dles to trade with Mexico, we should be along the U.S.-Mexico border in south- cent, of New Hampshire’s total exports tearing down trade barriers in order to ern California—part of a State, by the to Mexico. And 28,531 jobs in the State promote and strengthen our relation- way, that has seen more than a 30 per- of New Hampshire depend on trade ship with our neighbor country. cent drop in crime over the last 10 with Mexico. Mr. O’ROURKE. I want to thank my years despite, and maybe because of, In the State of New York, the total colleague from the Rio Grande Valley. the fact that it borders Mexico and has volume of trade between the country of Here he is meeting the anxiety, the such large immigrant populations—I’m Mexico and the State of New York is paranoia, and the legislation based on happy now to yield the floor to my col- $5.67 billion. New York exports $2.6 bil- emotion instead of facts with the cold, league from California (Mrs. DAVIS). lion of goods to Mexico, and 381,238 jobs hard truth of our economic inter- Mrs. DAVIS of California. Mr. Speak- in New York rely on trade with Mexico. dependence with Mexico. We ignore er, I am very pleased to be here with Mexico ranks among New York’s 10 this at our peril and to the peril of mil- my colleagues today. I certainly want international markets, with 384,000 lions of jobs in this country, hundreds to thank Mr. O’ROURKE and Mr. VELA travelers per year. Jewelry is one of of billions of dollars of economic oppor- and Mr. GALLEGO for presenting what the largest exports from New York to tunity and growth. we all believe is so critical and so im- Mexico, with $500 million in value. We welcome the focus and the atten- portant. The State of Pennsylvania, the total tion at the U.S.-Mexico border, but we It’s not just about border commu- volume of trade between the State of want those who are watching to see the nities and border cities that acknowl- Pennsylvania and the country of Mex- truth. The truth is we are a positive, edge and benefit from our relationship ico is $5.59 billion, and 246,409 jobs in dynamic source of jobs and economic with the border, and particularly with Pennsylvania rely on trade with Mex- opportunity for this hemisphere for the Mexican border; it really is the en- ico. Primary metal manufacturers are both Mexico and, most importantly for tire States that we’re representing and

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.061 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4072 CONGRESSIONAL RECORD — HOUSE June 26, 2013 far beyond that. Because my colleague assets to our Nation. But instead, from? If I had to characterize it blunt- represented how much trade is done in chronic underfunding has led to wait ly, I would say that it comes from other States throughout our country— times that cost our country every day those who feel that Mexican nationals we know it’s important to national se- in total productivity loss and tax rev- are coming to our country to steal our curity—we also know it’s important to enue. It’s tremendous. Wait times jobs, take our resources, consume our our economic interest, because that translate to $7.2 billion in output loss benefits, and put our country at an trade fuels our economy, it stimulates and cost us upwards of 62,000 jobs— economic disadvantage. our competitiveness, and it also re- 62,000 jobs—people who could be work- But again, if we take that and then flects our cultural values. Those things ing if we could make our ports of entry actually look at the underlying facts, are critically important, and we need more efficient. we see a far different picture. The Con- to bring those into the discussion as Well, we do have some good news. gressional Budget Office has recently well. Congress has already authorized infra- scored the comprehensive immigration You know, we often talk here in Con- structure improvements at the Na- reform proposal from the Senate and gress about the need to give businesses tion’s ports of entry, including critical has found that over the next 10 years it the certainty that they need, but hon- phases at the San Ysidro Port of Entry will net $197 billion in deficit reduction estly, look at what’s been happening in San Diego. We know that’s the busi- for the United States. That’s a huge today. The budget standoffs and se- est land crossing in the world. So positive for this country, and that’s by questration are doing just the opposite that’s the good news that Congress has the numbers by a nonpartisan analysis of what our businesses really need. In authorized that. of the facts. The next 10 years fol- fact, Congress’ inability to pass legisla- What’s the bad news? The bad news is lowing that first decade, it jumps to al- tion is jeopardizing our greatest oppor- that Congress has refused to provide most $700 billion in deficit reduction. tunity right now, which is economic the funding necessary to break ground Those are net positives to this country. growth, and that is our commerce on those two additional phases. And Even for those immigrants who are along our borders. you know what? That’s just not con- here today in an undocumented status, Six million U.S. jobs depend on trade sistent for what we talk about as need- we find that they are net contributors with Mexico. Shall I say that again? ing a border security bill for this Na- to our economy and to our tax system Six million U.S. jobs depend on trade tion. The fact that that is so under- rather than net beneficiaries in terms with Mexico. Last year, imports from funded and chaotic, by any means, sug- of drawing down those benefits and re- Mexico accounted for more than half of gests that we don’t really think that sources. So any way you look at it, any our two nations’ total trade, which is we need to do the right thing when it way you cut it, immigration to the about $278 billion. Sometimes we can comes to border security. United States is positive. differ slightly on those numbers, but So let’s place the need where it be- Again, the factors that we see today that’s about what it is. That trade re- longs. It belongs on infrastructure, and in Mexico lead us to believe that the lies on modern infrastructure, it relies it belongs in trying to figure out what situation will only get better. Mexico is it that’s going to make a difference on roads, and it relies on ports of entry is the 14th-largest economy in the for this country. Well, certainly fund- that can accommodate the enormous world by GDP. It’s expected to grow ing that border security will help on volume of goods coming through every from this year to 2016 by almost 5 per- the border for ports of entry. single day. cent annually. The lowest unemploy- But what’s the reality today? Well, If there is one thing that this body ment rate in all of Latin America is in the reality is that our ports of entry should be able to do, that we should be Mexico today, and we expect it to fall are in various states of disarray be- able to come together on, it should be as low as 3.5 percent by 2016. cause of underfunding for improvement a smart investment that businesses If we have net-zero migration from and modernization projects. Our ports want and workers need. I can assure Mexico today, I think there’s a good do not have the capacity to meet this you, that’s what they want and busi- case to be made that it will be a nega- demand, meaning that often people nesses need. tive number by 2016. There is abso- have to wait up to at least 21⁄2 hours So I urge my colleagues to get to during the day of commerce and trucks work on a budget that supports our Na- lutely no sense in building 1,000 miles up to 6. tion’s ports and our engines of eco- more of walls, of spending $50 billion in You know, there’s an app out there nomic growth and place the need for doubling the size of the border patrol, that tells users how long of a wait to border security where it belongs. We for a threat that does not exist, for a expect. In San Diego, in the district, know that it will help create the eco- problem that does not exist. I think we’ve illustrated where those wait times on Sundays at the San nomic engines that we need for our fu- resources would be better spent—to Ysidro Port of Entry can reach 3 to 4 ture. hours, and now and then it can even ex- Thank you so much to my col- create more jobs, more economic ceed that. leagues. I appreciate your bringing us growth, and more positive development The other day, I was up early getting together for this. for the U.S. economy and for our coun- ready to board a plane to come into try. 1630 Washington from San Diego; and even b Someone who I think has been quite at about 5:30 in the morning, at the Mr. O’ROURKE. Thank you Rep- articulate on this issue in the past, es- ports of entry, the wait was about 1 resentative DAVIS. I appreciate hear- pecially from his perspective on the hour and 45 minutes. And you know ing, again, more facts, more rational U.S.-Mexico border in Arizona, is rep- what? They were celebrating the fact arguments, from my colleague from resentative RAU´ L GRIJALVA, and I now that it was only that long. California about the border. I place yield such time as he may consume so You have to come down to the border that in contrast to, again, the anxiety he can illustrate the positive dynamic to see this. I think for folks who don’t and the fear that is surrounding much of the U.S.-Mexico border. live on a border like we have in San of the border policy that we’re hearing Mr. GRIJALVA. Mr. Speaker, let me Ysidro in San Diego, you can’t even from the Senate and in some circles thank my colleague from Texas, Con- imagine how many cars are assembling here in the House. gressman O’ROURKE, for organizing this there. It’s pretty spectacular. And you The reason that we are so sensitive discussion, a discussion that needs to know what? It shouldn’t be this way, to that here on the U.S. side of the happen. A discussion that talks about and it doesn’t have to be this way. No U.S.-Mexico border is we bear the the border in a full context is drowned modern economy can operate under brunt of those policies. The dispropor- out by the shrillness, the overreaction, those conditions. No modern economy tionate burden of the enforcement, of and a rhetoric that sometimes borders devotes just $50 million to fund infra- the cost to our economies, to our way or crosses into hatred and fear. structure projects for ports of entry for of life, falls to those communities that I represent District 3 in southern Ari- our entire Nation. Think about that: reside on the U.S. side of the U.S.-Mex- zona, 300 miles of border between the $50 million for all of our ports of entry. ico border. U.S. and Mexico that I happen to have What we should be doing is viewing But what is the source of that anx- the privilege to represent. Border com- our ports of entry and our borders as iety and fear? Where does it come munities, such as Nogales, San Luis,

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.063 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4073 and Sasabe are all part of this district I think, to me pure political symbolism that the discussion is over facts, that that I represent. I grew up in those bor- and doesn’t really address the issue of it’s rational, that we talk about the derlands, borderlands that share a com- security. human quotient involved in this dis- mon history, heritage, and share a If you want to address the issue of se- cussion and not the pandering, fear- common dependency on the economic curity, you must deal with the ports of mongering and divisions that have development and the jobs and the so- entry primary, you must fully staff marked this debate in this House, to cial welfare of those borderlands. That Customs, and you must have the very which the leadership of this House in- dependency is with our neighbors necessary blend on the border of secu- structs its Members. Let this be a de- across the border in Mexico. rity, trade, economic development, and bate about the future of this country, I want to talk a little bit about look- necessary and important exchange not the divisions of this country. ing at this context in very human with Mexico. I want to take time again to thank terms, in geographical terms, and in Congressman O’ROURKE, a freshman b 1640 historic terms. The discussion on im- who has taken leadership on this issue migration reform, when it comes to the Two issues: the humanitarian issue and on that of the borderlands, and I issue of security, has been about how in Arizona. am very grateful for his organizing much more can we do in order to sat- Arizona has been ground zero on the this. isfy, in order to accommodate, and in question of immigration and immi- Mr. O’ROURKE. I thank my col- order to draw more support for a com- grants beginning with State Law 1070, league from Arizona for talking about prehensive immigration reform pack- which was thrown out by the Supreme the moral dimension of this issue and age. I understand the logic, but I—cer- Court, beginning with various legisla- for putting a human face on a problem tainly with the Corker amendment— tive efforts at the State level to make and also on the opportunity, the other don’t understand at all the overkill and immigrants a target in that State, side of that problem, that being the op- the excess. many of those legislative efforts hav- portunity we see along the U.S.-Mexico To double the number of border pa- ing been successfully defeated in the border. trol agents without a strategic plan, courts. To add a little bit to what he said, if without accountability for the 18, $19 The flow of drugs should be the point you just look at the numbers in terms billion that has been spent on this bor- of concentration, the organized crime of northbound apprehensions along our der up to this point, I think is throwing on both sides of the border, the southern border, 7 years ago the aver- money, potentially good money, after gunrunning there, drugs coming this age agent apprehended 106 migrants for bad. way, people-smuggling and the abuses every agent patrolling the line. Last Second of all, to look at technology associated with that. If there is going year, it was 17. In the El Paso sector, it as the answer, we should also be look- to be a security initiative as part of was 3.5. ing at addressing our ports of entry, this new comprehensive immigration The Corker-Hoeven proposal to add addressing the very, very real need of reform, let’s be focused, let’s be real, more than 800 miles of additional bor- understaffing among Customs agents and let’s address the real problem and der fencing to the tune of billions of that are essential both to security and the humanitarian crisis. dollars in order to double the size of the flow of goods and services, trade, Over 6,000 souls have perished in the the Border Patrol to the tune of more and economic development. desert in southern Arizona, in my dis- than $40 billion is a solution in search My colleagues have indicated how trict, and on the O’Oodham reserva- of a problem. Not only that—not only many jobs depend on this trade. This is tion—people desperate, people being is it a waste of taxpayer money—it is the second-leading trading partner in left there by coyotes. It’s a humani- also going to cause harm and death the world for the United States, Mexico tarian crisis. If the money we are talk- along the border. Last year, 477 people, is. We cannot have a border whose sole ing about for enforcement does not in- human beings, died in trying to cross purpose is to shut down the avail- clude rescue, humanitarian relief, then the southern border. It’s the second ability of goods and services and to it’s money that’s not addressing the highest number on record despite his- cripple and constrain the very trade problem. torically low migration. So, as we build that we need for economic development I guarantee you that, over a 10-year these walls and fortify our border, we in this country. Many jobs depend on period, if 6,000 people were to perish in push people who are coming here for it, and certainly the health and well- any other part of this world, we would economic reasons further out into being of the region depends on it. be calling it a human rights and a hu- more treacherous, harmful and deadly The excess of security, based on the manitarian crisis. It doesn’t get the at- terrain—and they are dying. More than amendment to the legislation in the tention it should, but the tragedy con- 5,000 people have died in this manner Senate, the overkill, as I called it—I tinues. With this increased security, over the last 15 years. Today, someone think one has to harken back to dis- people will look for further and fur- is eight times more likely to die cross- cussions that have been before this ther, more desolate areas in which to ing than one was 10 years ago. floor in the past, and that has to do attempt or to be dropped off by smug- Whether you look at this issue from with how much is enough. I will take a glers. Again, the deaths will increase. I a moral perspective, what we are doing very, very safe bet that regardless of suggest that that has to be part of it. in proposing the Corker-Hoeven amend- how much, how many, and how much Oversight in the context of security ment to comprehensive immigration money is spent on security along that needs to be part of it. Human rights reform is wrong. Whether you’re look- border—how high the fence is, how long abuses along the border due to the in- ing at it from an economic perspective, the fence is—that there will still be creased militarization has to be part of where we have record job growth and those who get up on this floor and on it. A uniform policy for the use of le- creation related to our trade and com- the other Chamber’s floor and demand thal force has to be part of it. The GAO merce with Mexico, shutting that down more without a plan, without account- report on those very procedures I just and not applying resources to facili- ability, and without an audit for what’s mentioned has to be completed, and tating that trade is wrong. When you been done at this point. those recommendations need to be im- look at it in terms of good policy and Let me discuss the current state of plemented before we continue to talk being good stewards of taxpayer money security on the border—the largest about giving more money without tak- at a time of sequester and at a time of numbers of deportations, the largest ing care of the civil rights, due process, deficits and record debt, this proposal number of detentions, 20,000 Border Pa- and humanitarian crisis that we have is wrong. I do want to say that com- trol agents on the border, largest num- on the border. prehensive immigration reform is a ber of apprehensions, and the reduction We have an opportunity in this Con- good thing, and we want to see it move in unauthorized entries into this coun- gress to finally reform this broken sys- forward, but let’s not attach proposals try, significant reduction. The plan in tem of immigration. We have an oppor- like this one to it that will do far more place to deter is, like it or not, work- tunity to do it in a just, humane, fair, harm than good and may imperil its ing. And for us to layer that with addi- and secure way. As we go forward with chances of success in this House and tional money, additional personnel, is, the debate in this House, let us hope for this country going forward.

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.065 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4074 CONGRESSIONAL RECORD — HOUSE June 26, 2013 Before I close, I do want to yield to come together in a nonpartisan manner something that will help us in terms of my colleague from the Rio Grande Val- and get after the concerns that this bringing down the costs of health care, ley, FILEMON VELA, who wants to make Nation cares so deeply about, most no- which, of course, solves our problems sure that we are focusing on problems tably those as they relate to jobs and with the national debt. where they truly exist, not where they security and the well-being of the Health care costs in the United have been created for political pur- country. States of America have risen to 18 per- poses. This evening, Mr. Speaker, what if I cent of our gross domestic product. Mr. VELA. Thank you, Mr. told you that we could deal with all of This next slide will demonstrate clear- O’ROURKE. I just have one final point the rising costs of health care, bring ly that we are way above every other to make. down the national debt and that we Western democracy, and this is what In neither Chamber nor, for that could do so while providing better qual- the inefficiencies of a system have pro- matter, in neither party, do we hear ity, coordinated patient-centered care? duced: a hodgepodge system that is in- talk these days of two things that I efficient and driven upward in its cost b 1650 think are very crucial to the debate, because of the lack of coordinated care and that is the violence in Mexico. There might be some skepticism. and outcomes that suggest a new para- Both countries have an obligation to What if I further told you that we digm shift and people coming together ensure that we eliminate that violence. could do it without raising taxes or and embracing that which is in the Second is the economic development cutting Medicare? In fact, what if we public health care system that works along the U.S.-Mexico border. The did it by extending the benefits of and does extraordinarily well, all Mexican economy is doing exceedingly Medicare? that’s in the realm of science, tech- well in central Mexico; but along our What if I were to tell you, Mr. Speak- nology, and innovation that we get U.S.-Mexico border, we still have a lot er, that this idea germinated with the from the National Institutes of Health to go. Heritage Foundation, a conservative and for the Centers for Disease Control Until we address those two things— organization dedicated to conservative that have been taxpayer funded and the violence and the economic condi- ideas, and was piloted by a Republican produced miraculous opportunities and tions along the border—we are going to Governor in a Democratic State and a better quality of life. Then, thirdly, to embrace that with have a very difficult time solving this served as the basis for what we now the private sector, entrepreneurial ef- entire problem. call the Affordable Health Care Act? forts to drive inefficiencies out of a Mr. O’ROURKE. I thank my col- The Affordable Health Care Act, in system. This chart demonstrates how league from Texas. its final form, was something that a that can be done and that there is both Mr. Speaker, I hope that what we number of colleagues on the Demo- the profit in doing it for the private have discussed today has been able to cratic side didn’t necessarily prefer. It sector and the results of lowering that illustrate the positive dynamic of the was not their first choice. A number cost for the public sector and an out- U.S.-Mexico border. wanted to see a single-payer system or come for patients that is centered What we have offered historically to Medicare for all, but that is not what around wellness, their well-being and this country, whether it is Ellis Island transpired and that is not what is the their security in the later years of for much of Latin America or the eco- law of the land nor is what is upheld by their life. It’s that combination that nomic growth that we’ve seen, not just the Supreme Court. we believe can work. along the border and in border States We need, in this body, a paradigm shift that will allow us to come to- How do we know that that is so? but for this entire country, 6 million We’re fortunate to see, even in this jobs depend on the commerce and trade gether and embrace the ideas that we all agree upon in a way that we can time of politics where there has been that cross our ports of entry along the disagreement and too much politics U.S.-Mexico border today. move this Nation forward. The budget leader in the Republican conference is around the quality of health care, that I hope we have also been able to illus- our citizens rightly deserve and the PAUL RYAN, a distinguished, bright, trate how harmful policies don’t just private sector in our hospitals with our and capable gentleman. We agree that hurt the U.S.-Mexico border but how doctors, with our surgeons, with our health care costs are what are driving they hurt the rest of this country in medical devices, and with our entrepre- our national debt. There is no doubt our ability to grow this economy and neurship are coming to embrace. The about that. Statistics will reveal that. create more jobs. passage of the Affordable Health Care Further, when it comes to improving Lastly, I hope that we’ve been able to Act is, in fact, a paradigm shift. show a positive way forward where we patient care, patient outcomes, making What do we need to shift to? How do can have comprehensive immigration sure that we provide for our elderly, we need to move that forward? Mark reform, where we can respond to con- making sure that we have a continuum Bertolini, the president of Aetna, based cerns about a secure border but do so of care for people, that’s something in Hartford, Connecticut, said that the in a way that does not sacrifice our that’s neither Democrat nor Repub- one thing we have to make sure of is economy, our way of life, and our Con- lican. That’s something that is truly that we’re not taking away benefits stitution. American and that we all agree on. from people who are going to pay for With that, Mr. Speaker, I yield back Where we may disagree but where we the medical devices—the hospitals, the the balance of my time. can come together is in recognition of doctors, the insurance, and the phar- f how we get to the solution, solve this maceuticals that they all need. We problem, instead of these endless JOBS, SECURITY, AND THE WELL- need to enhance that system. ‘‘tastes great, less filling’’ debates that Economists like Clayton Christensen BEING OF THE COUNTRY go on in the United States Congress. have talked at length about how we The SPEAKER pro tempore (Mr. To do so, you have to be bolstered by need to be disruptive in economies, and PITTENGER). Under the Speaker’s an- studies. in doing so, disruptive in terms of our nounced policy of January 3, 2013, the This slide will show that there are no innovation. With the genomic projects Chair recognizes the gentleman from less than 10 different studies that have at hand and the potential for people to Connecticut (Mr. LARSON) for 30 min- been authored by private sector indi- be living well beyond the age of 100 for utes. viduals that all point to one thing: my children and for current genera- Mr. LARSON of Connecticut. Thank that there’s $750 billion to $800 billion tions, as we all know obviously living you, Mr. Speaker. I believe I will be annually that’s wasted in fraud, abuse, longer, there’s a need for us to embrace joined by my colleague from Ohio (Mr. and inefficiencies. commonsense solutions and not issues RYAN), whom I will recognize at the ap- This evening, we want to focus on the that either say we have to drive down propriate time. inefficiencies, noting of course that the debt at the expense of beneficiaries We wanted to make this Special fraud, abuse, and waste are very impor- or that we have to raise taxes to help Order this evening about solution-driv- tant, have been documented several the beneficiaries. en legislation and about the need on times on ‘‘60 Minutes’’ and other nota- How about we drive out the ineffi- behalf of the United States Congress to ble sources as well, and certainly is ciencies within the system, get after

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.067 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4075 the fraud, abuse, and the waste, and cent. We’ve all had people come to our tunity. We all agree that the national work together as Democrats and Re- office and say, Hey, it went up 90 per- debt is a problem. We know that health publicans and achieve the goals that cent this year. How am I supposed to care is the primary domestic driver of we were sent here to do by both low- plan for capital investments? I want to that debt. We have an opportunity to ering the national debt and securing buy a new machine, and on and on and change that. We have a structure, the the future by making sure that there is on and on. framework of which, as I said in my Medicare there for all of our recipi- Where we start is, the current health opening remarks, was provided by the ents? care system is not working. We spend Heritage Foundation and was pioneered I think of so many people nearing the $8,000 per capita in the United States by Mitt Romney in Massachusetts as age of retirement who get trapped in versus $3,000 in developing countries, Governor, and done successfully. this gap. Once you turn 56, you start and we have worse outcomes. We have Let’s expand on that opportunity, thinking, Is my company going to keep worse outcomes here. What we’re talk- only make it better. Make it better be- me to age 65? What is going to happen ing about, what the CEO of Aetna is cause we know the great virtue of pub- to my pension? But most importantly, talking about, is how do we take this lic health and all it has meant for the what is the bridge I’m able to take to system and recognize and begin to ap- wellness of this country. We know the get to Medicare and will it be there? preciate in 2013 in America that if we great strength of our hospitals and doc- There’s got to be a resounding ‘‘yes,’’ put some money into prevention, if we tors and our scientific community, our and the important thing is that there’s pay doctors and nutritionists and dieti- innovators, our manufacturers, our a path forward to this. cians on the front end, we’re going to medical devices, our pharmaceutical Two things that are important to re- save a boatload of dollars on the back companies, we know the great genomic member: end. Seventy-five percent of health project that is going to have remark- One, that the national debt is real care costs go to chronic diseases that able abilities that are going to enhance and that we all agree that it has to be are mostly preventable. the quality of life like we have never addressed, and the primary driver is So here we are bogged down by a sys- seen it before. health care; tem when the answer is patient-cen- Instead of arguing the old wars and Secondly, Medicare is not an entitle- tered care and having people partici- the last battles, we have to be embrac- ment. It’s the insurance that people pate in their own health care. This is a ing the future in a way that makes the paid for. It’s taken out of your pay- challenge to every American to take American citizenry secure in the out- check. And if we drive the inefficien- responsibility for their own health, come of knowing that science, tech- cies out of the system, we actually can their own well-being, and to create a nology, and innovation, their govern- enhance the Medicare system and system that incentivizes everyone who ment and the best of the private sector, make it solvent well into the future is in the system to operate in this fash- are all working on their side. It’s not a while paying down our national debt. ion and help drive down health care question of choosing one or the other; costs in the long run. We all know this it’s embracing all three in a way that b 1700 intuitively, that if you take care of both lowers the costs, demonstrated in That should be the focus of the yourself, your diet matters, your nutri- study after study after study, and that United States Congress. It will help the tion matters, your exercise matters, will also enhance the quality of health economy, but most of all, it will help your checkups matter, and through the for our individuals. So many people in people in terms of the quality of care , by having every- Ohio, I know, have problems that have that they need. This is what we hope to body covered, it begins to change that dealt with this. achieve in Special Orders and pre- business model of having the insurance Mr. RYAN of Ohio. And to figure out vailing upon our colleagues on both company incentivized to keep and help how to target the technology. We were sides of the aisle to come together and people get and stay healthy. I think out at Walter Reed a few weeks ago, discuss solutions that will both reduce it’s time for us to take the advice of going through and seeing all of the var- the debt and preserve the Medicare sys- the CEO of Aetna. This isn’t JOHN LAR- ious techniques and approaches that tem. SON, this isn’t me. We’re looking at the are being used for our veterans that are A person who understands this better statistics here in our country, and we coming back, and they talk about hav- than most, who has made firsthand have to say, This is unacceptable. We ing high-tech health care, high-touch trips to hospitals and has written have so many sick people in our coun- health care. A good portion of our books, in fact, or at least a book, as I try, and we are doing nothing to pre- health care costs are driven up by the seek to credit you beyond your author- vent them from getting sick in the sickest 1 percent of the people, and the ship, Mr. RYAN, but certainly someone first place. top 5 percent of the people in health who understands the importance of co- Mr. LARSON of Connecticut. It isn’t care are driving a lot of the costs. ordinating care in such a manner that just the CEO of Aetna. As I was point- Mr. LARSON of Connecticut. Fifty an enlightened new Republic that we ing out earlier, a number of studies, percent of the costs. are will be able to participate in the whether they be done by Reuters, Mr. RYAN of Ohio. From the top 5 wholeness and wellness that can come whether they be done by Dr. percent. So 5 percent of the people from this paradigm shift afforded by Blumenthal and a number of groups fo- drive 50 percent of the health care the Affordable Care Act, and where rea- cused on this issue, they all arrive at costs. I think what a lot of these folks sonable minds can come together to the same conclusion: the system is in- are finding out, if you can surround achieve these goals. I yield to my col- efficient in its form, and how do you that patient, the patients in the center league, the gentleman from Ohio (Mr. improve that system. We’re at a fork in and figure out exactly what’s going on RYAN). the road here, as Dr. Blumenthal from and make sure that that patient has Mr. RYAN of Ohio. I thank the gen- the Commonwealth Fund points out. preventive care and a consistent doctor tleman, and I would like to say a deep Health care policy, we either are going and a consistent nurse and somebody thank you because I think this is one to end up in a situation, as the poster to consistently make sure that they of the key issues that we need to ad- points out, where we cut payments, re- are taking their medication, these dress as a country in order to have duce benefits, and restrict eligibility techniques, these medical homes, these healthier citizens, have a healthier for public programs, or we re-engineer accountable care organizations, to sur- economy, and drive down the national health care and improve the health round the patient to make sure that debt. As you said so eloquently, the big care costs, improve the outcomes for they get better, and then reward the driver for our national debt and defi- patients. doctor and the nurses and everybody, cits are the Medicare and Medicaid pro- As Mark Bertolini from Aetna says, the hospital, everybody who is involved grams, issues dealing with health. the answer lies not in cutting people’s for saying, we’re not going to pay you Look at what is weighing down busi- benefits but in improving their care. the same amount of money every time nesses right now. Small businesses es- This is the juncture that we’re at. It you see this patient that still has the pecially, huge increases in health care, would seem to me that, especially in same problem that they had from the year in and year out—10, 15, 20, 30 per- this body, that we now have an oppor- first time they came in; you will be

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.069 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4076 CONGRESSIONAL RECORD — HOUSE June 26, 2013 paid to make them healthy. And that ceuticals and all the science that we’ve And it’s on to the next one and on to begins to shift the incentive and brought to bear. the next one and on to the next one. squeeze some of that excess out of the We put a man on the Moon in less That’s not a system. That is not pro- system that the gentleman from Con- than 10 years. Can we solve this prob- tecting the integrity of the doctor/pa- necticut talked about. lem? tient relationship. And that, in and of Of course we can. And it’s on the cusp itself, can be a healing relationship, b 1710 of being solved. being able to sit down with the doctor Mr. LARSON of Connecticut. Well, Let’s embrace what the private sec- and find out what’s wrong. you know, inefficiencies, as I said, were tor is doing. Let’s embrace our sci- How much stress and anxiety do peo- going to be our focus. Let’s talk about entific and university communities and ple have when they just don’t know that just from a practical standpoint. our labs in a way that we’re coordi- what’s wrong? You say the word ‘‘inefficiency’’ and nating with them, coordinating in a Mr. LARSON of Connecticut. The what do people actually think? way that we drive out the inefficien- gentleman makes excellent points; and Think about the last time you were cies, because our end goal here is the it’s a point that underscores that, in any doctor’s office, or made any trip consumer, it’s the patient, it’s the cit- within this system, as the gentleman to the emergency room, and the num- izen of this country who’s paid tax dol- points out, we are going to need that ber of forms you had to fill out, the lars for this, who’s bought into an in- high quality of care. number of forms where we have com- surance system, who believes that his But our care coordination problems plicated a system that needs to be country, or she believes that her coun- have been driven by flawed designs. streamlined. try, is there for them in their time of The coordination of care in the new One of the things that our colleagues need as we make these critical transi- era, with all the science, technology and I should embrace is the need for us tions. and innovation that we can bring to to streamline regulation in the process The American people want to see us bear on this problem, and the flawed so that it becomes simple, cost-effec- here in this body working together. design of our payment systems, are tive, electronically or digitally driven Let’s work around the issues that drive what we need to correct. in a way that both reduces costs and us, the national debt, securing Medi- The beneficiaries will not only be our adds to a better quality of life for the care for the future, and understand veterans who return home and are in individual. that we have the tools, many of which need of our care, but our general popu- When Mr. Bertolini speaks, he talks we owe to the public health system, lation in dealing with this. The ex- about, as you point out, developing co- and the innovation, the labs, the Cen- change is going to present a great op- ordinated care with our areas, our cen- ters for Disease Control, the National portunity, an opportunity to have a ters of expertise. Whether it’s the Institutes of Health, and all that’s been paradigm shift, an opportunity for us Mayo Clinic or, in Ohio, the Cleveland done in our universities, as well as the to come together and solve major prob- Clinic, or whether it’s Sloan Kettering, entrepreneurial expertise and the cre- lems. And you know what? As the gen- whether it’s Jackson Labs in the State ation and innovation that comes from tleman from Ohio knows, if we solve of Connecticut, by working in conjunc- our great system. the national debt problem, then we tion and coordinating the best out- Let’s enjoin that in a way that we don’t have an issue with sequester, we comes, and then also doing this locally, solve problems, solution-oriented legis- don’t have an issue with debt ceilings, from the bottom up, that coordination, lation that gets over the ideological di- and we can get about the infrastruc- quite frankly, hasn’t existed before. vide and recognizes that we need com- ture system that we desperately need That’s what’s driven our health care mon outcomes on behalf of the Amer- costs up so dramatically. in this country to further enhance jobs. ican people. But within the innovation, tech- No other Western democracies in the Mr. RYAN of Ohio. And, I think, take nology, and manufacture of drugs and world, some that have more aging pop- what is working in areas systemically, of medical devices, and the technology ulations than we do, face a similar cri- but also techniques. Up at Walter Reed, that grows out of health care, we have sis. We have the opportunity to attack for example, they’re using things like a whole economy that’s ready to burst this like no other nation in the world. acupuncture. They’re using things that Just a word about the genomic and boom as well. can help with stress reduction. They’re That’s what we’ve got to be about. project. Jackson Labs is located in my using mindfulness-based stress reduc- That’s what I believe the American district in Connecticut, and they’re tion because we now know, in 2013, people want to see us solving. And I’m known for their Nobel Prize winners given all of the brain science, all of the glad that we’ve taken the time this because of what they have been able to research that the neuroscientists have evening to do that. do with mice. done all over the country and the Mr. RYAN of Ohio. And if you think Mice, as I know the gentleman from world, Dr. Richard Davidson, at the about what the small business person Ohio knows, because of their lack of an University of Wisconsin, and Dr. who’s suffered the brunt of these huge immune system, allow them to be Amishi Jha, at the University of health care increases over the last dec- great vehicles to test with respect to Miami, all of the greatest institutions ade or two, 120-some percent increase, I breakthroughs in disease and how we in the United States and the scientists think, in the last 10 years for a small deal with disease. that run these labs, that study the business person, their health care, over Well, when we add the genomic body, study the mind, they know that that period of time has gone up. project to that, and the advances that the future of health care is self-care. So if you start reducing that cost, we can make in cancer, heart disease, How do we help people reduce their the money that business person will diabetes, all of the areas that plague stress? have to reinvest can be a stimulant for us, we now have, at our disposal, but How do we help some of these sol- the economy. instead of a multitude of tests, and diers that come back that are on 6, 8, Mr. LARSON of Connecticut. I thank random testing, we can now get down 10, 12 drugs? the gentleman. I see that our time has to an individual’s DNA and make that We spend $300 billion a year on phar- expired. I thank the Speaker, and we change. maceuticals. That’s more than many of thank everyone for the opportunity to That is enormous cost savings. That the other countries in the world com- lay out this case of coordinated care is the full embrace of science and tech- bined. And we’re not saying that you and cooperation, reducing our national nology and innovation. That should be shouldn’t have prescription drugs, be- debt, and securing Medicare for our the discussion on the floor here, the cause you’re going to need them in this citizens. greatest breakthroughs and what we’re system that appreciates and tries to I yield back the balance of my time. going to do, and how it’s American in- utilize all of the tools in the toolbox to f genuity, it’s American innovation, it’s keep people healthy. American doctors and surgeons and But how do we create a system where ADJOURNMENT medical manufacturers and medical de- a doctor can have more than 5 minutes Mr. RYAN of Ohio. Mr. Speaker, I vices and chemistry, through pharma- with a patient? move that the House do now adjourn.

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.070 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE June 26, 2013 CONGRESSIONAL RECORD — HOUSE H4077 The motion was agreed to; accord- eral Home Loan Bank of Topeka, pursuant to tion’s final rule — Federal Acquisition Regu- ingly (at 5 o’clock and 19 minutes 31 U.S.C. 9106; to the Committee on Over- lation; Contractors Performing Private Se- p.m.), under its previous order, the sight and Government Reform. curity Functions Outside the United States 1988. A letter from the Secretary, Depart- House adjourned until tomorrow, [FAC 2005-67; FAR Case 2011-029; Item I; ment of Education, transmitting the sixty- Docket 2011-0029, Sequence 1] (RIN: 9000- Thursday, June 27, 2013, at 10 a.m. for sixth Semiannual Report to Congress of the AM20) received June 24, 2013, pursuant to 5 morning-hour debate. Office of the Inspector General for the period U.S.C. 801(a)(1)(A); to the Committee on f October 1, 2012, through March 31, 2013; to Oversight and Government Reform. the Committee on Oversight and Govern- 1999. A letter from the Chief Administra- EXECUTIVE COMMUNICATIONS, ment Reform. tive Officer, transmitting the quarterly re- ETC. 1989. A letter from the Secretary, Depart- port of receipts and expenditures of appro- Under clause 2 of rule XIV, executive ment of Education, transmitting the forty- priations and other funds for the period April communications were taken from the eighth Semiannual Report to Congress on 1, 2013 through June 30, 2013 as compiled by Audit Follow-up, covering the six month pe- Speaker’s table and referred as follows: the Chief Administrative Officer, pursuant to riod ending March 31, 2013 in compliance 2 U.S.C. 104a Public Law 88-454; (H. Doc. No. 1979. A letter from the Acting Under Sec- with the Inspector General Act Amendments 113—41); to the Committee on House Admin- retary, Department of Defense, transmitting of 1988; to the Committee on Oversight and istration and ordered to be printed. a letter on the approved retirement of Vice Government Reform. 2000. A letter from the Acting Principal Admiral Walter M. Skinner, United States 1990. A letter from the Attorney-Advisor, Deputy Assistant Secretary for Fish and Navy, and his advancement to the grade of Department of Transportation, transmitting Wildlife and Parks, Department of the Inte- vice admiral on the retired list; to the Com- a report pursuant to the Federal Vacancies rior, transmitting the Department’s final mittee on Armed Services. Reform Act of 1998; to the Committee on rule — General Regulations; National Park 1980. A letter from the General Counsel, Oversight and Government Reform. System, Demonstrations, Sale or Distribu- Federal Housing Finance Agency, transmit- 1991. A letter from the Attorney-Advisor, tion of printed matter [NPS-WASO-REGS- ting the Agency’s final rule — Rules of Prac- Department of Transportation, transmitting 8546; PXXVPADO515] (RIN: 1024-AD91) re- tice and Procedure: Enterprise and Federal a report pursuant to the Federal Vacancies ceived June 19, 2013, pursuant to 5 U.S.C. Home Loan Bank Housing Goals Related En- Reform Act of 1998; to the Committee on 801(a)(1)(A); to the Committee on Natural forcement Amendment (RIN: 2590-AA57) re- Oversight and Government Reform. Resources. ceived June 19, 2013, pursuant to 5 U.S.C. 1992. A letter from the President and Chief 2001. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Financial Executive Officer, Federal Home Loan Bank ment of the Interior, transmitting notifica- Services. of Seattle, transmitting the 2012 manage- tion that the Department issued payments 1981. A letter from the Secretary, Federal ment report and statements on the system of to eligible local governments under the Pay- Trade Commission, transmitting the Com- internal controls of the Federal Home Loan ments In Lieu of Taxes (PILT) Program; to mission’s final rule — Identity Theft Red Bank of Seattle, pursuant to 31 U.S.C. 9106; the Committee on Natural Resources. Flags and Address Discrepancies Under the to the Committee on Oversight and Govern- 2002. A letter from the Acting Director, Of- Fair and Accurate Credit Transactions Act ment Reform. fice of Sustainable Fisheries, National Oce- of 2003, as Amended by the Red Flag Pro- 1993. A letter from the Acting Senior Pro- anic and Atmospheric Administration, trans- gram Clarification Act of 2010 (RIN: 3084- curement Executive, General Services Ad- mitting the Administration’s final rule — AA94) received June 19, 2013, pursuant to 5 ministration, transmitting the Administra- Fisheries Off West Coast States; Modifica- U.S.C. 801(a)(1)(A); to the Committee on Fi- tion’s final rule — Federal Acquisition Regu- tions of the West Coast Commercial Salmon nancial Services. lation; Federal Acquisition Circular 2005-67; Fisheries; Inseason Action #3 [Docket No.: 1982. A letter from the Division Chief, Pol- Small Entity Compliance Guide [Docket: 130108020-3409-01] (RIN: 0648-XC686) received icy Division, International Bureau, Federal FAR 2013-0078, Sequence 3] received June 24, June 18, 2013, pursuant to 5 U.S.C. Communications Commission, transmitting 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Natural the Commission’s final rule — Review of For- Committee on Oversight and Government Resources. eign Ownership Policies for Common Carrier Reform. 2003. A letter from the Director, Office of and Aeronautical Radio Licensees under Sec- 1994. A letter from the Acting Senior Pro- National Drug Control Policy, transmitting tion 310(b)(4) of the Communications Act of curement Executive, General Services Ad- High Intensity Drug Trafficking Areas 1934, as Amended [IB Docket No.: 11-133] re- ministration, transmitting the Administra- (HIDTA) Program Report to Congress, pursu- ceived June 19, 2013, pursuant to 5 U.S.C. tion’s final rule — Federal Acquisition Regu- ant to Public Law 109-469; to the Committee 801(a)(1)(A); to the Committee on Energy and lation; Technical Amendments [FAC 2005-67; on the Judiciary. Commerce. Item XI; Docket 2013-0080, Sequence 3] re- 2004. A letter from the Acting Commis- 1983. A letter from the Chief, Policy and ceived June 24, 2013, pursuant to 5 U.S.C. sioner, Social Security Administration, Rules Division, OET, Federal Communica- 801(a)(1)(A); to the Committee on Oversight transmitting the Administration’s 2013 An- tions Commission, transmitting the Com- and Government Reform. mission’s final rule — Amendment of Part 15 1995. A letter from the Acting Senior Pro- nual Report of the Supplemental Security of the Commission’s Rules to Amend the Def- curement Executive, General Services Ad- Income Program, pursuant to Public Law inition of Auditory Assistance Device in ministration, transmitting the Administra- 104-193, section 231 (110 Stat. 2197); to the Support of Simultaneous Language Interpre- tion’s final rule — Federal Acquisition Regu- Committee on Ways and Means. tation [ET Docket No.: 10-26] received June lation; Updated Postretirement Benefit f 19, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to (PRB) References [FAC 2005-67; FAR Case the Committee on Energy and Commerce. 2011-019; Item X; Docket 2011-0019, Sequence REPORTS OF COMMITTEES ON 1984. A letter from the Secretary, Federal 1] (RIN: 9000-AM23) received June 24, 2013, PUBLIC BILLS AND RESOLUTIONS Trade Commission, transmitting the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XIII, reports of mission’s final rule — Freedom of Informa- mittee on Oversight and Government Re- committees were delivered to the Clerk tion Act received June 19, 2013, pursuant to 5 form. U.S.C. 801(a)(1)(A); to the Committee on En- 1996. A letter from the Acting Senior Pro- for printing and reference to the proper ergy and Commerce. curement Executive, General Services Ad- calendar, as follows: 1985. A letter from the Director, Office of ministration, transmitting the Administra- Mrs. MILLER of Michigan: Committee on Congressional Affairs, Nuclear Regulatory tion’s final rule — Federal Acquisition Regu- House Administration. House Resolution 277. Commission, transmitting the Commission’s lation; Free Trade Agreement (FTA)-Pan- Resolution dismissing the election contest final rule — Quality Assurance Program Re- ama [FAC 2005-67; FAR Case 2012-027; Item relating to the office of Representative from quirements Regulatory Guide 1.33 received IX; Docket 2012-0027, Sequence 1] (RIN: 9000- the Ninth Congressional District of Ten- June 19, 2013, pursuant to 5 U.S.C. AM43) received June 24, 2013, pursuant to 5 nessee (Rept. 113–132). Referred to the House 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on Calendar. Commerce. Oversight and Government Reform. Mrs. MILLER of Michigan: Committee on 1986. A letter from the Director, Office of 1997. A letter from the Acting Senior Pro- House Administration. House Resolution 278. Congressional Affairs, Nuclear Regulatory curement Executive, General Services Ad- Resolution dismissing the election contest Commission, transmitting the Commission’s ministration, transmitting the Administra- relating to the office of Representative from final rule — Fuel Oil Systems for Emergency tion’s final rule — Federal Acquisition Regu- the Forty Third Congressional District of Power Supplies Regulatory Guide 1.137 re- lation; [FAC 2005-67; FAR Case 2013-008; Item California (Rept. 113–133). Referred to the ceived June 19, 2013, pursuant to 5 U.S.C. VIII; Docket 2013-0008, Sequence 1] (RIN: House Calendar. 801(a)(1)(A); to the Committee on Energy and 9000-AM54) received June 24, 2013, pursuant Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on f 1987. A letter from the President and Chief Oversight and Government Reform. PUBLIC BILLS AND RESOLUTIONS Executive Officer, Federal Home Loan Bank 1998. A letter from the Acting Senior Pro- of Topeka, transmitting the 2012 Statements curement Executive, General Services Ad- Under clause 2 of rule XII, public on System of Internal Controls of the Fed- ministration, transmitting the Administra- bills and resolutions of the following

VerDate Mar 15 2010 01:46 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K26JN7.073 H26JNPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4078 CONGRESSIONAL RECORD — HOUSE June 26, 2013 titles were introduced and severally re- By Mr. BISHOP of New York (for him- H.R. 2518. A bill to increase the long-term ferred, as follows: self, Mr. JONES, Ms. DEGETTE, and fiscal accountability of direct spending legis- Mr. COOPER): lation; to the Committee on the Budget, and By Mr. WALDEN (for himself, Ms. H.R. 2510. A bill to direct the Secretary of in addition to the Committee on Rules, for a SCHWARTZ, Mr. COBLE, Mr. COFFMAN, Defense to establish within the Department period to be subsequently determined by the Mr. DENT, Mr. HANNA, Mr. HARPER, of Defense centers of excellence in the pre- Speaker, in each case for consideration of Mr. JONES, Mr. JOYCE, Mr. MCKINLEY, vention, diagnosis, mitigation, treatment, such provisions as fall within the jurisdic- Mr. MEEHAN, Mr. TIBERI, Ms. and rehabilitation of health conditions relat- tion of the committee concerned. BONAMICI, Mrs. CAPPS, Mr. DEFAZIO, ing to exposure to open burn pits; to the By Ms. LEE of California (for herself, Mr. ELLISON, Ms. LEE of California, Committee on Armed Services. Mr. FALEOMAVAEGA, Mr. COHEN, Mr. Mr. BEN RAY LUJA´ N of New Mexico, By Mrs. BLACK (for herself, Mrs. BACH- CONYERS, Mr. GRIJALVA, Mr. HONDA, Ms. PINGREE of Maine, Mr. SCHRADER, MANN, Mr. BISHOP of Utah, Mrs. Mr. MCGOVERN, and Ms. PINGREE of Ms. TSONGAS, Mr. SIMPSON, and Mr. BLACKBURN, Mr. BRIDENSTINE, Mr. Maine): JOHNSON of Ohio): BROUN of Georgia, Mr. CASSIDY, Mr. H.R. 2519. A bill to direct the Secretary of H.R. 2504. A bill to amend title XVIII of the CHAFFETZ, Mr. COTTON, Mr. CRAMER, State, the Secretary of Health and Human Social Security Act to ensure more timely Mr. DESJARLAIS, Mr. DUNCAN of Services, and the Secretary of Veterans Af- access to home health services for Medicare South Carolina, Mr. DUNCAN of Ten- fairs to provide assistance for individuals af- beneficiaries under the Medicare program; to nessee, Mr. FINCHER, Mr. GRAVES of fected by exposure to Agent Orange, and for the Committee on Ways and Means, and in Georgia, Mr. GOHMERT, Mr. JORDAN, other purposes; to the Committee on Vet- addition to the Committee on Energy and Mr. MULLIN, Mr. POMPEO, Mr. RADEL, erans’ Affairs, and in addition to the Com- Commerce, for a period to be subsequently Mr. ROE of Tennessee, Mr. SALMON, mittees on Energy and Commerce, and For- determined by the Speaker, in each case for Mr. SCALISE, Mr. SMITH of Missouri, eign Affairs, for a period to be subsequently consideration of such provisions as fall with- Mr. SOUTHERLAND, Mr. STEWART, Mr. determined by the Speaker, in each case for in the jurisdiction of the committee con- STOCKMAN, Mr. TIPTON, and Mr. WIL- consideration of such provisions as fall with- cerned. LIAMS): in the jurisdiction of the committee con- By Mrs. NEGRETE MCLEOD (for her- H.R. 2511. A bill to achieve domestic en- cerned. self and Mrs. NAPOLITANO): ergy independence by empowering States to By Ms. MICHELLE LUJAN GRISHAM H.R. 2505. A bill to direct the Secretary of control the development and production of of New Mexico (for herself and Mr. Transportation to issue certain regulations all forms of energy on all available Federal CUMMINGS): with respect to motorcoach safety, and for land; to the Committee on Natural Re- H.R. 2520. A bill to amend the Internal Rev- other purposes; to the Committee on Trans- sources. enue Code of 1986 to prohibit 501(c)(4) entities portation and Infrastructure, and in addition By Ms. DELAURO: from participating in, or intervening in (in- to the Committee on Energy and Commerce, H.R. 2512. A bill to amend the Truth in cluding the publishing or distributing of for a period to be subsequently determined Lending Act to establish clear regulatory statements), any political campaign; to the by the Speaker, in each case for consider- standards for mortgage servicers, and for Committee on Ways and Means. ation of such provisions as fall within the ju- other purposes; to the Committee on Finan- By Mr. BEN RAY LUJA´ N of New Mex- risdiction of the committee concerned. cial Services. ico (for himself, Ms. MICHELLE LUJAN By Mr. DENT (for himself, Mr. MURPHY By Mr. GOHMERT (for himself, Mrs. GRISHAM of New Mexico, and Mr. of Florida, Mr. COFFMAN, and Mr. LUMMIS, Mr. BISHOP of Utah, Mr. PEARCE): THOMPSON of Pennsylvania): LAMALFA, Mr. FLEMING, Mr. FRANKS H.R. 2521. A bill to amend the Public H.R. 2506. A bill to amend the Pay-As-You- of Arizona, Mr. PEARCE, Mr. Health Service Act to expand and intensify Go-Act of 2010 to create an expedited proce- STUTZMAN, Mr. COLE, Mr. HARRIS, Mr. programs of the National Institutes of dure to enact recommendations of the Gov- YOHO, and Mr. CRAMER): Health and the Centers for Disease Control ernment Accountability Office for consolida- H.R. 2513. A bill to clarify that a State has and Prevention with respect to translational tion and elimination to reduce duplication; the sole authority to regulate hydraulic frac- research and related activities concerning to the Committee on Oversight and Govern- turing on Federal land within the boundaries cavernous angioma, and for other purposes; ment Reform, and in addition to the Com- of the State; to the Committee on Natural to the Committee on Energy and Commerce. mittee on Rules, for a period to be subse- Resources, and in addition to the Commit- By Mrs. CAROLYN B. MALONEY of quently determined by the Speaker, in each tees on Agriculture, Transportation and In- New York (for herself and Ms. NOR- case for consideration of such provisions as frastructure, and Energy and Commerce, for TON): fall within the jurisdiction of the committee a period to be subsequently determined by H.R. 2522. A bill to amend title 38, United concerned. the Speaker, in each case for consideration States Code, to improve and make perma- By Mr. MASSIE (for himself, Mr. of such provisions as fall within the jurisdic- nent the Department of Veterans Affairs tion of the committee concerned. AMASH, Mr. JONES, Mr. YOHO, Mr. loan guarantee for the purchase of residen- By Mr. GRAVES of Missouri: ROE of Tennessee, Mr. BROOKS of Ala- tial cooperative housing units, and for other H.R. 2514. A bill to improve efficiency by bama, Mr. PITTS, Mr. MEADOWS, Mr. purposes; to the Committee on Veterans’ Af- consolidating some duplicative and overlap- DESJARLAIS, and Mr. GOHMERT): fairs. ping Government programs; to the Com- H.R. 2507. A bill to restrict funds related to By Mr. NADLER (for himself, Ms. mittee on Oversight and Government Re- escalating United States military involve- PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. form, and in addition to the Committee on CONYERS, Mr. POLIS, Mr. CICILLINE, ment in Syria; to the Committee on Foreign Appropriations, for a period to be subse- Mr. SEAN PATRICK MALONEY of New Affairs, and in addition to the Committees quently determined by the Speaker, in each York, Mr. POCAN, Ms. SINEMA, Mr. on Armed Services, and Intelligence (Perma- case for consideration of such provisions as TAKANO, Mr. ANDREWS, Mr. BARBER, nent Select), for a period to be subsequently fall within the jurisdiction of the committee Ms. BASS, Mr. BECERRA, Mr. BISHOP determined by the Speaker, in each case for concerned. of New York, Mr. BLUMENAUER, Ms. consideration of such provisions as fall with- By Mr. GRIJALVA (for himself, Mr. BONAMICI, Mr. BRADY of Pennsyl- in the jurisdiction of the committee con- HOLT, Ms. CLARKE, and Mr. CONYERS): cerned. H.R. 2515. A bill to amend the provisions of vania, Mr. BRALEY of Iowa, Ms. By Mr. CALVERT (for himself, Mr. the Elementary and Secondary Education BROWNLEY of California, Mrs. CAPPS, ´ HUNTER, Mr. ISSA, Mr. DENHAM, Mr. Act of 1965 regarding school library media Mr. CAPUANO, Mr. CARDENAS, Mr. LAMALFA, Mr. COOK, Mr. VALADAO, specialists, and for other purposes; to the CARNEY, Mr. CARTWRIGHT, Ms. CAS- Mr. COLE, Mr. GRIJALVA, Mr. Committee on Education and the Workforce. TOR of Florida, Mr. CASTRO of Texas, CA´ RDENAS, Mr. RUIZ, Mr. KILDEE, and By Mr. GRIJALVA (for himself, Ms. Mrs. CHRISTENSEN, Ms. CHU, Ms. Ms. MCCOLLUM): CHU, and Mr. PIERLUISI): CLARKE, Mr. CLAY, Mr. CLEAVER, Mr. H.R. 2508. A bill to authorize the Pechanga H.R. 2516. A bill to establish dual language COHEN, Mr. CONNOLLY, Mr. COURTNEY, Band of Luisen˜ o Mission Indians Water education programs in low-income commu- Mr. CROWLEY, Mr. CUMMINGS, Mr. Rights Settlement, and for other purposes; nities; to the Committee on Education and DANNY K. DAVIS of Illinois, Mrs. to the Committee on Natural Resources. the Workforce. DAVIS of California, Mr. DEFAZIO, Ms. By Mr. LEWIS (for himself, Mr. SCOTT By Mr. GRIJALVA: DEGETTE, Mr. DELANEY, Ms. of Virginia, Mr. SCHOCK, and Mr. SEN- H.R. 2517. A bill to improve the literacy DELAURO, Ms. DELBENE, Mr. DEUTCH, SENBRENNER): and English skills of limited English pro- Mr. DINGELL, Mr. DOGGETT, Mr. H.R. 2509. A bill to amend the Internal Rev- ficient individuals, and for other purposes; to DOYLE, Ms. EDWARDS, Mr. ELLISON, enue Code of 1986 to exclude from gross in- the Committee on Education and the Work- Mr. ENGEL, Ms. ESHOO, Ms. ESTY, Mr. come amounts received on account of claims force. FARR, Mr. FATTAH, Mr. FOSTER, Ms. based on certain unlawful discrimination and By Mr. KINZINGER of Illinois (for FUDGE, Ms. GABBARD, Mr. to allow income averaging for backpay and himself, Mr. MICHAUD, Mr. SCHOCK, GARAMENDI, Mr. GRAYSON, Mr. AL frontpay awards received on account of such Mr. MCINTYRE, Ms. JENKINS, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. claims, and for other purposes; to the Com- MATHESON, and Mr. RODNEY DAVIS of GUTIE´ RREZ, Ms. HAHN, Ms. HANABUSA, mittee on Ways and Means. Illinois): Mr. HANNA, Mr. HASTINGS of Florida,

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Mr. HECK of Washington, Mr. HIG- seling and treatment for sexual trauma that The constitutional authority on which this GINS, Mr. HIMES, Mr. HOLT, Mr. occurred during inactive duty training; to bill rests is pursuant to the following: HONDA, Mr. HORSFORD, Mr. HUFFMAN, the Committee on Veterans’ Affairs. 1) Article I, Section 8, Clause 1: ‘‘The Con- Mr. ISRAEL, Ms. EDDIE BERNICE JOHN- By Ms. TITUS (for herself and Mr. gress shall have Power To lay and collect SON of Texas, Mr. JOHNSON of Geor- HORSFORD): Taxes, Duties, Imposts and Excises, to pay gia, Ms. KAPTUR, Mr. KEATING, Mr. H.R. 2528. A bill to establish a task force in the Debts and provide for the common KENNEDY, Mr. KILDEE, Mr. KILMER, the Department of Veterans Affairs to assess Defence and general Welfare of the United Mrs. KIRKPATRICK, Ms. KUSTER, Mr. the retention and training of claims proc- States; but all Duties, Imposts and Excises LANGEVIN, Mr. LARSEN of Wash- essors; to the Committee on Veterans’ Af- shall be uniform throughout the United ington, Mr. LARSON of Connecticut, fairs, and in addition to the Committee on States’’ Ms. LEE of California, Mr. LEVIN, Mr. Oversight and Government Reform, for a pe- 2) Article I, Section 1- All legislative pow- LEWIS, Mr. LOEBSACK, Ms. LOFGREN, riod to be subsequently determined by the ers herein granted shall be vested in a Con- Mr. LOWENTHAL, Mrs. LOWEY, Mr. BEN Speaker, in each case for consideration of gress of the United States, which shall con- RAY LUJA´ N of New Mexico, Mr. such provisions as fall within the jurisdic- sist of a Senate and House of Representa- LYNCH, Mr. MAFFEI, Mrs. CAROLYN B. tion of the committee concerned. tives. MALONEY of New York, Mr. MARKEY, By Mr. TIPTON (for himself, Mr. By Mrs. NEGRETE MCLEOD: Ms. MATSUI, Mrs. MCCARTHY of New PEARCE, Mrs. LUMMIS, Mr. COFFMAN, H.R. 2505. York, Ms. MCCOLLUM, Mr. Mr. LAMBORN, and Mr. GARDNER): Congress has the power to enact this legis- MCDERMOTT, Mr. MCGOVERN, Mr. H. Res. 279. A resolution expressing the lation pursuant to the following: MEEKS, Ms. MENG, Mr. MICHAUD, Mr. sense of the House of Representatives that Article I, Section 8, Clause 8, ‘‘Congress GEORGE MILLER of California, Ms. allocating the appropriate resources to Shall have the power to regulate Commerce MOORE, Mr. MORAN, Mrs. NAPOLITANO, wildland fire management is needed to pro- with foreign Nations, among the several Mrs. NEGRETE MCLEOD, Mr. NOLAN, tect the environment, the economy, and the States, and with Indian Tribes.’’ and; Ms. NORTON, Mr. O’ROURKE, Mr. people of the United States, and for other Article I, Section 8, Clause 18, ‘‘Congress OWENS, Mr. PALLONE, Mr. PASCRELL, purposes; to the Committee on Agriculture, shall have the Power To make all Laws Mr. PASTOR of Arizona, Mr. PETERS of and in addition to the Committee on Natural which shall be necessary ad proper for Michigan, Ms. PINGREE of Maine, Mr. Resources, for a period to be subsequently carryng into Execution the foregoing Pow- PRICE of North Carolina, Mr. determined by the Speaker, in each case for ers, and all other Powers vested by the Con- QUIGLEY, Mr. RANGEL, Ms. ROS- consideration of such provisions as fall with- stitution in the Government of the United LEHTINEN, Ms. ROYBAL-ALLARD, Mr. in the jurisdiction of the committee con- States, or in any Department of Officer RUSH, Mr. RYAN of Ohio, Ms. LINDA T. cerned. thereof.’’ SA´ NCHEZ of California, Ms. LORETTA f By Mr. DENT: SANCHEZ of California, Mr. SARBANES, H.R. 2506. Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. MEMORIALS Congress has the power to enact this legis- SCHNEIDER, Ms. SCHWARTZ, Mr. SCOTT lation pursuant to the following: of Virginia, Mr. SERRANO, Ms. SHEA- Under clause 3 of rule XII, memorials were presented and referred as follows: Article 1, Section 8 PORTER, Mr. SHERMAN, Mr. SIRES, Ms. By Mr. MASSIE: SLAUGHTER, Mr. SMITH of Wash- 67. The SPEAKER presented a memorial of H.R. 2507. ington, Ms. SPEIER, Mr. SWALWELL of the Senate of the State of West Virginia, rel- Congress has the power to enact this legis- California, Mr. THOMPSON of Cali- ative to Senate Concurrent Resolution No. 76 lation pursuant to the following: fornia, Mr. TIERNEY, Ms. TITUS, Mr. urging the Congress to update the Renewable Article I Section 8 of the Constitution, TONKO, Ms. TSONGAS, Mr. VAN HOL- Fuel Standard; to the Committee on Energy which gives Congress the sole authority to LEN, Mr. VARGAS, Mr. VEASEY, Ms. and Commerce. declare war. VELA´ ZQUEZ, Mr. WALZ, Ms. 68. Also, a memorial of the House of Rep- By Mr. CALVERT: WASSERMAN SCHULTZ, Mr. WATT, Mr. resentatives of the State of Arizona, relative H.R. 2508. WAXMAN, Mr. WELCH, Ms. WILSON of to House Concurrent Memorial 2007 demand- Congress has the power to enact this legis- Florida, and Mr. YARMUTH): ing the Congress protest the proposed closing lation pursuant to the following: H.R. 2523. A bill to repeal the Defense of of Cherrybell Postal Processing and Dis- Article I, section 8, clause 3 of the Con- Marriage Act and ensure respect for State tribution Center; to the Committee on Over- stitution. regulation of marriage; to the Committee on sight and Government Reform. (Article I, section 8, clause 3: To regulate the Judiciary. 69. Also, a memorial of the House of Rep- Commerce with foreign Nations, and among By Mr. PAULSEN (for himself, Mr. resentatives of the State of Hawaii, relative the several States, and with the Indian KIND, Mr. GRIFFIN of Arkansas, and to House Concurrent Resolution No. 6 com- Tribes;) Ms. FUDGE): memorating the twentieth anniversary of By Mr. LEWIS: H.R. 2524. A bill to establish a program to the Apology Resolution; to the Committee H.R. 2509. provide incentive payments to participating on Natural Resources. Congress has the power to enact this legis- Medicare beneficiaries who voluntarily es- 70. Also, a memorial of the House of Rep- lation pursuant to the following: tablish and maintain better health; to the resentatives of the State of Oregon, relative This bill is enacted pursuant to the power Committee on Ways and Means, and in addi- to House Joint Memorial No. 7 urging the granted to Congress under Article I of the tion to the Committee on Energy and Com- Congress to increase investment in the United States Constitution and its subse- merce, for a period to be subsequently deter- Drinking Water Revolving Fund; to the Com- quent amendments, and further clarified and mined by the Speaker, in each case for con- mittee on Transportation and Infrastruc- interpreted by the Supreme Court of the sideration of such provisions as fall within ture. United States. the jurisdiction of the committee concerned. 71. Also, a memorial of the House of Rep- By Mr. BISHOP of New York: By Mr. SALMON (for himself and Mr. resentatives of the State of Idaho, relative to H.R. 2510. ANDREWS): Congress has the power to enact this legis- H.R. 2525. A bill to amend the Higher Edu- House Concurrent Resolution No. 22 demand- ing that the federal government extinguish lation pursuant to the following: cation Act of 1965 to authorize nonprofit in- Article I, Section 8 title to Idaho’s public lands and transfer stitutions of higher education to provide By Mrs. BLACK: title to those lands to the State of Idaho; payment to certain third-party entities; to H.R. 2511. the Committee on Education and the Work- jointly to the Committees on Natural Re- Congress has the power to enact this legis- force. sources, Armed Services, and Energy and lation pursuant to the following: By Mr. SCOTT of Virginia: Commerce. Tenth Amendment stating that, ‘‘The pow- H.R. 2526. A bill to amend title 28, United f ers not delegated to the United States by the States Code, to add a Federal defender rep- Constitution, nor prohibited by it to the resentative as a nonvoting member of the CONSTITUTIONAL AUTHORITY States, are reserved to the States respec- United States Sentencing Commission, and STATEMENT tively, or to the people.’’ for other purposes; to the Committee on the and Judiciary. Pursuant to clause 7 of rule XII of the Article IV, Section 3, Clause 2 providing Rules of the House of Representatives, the By Ms. TITUS (for herself, Ms. MENG, that ‘‘Congress shall have Power to dispose following statements are submitted regard- Ms. SHEA-PORTER, Mr. JONES, Ms. of and make all needful Rules and Regula- ing the specific powers granted to Congress CLARKE, Ms. FRANKEL of Florida, Ms. tions respecting the Territory or other Prop- in the Constitution to enact the accom- BONAMICI, Ms. ESTY, Mr. LOEBSACK, erty belonging to the United States. . . .’’ panying bill or joint resolution. Mr. RYAN of Ohio, Mr. CARTWRIGHT, By Ms. DELAURO: Ms. SCHAKOWSKY, Ms. KUSTER, Ms. By Mr. WALDEN: H.R. 2512. GABBARD, and Ms. SINEMA): H.R. 2504. Congress has the power to enact this legis- H.R. 2527. A bill to amend title 38, United Congress has the power to enact this legis- lation pursuant to the following: States Code, to provide veterans with coun- lation pursuant to the following: Article I, Section 8, Clause 3

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The Congress shall have Power *** To regu- Defence and general Welfare of the United H.R. 719: Ms. LORETTA SANCHEZ of Cali- late Commerce with foreign Nations, and States; but all Duties, Imposts and Excises fornia, Mr. GRIJALVA, and Mrs. NAPOLITANO. among the several States, and with the In- shall be uniform throughout the United H.R. 755: Mr. GARY G. MILLER of California. dian Tribes. States. H.R. 822: Mr. GRIJALVA. By Mr. GOHMERT: By Mr. NADLER: H.R. 850: Ms. KUSTER and Mr. NOLAN. H.R. 2513. H.R. 2523. H.R. 853: Mr. CALVERT. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 892: Mr. SCHOCK. lation pursuant to the following: lation pursuant to the following: H.R. 903: Mr. MESSER. Tenth Amendment stating that ‘‘[t]he pow- Clause 18 of section 8 of article I of the H.R. 904: Ms. NORTON. ers not delegated to the United States by the Constitution, and section 5 of Amendment H.R. 940: Mr. YOHO. Constitution, nor prohibited by it to the XIV to the Constitution. H.R. 961: Ms. KUSTER. States, are reserved to the States respec- By Mr. PAULSEN: H.R. 974: Mr. RUIZ. tively, or to the people.’’ H.R. 2524. H.R. 1020: Mr. CASSIDY. Article IV, Section 3, Clause 2 providing Congress has the power to enact this legis- H.R. 1027: Mr. RUIZ. that ‘‘Congress shall have Power to dispose lation pursuant to the following: H.R. 1140: Mr. KILMER. of and make all needful Rules and Regula- Article 1, Section 8 H.R. 1148: Mr. COURTNEY. tions respecting the Territory or other Prop- By Mr. SALMON: H.R. 1180: Mr. CAPUANO, Mr. MCGOVERN, erty belonging to the United States. . . .’’ H.R. 2525. and Ms. MATSUI. By Mr. GRAVES of Missouri: Congress has the power to enact this legis- H.R. 1187: Ms. SPEIER and Ms. LINDA T. H.R. 2514. lation pursuant to the following: SA´ NCHEZ of California. Congress has the power to enact this legis- Article I, section 8 of the Constitution of H.R. 1242: Mr. COLE. lation pursuant to the following: the United States, the Commerce Clause. H.R. 1250: Ms. ESHOO. Clause 7 of Section 9 of Article I of the By Mr. SCOTT of Virginia: H.R. 1261: Ms. SLAUGHTER. Constitution, in that all funds belonging to H.R. 2526. H.R. 1285: Mr. CARTWRIGHT. the Treasury may not be withdrawn except Congress has the power to enact this legis- H.R. 1309: Mrs. BLACKburn and Mr. GUTH- according to law. lation pursuant to the following: RIE. By Mr. GRIJALVA: Article I, Section 8, Clause 3 of the Con- H.R. 1318: Mr. BEN RAY LUJA´ N of New Mex- H.R. 2515. stitution. ico. Congress has the power to enact this legis- By Ms. TITUS: H.R. 1322: Mr. RUIZ. lation pursuant to the following: H.R. 2527. H.R. 1323: Mr. RUIZ. U.S. Const. art. §§ I, 1 and 8. Congress has the power to enact this legis- H.R. 1324: Mr. RUIZ. By Mr. GRIJALVA: lation pursuant to the following: H.R. 1334: Ms. TITUS. H.R. 2516. The bill is enacted pursuant to the power H.R. 1336: Mr. SCHOCK and Mr. KINZINGER of Congress has the power to enact this legis- granted to Congress under Article I, Section Illinois. lation pursuant to the following: 8; Amendment XVI, of the United States H.R. 1466: Mr. CAPUANO. U.S. Const. art. I, §§ 1 and 8. Constitution. H.R. 1502: Mr. SOUTHERLAND, Mr. POSEY, By Mr. GRIJALVA: By Ms. TITUS: Mr. PITTENGER, Mr. WALBERG, Mr. BROUN of H.R. 2517. H.R. 2528. Georgia, and Mr. FLEMING. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1518: Mr. GIBSON, Ms. JACKSON LEE, lation pursuant to the following: lation pursuant to the following: Mr. LARSEN of Washington and Ms. EDDIE U.S. Const. art. I, §§ 1 and 8. The bill is enacted pursuant to the power BERNICE JOHNSON of Texas. By Mr. KINZINGER of Illinois: granted to Congress under Article I, Section H.R. 1527: Mr. PALLONE. H.R. 2518. 8, Amendment XVI, of the United States H.R. 1563: Mr. POSEY. Congress has the power to enact this legis- Constitution. H.R. 1595: Ms. KELLY of Illinois, Mr. PETER- lation pursuant to the following: f SON, and Ms. FUDGE. Article I, Section 8, Clause 18 H.R. 1634: Mr. CALVERT and Mr. OWENS. The Congress shall have Power *** To ADDITIONAL SPONSORS H.R. 1717: Mr. STEWART. make all Laws which shall be necessary and Under clause 7 of rule XII, sponsors H.R. 1731: Ms. CASTOR of Florida, Mr. proper for carrying into Execution the fore- MCNERNEY, and Mr. PETERS of California. going Powers, and all other Powers vested by were added to public bills and resolu- H.R. 1755: Mr. PETERSON and Mrs. BUSTOS. the Constitution in the Government of the tions as follows: H.R. 1761: Ms. SPEIER. United States, or in any Department or Offi- H.R. 176: Mr. ROGERS of Michigan and Mr. H.R. 1771: Mr. FINCHER, Mr. BILIRAKIS, Mr. cer thereof. DESANTIS. SMITH of Missouri, Mr. YOUNG of Indiana, Mr. By Ms. LEE of California: H.R. 198: Mr. RANGEL, Mrs. CHRISTENSEN, LUETKEMEYER, Mr. NUNNELEE, and Mr. H.R. 2519. and Mr. WELCH. DESANTIS. Congress has the power to enact this legis- H.R. 269: Mr. KILMER. H.R. 1779: Mr. COLE and Mr. KINZINGER of lation pursuant to the following: H.R. 282: Mr. CHAFFETZ and Mr. ALEX- Illinois. This bill is enacted pursuant to the power ANDER. H.R. 1798: Mr. LATHAM and Mr. STIVERS. granted to Congress under Article I of the H.R. 333: Ms. PINGREE of Maine, Mr. VELA, H.R. 1801: Ms. LOFGREN and Mr. POCAN. United States Constitution and its subse- Ms. GABBARD, Mr. RYAN of Ohio, and Mr. H.R. 1825: Mr. COLE. quent amendments, and further clarified and GUTIE´ RREZ. H.R. 1843: Mrs. CHRISTENSEN, Mr. JOHNSON interpreted by the Supreme Court of the H.R. 411: Mr. LATHAM. of Georgia, Ms. WILSON of Florida, and Mr. United States. H.R. 436: Mr. HENSARLING, Mr. SMITH of CARTWRIGHT. By Ms. MICHELLE LUJAN GRISHAM Missouri, Mr. LAMBORN, Mr. HANNA, Mr. H.R. 1844: Mr. SMITH of Washington, Mr. of New Mexico: HECK of Nevada, and Mr. HUNTER. MORAN, and Mrs. CHRISTENSEN. H.R. 2520. H.R. 494: Mr. BRALEY of Iowa. H.R. 1852: Ms. SCHAKOWSKY, Mr. O’ROURKE, Congress has the power to enact this legis- H.R. 508: Mr. PETERSON. Mr. AMODEI, Mr. WOMACK, Mr. BROUN of lation pursuant to the following: H.R. 519: Mr. HUFFMAN. Georgia, and Mr. MULLIN. Article 1, Section 8, Clause 18 H.R. 535: Ms. HAHN and Mr. NOLAN. H.R. 1864: Ms. MCCOLLUM and Mr. BRALEY By Mr. BEN RAY LUJA´ N of New Mex- H.R. 556: Mr. SMITH of Nebraska, Mr. of Iowa. ico: PITTENGER, Mr. JONES, Ms. JENKINS, and Mr. H.R. 1875: Mr. CASSIDY. H.R. 2521. MULVANEY. H.R. 1886: Mr. NOLAN. Congress has the power to enact this legis- H.R. 578: Mr. SMITH of Missouri and Mr. H.R. 1902: Ms. MCCOLLUM. lation pursuant to the following: DAINES. H.R. 1908: Mr. BROUN of Georgia, Mrs. LUM- Congress has the power to enact this legis- H.R. 609: Mr. HOLT. MIS, Mr. BROOKS of Alabama, Mr. DENHAM, lation pursuant to the power of the Congress H.R. 621: Mr. STOCKMAN and Mr. BROOKS of and Mr. GOHMERT. to regulate Commerce, as enumerated by Ar- Alabama. H.R. 1918: Mr. PETERSON and Mr. MEEKS. ticle I, Section 8, Clause 3 of the United H.R. 633: Ms. GABBARD. H.R. 1921: Mr. SEAN PATRICK MALONEY of States Constitution. H.R. 637: Mr. SALMON. New York and Mr. WELCH. By Mrs. CAROLYN B. MALONEY of H.R. 647: Mr. CASSIDY. H.R. 1926: Mr. SHERMAN. New York: H.R. 685: Mr. PETERSON, Mr. OWENS, Mr. H.R. 1966: Mr. SABLAN, Ms. BORDALLO, and H.R. 2522. FLEMING, Mr. PITTENGER, Mr. DAINES, Mr. Mr. JOHNSON of Georgia. Congress has the power to enact this legis- DELANEY, and Mr. RAHALL. H.R. 1968: Mr. KING of New York. lation pursuant to the following: H.R. 693: Mr. BRADY of Texas. H.R. 1971: Mr. BENISHEK. Article I, Section 8, Clause 1 H.R. 698: Ms. TITUS. H.R. 1982: Mr. YOUNG of Indiana. The Congress shall have Power to lay and H.R. 713: Mr. TURNER, Ms. MICHELLE LUJAN H.R. 1992: Mr. JOHNSON of Ohio. collect Taxes, Duties, Imposts and Excises, GRISHAM of New Mexico, Mr. MAFFEI, and H.R. 2016: Mr. CROWLEY. to pay the Debts and provide for the common Mr. RADEL. H.R. 2026: Mr. DENHAM.

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H.R. 2029: Ms. SCHAKOWSKY and Mr. H.R. 2333: Ms. SHEA-PORTER and Mr. KIL- H.R. 2459: Mr. BRALEY of Iowa, Ms. FUDGE, HUFFMAN. MER. Mr. CLAY, and Mr. SEAN PATRICK MALONEY of H.R. 2030: Ms. MCCOLLUM. H.R. 2347: Mr. WALBERG. New York. H.R. 2051: Mr. SERRANO. H.R. 2349: Mr. CONYERS. H.R. 2482: Ms. TITUS. H.R. 2053: Mr. LATTA, Mr. VALADAO, Mr. H.R. 2351: Mrs. CAPITO. H.R. 2495: Mr. BROOKS of Alabama. JOYCE, Mr. CRAWFORD, Mr. BACHUS, Mr. BOU- H.R. 2399: Mr. LABRADOR, Mr. ROE of Ten- STANY, and Mr. MARCHANT. nessee, Mr. SCHWEIKERT, and Ms. NORTON. H.J. Res. 27: Mr. DUNCAN of South Carolina. H.R. 2055: Mr. GOHMERT, Mrs. BACHMANN, H.R. 2408: Mr. COLE and Mrs. HARTZLER. H. Con. Res. 24: Mr. HULTGREN, Mr. SEN- Mr. MEADOWS, Mrs. BLACKBURN, and Mr. H.R. 2415: Ms. FUDGE. SENBRENNER, and Mr. PERRY. DESJARLAIS. H.R. 2422: Mr. GRIJALVA and Mrs. NAPOLI- H. Con. Res. 36: Ms. LOFGREN. H.R. 2094: Mr. RYAN of Ohio, Ms. CASTOR of TANO. H. Res. 35: Mr. COTTON. Florida, Mr. SARBANES, Mr. MCNERNEY, and H.R. 2429: Mr. SMITH of Texas, Mr. SCHOCK, ´ H. Res. 36: Mr. ROTHFUS. Mr. BEN RAY LUJAN of New Mexico. Mr. DAINES, Mr. MULVANEY, and Mr. POMPEO. H.R. 2099: Mr. NUNNELEE. H.R. 2446: Mr. KING of New York, Mr. H. Res. 75: Mrs. CAPITO. H.R. 2175: Mr. CALVERT. MULVANEY, Mr. BROOKS of Alabama, and Mr. H. Res. 109: Mr. WALZ. H.R. 2182: Mr. LOWENTHAL and Mrs. BONNER. H. Res. 136: Mr. CA´ RDENAS. CHRISTENSEN. H.R. 2449: Ms. GABBARD and Mr. WILSON of H.R. 2194: Mr. PETRI. H. Res. 190: Ms. NORTON and Mr. COLE. South Carolina. H.R. 2210: Ms. TITUS. H. Res. 211: Mr. COURTNEY. URPHY H.R. 2456: Mr. CAMPBELL and Mr. BRADY of H.R. 2218: Mr. M of Pennsylvania, H. Res. 227: Mr. BISHOP of New York and Mr. CRAMER, and Mr. FRANKS of Arizona. Texas. Mr. ISRAEL. H.R. 2310: Mr. KLINE, Mr. BENTIVOLIO and H.R. 2458: Mr. SALMON, Mr. GOHMERT, Mr. ANKFORD Mr. NUNNELEE. CHABOT, Mr. POSEY, Mr. WILSON of South H. Res. 250: Mr. L . H.R. 2313: Mr. ROSKAM. Carolina, Mr. WALBERG, Mr. FLEMING, Mrs. H. Res. 273: Mr. KEATING, Mr. SHERMAN, Mr. H.R. 2317: Mr. RYAN of Ohio and Mr. CAR- LUMMIS, Mr. GRAVES of Georgia, Mr. YOUNG CONNOLLY, Mr. BROOKS of Alabama, and Mr. SON of Indiana. of Alaska, and Mr. SMITH of Missouri. COOK.

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Vol. 159 WASHINGTON, WEDNESDAY, JUNE 26, 2013 No. 93 Senate The Senate met at 9:30 a.m. and was appoint the Honorable WILLIAM M. COWAN, a continue with this broken immigration called to order by the Honorable WIL- Senator from the Commonwealth of Massa- system—which, as we know now from LIAM M. COWAN, a Senator from the chusetts, to perform the duties of the Chair. the reports we got from the Congres- Commonwealth of Massachusetts. PATRICK J. LEAHY, sional Budget Office, is going to help President pro tempore. tremendously reduce our deficit for the PRAYER Mr. COWAN thereupon assumed the next two decades by $1 trillion—$1 tril- chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- lion. fered the following prayer: f When people came before this legisla- Let us pray. RECOGNITION OF THE MAJORITY tion and said: We have to do this legis- Eternal Spirit, we believe, but we LEADER lation because it is good for the secu- need You to remove our doubts. As our rity of this Nation and good for the lawmakers face daunting challenges, The ACTING PRESIDENT pro tem- economy, people really did not know if give them an unwavering faith that pore. The majority leader is recog- they were speaking the truth. Well, we will not shrink when facing obstacles. nized. know now. That is absolutely true. It Imbue them with greater patience, and f improves the security. We see what is going to happen with the border. We make them constant in their commit- SCHEDULE ment to do Your will. Lord, help them are going to have 40,000 Border Patrol to cast their cares on You and leave to Mr. REID. Mr. President, following agents. We are going to have all meth- You the consequences of their faithful leader remarks the Senate will resume ods to make sure that border is secure service. Prosper all they do today in consideration of the immigration bill. and the northern border is secure. In accordance with Your will and with The time until 11:30 will be equally di- addition to that, it is going to improve Your almighty power. Annul and over- vided between the two managers. The our economy significantly. rule any poor decisions they make. filing deadline for all second-degree I applaud and congratulate those Lord, thank You for the faithful serv- amendments to both the substitute and eight Senators for the remarkably good ice of Senator MO COWAN. Bless him as the bill is 10:30 today. At 11:30 there work they have done. he prepares to leave the Senate. will be three rollcall votes on the mo- It was 6 a.m. when immigration offi- We pray in Your strong Name. Amen. tion to waive the applicable budget cials came to take Maria Espinoza’s points of order, the adoption of the husband away in handcuffs. She walked f Leahy amendment, as modified, and out the front door to hand her husband PLEDGE OF ALLEGIANCE the cloture vote on the committee-re- his lunch money and watched as he was ported substitute amendment. loaded in a truck and carted to an im- The Presiding Officer led the Pledge migration detention center. That is a of Allegiance, as follows: f fancy word for a jail. He was not a I pledge allegiance to the Flag of the IMMIGRATION REFORM criminal. He works hard, pays his United States of America, and to the Repub- lic for which it stands, one nation under God, Mr. REID. Mr. President, I think it is taxes, and he is a good father and a indivisible, with liberty and justice for all. appropriate that I say just a word or good husband. But Jorge is in the coun- two about the eight Senators who have try without the proper immigration pa- f worked to get us to the point where we perwork, so he spent a month in this APPOINTMENT OF ACTING are now. I was thinking this morning jail. Maria, who is also an undocu- PRESIDENT PRO TEMPORE that this is really America at its best. mented immigrant, was also set to be Each one of those eight Senators does The PRESIDING OFFICER. The deported but was able to remain at not know, as I do not know, whether clerk will please read a communication home with her teenage daughter, who this work they have done is going to to the Senate from the President pro is, by the way, a U.S. citizen. Maria help them or hurt them in their polit- and Jorge were basically able to secure tempore (Mr. LEAHY). ical careers. But this is one of those op- The legislative clerk read the fol- a stay of deportation, but they live portunities where I am confident that lowing letter: with the fear that they will be torn they believe they are doing it for the away from their family and deported to U.S. SENATE, right reasons no matter what the polit- a country they have not set foot in in PRESIDENT PRO TEMPORE, Washington, DC, June 26, 2013. ical consequences are. 25 years. To the Senate: We have a broken immigration sys- They came from Mexico. They have Under the provisions of rule I, paragraph 3, tem. They have led us to a path to be made their home in Las Vegas. They of the Standing Rules of the Senate, I hereby able to fix it—but for them we would have been there for 25 years—almost as

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

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VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5204 CONGRESSIONAL RECORD — SENATE June 26, 2013 long as they have been married. In Ne- RECOGNITION OF THE MINORITY Now the President’s supporters seem vada, Maria and Jorge have a large and LEADER all too happy to admit there is a war vibrant family. They have two daugh- The ACTING PRESIDENT pro tem- on coal. Just yesterday an adviser to ters and a son, and now they have an 8- pore. The Republican leader is recog- the White House said, ‘‘A war on coal is month-old grandson as well. They have nized. exactly what’s needed.’’ You have to loving friends and a tight-knit commu- give him points for candor. nity. In Mexico, the country where f Look, Republicans are all for devel- they were born, they do not know a WAR ON COAL oping the fuels and the energies of the single soul except a really old relative. future. We are all for that. We just Because Maria and Jorge are undocu- Mr. MCCONNELL. Mr. President, yes- think it should come about as part of mented immigrants, they live with the terday morning I made a prediction an all-of-the-above strategy, which is fear every minute of every day—and about a speech the President was ex- exactly what the White House said it sometimes as they awaken at night— pected to give later in the day. I said supported too back before the election. that they will have to leave the coun- we could expect him to announce a But now with the election year over, try they love, the United States. Maria plan to impose the will of some of his the truth comes out. lives with the fear that she will have to most radical backers on the American In truth, the administration seems to say goodbye to their children and her middle class. I said he would be adhere to a dogma that could best be grandson. Here is what she said yester- undeterred by Congress’s rejection of described as ‘‘none of the above’’—not day: his national energy tax even when ‘‘all of the above’’ but ‘‘none of the When you lose your mother or your father, Democrats held commanding majori- above, except a couple of things that you are an orphan. When you lose your hus- ties in both Houses. I said he would an- make our base happy.’’ I would note band, you are a widow. What do they call it nounce his intention to push through that such an approach is basically non- when you lose a child, when you are sepa- job-crushing regulations anyway but sense since it ignores what is necessary rated from a child? There is no name for this time largely through the back that. to keep our country’s growing energy door over the objections of many work- needs met in order to move toward a Maria and Jorge’s family members ing-class Americans rather than are all legally present in the United future where renewables look set to through the regular democratic proc- play a greater role because it simply States. Maria and Jorge’s youngest ess. Lo and behold, that is essentially daughter, a freshman in college, was tries to pretend that it will not take what he did. years, if not decades, for these other born in the United States. So was their I was surprised by one thing, though, grandson. types of energy to come online in a and that was his continued effort to way that will truly meet our energy A directive issued last year by Presi- play politics with the Keystone Pipe- dent Obama allowed their two oldest needs. line jobs. Remember, we all know that children, both of whom are married to In a phrase, it is a strategy that sub- the oil this pipeline would carry is U.S. citizens, to obtain their legal resi- ordinates almost everything to poli- going to come out of the ground either dency. The President’s directive sus- tics. That is why Republicans believe a way. It is going to come out of the pended deportation for 800,000 DREAM- true all-of-the-above strategy means ground whether or not he approves it. ers—young people brought to America developing wind, solar, natural gas, oil, In other words, whether he gives ap- illegally when they were children and and coal, and embracing American jobs proval to the pipeline or not, the oil is in many instances just babies. But mil- that come along with producing Amer- coming out of the ground. The only lions of family members of those young ican energy. question is whether that energy and DREAMers do not qualify for legal sta- Here is what we believe it absolutely tus or an earned pathway to citizen- those jobs will go to America or wheth- does not mean: It does not mean pick- ship. Millions of mixed-status families er they will be allowed to travel across ing out a class of vulnerable people and worry every day that a loved one—a the Pacific to governments that harbor declaring war on them. There is a de- parent, a spouse, a sibling—will be torn terrible environmental records to begin pression in central Appalachia, which away from them at any time. That is with. includes eastern Kentucky, because of why it is crucial that Congress pass That is just one reason why the Key- the government itself, this administra- this bipartisan legislation. stone Pipeline has enjoyed such broad tion. Sometimes people in Washington This is reform legislation that pro- bipartisan support here in the Senate. forget the decisions here actually af- tects and preserves families. We need Even Big Labor—a sector that is usu- fect the lives of others. I am often left to do it right now. I am happy the Sen- ally supportive of the President—is all to wonder, do they not care? ate will pass such a bill this week. A behind the Keystone Pipeline. Yet, yes- Of course, coal is an important indus- permanent, commonsense solution to terday, when the President had the op- try to my State, and I am going to de- our dysfunctional system is really in portunity to side with the working- fend Kentucky workers from out-of- sight. It is my hope our colleagues in class families across the country by ap- touch Washington attacks, but it is the House will follow the Senate’s lead proving the pipeline, he took another pretty naive to think it is just about and work to pass bipartisan reform and pass—just took a pass. Kentucky, West Virginia, or Pennsyl- do it now because whether we serve in Sometimes you have to wonder about vania. As I said yesterday, a war on the House or Senate, whether we hail this administration. In making deci- coal is actually a war on jobs. Coal is from red States or blue States, we sions such as these, you have to wonder important to our entire country. It is should all be able to agree that the cur- if they truly understand the worries critical to the growth of manufac- rent system is broken. We should all be most Americans have to contend with turing, and it is important to our na- able to agree that congressional action in the Obama economy. I have long tional economy. is necessary. warned, for example, that the White One can say a coal miner in Ken- I have seen firsthand the devastation House was determined—determined—to tucky relies on coal for their well- caused by our broken system. But each wage a war on coal. They denied it, of being, just as a line worker in a manu- time I have an opportunity to speak course, but only just long enough to facturing plant that uses coal relies on with Nevadans about the urgent need get through the last election. So it is it too. Pretty much everyone who lives for action on immigration, I am re- not a coincidence that the President or works in a building with electricity minded that this issue is personal to did not give his speech before the elec- relies on coal in some way. That is why them also. It is personal, as I have indi- tion or that he gave it at a university even some in the President’s party are cated, to me, but it is just as personal that symbolizes the DC elite rather trying to distance themselves from his to Maria and Jorge. It is personal to 11 than somewhere in coal country. He approach. million other undocumented immi- should have made this speech down at As one of my Senate Democratic col- grants and tens of millions of their Morehead State University in my State leagues put it yesterday: U.S. citizen relatives, whose eyes are or the University of Pikeville in my The fact is clear: our own Energy Depart- turned toward Washington and whose State. That would have been the place ment reports that our country will get 37 hearts are filled with hope. to make the speech, not here in town. percent of our energy from coal until 2040.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5205 Removing coal from our energy mix will Leahy (for Reed) amendment No. 1224, to border will be secure. The amendment have disastrous consequences for our recov- clarify the physical present requirements for basically is a continuation of the basic ering economy. merit-based immigrant visa applicants. premise of the underlying bill—legal- Reid amendment No. 1551 (to modified I couldn’t agree more with our Demo- ization first, enforcement later, if ever. cratic colleague. amendment No. 1183), to change the enact- ment date. It is very simple and it is wrong. Peo- It is time for the White House to stop Reid amendment No. 1552 (to the language ple will be legalized merely on the sub- pivoting from job-destroying policies proposed to be stricken by the reported com- mission of a plan by the Secretary of to campaign-stop PR pitches for jobs mittee substitute amendment to the bill), to Homeland Security. right back to job-destroying policies. It change the enactment date. Will that plan secure the border? is time for the administration to get Reid amendment No. 1553 (to amendment Who is going to know until a long way serious about pursuing a truly work- No. 1552), of a perfecting nature. down the road. In the meantime, you able strategy for this country, for en- The ACTING PRESIDENT pro tem- have legalization and possibly enforce- ergy, for the economy, and for jobs. pore. Under the previous order, the ment, but you aren’t going to know. SENATE RULES time until 11:30 a.m. will be equally di- Then you end up making the same mis- Briefly, on another matter, another vided and controlled between the two take I made by voting for the bill in day has gone by. We are still not clear managers or their designees. 1986. I don’t intend to make that mis- that the majority leader is going to The Senator from Iowa. take again. keep his word given back at the begin- Mr. GRASSLEY. I have expressed my We are saying the Secretary puts ning of this Congress that the issue of frustration many times, and more forth a plan. This very same Secretary the rules for the Senate of this Con- often in the last week, about the lack is the one who thinks the border is al- gress have been settled. They have of progress on getting votes. We have ready strong enough, the same Sec- been settled as a result of bipartisan been on this bill for 3 weeks. Yet we retary who has refused to even answer discussions that occurred back in Jan- have only dealt with nine amendments. questions we submitted to her 2 uary leading to the passing of two rules It is unclear if any more amendments months ago about how she might inter- changes and two standing orders, after will be debated and voted on. We have pret some of this legislation. She obvi- which the majority leader had said it provided a list to the majority on ously hasn’t been forthright in answer- had been settled, that we had the rules amendments that we believe will make ing what those department policies for this Congress. the bill better. It seems as though the would be. Later we learned that maybe we only amendments that will be made in The amendment puts additional didn’t, and there were these implied order before we vote on final passage agents on the border, yes. It does it, threats issued to groups around the will be the Schumer-Hoeven-Corker so- quite frankly, in opposition to people country that he would exercise a so- called grand compromise. This is the on the other side of the aisle. Some of called nuclear option. The definition of one that was concocted behind closed the sponsors of the bill have argued al- the nuclear option is to break the rules doors for days, stalling progress we ready that more agents aren’t nec- of the Senate in order to change the wanted to make in the public. In other essary. Maybe I should be satisfied we rules of the Senate. words, we lost a lot of time while this are going to have more agents. The The minority, and I suspect a reason- grand compromise was being concocted point is, it is so far down the road— able number of the majority, are wait- behind closed doors. Even while that don’t sell this amendment to me as ing to find out whether the majority was going on, we could have been de- border security. leader intends to keep his word. Your bating amendments and voting on Let’s be honest with the American word is the currency of the realm in amendments. people. This amendment, this grand the Senate. His word has been given. Not only is the amendment before us, compromise concocted behind closed We expect it to be kept. meaning the Schumer-Hoeven-Corker doors, may call for more Border Patrol I yield the floor. amendment, loaded with provisions agents, but it surely doesn’t require it f that some would call earmarks, but it until the undocumented population, continues to promote false promises who are now RPIs, apply for adjust- RESERVATION OF LEADER TIME that the border will be truly secured. ment status or a green card, and that is The ACTING PRESIDENT pro tem- We get the impression from hearing the down the road several years. pore. Under the previous order, the authors debate their amendment that I am all for putting more agents leadership time is reserved. tomorrow we are going to have a se- along the border, but why should we f cure border. This is not going to hap- wait? It ought to be enforcement now, BORDER SECURITY, ECONOMIC OP- pen, and I will explain that in a mo- legalization later. Why allow legaliza- PORTUNITY, AND IMMIGRATION ment. tion now and simply promise more MODERNIZATION ACT Let’s get back to basics. We are a Na- agents in the future? tion based upon the rule of law. In that Even then, who believes the Sec- The ACTING PRESIDENT pro tem- concept, every Nation has a right to retary, like the one we have today, will pore. Under the previous order, the protect its sovereignty. In fact, it has a actually enforce the law? When I say Senate will resume consideration of S. duty to protect the homeland. Any bor- like the Secretary we have today, I 744, which the clerk will report. der security measures we pass then mean the policy. She says the border is The assistant legislative clerk read must be real and, more importantly, secure. as follows: immediate. We can’t wait 10 years In this amendment there is the issue A bill (S. 744) to provide comprehensive im- down the road to put more agents on of fencing. One of the conditions that migration reform, and for other purposes. the border or to implement a tracking must be met before the Secretary can Pending: system to track foreign nationals. We process green cards for people here ille- Leahy modified amendment No. 1183, to have to prove to the American people gally is the southern border fencing strengthen border security and enforcement. today that illegal entries are under strategy has been submitted to Con- Boxer/Landrieu amendment No. 1240, to re- quire training for National Guard and Coast complete control and the visa gress and implemented. This fencing Guard officers and agents in training pro- overstays are being punished. Being strategy will identify where 700 miles grams on border protection, immigration law punished means leave our country of pedestrian fencing is in place. Note enforcement, and how to address vulnerable when your visa says you are supposed that this is not double layered, as in populations, such as children and victims of to leave the country. current law, so current law is weak- crime. Unfortunately, too many people have ened. Cruz amendment No. 1320, to replace title I been led to believe the bill before us, The amendment states the second of the bill with specific border security re- and this grand compromise amend- layer is to be built only if the Sec- quirements, which shall be met before the Secretary of Homeland Security may process ment, will force the Secretary of retary deems it necessary and appro- applications for registered immigrant status Homeland Security to secure the bor- priate. This is another delegation of or blue card status and to avoid Department der. The fact is, it doesn’t do that, but authority to a Secretary who says the of Homeland Security budget reductions. we are led to believe that tomorrow the border is already secure.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5206 CONGRESSIONAL RECORD — SENATE June 26, 2013 Additionally, the underlying bill still Moreover, the amendment’s sponsors That is going to happen. I trust the specifically states that nothing in this will claim that people here illegally other body isn’t going to buy into the provision shall be interpreted to re- will pay for our border security needs. argument the Senators in this body quire her to install fencing. Yes, they But money has to come into the trust want to use; that somehow, if this gets talk about this being a strong border- fund, and after it gets into the trust 70 votes, it is so bipartisan how could secure grand compromise, but it leaves fund it has to be repaid to the Treas- the other body not do it? This body is so much discretion to a Secretary who ury. Where will the American people be not the deliberative body on this already says the border is secure. reimbursed? The sponsors of the bill amendment that history tells the Another part of the amendment re- say the taxpayers will not bear the American people the Senate is. This is quires an electronic entry-exit system burden. Yet there is no requirement a body that for 3 weeks, with 451 is in use at all international air and the funds be paid back. There is no amendments, didn’t deliberate. We sea ports. This sounds like all inter- time limit or accountability to ensure stalled and voted on 9 or 10 amend- national air and sea ports—and look at the taxpayers or the Treasury gets its ments. The House of Representatives is this caveat—but only ‘‘where U.S. Cus- money back. going to be the deliberative body on toms and Border Protection are cur- The Schumer-Corker-Hoeven amend- immigration reform, and it is going to rently deployed.’’ ment increases fees on visas for legal put the Senate to shame. immigrants in order to replenish the This is actually weaker than the un- I encourage my colleagues to oppose trust fund and the Treasury. Employ- derlying bill which required the elec- the amendment. It does nothing to ers, students, and tourists will pay the tronic entry-exit system be used at air change the legalization first philos- price. Talking about employers, stu- and sea ports, not just international. ophy and offers little more than false Here again we have a grand com- dents, and tourists, these are people who abide by the law who are paying promises the American people can no promise, supposed to get more votes for longer tolerate. this bill, but it is weaker than the un- the price. Meanwhile, the amendment says for those being legalized—in other I yield the floor. derlying legislation, because the under- The ACTING PRESIDENT pro tem- lying legislation requires biometric words, people who came here undocu- mented, those people having not sub- pore. The Senator from Hawaii. entry-exit at all ports of entry, includ- jected themselves to American law by Ms. HIRONO. Mr. President, I rise to ing air, sea, and land. speak about an agreement I have The amendment dictates to the Sec- crossing the border illegally—they can- reached with Senator GRAHAM on the retary which equipment to purchase not be charged more than what is al- Hirono-Murray-Murkowski amendment and deploy at the border. The Members lowed already. The Secretary cannot No. 1718, which has been cosponsored who wrote the bill were apparently adjust the fees or penalties on those who apply for or renew their RPI or by Senators BOXER, GILLIBRAND, CANT- given some secret list of technology blue card status, and those are the peo- WELL, STABENOW, KLOBUCHAR, WARREN, that agents need, but I am not sure if ple who came to this country without BALDWIN, MIKULSKI, SHAHEEN, LEAHY, this came from the Department or papers, in violation of our law. FRANKEN, MENENDEZ, and SCHUMER. some defense contractor. The amendment in the underlying Have no fear, the border will be se- I ask unanimous consent that Sen- bill will not end illegal immigration cure because the amendment calls for ator LANDRIEU be added as a cosponsor. because the border is not going to be fixed towers and cameras, unattended The ACTING PRESIDENT pro tem- secure. The Congressional Budget Of- ground sensors, night-vision goggles, pore. Without objection, it is so or- fice says illegal immigration would fiberoptic tank inspection scopes, a li- dered. only be reduced by 25 percent due to Ms. HIRONO. Mr. President, I have cense plate reader, and backscatters. the increased numbers of guest workers Obviously, I am facetious when I say been speaking on the Senate floor and coming into the country. The amend- talking with my colleagues about my the border will be secured by this con- ment does nothing to radically reduce cocted, behind-closed-doors grand com- concern that the immigration bill we illegal immigration in the future and are considering inadvertently dis- promise. does not provide any resources to inte- What is not so funny is the spending advantages women who are trying to rior enforcement agents whose mission immigrate to the United States. I be- of taxpayer dollars in this amendment. it is to apprehend, detain, and deport Originally the legislation allocated $6.5 lieve the new merit-based point system illegal immigrants. for employment green cards will sig- million for the Secretary to carry out Just as with the 1986 amnesty—and I the law, and $6.5 billion is a lot of nificantly disadvantage women who voted for that, which was a mistake I want to come to this country, particu- money. When we got to committee, the regret—we are going to be back in the larly unmarried women. Gang of 8 increased the trust fund allo- same position in 10 years, facing the Many women overseas do not have cation by $6.5 billion to $8.3 billion, and same problem. $8.3 billion is still a lot of money. We The authors have talked a lot about the same educational or career ad- have this grand compromise concocted the border surge in their amendment, vancement opportunities available to behind closed doors before us, and now but they seem to be hiding from the men in those countries. This new we are looking at not $8.3 billion but fact the border changes only account merit-based system will prioritize $46.3 billion upon date of enactment for for about half of the total amendment. green cards for immigrants with high the Secretary to spend as she wishes. There are changes to every title. There levels of education or experience. By As is often the case here in Wash- are changes to exchange visitor pro- favoring these immigrants, the bill es- ington, the solution always seems to be grams, the future guest worker pro- sentially cements unfairness against throw money at a problem. This grand gram, and visas, even for the per- women into U.S. immigration law. compromise measures the success of forming arts. This isn’t just a border That is not the way to go. their amendment by the amount of amendment. There are provisions in After I brought these concerns to money that is going to be spent, not by the bill that were put in there specifi- Senators SCHUMER and GRAHAM, Sen- outcomes. The American people, in the cally to get Senators to support pas- ator GRAHAM graciously agreed to sit polls of this country, want the out- sage of this bill, because they think if down with me. We were able to work comes to be a secure border, not the they can get 70 votes, the House of out a way to address the concerns amount of money that is going to be Representatives is going to buy into about women in the merit-based sys- spent on the success of a piece of legis- this thing. I expect to vote against the tem that I believe will significantly lation. Of course, the money has to bill, and I expect the House of Rep- improve this bill. The new Hirono-Mur- come from somewhere, so the amend- resentatives to fix this miserable fail- ray-Murkowski amendment reflects a ment requires the government to raid ure, both the underlying legislation as few changes which we agreed to after the Social Security trust fund. It is well as the grand compromise amend- working with Senator GRAHAM. ObamaCare all over again, where the ment before us, so we can vote for a The changes we made include: limits Medicare trust fund was raided to help bill going to the President that has on the ability for certain types of finance that. It is irresponsible and un- border security before we have legal- health care workers to obtain points acceptable. ization. multiple times based solely on their

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5207 employment, clarification that there eryone a great deal about their bill, on their paychecks every week, which must be a personal relationship to ob- one fact after another, and those prom- will incur extra revenue for the U.S. tain points under the humanitarian ises and representations have been Government. Our colleagues claim concerns section of the amendment, shown to be inaccurate. They are not credit for the FICA money to try to elimination of the provision that accurate and that is unfortunate. That justify their claims that they are with- awarded points for being a last sur- is why the bill is having the difficulties in the budget and that we should not viving relative of a U.S. citizen, har- it is. just count the on-budget score that monization of tier 3 with tiers 1 and 2 If it simply was a bill that provided a debt increases from the CBO. But we by adding points for English language legal status for people who had been have to know that the FICA money is skills, and ensuring the tier 3 visas do here a long time without difficulties money that goes to the Social Security not—do not—reduce the overall num- and it was a bill that actually fixed the and Medicare trust funds, and every bers of tier 1 and tier 2 visas available. border, fixed the workplace enforce- one of the individuals whose average We should continue to increase the ment, fixed the entry-exit visa, and age now is in their thirties will eventu- opportunities for women in our immi- created an effective internal enforce- ally claim the benefit of Medicare and gration system, but I believe this ment mechanism for the future, the Social Security. They will draw out of agreement will help level the playing legislation would have a good chance of the Medicare and Social Security trust field for women. Our amendment would having popular support. But as people funds the money they paid in. establish a new tier 3 merit-based point find out more about it, they find all Statistically speaking, they will system that will provide a fair oppor- those factors are not going to be draw out a lot more than they pay in tunity for women to compete for merit- achieved effectively—in some instances because those funds are not on a sound based green cards. even weakened from current law—and basis. Medicare and Social Security are Complementary to the high-skilled, as a result the legislation is in trouble. on an unsound basis today. They are tier 1 and lower skilled tier 2, the new When we get a piece of legislation counting that money to pay for their tier 3 would include professions com- that is 1,200 pages and people are un- bill when that money is dedicated to monly held by women so as not to able to digest it, it boils down to talk- the Social Security and Medicare trust limit women’s opportunities for eco- ing points. So the sponsors produced a funds. By spending that money today, they nomic-focused immigration to our series of talking points that they said are simply adding to the debt of the country. This system would provide reflects what is in the legislation. One United States. They cannot claim that 30,000 tier 3 visas and would not reduce of their talking points was that the bill twice. They cannot claim that the indi- the visas available in the other two is not going to cost the taxpayers viduals who are going to be given So- merit-based tiers. money; that we would fine the people cial Security cards and will be on a I wish to thank Senator GRAHAM for who are here illegally and they will path to receive Social Security and working with me to modify this pro- pay the cost of this bill so it would not Medicare when they retire—that they posal in such a way he could agree to impact the budget. We were promised are paying into Social Security and lend his support while still addressing that in the Senate Judiciary Com- Medicare if their money is being spent the real concerns that women will be mittee when this legislation came up. on funding this program. That is dou- at a disadvantage under the new merit- Senator SCHUMER made that explicitly ble counting, and Mr. Elmendorf of based system. I believe our amendment clear. This is a quote from him in com- CBO showed that. is a step in the right direction toward mittee, and this is what their talking This chart shows it is really more addressing the disparities for women in point said and what their Members than just the $14 billion, which is sig- the new merit-based system, and over have been saying repeatedly: nificant. This chart shows how much 100 organizations, including faith-based And here, what we’re simply doing is mak- the deficit of the United States is im- organizations, support the Hirono-Mur- ing sure that all the expenses in the bill are pacted by this legislation. The unified ray-Murkowski amendment. fully funded by the income that the bill budget surplus counts all the Social brings in. This is to make sure that this bill I urge my colleagues to support this Security money and all the tax money amendment to improve the new merit- does not incur any cost on the taxpayers. It’s to make it revenue neutral. in one pot. It is one way to do the ac- based immigration system and make counting of the United States. It is not That was the promise we had heard. this bill better for women. I hope we accurate in this case. It should not be People like to hear that. They were can reach an agreement to bring this used. It claims a $197 billion surplus. pleased to hear that. It was a positive amendment to the floor for a vote. That is the Social Security and Medi- spin for the bill. He goes on to say: I yield the floor, and I suggest the ab- care money. But if we take away the sence of a quorum. Section 6 provides start-up costs to imple- Social Security surplus this bill cre- The ACTING PRESIDENT pro tem- ment the bill, repaid by fees that come in later. ates, $211 billion, and the money they pore. The clerk will call the roll. pay into the Medicare trust fund, $56 The assistant legislative clerk pro- Then he goes on to say money will be billion—the net deficit is $70 billion. ceeded to call the roll. paid from companies and workers and We have to get our minds correct. Mr. SESSIONS. Mr. President, I ask by the immigrants who get the legal The reason this country is going unanimous consent that the order for status in terms of ‘‘their fines as they broke, the reason this country is so far the quorum call be rescinded. go through the process.’’ off a sound fiscal path, is that we con- The ACTING PRESIDENT pro tem- That was the promise that was there. tinue, we persist, in using a unified pore. Without objection, it is so or- Yet now we have legislation and a budget number when that money for dered. score that demonstrates that is plainly Social Security and Medicare is dedi- Mr. SESSIONS. Mr. President, we not correct. First, the Congressional cated money. It is set aside to pay for will have a vote before much longer on Budget Office analyzed the cost, and something in the future. the question of whether the legislation this was before we added the extra If someone sets aside money in their before us violates the budget. I think money last week or what we will vote savings account for their retirement, that is going to be established quite on today. This was before they added they cannot spend it today and pretend clearly. The chairman of the Budget the substitute Corker-Hoeven-Schumer they still have it for their retirement Committee, Senator MURRAY—and I amendment, and that substitute adds a account. It is just that simple. am the ranking Republican on that lot more money. This is a bad trend we have been in. committee—is going to acknowledge What our experts in the budget office It was not so obvious when Social Se- that and the Parliamentarian will so tell us is that it would add $14 billion curity and Medicare were bringing in a rule that the legislation violates the to the on-budget debt of the United lot more money than was going out. budget and violates it in a number of States, but it is really more than that. But now that is not so, and we will ways, contrary to the promises made Most of the individuals who will be soon be in deficit, and very serious def- by the sponsors of the bill. legalized will be able to have Social Se- icit. So we should not in any way sug- The sponsors of the bill proposed a curity cards and will pay FICA, Medi- gest, believe, or tell the American peo- large piece of legislation and told ev- care, and Social Security withholdings ple that this bill is paid for. It is not

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5208 CONGRESSIONAL RECORD — SENATE June 26, 2013 paid for, and as a result it violates the I will take a minute to point out that For 12 years, if we pass this bill, the Budget Act. That is the point of order recently—last night or late yesterday— average wages of Americans will be that Senator VITTER has made, and we Senator BENNET, one of our most able lower than would have been the case if will vote on it. Members of the Senate and a Member the bill had not passed, according to In addition to that, it is worse. There of the Gang of 8, took the floor to pro- our own CBO. are 10 more budget violations in the mote the bill and claimed that before Somebody came and said on the bill: One is for new direct spending to jobs are offered, the bill ‘‘requires an floor: We won’t worry about that be- exceed the Judiciary Committee’s au- American is offered the job first.’’ cause in 20 or 30 years they say it thorization levels over a 5-year period. He went on to say: ‘‘We are not bring- might be better. Another one is a 10-year violation of ing in a whole bunch of new people First of all, our problem is today. spending over authorized levels in vio- when there are Americans looking for People are unemployed today, and they lation of the committee allocations. work.’’ cannot find work today. Wages have Another is an emergency designation We are not bringing in a whole bunch been declining every year since 1999. to increase spending pursuant to emer- of new people when there are Ameri- Working wages of Americans have been gency spending from the comprehen- cans looking for work—well, we are. declining relative to inflation steadily sive immigration trust fund; emer- The guest worker program that is in for over a decade. This bill will accel- gency spending designation for the this bill, in addition to the legalization erate that. It takes us in exactly the comprehensive reform trust fund in process of normal immigration, dou- wrong direction. Why would we do violation of the PAYGO Act; emer- bles the number of guest workers who that? gency designation in violation of a 2010 will be coming to America over current Then it says CBO—this is their own budget resolution; emergency designa- law. These are not people who come to report and this chart is in their own re- tion for Social Security cards, in viola- be permanent residents and immigrate port: to America. These are people who come tion of the statutory PAYGO Act. This CBO estimates that S. 744 would cause the bill calls it an emergency to have funds to take a job and work for a certain pe- unemployment rate to increase slightly be- for Social Security implementation. riod of time—really up to 3 years, and tween 2014 and 2020. That is not an emergency. they can extend for 3 years. They have So for the next 7 or 8 years we are Another is an emergency designation become permanent job takers, in many talking about increased unemploy- for the E-Verify system. That is a sys- instances. ment. He says: First of all, you have to cer- tem we have established and should be This chart shows the wage situation. tify an American has been offered the able to expand rapidly. That is not an This is the current rate. The bill job first. He and other supporters claim emergency to expand that. That is in passes, wages drop, and they start this bill is not going to impact wages, violation of the 2010 budget resolution. going up out here, according to CBO, in is not going to impact jobs. They say Another is an emergency designation year 2025. If the bill had not passed, the don’t worry about it—I am worried for E-Verify in violation of the PAYGO growth would have been higher still, about it. First and foremost, we are act; emergency designation for pas- but now it knocked it down dramati- going to have 1.1 million people, and senger manifest information expendi- many of those are not able to work in cally. Even though it is growing, it tures, in violation of the 2010 budget the economy fully today because they doesn’t mean it is getting back to resolution; emergency designation in are illegally here. They will be given a where it would have been had the bill violation of the Statutory PAYGO Act legal status, a Social Security card, not been passed. for passenger manifest information. driver’s license, and the ability to People who say this bill will not im- All of those represent violations of apply for any job in America. So all of pact adversely—working Americans are the Budget Act. Senator VITTER raised a sudden we are going to have a half facing an economic reality that is un- the one that plainly violates the flat million people, perhaps, out there com- fortunate for them. spending limit we agreed to and are peting for jobs that Americans cannot Finally, they say it will make the now operating under. When the re- find today because unemployment is economy stronger. You have heard sponse came from Senator LEAHY, he very high. That is going to happen that. Under this bill we will give legal moved to waive that. He moved to promptly. status, in the next 10 years, to 30 mil- waive not only that, but all the other Then we are going to accelerate an- lion people; permanent legal status to 10 violations of the Budget Act. You other 4.5 million people into the coun- 30 million people instead of 10 million only raise one at a time. Senator VIT- try, without regard to their skills, and people who would be given legal status TER raised one, and they moved to they will be looking for jobs mostly in in America if we followed current law. waive them all and eliminate this the lower skilled workforce area. Then, Virtually all of those will be able to pesky complaint that their bill spends in addition to that, we add the normal work, and we would see some increase more money than the budget allows. flow of immigration into America. We in GDP/GNP if that were to occur. We will be voting on that, colleagues, currently welcome 1 million immi- However, how much increase do you and this Senate has been in recent grants every year, but this is going to get and how does it compare out per months doing well with regard to ad- welcome 1.5 million a year. So, there person in America? hering to the budget limits we agreed will be an additional 500,000 workers a CBO said S. 744 would reduce per cap- to. We have had seven consecutive year in America under the normal im- ita GNP by 0.7 percent in 2023. That is votes in which the Senate has voted migration system. In addition to that, page 14. In fact, per capita GDP, ac- not to violate the budget when a bill the guest worker program will double— cording to their own chart that I have hit the floor that violated the budget. all at a time when we are not doing reproduced from their report, drops We sent the bill back for reform so if it well economically. from 2017, 2021, 2025, 2029, 2030. It takes comes back it has to be in harmony Today’s announcement that the gov- until 2030 before it starts getting back. with the bill—seven consecutive votes. ernment revised downward substan- If the bill hadn’t passed, GDP per cap- My colleagues who have been there tially the growth in the first quarter is ita would hopefully be going up. and who believe they have a responsi- a real problem. We are not seeing job This is way below what would hap- bility to honor the budget limitations growth. Let me just show this chart pen, and this hurts Americans when per we agreed to should not vote to waive about the impact on wages and workers capita GNP is reduced. Everybody will the budget. Let’s stay within the budg- in America that will occur as a result feel that—maybe not the masters of et. Let’s require the bill’s sponsors to of this legislation. I think probably the universe in their suites out here do what they promised to do, and by these numbers are modest. I think it that are nipping off extra profits be- right they should be able to do, which will be more dramatic than this. cause they have lower wages. It may is produce a bill that comes within cost This is our Congressional Budget Of- not impact them. They may make without raiding the Social Security fice. They looked at the numbers, and more money. and Medicare trust funds, as they now they said: the average wage would In fact, Professor Borjas at Harvard intend to do. That is just the way it is. lower over the first dozen years if this says the people who gain the most from I wish it were not so, but it is. bill passes. this immigration bill will be the people

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5209 who hire the most low-wage workers a few of those. Senator GRASSLEY and We adopt about 100,000 children in because wages will go down. They will his staff have been working on this. America every year. I think these par- make bigger profits, but the people Senator LEAHY and his staff have been ents should be given our best efforts. who will be hurt are the vastly more working on this. I provided a list to These are parents who are adopting numerous workers whose wages will go Senator MCCAIN and to every Member children domestically, keeping them down. of the Gang of 8. I am hoping we can off the streets, out of mental institu- This needs to be talked about. People salvage some effort. tions, pouring their hearts and souls seem to be in denial, but we have to What people might not realize: When into helping raise children who others talk about that. I ask my colleagues to a major bill such as this is being de- have either thrown away or given up. consider this as they decide how to bated, there is a lot more going on be- Yet we make it difficult. vote on this important piece of legisla- sides what they see in committee or A few of us who work on this issue a tion. what they hear on the floor. The evi- lot know how things need to be fixed. I thank the Chair, and I yield the dence of that would be that 800 amend- This is a bill that comes to the floor. floor. ments have been filed. Someone had to We think, gosh, this bill is not big The PRESIDING OFFICER (Ms. write all of those 800 amendments. enough to command its own attention HEITKAMP). The Senator from Lou- Staff worked very hard to think about on the Senate floor, so we are going to isiana. ideas—not to derail the bill but to help prepare an amendment for when the Ms. LANDRIEU. Madam President, I the bill. No draft is perfect. Very smart immigration bill comes up and we hope come to the floor this morning to talk staffers and Members actually do read the Members will allow it to go to an issue I have been speaking about the text and come up with ideas to im- through. for a couple of days. I most certainly prove. I am not going to give up on my can appreciate the frustration of the One in particular: I had a hearing in Members yet. I am going to remain my Small Business Committee. I noti- Senator from Alabama and the Senator very optimistic and very hopeful that fied the immigration subcommittee, from Iowa. even Senators who are opposed to this Judiciary. We conducted our hearing The Senator from Alabama has been bill and have done everything they can with the blessing of the chair. We opposed to this bill from the beginning. to stop it or people opposed to the He may have a different view. I am not didn’t talk about any of the major pieces of the legislation except for the original draft who have done every- sure any amendments would satisfy one or two that talked about small thing they can to amend it—some of him, but of course he has been debating business. In all the discussion of major that has been successful, some of it has in good faith, and that is part of this businesses needing skilled workers and not been. But I am hoping at the end of process that needs to go on. major businesses and hotel chains, I the day, even those who have been The Senator from Iowa has been thought maybe someone could gather making these great efforts will step working very hard. He has spent so some information about what small back and understand and be respectful much time both in the committee and businesses might need and maybe im- that other work should go on as well. on the floor trying to work out a bill prove the bill. This amendment is an example. he is comfortable with, but sometimes I am supporting immigration reform. There is another amendment that that happens and sometimes it doesn’t. I think all Democratic Members—I Senator COCHRAN and I have, amend- I think what should happen, no mat- don’t know of anyone who is not. There ment No. 1383. It simply requires re- ter what, is that after all the con- are some Republican Members who are ports on the EB–5 visa program. The troversial issues are debated, there not supporting the bill, but there are requirement for reports is not in this should be a coming together on both some who are. So one amendment is re- bill. It is a program everyone here is sides at a certain time, recognizing quiring a mobile ap to be developed so familiar with. It has many problems. that all time has expired, all prob- a farmer, for instance, or a person in a The underlying bill fixes it, and I think ability of any serious negotiation on rural area who has either high-speed to those of us supporting the bill, fixes any bills or any amendments that have connection or particularly wireless it adequately. I am not sure what the to be voted on is over, and as friends connection could pull up E-Verify on opponents think. But there is no re- and partners and as the leaders trying their mobile ap. They wouldn’t have to quirement to report back to the com- to move—appropriately and maturely— drive 200 miles, as in the Presiding Offi- mittee so we can continue to monitor forward, we could come together at cer’s State in North Dakota or South this program. Because it has been so least with a short list of amendments Dakota or Louisiana or Mississippi. We off-track in the past, let’s make sure that are completely uncontested and have areas that people are working we get it on-track in the future. This is cleared on both sides. I am going to hard, and they are not right next door just standard Senate operations. Unfor- continue to ask for this because I think to an Internet cafe. So one idea we had tunately, we are now at a place in time it will send a very positive signal to was for mobile aps. That is what one of in the history of the Senate, there are people that even though things have these amendments is. Wouldn’t that be no standard operating procedures any- broken down some in the Senate, it is a big help? There is no one I know who more, and it is a sad day. not completely broken. is opposed to that. There are billions of There is another amendment that I To frame this issue so people can un- dollars in this bill. Some of it most cer- understand has been completely derstand why I might be concerned is tainly could be spent helping small cleared. Murray-Crapo amendment No. that there have been 800 amendments businesses access better E-Verify. 1368 prohibits the use of restraint on filed on this bill—300 in committee, There is another provision in this bill pregnant women in DHS detention fa- about 150 of which were debated and from Klobuchar, Landrieu, Coats, cilities during labor and childbirth ex- voted on or dispensed with, 500 filed on Blunt, Barrasso, and Enzi. This is as cept in extraordinary circumstances. this floor. So in order for those amend- broad a coalition as could reflect Now, please, the amendment simply ments to get any consideration at all— broad-based support. Klobuchar is from would say you cannot shackle women which they haven’t in any large meas- Minnesota, Landrieu is from Louisiana, during childbirth and labor. Is anyone ure—good will has to prevail, and the Coats is from Indiana, Blunt is from on the Senate floor opposed to this? If good will flew out of this Chamber a Missouri, Barrasso is from Wyoming, so, please make yourself known. long time ago. I would like to get a lit- and we are Republicans and Democrats. Nelson-Wicker is a very important tle piece of it back. I wish I could get I appreciate that this amendment has amendment to Senator WICKER, who is all of it back. I wish we would act as been cleared by both sides, and it re- a Republican, and Senator NELSON, we did 4 or 5 or even 6 years ago. It is quires certificates of citizenship and who is a Democrat. I am a cosponsor of not happening. Maybe it will. other Federal documents to reflect the this amendment, but it is Senator NEL- I would like to begin to move in that name and date of birth determination SON’s amendment. I can’t believe there direction by asking my colleagues for made by State courts to help ensure would be anyone in this Chamber who consideration of a small group of that name and date of birth changes would disagree. All it is saying is since amendments that, to our knowledge, for adopted children are reflected in we are spending now—and I might need have no opposition. I am going to read Federal records. to ask the Senator from Iowa to give

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5210 CONGRESSIONAL RECORD — SENATE June 26, 2013 me the final update on the number be- tiate whether we are going to have Ms. LANDRIEU. Will the Senator cause the number keeps going up—if 40,000 or 80,000 Border Patrol agents. from Texas yield for 30 seconds? Senator GRASSLEY would mind giving My constituents want help for the kids Mr. CORNYN. Madam President, I me the number—$46.3 billion on the they adopted. Some of these amend- would be glad to yield as long as it southern border, California, Texas, ments are to get help for Holocaust doesn’t come out of my 10 minutes. New Mexico. survivors. There are only a few of them The PRESIDING OFFICER. Without Mr. GRASSLEY. Let me correct left in the world. We would like to give objection, it is so ordered. that. That is money total to be spent, some attention to them. Some of them Ms. LANDRIEU. Madam President, I not necessarily all on the border. But spent 6 years, 7 years, or 4 years in a thank Senator GRASSLEY for those about $30 billion was added in this prison camp, and this might help them comments. I will continue to work amendment for the border. to die in peace. with him in good faith on this list. I re- Ms. LANDRIEU. So $30 billion on the Madam President, I ask that there be alize not all of these amendments are land border, and it could be something order on the floor. under the jurisdiction of the Judiciary between 30 and 46 and those numbers The PRESIDING OFFICER. Order, Committee, so that is why we have keep changing. But it is a lot of money. please. The Senate will be in order. been working with leaders of other Senator NELSON’s amendment says Ms. LANDRIEU. I—as well as many committees that have jurisdiction over that at least $1 billion of that money colleagues—have gotten to the point these amendments to help get them be spent on maritime border security, where we would like to try to get back passed. not land border. As he said so elo- to a place where after all the fighting I appreciate my friend’s work and quently, if we continue to put up fences is over, all the yelling is done, all the will continue to move forward. and borders on the land and make it se- posturing is done, all the message The PRESIDING OFFICER. The Sen- cure—which we all want to do—there amendments are done, we could at ator from Texas. are maritime assets that need to be least trust each other enough to have a Mr. CORNYN. Madam President, we stepped up. I think most everybody un- consent package of items that would be have been on this bill for about 21⁄2 derstands that and would say that is a helpful to the people we represent. weeks. We find ourselves in a very very good amendment. That is a simple request. strange position where we have had These are amendments that don’t I will yield the floor. Others want to votes on 10 amendments, and now Sen- need to be voted on. I am not asking speak, but I will come back once we ators are talking about clearing an- for votes on these amendments. They have a clear list and again ask unani- other 45 amendments 2 days before the don’t need to be voted on. They would mous consent for these amendments. majority leader has basically set a But I will not do that now. normally go by voice vote en bloc—no deadline and said we are going to be The PRESIDING OFFICER. The Sen- votes required. Out of the 800 amend- through with this bill one way or the ator from Iowa. ments, this list has less than 45 amend- Mr. GRASSLEY. Madam President, I other. This strikes me as a strange way ments that probably don’t need any yield 10 minutes to the Senator from to do business, but here we are. I have always believed that even vote, no time, just a simple—it is a Texas. consent. Staff has been given these and I want to give an update, not only to though you want something—and in looked at these amendments. Senator LANDRIEU, but for all the Sen- this case I believe virtually every Sen- I am going to continue to come to ators. First of all, 10 days ago we start- ator in this Chamber wants an immi- the floor today in hopes that after the ed out with 27 amendments that were gration bill—that you can want some- leaders negotiate on the contested noncontroversial—or supposedly non- thing so bad and be so desperate that amendments—and I have a list of the controversial. Obviously, they were not you will get a bad deal. I think we are contested amendments. It looks quite all noncontroversial. That grew to 44 beginning to see some elements in this different than the list I am talking or 45, and I think we are back at 35 now bill, which I want to talk about briefly, about. The list that is being contested on that list. that I think ought to give all of us has names such as: Vitter, Vitter, Vit- Remember, about 14 of those were in- pause and cause us to wonder whether ter, Vitter, Vitter, Vitter, Vitter, Lee, cluded in the Hoeven-Corker amend- this is the way we should be doing busi- Lee, Lee, Lee, Cruz, Cruz, Cruz, Cruz, ment. They were included in that for ness. Cornyn, Cornyn, Cornyn, Cornyn. That sweetener—to buy people off to get One of the things my constituents in is a list. There is another list: Cham- their votes on final passage. So there Texas found so infuriating about the bliss, Portman, Vitter, Inhofe, Toomey, are 14 that will probably be passed process of passing the Affordable Care and Fischer. These lists are lists from when we vote on final passage. Act—all 2,700 pages—was the way there Members who really believe they need Last night my staff cleared 12 amend- were backroom deals and various spe- to get a vote on their amendments. I ments, and that does not count several cial interest boondoggles that helped would like them to get a vote. I am not Republican amendments that were garner the 60 votes necessary to pass opposed to them getting a vote. added to the list. We are making ObamaCare back in 2010. Some of them What I am opposed to is this list progress. Some are noncontroversial, became somewhat famous. There was which is not one Senator, it is numbers but others are not. The one that the the ‘‘Cornhusker kickback,’’ ‘‘Gator of Senators who have worked very hard Senator from Louisiana mentioned aid,’’ and the ‘‘Louisiana purchase.’’ to get bipartisan support for amend- that appeared to her to be non- They became symbols of Congress’s ir- ments that improve the underlying controversial, we suggested some tech- responsibility when it came to dis- bill, which is going to pass. nical changes to make it more defini- charging our duties as Members of the The bill is going to pass. It is either tive. If that is done, we can probably Senate. going to pass with 69 votes, 72 votes, or accept that. It is suggested that if, in fact, indi- 74 votes. There is no way this bill is not Also, everyone has to remember that vidual Members got sweeteners that going to pass the Senate. It is clear it there are amendments on this list were sufficient to get their vote, that is going to pass. People don’t like that which are under the jurisdiction of was the way we ought to be doing busi- it is going to pass, but it is going to other committees and not under the ju- ness. Unfortunately, we are starting to pass. risdiction of the Judiciary Committee. see similar tactics break out here on So before it passes, I am asking with Some of the amendments were rejected this immigration issue, suggesting that all of my heart for the consideration of for that reason. Some of the amend- some Members are so desperate to get amendments that have been brought by ments are technical, but some are more a deal, any deal, they are willing to Democrats and Republicans who have complicated. take a bad deal, one in which none of been working in good faith to make the I give my assurance to all of my col- these standing alone would pass muster bill better and to solve problems for leagues that we will continue to work or scrutiny. our constituents. Our constituents are on this list. Immigration reform is a nationwide not trying to negotiate on the number I yield the floor and reserve the re- challenge, and immigration reform of Border Patrol agents. The Gang of 8 mainder of whatever time is left when should promote the national interests, did that. They are not trying to nego- Senator CORNYN is done. not the special interests of individual

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5211 Senators or any region or State or lob- bipartisan basis that it is important we not bust the budget by double counting bying group. Yet when we look at the hold the line against increased deficit Social Security funds paid into the bill underlying bill, I see a litany of de spending and increased debt. But we in the future. facto earmarks, carve-outs, and pet are going to be asked to vote to essen- I yield the floor. spending initiatives. Because we have tially violate our own pay-go rules in The PRESIDING OFFICER. Who been in such a rush since last Friday to waiving the budget points of order, yields time? move to the designated deadline the busting the Judiciary Committee’s Mr. CORKER. Madam President, it is majority leader has set for this bill, spending limit, and to designate cer- my understanding that Senator LEAHY there may be many Members who are tain spending as emergency spending is yielding time—or maybe it is Sen- unfamiliar with these special carve- even though it is obviously not emer- ator LANDRIEU who is yielding time. outs, de facto earmarks, and pet spend- gency spending. So much for fiscal re- Somebody is yielding time. ing initiatives. I want to talk about a sponsibility. The PRESIDING OFFICER. The Sen- few of them. Supporters of the underlying bill con- ator from Tennessee. The bill directs $250 million from the tinue to argue that this legislation will Mr. CORKER. Madam President, I comprehensive immigration reform actually reduce the Federal deficit. It want to speak today on the amend- trust fund to boost immigration-re- is a bizarre situation where we can ment. I know the Senator from Texas, lated prosecutions in a single sector. spend almost $50 billion and claim that my friend and someone I respect, made There are nine Border Patrol sectors, it actually reduces the deficit, but that numerous comments about the bill. but the Tucson sector is the surprise is the argument. Yet, as I explained on But actually the vote we have today is beneficiary of $250 million in a special Monday, the only way we can trans- about the border security amendment earmark in this bill. form this bill into a deficit reduction that has been negotiated and a lot of I have a simple question: Don’t all of bill is by double counting more than people have worked on. I know some of the border sectors need increased fund- $211 billion worth of Social Security his comments refer to some portions of ing for prosecutions? Well, I believe the revenue. In other words, the money the amendment. Mostly, he was talk- answer is yes. So I believe carving out paid in in terms of Social Security ing about the bill itself. the Tucson sector for special treatment taxes is eventually going to have to be The issue before us today is the bor- is entirely inappropriate. So we see paid out in benefits, and they can’t say der security amendment the Senator that even longtime opponents of ear- we will pay it out in benefits and then from North Dakota and myself and marks are now cosponsoring legislation also use that surplus to fund the under- many others worked on. I want to put that is filled with de facto earmarks, lying bill because that is double count- this in context, if I can. Fifteen days including one that benefits their State ing. ago in the Republican caucus at what alone. We wouldn’t see this sort of Indeed, the bill assumes the very we call our conference lunch, there was thing, I believe, if we had a stand-alone same pot of money can be used to fund a discussion about the ways of trying bill. But they have jammed that in new spending initiatives and fund these to make this immigration bill better. here in order to get the maximum future Social Security benefits, but The Senator from North Dakota had a number of votes. We have seen strange only in Washington can we get away base bill dealing with border security, things happen. with such magical accounting tech- and many of us at the time said what This bill also creates a bureaucracy niques. In the real world this bill actu- we could do is take a base border secu- to determine which occupational cat- ally increases the Federal Govern- rity amendment, expand it, and try to egory should be prioritized under the ment’s on-budget deficit over the next accommodate many of the desires of new guest worker program. However, it 10 years. people in our caucus with other provi- requires a new bureaucracy to auto- I am just suggesting that in our rush sions in it that many Senators here in matically designate Alaska seafood to get a bill we are making concessions this body wanted to see happen. Two processing as a shortage occupation we ordinarily would not make on Fridays ago, we actually had about 12 that receives special treatment. We stand-alone legislation, whether it is in offices come together for a meeting to might as well call this the Alaska Sea- these sweetener provisions, the de talk about many of those attributes food Special. facto earmarks, special carve-outs, or they felt would make this bill better. I will mention one more boondoggle, by double counting revenue. But to add So over time we developed a 115-page and that is the jobs for youth pet pro- it all up, we are left with a bill that is amendment—some people say 119-page gram, which authorizes $1.5 billion to chock-full of de facto earmarks, amendment—dealing with not just bor- expand an Obama stimulus program porkbarrel spending, and special inter- der security but many issues people in that could conceivably be used to give est sweeteners. This is a bill that in- this body thought would make this bill free cars, motorcycles, scooters, and creases the on-budget deficit but fails better. other vehicles to young people who to guarantee a border that is secure There has been some dispute about participate. I am referring to page 1,182 and offers only promises, which histori- the size of this amendment; I know we of the jobs for youth amendment. It is cally Congress has been very bad about have had some discussion from people title V under the bill, which says: The keeping. on the floor. It is unfortunate that funds made available under this section Does that sound like real immigra- sometimes people will come to the Sen- may be used to provide supportive serv- tion reform? I know we can do better, ate floor and say things that are a lit- ices, such as transportation or and I know we must do better if we are tle over the top in order to make a childcare, that is necessary to enable ever going to solve our biggest immi- point. But I will note that today some the participation of such youth in the gration problems. of my friends on my side of the aisle re- opportunities. Again, I would love to support an im- ceived multiple Pinocchios, if you will, So I believe this is an open-ended in- migration reform bill. Unfortunately, from a very well-respected publication, vitation to take this $1.5 billion and the way this bill is shaping up, I can- because the fact is the amendment is use it for purposes that many of us not and will not. My hope is that the as we have said. would cringe at if we really understood House of Representatives will take up Because of the rules of construction it. this issue on a step-by-step basis and in in the Senate, when we add a 119- or I want to make two final points smaller increments so people can actu- 115-page amendment to a 1,100-page bill about the spending in the bill. First, ally read and understand it. By work- and we intersperse the amendment we are going to be asked to waive all 11 ing through this issue in the House, throughout it, no doubt we come up budget points of order under the bill at eventually they will be able to come up with a 1,200-page bill, if you will. The a time when there is bipartisan con- with a conference committee that will fact is, 1,100 of those pages we have had cern about our fiscal standing, at a produce a responsible immigration re- since April. They have been through time when our debt is $17 trillion. I form bill, one that doesn’t offer de committee. People offered amend- think we have been pretty good re- facto earmarks and various sweeteners ments. So let me say I think the cently in not waiving budget points of to people who support it, but one which amendment size issue has been totally order. I believe we are recognizing on a will stand on its own merits and will rebutted. I would say the Senator from

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Most people in ing to malign and trying to fool people the size. the country don’t understand that in all out across America because they We know this amendment has some the Senate we have something called know what is getting ready to happen. things in it other than border security. unanimous consent, and if one Senator The fact is, without the 350 miles iron- That was part of the process in getting disagrees, it cannot happen—one Sen- clad, in place, there is no green card. to a place where we enhanced the bill. ator. So we have had this situation So all five provisions have to be in Some people are talking about the going back and forth where we have place. cost, and my friend from Texas was tried to have amendments. I agree, I know people try to spin things when just speaking. If my colleagues no- let’s have amendments. There is one they get on television and they try to ticed—and it is very important around amendment in particular I wish we say things to confuse America. What I here to listen—he talked about on- could vote on and pass. I would love to would say to America is read the bill. budget costs. First of all, everybody in see it. But guess what. I want every- I think Americans would be proud of this body knows the problem we have body to know the very people who are border security, which brings me to a in America today is the off-budget saying they want to have more amend- close here today. items and that our entitlement pro- ments are objecting to more amend- Here is what I want to say: On the grams are what are driving the huge ments. So understand what is hap- procedural vote that took place 2 days deficits we have in this Nation. So it is pening here on the Senate floor. ago, every single Democrat voted to the entitlement issues most people who There will be some people who say, end debate on this border security speak about deficit reduction are fo- Well, I am going to vote against this measure. We had 15 Republicans who cused on because we have done so much because of the process. I want America voted for it. The process issue is behind already on what we call the discre- to understand what is happening in us and today we are voting on the tionary side, which is the on-budget this body right now. As a matter of amendment itself. I don’t know how piece. fact, I don’t know if it is true, but my any Republican can look a TV camera CBO has scored this bill and basically understanding was the other side was or a constituent in the eye and not say they have said—not basically, they actually going to agree to 35 amend- this amendment strengthens—surges— have said if this bill were to pass, when ments, and people heard that and they on the border and makes our border we take into account the entitlements said: Well, my gosh, they might accept and we take into account the discre- more secure. So if, for some reason, Re- 35 amendments. Go down there and file publicans come to the floor today—a tionary spending, which is what is more amendments because we are called on-budget, we will reduce the majority of Republicans—and they afraid they are actually going to agree vote against this border security deficit by $197 billion. One of the main to what it is we are asking for. So we reasons that is the case is when immi- amendment, what is going to happen is will see. the Democrats are going to own the grants move into what is called the Let me close with this: Nobody in temporary status, they pay in for 10 border security issue, and basically Re- this body can say the amendment we publicans—whose constituents I think years, and one of the toughest provi- are voting on today does not do any- in some cases care more about this sions in this bill is they cannot receive thing someone can imagine relative to issue than many people on the other any benefits for 10 years. Think about border security. My good friend from side—will be giving up this issue. that. We have this huge amount of Texas spent a lot of time drafting a money that is going to be coming into I don’t know how any Republican can border security bill that had 5,000 Bor- go back home and say to their con- the Social Security Program and com- der Patrol agents. This one has 20,000— stituents: I voted against adding Bor- ing into the Medicare Program which, 20,000 Border Patrol agents. This der Patrol agents and I voted against candidly, helps people in this Nation amendment calls for 20,000 Border Pa- adding a fence on the southern border because it makes those programs more trol agents. It doubles the number of and I voted against an E-Verify system solvent. Border Patrol agents on our southern and I voted against an exit-entry pro- We have to listen to the words here. border. Let’s think about it when people talk We are adding $4.5 billion worth of gram and I voted against the tech- about the cost of this border security technology that the chief of border nology our Border Patrol chief wants. I amendment. Yes, it costs $46 billion to control has been trying to get for voted against it because I didn’t like implement these items—which, by the years, bought and paid for in this bill. the process. I voted against it because way, almost every Republican has We are adding an entry-exit visa pro- this bill has been before us now for championed for years, all of the items gram that has to be fully in place. over 2 months and I had a chance to in this border surge, if you will—but it We are adding E-Verify for every em- make amendments in the Judiciary costs $46 billion. I will tell my col- ployer in the country. Committee and I had a chance to make leagues I have been here 61⁄2 years and We are also adding 350 miles of fenc- amendments on the floor but, candidly, I would put my credentials on focusing ing. I didn’t want that to happen, so I kept on deficit issues with anyone in this People are saying: Well, we don’t that from occurring. body. I have never had an opportunity know if this will ever happen. My col- I would ask my friends: Please, today to vote for a bill that cost $46 billion leagues should read the triggers. If it is about an amendment to a bill that over a 10-year period but generated $197 doesn’t happen, nobody gets a green makes it stronger. My colleagues may billion into the Treasury without rais- card, and every American can see not like every provision, but we cannot ing anybody’s taxes and, I might add, whether this happened. look folks in the eye back home and also generating economic growth for Then people are saying, Well, on the say this isn’t something that those who our country. So I want to debunk that. fencing piece—nobody, by the way, de- care about border security would know This is a tremendous opportunity for bates the 20,000 Border Patrol; nobody surges the border, makes this country us to actually reduce our deficit while, debates E-Verify; nobody debates safer, and I would say makes this bill a at the same time, securing our border. entry-exit; nobody debates the $4.5 bil- much stronger bill. People are talking about process— lion in technology. But then people are With that, I yield the floor. I hope and I am coming to the end here. It is saying, Well, wait a minute. On the my good friend and great partner from interesting to me that the very people, fencing piece, though, the Homeland the State of North Dakota will make I hate to say it, on my side of the aisle Security Secretary can decide where it some comments. who have been raising cain, if you will, goes. Well, my friends in good govern- I wish to thank Senator LEAHY from about the fact there aren’t enough ment—and I happen to be with one of Vermont for his generosity with time amendments are the very people who those—yes, it does say she can decide this morning. are objecting to amendments being of- in section 5 of the bill which places The PRESIDING OFFICER. The Sen- fered. work best. ator from Vermont. Look, this is the old game that is We know the people from Texas don’t Mr. LEAHY. Madam President, I played around here: Well, we think we even want a fence. People in Arizona yield 10 minutes to the distinguished

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5213 Senator from North Dakota, and I ask one can get green cards, other than less, it is true, in the first decade, but unanimous consent that the last 5 min- DREAMers or some blue card ag work- after that we get more GNP. So long utes be reserved for the Senator from ers. So the cost of border enforcement term, more GDP, more GNP. Vermont. is paid for, and we still have $850 bil- Unemployment. This talk about in- The PRESIDING OFFICER. Without lion available for deficit reduction. creasing unemployment—0.1 of 1 per- objection, it is so ordered. So you might ask, well, why the cent in the first 6 years, as you adjust. Mr. HOEVEN. Madam President, I budget point of order, then? Why the After that, there is no difference in un- thank the distinguished Senator from budget point of order when we are try- employment. Vermont, and I wish to particularly ing to get the debt and the deficit The same thing with wages—initially thank my distinguished colleague from under control? Well, the budget point 0.1 of 1 percent lower because you have the State of Tennessee for all of his of order goes to the amount of dollars immigrants coming in who earn a work on this border surge amendment. coming in on-budget and off-budget. lower wage, but over time, in the sec- That is what we are talking about: a What do we mean by off-budget? That ond 10 years, wages go up. OK. border surge amendment. The amend- means entitlement programs. So the What is my point? The point is that ment we have offered, Hoeven-Corker, amount of dollars coming in do not for all of these categories, in all four of is about securing the border first. As match up with what is exactly in the these categories, we do as well or bet- the good Senator from Tennessee de- budget, now both on-budget and off- ter—as well or better—over the long scribed, that is absolutely the focus of budget. But that is understandable, run. Isn’t that what we want? what we are doing here. isn’t it? I will summarize. We are willing to work with every- This is new significant legislation, so The first order of business for immi- body on both sides of the aisle in this of course we have to adjust the on- gration reform is to secure the border. body and in the House to come up with budget and the off-budget to account Americans want immigration reform— legislation that secures the border. We for this $850 billion we did not have be- of that there is no doubt. But they believe that is what Americans want. fore. OK—almost $1 trillion now that want us to get it right, and that means That is what we are working so hard to we have. OK. So of course we have to securing the border first. do. make some adjustments. Our amendment, as the Senator from What I would like to start with, So the real question here, the real Tennessee said, is 119 new pages—not though, this morning in terms of my question on this budget point of order 1,200. Madam President, 1,100 is in the comments is this budget point of order is, Would you rather have $850 billion base bill. That has been out here since we are going to be voting on in a few available to reduce the deficit or would May. minutes. I would like to cite right from you rather not have it? Because if you Our amendment secures the border the Congressional Budget Office report. do not pass the legislation, you do not with five tough provisions or triggers So I am going to just take facts, statis- get the $850 billion in funds to help that must be met before green cards tics right out of the CBO report be- with deficit reduction. That is, if you are allowed. We have talked about cause, as the good Senator from Ten- will, kind of the bottom line here, isn’t that. A comprehensive, high-tech plan nessee explained a minute ago, so much it? on the southern border must be in of this is getting either misunderstood Now, it is true, as I say, we have to place: 20,000 Border Patrol agents, a or misinterpreted. So let’s get right to adjust our budget categories, but over- total of 700 miles of fence—things our the CBO report, and let’s look at ex- all, CBO scoring—after paying for an colleagues on our side of the aisle have actly what it says. incredible amount of additional re- been asking for are here—a national, According to CBO, it is clear that sources to secure the border first—$850 mandatory E-Verify system, electronic this legislation will reduce our deficit. billion over the next two decades. entry and exit at international airports The CBO report shows that in the first Also, this funding strengthens enti- and seaports. That is about securing decade there is $197 billion provided tlement programs. Right. Why? Be- the border first. That is what this from this legislation that we can use cause the funding we are talking about amendment is about. It is objective, for deficit reduction—less, obviously, is paid into Social Security and Medi- and it is verifiable. That is what the as Senator CORKER just explained so care. CBO shows that in both the first technology on the border—$4.5 billion well a minute ago, as we are putting decade and the second decade more is in technology for sensors, radars significant resources into securing the paid into those programs to make them drones, helicopters, planes—that is border. So if you take out that addi- solvent. But opponents say: Well, yes, what it is all about, so we know we tional $40 billion that our amendment sure. More is paid in, but those payers have the border secured. costs to make sure we secure the bor- someday are going to get benefits, so So we ask our colleagues on both der, to make sure we have the E-Verify they are going to take it out. But CBO sides of the aisle to join with us. Let’s system, to make sure we have elec- shows that the amount being paid in is rise up. Let’s meet this challenge for tronic entry and exit at all of our more than the benefits being paid out the American people, and let’s address international airports and seaports— and that the amount is on a growth border security. That is what this leg- deduct that $40 billion, that is $157 bil- trajectory, not the reverse, meaning islation does. lion that we have available in the first more is paid in in the second decade Madam President, I yield the floor. decade and, according to CBO, in the than the first decade, so we make those The PRESIDING OFFICER. The Sen- second decade, $700 billion. So that is programs even more solvent, and it ator from Vermont. about $850 billion over the next two gets us on the right trajectory. That is Mr. LEAHY. Madam President, the decades that is available to help us re- why we should defeat the budget point Hoeven-Corker amendment is subject duce the deficit, and that is after put- of order—because, quite simply, we to a budget point of order because it in- ting the five triggers in place that we want the $850 billion to help reduce the creases the net on-budget deficit over provide in this legislation to secure the deficit. That is the real issue we are both the 5- and 10-year periods and ex- border first. dealing with. ceeds the Judiciary Committee’s allo- That means a comprehensive south- Also, I want to take a minute again cation for direct spending. But on- ern border strategy: 20,000 additional to address the GDP, GNP, wages, and budget effects do not take into account Border Patrol agents; 700 miles of fence unemployment. Again, I want to quote the significant off-budget savings. in total—350 in addition to the 350 we from the CBO because I really believe Last week the nonpartisan Congres- have; a national mandatory E-Verify these things are getting misinter- sional Budget Office concluded that our system; and electronic entry and exit preted. bill is going to help us achieve nearly identification must be in place, as I GDP—gross domestic product—in the $1 trillion in deficit reduction. We have said, at all international airports and first decade grows 3.3 percent more also learned that the Hoeven-Corker seaports. These things must be done with the legislation. In the second dec- amendment would significantly in- upfront. These triggers must be met ade, it grows 5.4 percent more. OK. crease our border security, and, as the and illegal immigrants must be in pro- GNP—gross national product—per cap- CBO said and as my friends from Ten- visional status for 10 years before any- ita in the first 10 years, 0.7 of 1 percent nessee and North Dakota have said, the

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So I admire what they have So when we vote on waiving the the way the Senate is supposed to done—again, not for any political ben- point of order, I will vote to waive it work. efit because, as I look, I doubt they because the Hoeven-Corker amendment I hope colleagues will vote for the will get any from this, but they will and the overall amendment will spur committee-reported substitute, as get the benefit of doing what they be- job growth and will dramatically re- amended. lieve is right for our country. I appre- duce our deficit. This is one of our Nation’s toughest ciate that. History will indicate that I Then we are going to vote on the sub- problems, but we were not elected to do am right. Maybe in the short term it stitute. The substitute is the product easy things. In fact, if all we had were may not be, but history will indicate, of many months of hard work and bi- easy things, I do not know why any- when the books are written, that these partisan collaboration in a very trans- body would want to be in the Senate. two good men allowed us to do some- parent process. No one should oppose We were elected, the men and women of thing that is important for our coun- the cloture motion on the committee- this body, from all over the country— try. reported substitute, as amended. from both parties, with philosophical What if we did not fix this broken im- The Senate Judiciary Committee differences—and we are supposed to fix migration system today, in 2013, this held lengthy and extensive public our Nation’s toughest problems. week? What would the future be for markup sessions to consider the Border We are on the eve of coming one step this country? No. 1, as we have said, Security, Economic Opportunity, and closer to fixing our Nation’s broken the security of this Nation would be Immigration Modernization Act, S. 744. immigration system. I hope the vast not as good as it would have been had This was after a couple dozen hearings majority of Senators will vote yes. we passed this bill. Secondly, the eco- over the last few Congresses. We did it There has been a great deal of work on nomic security of this country would in as transparent a way as possible. this. Is this bill perfect? No. Is any bill be not nearly as good as it will be if we Madam President, over 300 first-de- perfect? No. Is this much better than pass this bill. A $1 trillion debt will be gree amendments were filed. We had what we have today? Yes. Is it exactly reduced in this country. them online for a week and a half be- the bill I would have written? No. It is So I admire all of these Senators for fore the Senate Judiciary Committee not the bill Senator GRASSLEY would the good work they have done for the even took up the bill. have written. It is not the bill any one country. I know we have been working Over the course of 3 weeks, we de- of us individually would have written. for the last couple of weeks and very bated the bill for nearly 40 hours. We But we are not a monarchy. We are not intensely for the last couple of days to often worked late into the evening. a dictatorship of one. We have 100 peo- come up with a list of amendments. I That was online. That was streamed. ple here representing over 300 million have people on my side of the aisle who That was open to everybody. And cer- Americans, and we are supposed to are very interested in having a vote on tainly the thousands and thousands mold, as best as possible, the senti- their amendments. I even have had a and thousands of e-mails that came in ments and needs of those 300 million number of Republican colleagues come from all over the country showed peo- Americans but also the aspirations of to me and say: You have to do some- ple were watching. those who would be Americans, like my thing to allow us to have some amend- The committee considered a total of grandparents and my wife’s parents ments. We have tried very hard to do 212 amendments—we had 212 amend- and even Members of this body. that, but I have to say, honestly, I am ments during that time—136 of which So, Madam President, I hope that, not really happy with what has taken were adopted. Every member of the one, we will waive the budget point of place since I have left here last night committee—Democratic or Repub- order and then, secondly, we will vote and got here this morning because we lican—who filed amendments to the for the amendment, as with the sub- are going backward, not frontward. So legislation was afforded the oppor- stitute. I hope that when we get these three tunity to offer multiple amendments. I believe we are ready to vote. votes out of the way, people agree. Nearly every member of the com- The PRESIDING OFFICER. The ma- Let’s do the possible. There is a way we mittee, in both parties, who offered an jority leader. can come up with some amendments. I amendment had an amendment adopt- Mr. REID. Madam President, I will understand both sides want their ed. All but three of the amendments use leader time so I can talk. We are amendments heard and voted on; they adopted passed on a bipartisan vote, going to be in a vote in a few minutes are important to them. If it is impor- and the committee reported the legis- to waive the Budget Act, and then we tant to them, it should be important to lation by a bipartisan vote of 13 to 5. are going to have two more. One is on us. So we are going to continue to So, as I said, the public witnessed the adoption of the Leahy amendment, work on that to see if we can come up what we did. They saw us streamed live as modified, and then a cloture vote on with a list of amendments. on the committee’s Web site. They saw the committee-reported substitute I would be remiss if I did not men- broadcasts on C–SPAN. All our amend- amendment. tion, together with the 10 Senators I ments were posted, and as we had de- I mentioned on the floor this morn- have already talked about, the chair- velopments, they were reported in real ing the work done by the Gang of 8— man of the committee. We would not time. Members from both sides of the extremely important. As I indicated at be where we are without a fair, open aisle praised the transparent process that time, as I look at the Republicans markup. That is not the way it always and the significant improvements to and Democrats who did this, I do not is around here. This man is the Presi- the bill made by the Judiciary Com- know of anything in it for them politi- dent pro tempore of the Senate. He is mittee. cally. It was done because they be- the chairman of the committee. He has Let me also compliment the ranking lieved the immigration system is bro- a lot of power. He could run that com- Republican on the committee, the sen- ken and broken badly and needed some mittee any way he wants. That is the ior Senator from Iowa, Mr. GRASSLEY. repair work. They did a remarkably way it is here. He did. He ran it the We were on different sides of the legis- good job. way it should be run. I admire and ap- lation, but we worked very well to- But I would like to add to that the preciate the work he has done. gether. We talked numerous times junior Senator from Tennessee, Mr. So let’s get these votes out of the throughout the whole markup to make CORKER, and Senator HOEVEN. What way, see if we can come up with a list sure it would go. He would come to me they have done to help us with this bill of amendments, something we can at times when some of their members is remarkably important and good. work on. Each side is going to have to had to be out for one reason or an- Could we have passed this without give a little. other—other committees—and we them? Maybe. But the point is that I ask unanimous consent that the worked around that. We made sure ev- they have strengthened this legisla- second and third votes in this series be

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5215 10 minutes in duration and that there Mr. HOEVEN. Madam President, I [Rollcall Vote No. 163 Leg.] be 2 minutes of debate equally divided thank the Senator from Vermont. YEAS—69 between the two votes. Americans want immigration reform, Alexander Gillibrand Mikulski The PRESIDING OFFICER. Without but they want border security first, Ayotte Graham Murkowski objection, it is so ordered. and that is exactly what this amend- Baldwin Hagan Murphy Baucus Harkin Murray Under the previous order, all ment does. It secures the border with Begich Hatch Nelson postcloture time has expired. five tough provisions or triggers that Bennet Heinrich Pryor Amendment No. 1551 is withdrawn. must be met—that must be met—be- Blumenthal Heitkamp Reed The question is on agreeing to the Boxer Heller Reid fore green cards are allowed. Those five Brown Hirono Rockefeller motion to waive budget points of order triggers are: a comprehensive southern Cantwell Hoeven Rubio for consideration of this measure. border strategy that must be deployed Cardin Johnson (SD) Sanders The yeas and nays are ordered. and operational, 20,000 additional Bor- Carper Kaine Schatz Casey King Schumer The clerk will call the roll. der Patrol agents, a total of 700 miles Chiesa Kirk Shaheen The assistant legislative clerk called of fence, a national mandatory E- Collins Klobuchar Stabenow the roll. Verify system must be in place, and Coons Landrieu Tester Mr. CORNYN. The following Senators Corker Leahy Udall (CO) electronic entry and exit identification Cowan Levin Udall (NM) are necessarily absent: the Senator must be in place at all international Donnelly Manchin Warner from Utah (Mr. LEE) and the Senator airports and seaports. Durbin McCain Warren from Missouri (Mr. BLUNT). Simply put, this is about making Feinstein McCaskill Whitehouse Further, if present and voting, the Flake Menendez Wicker sure we secure the border, and we do it Franken Merkley Wyden Senator from Utah (Mr. LEE) would in an objective and verifiable way. NAYS—29 have voted ‘‘nay.’’ I want to thank all of my cosponsors The PRESIDING OFFICER (Ms. Barrasso Enzi Portman on this legislation, and turn to the Boozman Fischer Risch BALDWIN). Are there any other Sen- good Senator from Tennessee and Burr Grassley Roberts ators in the Chamber desiring to vote? thank him for his work. Chambliss Inhofe Scott The yeas and nays resulted—yeas 68, The PRESIDING OFFICER. The Sen- Coats Isakson Sessions nays 30, as follows: Coburn Johanns Shelby ator’s time has expired. Cochran Johnson (WI) [Rollcall Vote No. 162 Leg.] Thune The Senator from Iowa. Cornyn McConnell Toomey Crapo Moran YEAS—68 Mr. GRASSLEY. Madam President, Vitter Cruz Paul Alexander Gillibrand Mikulski this grand compromise makes false Ayotte Graham Murkowski promises to the American people and NOT VOTING—2 Baldwin Hagan Murphy throws money at the border, but there Blunt Lee Baucus Harkin Murray Begich Hatch Nelson is no accountability to get the job Bennet Heinrich Pryor done. We need to see the results, but The amendment (No. 1183), as modi- Blumenthal Heitkamp Reed the only result we are being assured of fied, was agreed to. Boxer Heller Reid Brown Hirono is legalization—legalization first, bor- CLOTURE MOTION Rockefeller Cantwell Hoeven Rubio der security later. The PRESIDING OFFICER. Under Cardin Johnson (SD) Sanders On top of all the earmarks that are the previous order, there will now be 2 Carper Kaine Casey King Schatz in this amendment, the grand com- minutes of debate equally divided prior Chiesa Kirk Schumer promise also has a grand plan for to a vote on the motion to invoke clo- Collins Klobuchar Shaheen spending taxpayers’ dollars, and we ture on the committee-reported sub- Coons Landrieu Stabenow Corker Leahy Tester have to raid the Social Security trust stitute, as amended. Cowan Levin Udall (CO) fund to get it. The clerk will report the motion to Donnelly Manchin Udall (NM) The American people expect us to get invoke cloture. Durbin McCain Warner this right. This amendment is the The legislative clerk read as follows: Feinstein McCaskill Warren Flake Menendez Whitehouse wrong answer. I urge a ‘‘no’’ vote. CLOTURE MOTION Franken Merkley Wyden I yield the floor, and I yield the re- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the NAYS—30 mainder of my time. The PRESIDING OFFICER. All time Standing Rules of the Senate, hereby move Barrasso Enzi Portman has expired. to bring to a close debate on the committee- Boozman Fischer Risch reported substitute amendment to S. 744, a Burr Grassley Roberts Mr. CORKER. Madam President, I bill to provide for comprehensive immigra- Chambliss Inhofe Scott ask unanimous consent for 30 seconds. Coats Isakson Sessions tion reform, and for other purposes. Coburn Johanns Shelby Mr. GRASSLEY. I object. Harry Reid; Patrick J. Leahy; Michael F. Cochran Johnson (WI) Thune The PRESIDING OFFICER. Objec- Bennet; Charles E. Schumer; Richard Cornyn McConnell Toomey tion is heard. J. Durbin; Robert Menendez; Dianne Crapo Moran Vitter Feinstein; Sheldon Whitehouse; Patty Cruz Paul Wicker The question is on agreeing to amendment No. 1183, as modified. Murray; Debbie Stabenow; Robert P. NOT VOTING—2 Mr. MENENDEZ. I ask for the yeas Casey, Jr.; Mark R. Warner; Thomas R. Blunt Lee Carper; Richard Blumenthal; Angus S. and nays. King, Jr.; Christopher A. Coons; Chris- The PRESIDING OFFICER. Three- The PRESIDING OFFICER. The yeas topher Murphy. fifths of the Senators duly chosen and and nays have been requested. Mr. LEAHY. Madam President, I ask sworn having voted in the affirmative, Is there a sufficient second? unanimous consent to yield back all the motion is agreed to and the point There is a sufficient second. time. of order falls. The clerk will call the roll. The PRESIDING OFFICER. Is there AMENDMENT NO. 1183, AS MODIFIED The bill clerk called the roll. objection? Without objection, all time The PRESIDING OFFICER. Under Mr. CORNYN. The following Senators is yielded back. the previous order, there will now be 2 are necessarily absent: the Senator By unanimous consent, the manda- minutes of debate equally divided prior from Utah (Mr. LEE) and the Senator tory quorum call has been waived. to a vote on amendment No. 1183, as from Missouri (Mr. BLUNT). The question is, Is it the sense of the modified, offered by the Senator from Further, if present and voting, the Senate that debate on the committee- Vermont, Mr. LEAHY. Senator from Utah (Mr. LEE) would reported substitute amendment to S. The Senator from Vermont. have voted ‘‘nay.’’ 744, a bill to provide for comprehensive Mr. LEAHY. Madam President, I The PRESIDING OFFICER. Are there immigration reform, and for other pur- yield my time to the Senators from any other Senators in the Chamber de- poses, shall be brought to a close? Tennessee and North Dakota. siring to vote? The yeas and nays are mandatory The PRESIDING OFFICER. The Sen- The result was announced—- yeas 69, under the rule. ator from North Dakota. nays 29, as follows: The clerk will call the roll.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5216 CONGRESSIONAL RECORD — SENATE June 26, 2013 The legislative clerk called the roll. time with their families and prepare However, with the Supreme Court’s Mr. CORNYN. The following Senators for this great Nation’s celebration next decision today, it appears the anti- are necessarily absent: the Senator week. discrimination principle I have long from Utah (Mr. LEE) and the Senator Mr. President, I ask unanimous con- advocated will apply to our immigra- from Missouri (Mr. BLUNT). sent that I be allowed to continue to tion laws, and binational couples and Further, if present and voting, the speak for 5 minutes as if in morning their families can now be united under Senator from Utah (Mr. LEE) would business. the law. As a result of this very wel- have voted ‘‘nay.’’ The PRESIDING OFFICER. Without come decision, I will not be seeking a The PRESIDING OFFICER (Mr. MUR- objection, it is so ordered. floor vote on my amendment. PHY). Are there any other Senators in SUPREME COURT RULING Today’s decision should be seen as a the Chamber desiring to vote? Mr. LEAHY. Mr. President, today the victory for all of those who support The yeas and nays resulted—yeas 67, Supreme Court struck down section 3 justice, equality, and family values. nays 31, as follows: of the Defense of Marriage Act. I think I had the privilege of serving with a [Rollcall Vote No. 164 Leg.] that helped this Nation take a major wonderful Senator from Vermont when YEAS—67 step toward full equality. The ruling I first came here, Robert Stafford. He Alexander Graham Murkowski confirms my belief that the Constitu- was ‘‘Mr. Republican’’ in our State. Ayotte Hagan Murphy tion protects the rights of all Ameri- When we were debating the question of Baldwin Harkin Murray cans—not just some but all of us—and same-sex marriage in the Vermont Baucus Hatch Nelson Legislature, Senator Stafford said: If Begich Heinrich Pryor that no one should suffer from dis- Bennet Heitkamp Reed crimination based on who they love. I we have two people who love each Blumenthal Heller Reid share the joy of those families who had other and make each other better—two Boxer Hirono Rockefeller Vermonters who love each other and Brown Hoeven their rights vindicated today, including Rubio Cantwell Johnson (SD) make each other better because of that Sanders many legally married couples in my Cardin Kaine home State of Vermont. I have already love—what difference does it make to Carper King Schatz Schumer heard from many and the joy they have us whether they are the same sex or Casey Kirk not? Vermont is better because they Collins Klobuchar Shaheen expressed is so overwhelming. Coons Landrieu Stabenow In August, my wife Marcelle and I make it better. Corker Leahy Tester will celebrate our 51st wedding anni- I agree with him. There is still im- Cowan Udall (CO) Levin versary. Our marriage is so funda- portant work to be done so all families Donnelly Manchin Udall (NM) are protected under our Federal laws. Durbin McCain Warner mental to our lives that it is difficult Feinstein McCaskill Warren for me to imagine how it would feel to Until we fully achieve the motto en- Flake Menendez Whitehouse have the government refuse to ac- graved in Vermont marble above the Franken Merkley Wyden Supreme Court building that declares Gillibrand Mikulski knowledge it. Without her love and support over the past 51 years, there is ‘‘equal justice under the law,’’ I will NAYS—31 continue to fight for the equal treat- nothing I could have ever accomplished Barrasso Enzi Risch ment of all Americans. that would have been noteworthy in Boozman Fischer Roberts Mr. President, I yield the floor. Burr Grassley Scott my life. It has taken the joining to- The PRESIDING OFFICER. The Sen- Chambliss Inhofe Sessions gether of two people who love each ator from Florida. Chiesa Isakson Shelby other. Coats Johanns Mr. RUBIO. Mr. President, over the Thune Today we have thousands of gay and Coburn Johnson (WI) Toomey last few days I have received numerous Cochran McConnell Vitter lesbian individuals and families across e-mails and calls from conservatives Cornyn Moran Wicker the country who have had their rights Crapo Paul and tea party activists from across the Cruz Portman vindicated by the Supreme Court’s de- country regarding immigration. Their cision, including the same rights NOT VOTING—2 opinions really matter to me because Marcelle and I have had for 51 years. they were with me 3 years ago when so Blunt Lee Despite today’s historic ruling, there many people in Washington—and in The PRESIDING OFFICER. On this are still injustices in our Federal laws Florida, for that matter—thought I had vote the yeas are 67, the nays 31. Three- that discriminate against these mar- no chance to win my election. fifths of the Senators duly chosen and ried couples. I will continue to work Let me say these people are patriots. sworn having voted in the affirmative, with Senator FEINSTEIN on legislative They are Americans from all walks of the motion is agreed to. fixes to protect all families. life who are deeply concerned about the The Senator from Vermont. As we continue to fight for equality direction our country is headed, and Mr. LEAHY. Mr. President, we have and against discrimination in our Na- they are increasingly unhappy about been talking about a couple of things, tion’s laws, I am hopeful today’s ruling the immigration reform proposal in the including the schedule. We are moving will address a serious injustice. By just Senate. It is not because they are forward. This vote suggests it is obvi- striking down section 3 of the Defense ‘‘anti-immigrant’’ as some like to say, ous that a very large and bipartisan of Marriage Act, the Supreme Court and it is not because they are closed- majority of the Senate will support an has pronounced that our Federal laws minded. They believe, as do I, that as a immigration bill. I know there have cannot discriminate against individ- sovereign country, we have a right to been proposals for amendments. I am uals based on who they love. I believe secure our borders and we have a right not going to make a proposal at this this should extend to our immigration to have immigration laws to enforce time. I will leave that for the leader. laws as well. them. There have been efforts to get a finite Last month I was forced to make one They are increasingly opposed to this number of amendments from both Re- of the most difficult decisions in my 38 effort because for over three decades publicans and Democrats so we can years as a Senator when I withdrew my and despite many promises to enforce vote. Under normal circumstances, we amendment that would have provided the law, the Federal Government, would probably have voice votes on equality in our immigration laws by under both Republicans and Demo- some of those amendments. I hope we ensuring that all Americans—all Amer- crats, has failed to do so. can do that because I think we would icans—may sponsor their lawful spouse In the end, it is not just immigration be able to complete this immigration for citizenship. It was one of the most reform itself that worries them; it is bill. disappointing moments of my 38 years the government that has failed them so Our staffs have a great deal of work in the Senate, but I took Republicans, many times before. They realize we to do in putting everything together. many who spoke in good faith, at their have a legal immigration system that The staffs on both sides of the aisle word that they would abandon their needs reform. They realize we have have worked long hours. They have own efforts to reform the Nation’s im- over 11 million people currently living been here working even after the rest migration laws if my amendment had in our country illegally and that we of us have left. After this is completed, been adopted. I believed what they have to deal with them. They just sim- maybe they can actually have some said, and I withdrew it. ply believe no matter what law we

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5217 pass, we cannot trust the Federal Gov- I got involved in this issue for one of border security measures we man- ernment to ever actually enforce it. simple reason: I ran for office to try to date in the legislation is the minimum This sentiment was best summed up fix things that are hurting this special that must be implemented. for me in an e-mail I received from country. In the end, that is what this is Some oppose it because they have Sharon Calvert, a prominent tea party about for me—trying to fix a serious heard ‘‘a future Congress can just leader in Tampa, FL. She wrote: problem that faces America. defund all of the security measures’’ as Today, June 2013, we are in a very different The proposal before the Senate is by they have done in the past. But that is political climate than we were after the last no means perfect. As does any proposal just not true. The money is built into election. We are in a political climate of dis- that will come before the Senate, it has the bill. Unlike previous border secu- trust. Distrust of government and elected flaws; but it also has important re- rity laws, it doesn’t leave it dependent representatives is at its highest. forms that conservatives have been on future funding. She goes on to say: trying to get for years. For example, it They also oppose the bill because Do we want to trust this administration to changes our legal immigration system they have heard it creates a taxpayer faithfully enforce a bill to the best interests from a predominantly family-based subsidy for people to buy a car or a of all Americans with a bill that few have system of chain migration to a merit- scooter. That is just not true. Nothing read? based system that focuses on job skills. in this bill allows that. She makes a powerful point. This proposal mandates the most am- Finally, they oppose the bill because After finding out that the IRS inves- bitious border and interior security they have heard that last Friday, a tigates people based on their political measures in our Nation’s history. For brandnew, 1,100-page bill no one has views, all the questions that remain example, it requires and funds the com- read is what is now before the Senate. about Benghazi, and seeing the Justice pletion of 700 miles of real border That is just not true. This is the exact Department target reporters, trust in fence. It adds 20,000 new border agents. same bill that has been publicly avail- the Federal Government is rightfully It details a specific technology plan for able for 10 weeks. The main addition to at an all-time low. each sector of the border. It requires E- it are about 120 pages of border secu- I share this skepticism about this ad- Verify for every employer in America. rity because in order to add 700 miles of ministration and Washington in gen- And it creates a tracking system to fence, 20,000 border agents, and a prohi- eral. In just the 2 years I have been identify people who overstay their bition on things such as foreign stu- here, I have seen the games played and visas. dents or tourists from getting the promises broken and how the These are all things that at a min- ObamaCare, we had to add pages to the American people ultimately suffer the imum must happen before those in the bill. consequences. That is exactly what led country illegally can apply for perma- Now, I understand—I do—why after me to get involved in this issue in the nent status. And the proposal deals reading these false claims people would first place. with those who are here illegally in a be opposed to this bill. I also under- We have a badly broken legal immi- reasonable but responsible way. Right stand why, after we have been burned gration system—not only one that does now, those here illegally are living in by large bills in the past, people are not work; it actually encourages illegal de facto amnesty. This is what I mean suspicious of big reforms of any kind. I immigration. We have a border with by that: They are unregistered, many understand why, after promises made Mexico that, despite billions of dollars pay no taxes, and few will ever have to in the past on immigration have not already spent, is still not secured. pay a price for having violated our been kept, people doubt whether they Every day, people, drugs, and guns are laws. will ever be kept again in the future. trafficked across the border, and we Under this bill they will have to But I also understand what is going have 11 million people living in this come forward. They will have to pass to happen if at some point we do not country illegally in de facto amnesty. background checks. They will have to come up with an agreement we can What I am describing is the way pay a fine. They will have to start pay- support on immigration reform. What things are now. This is the status quo, ing taxes. They will be ineligible for is going to happen is we will still have and it is a terrible mess. It is hurting welfare, for food stamps, and for a broken legal immigration system. We our country terribly, and unless we do ObamaCare. will not have more Border Patrol offi- something about it, this administra- In return, the only thing they get is cers. We will not have enough fencing. tion isn’t going to fix it. a temporary work permit, and they We still will not have mandatory E- Political pundits love to focus on the can’t renew it in 6 years unless they Verify. And we will still have 11 mil- politics of all this, but for me this isn’t can prove they have been holding a job lion people living here illegally. about catering to any group for polit- and paying their taxes. For at least 10 That is why I am involved, because ical gain. Predictably, despite all the years, that is all they can have. After despite all of the problems we have work we have done on immigration re- all that, they cannot even apply for with government, the only way to form, some so-called ‘‘pro-immigrant’’ permanent status until the fence is mandate a fence, E-Verify, and more groups continue to protest me daily. built, the Border Patrol agents are agents is to pass a law that does so. This isn’t about winning points from hired, and the border security tech- I knew getting these requirements the establishment or the mainstream nology, E-Verify, and the tracking sys- into the bill would not be easy. This media either, by the way. No matter tem are fully in place. administration insisted the border is how consistent I have been in focusing Yet despite all of these measures, op- already secure, and they fought every on the border security aspects of re- position from many conservatives has effort to improve the border security form, whenever I have spoken about it grown significantly in the last few parts of this bill. The administration the beltway media has accused me of weeks. Why? Well, because they have wants the fastest and easiest path to trying to undermine or walk away heard the Secretary of Homeland Secu- citizenship possible, and they fought from this reform. rity can just ignore the border require- every condition and every trigger in This isn’t about becoming a Wash- ment. But this is not true. The Depart- this bill. ington dealmaker. Truthfully, it would ment does have the discretion on where I got involved because I knew if con- have been a lot easier to just sit back, to build the fence but not on the servatives didn’t get involved in shap- vote against any proposal, and give amount of fencing it must build. At the ing this proposal, it would not have speeches about how I would have done end of the day, it is simple: 700 miles of any of the border security reforms our it differently. pedestrian fencing must be built. Nation desperately needs. Finally, this certainly isn’t about They have also heard the Secretary Getting to this point has been very gaining support for future office. Many of Homeland Security can just waive difficult. To hear the worry and the conservative commentators and lead- the radar and the drones and the anxiety and the growing anger in the ers—people whom I deeply respect and ground sensors and the other tech- voices of so many people who helped with whom I agree on virtually every nology required in the bill. But that is me get elected to the Senate, whom I other issue—are disappointed about my just not true. The Secretary can al- agree with on virtually every other involvement in this debate. ways add more to the plan, but the list issue, has been a real trial for me. I

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5218 CONGRESSIONAL RECORD — SENATE June 26, 2013 know they love America, and they are piece of legislation that I think could I think verify, because of this trust deeply worried about the direction this have been accomplished on this Senate deficit, has to come first before people administration is trying to take our floor. are ready to trust. They simply do not country. I wish I could stand with him in believe that the promises made will When I was a candidate, I told people terms of final support because I, too, work, that they will be fulfilled. I wanted to come here and fight. I want believe our current system is broken, When the underlying bill basically to fight to protect what is good for that it needs to be addressed. The sta- says the Secretary of Homeland Secu- America and fight to stop what is bad tus quo is not an option. We will con- rity will state that the Department has for America. I believe what we have tinue down the same road, and only to a strategy to address the border secu- now regarding immigration is hurting a greater degree than where we find rity problem, that does not play very our country badly, and I simply wasn’t ourselves today. well with people who have seen strate- going to just leave it to Democrats I am deeply concerned. For me, the gies promised before. They want to see alone to figure out how to fix it. most difficult of things to work results. The real issue here has been— I guess perhaps at the heart of my through—it finally came down to the at least for me, and I think for many of support of this proposal is that I know fact that, as Senator RUBIO has talked my colleagues—whether we are able to firsthand that while immigrants have about, there is a great level of distrust prove to the American people they are always impacted America, America in this country today toward whatever going to get their results before we changes immigrants even more. Just a comes out of Washington and start moving people through a legaliza- generation ago my parents lived in whomever’s mouth it comes out of. tion process which we know we are poverty in another country. America I think some of this is due to certain never going to be able to pull back. changed them. It gave them a chance events that have happened in the last There were some amendments offered to improve their lives. It gave them the several months. Benghazi is still not by my colleagues which I supported be- opportunity to open doors for me that settled. The American people still are cause essentially they said we want to were closed to them. And the longer not satisfied with what has been said look at results first before we begin the they lived here, the older their kids about what happened in Benghazi and process—from which we are never got, the more conservative they be- what our response should have been. going to be able to pull back—of grant- There have been changing narratives. came, the more convinced they became ing legal status for illegal immigrants That feeds into the distrust. that limited government and free en- in this country. Certainly, there are the scandals— So it is that cart before the horse terprise and our constitutional lib- the IRS scandal and others continue to that, for me at least, and I think for erties made this Nation special. feed this distrust. It is a very dan- I am a firsthand witness to the trans- many, is the reason why we cannot gerous thing for a democracy when formative power of our country, how it support this bill as it is currently writ- people have lost trust in their elected does not just change people’s pocket- ten. Representatives, in their government. I hope the House will come forward books, it changes their hearts and their It is a very dangerous thing for the fu- with something more credible, perhaps minds. Despite all the challenges and ture. We need to restore that. despite our broken government, I still To me, that element that now exists more sequential, that addresses this believe this is that kind of country. means when we take up legislation as very fundamental flaw in this bill to I realize in the end many of my fel- comprehensive as this bill is, as sweep- prove to the American people that we low conservatives will not be able to ing as this bill is, we need to ensure the will fulfill the promises we are making support this reform. But I hope you American people understand it and in this legislation before we start a will understand that I honestly believe that they have trust in us that what we process of granting legal status to it is the right thing to do for this coun- promise we will do in this bill will be illegals. We need to ensure we will not try—to finally have an immigration fulfilled. get years down the road only to find we system that works, to finally have a All this, from my perspective, has to have not succeeded in fulfilling those fence, to finally have more agents and be measured against the 1986 Immigra- promises, and have created yet another E-Verify, and to finally put an end to tion Reform Act, which I voted for and amnesty situation. de facto amnesty. supported. Ronald Reagan was Presi- I am the son of an immigrant. My In my heart and in my mind, I know dent at the time. We had a divided Con- mother came here with her family. It we must solve this problem once and gress—Republicans and Democrats. has been the narrative in our family for all or it will only get worse and it This Senate was under one party and that legal immigration is what has will only get harder to solve. the House was under another. So the made America the country that it is. To my fellow conservatives, I will situation was somewhat similar to So I do not fear immigration. The di- continue to fight alongside you for real today. But with President Reagan’s versity has been good for our country. tax reform, for lowering our debt, for leadership, and with the promises that I served as Ambassador to Germany for balancing our budget, for reducing reg- were made, the 3 million people who 4 years, and I cannot tell you how ulations, for rolling back job-killing were here illegally at that time were many Germans and Europeans from environmental policies, and for repeal- granted an opportunity to get on a other countries came up to me and ba- ing the disaster of ObamaCare. To my path to citizenship—and it was com- sically said: Someday I hope to get in fellow conservatives, I will continue to bined with the fact that we promised in the lottery, that my name will be fight alongside you for the sanctity of that bill, verbally and in language, pulled. I have been in line for 15 years; life and for traditional marriage. But I that we would secure the border so we I have been in line for 20 years waiting will also continue to work in the hopes would not have to deal with this again. to come to your country through a of one day uniting behind a common Well, here we are in 2013 dealing with it legal immigration process. conservative strategy on how to fix our again, but there are not 3 million ille- It is pretty hard, when you are the broken immigration system once and gal immigrants; there are now 11 mil- son of an immigrant—you know your for all. lion illegal immigrants. family came here the right way—to I yield the floor. It is having an enormous impact on know there are millions of people in The PRESIDING OFFICER. The Sen- our country, and it is an issue which this world who would love to come to ator from Indiana. we have to address. But I think we America and become responsible citi- Mr. COATS. Mr. President, I want to have to do it in a way that acknowl- zens, and yet to see them look at peo- say how much I respect the Senator edges that the promises made then ple flooding across the borders and from Florida. I respect his viewpoint. I were not fulfilled. When added today to being granted that privilege which respect the amount of effort he has put the broken promises and the growing they have not yet been able to attain. into this issue, which is a very difficult level of distrust than any of us could So I trust that we will be able to go and a very complex issue. He speaks possibly imagine, that has to be ad- forward. I hope the House will come from the heart. I have never questioned dressed. The way, in my opinion, to ad- forward with something that is more his motives, and he has worked very dress that is—to borrow from Ronald credible than what the Senate is poised hard to put together the very best Reagan trust, but verify. to pass. I voted earlier for a procedural

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5219 motion to allow debate on this issue But before I do that, I would like to Minnesota has the unfortunate dis- because I think we need to have this take a moment to comment on the his- tinction of being the State with the debate. I was hoping that we could ad- toric decision this morning by the Su- third highest average debt for students dress this fundamental issue through preme Court. graduating from college, at over $30,000 the amendment process. The employee I have been married to my wife a student. Whether those student verification has been strengthened, the Franni for 37 years. It is the best thing Americans are attending community border security has been strengthened, that ever happened to me, and I have college or 4-year public or private col- the exit visa problem has been long believed that every loving couple leges, it is increasingly difficult for strengthened, assuming the promises should be seen as equal under the eyes them and their families to afford high- come true, but they have only been of the law. So I have been fighting for er education. strengthened on a piece of paper. We years, along with others, to overturn Part of what has happened is that need to see it strengthened for real on the so-called Defense of Marriage Act. I State support for higher education has the border, at the employment offices, am very happy today that the Court gone down in recent years, shifting and at the exit visa offices on the por- did so in part this morning. more of the burden onto students and tals for people coming in and out of Today all Minnesota couples will be their families. According to the latest this country. That is yet to be seen. treated equally under Federal law, and report from the State Higher Edu- That is yet to be demonstrated. this will make a real difference for cation Executive Officers, public col- So without that fundamental ap- those families. leges experienced a 9-percent decrease proach of demonstrating results first in We still have work to do. I think in State funding per student from 2011 order to restore that trust, which is so Americans should have the freedom to to 2012, including in Minnesota. lacking with the American people—yet marry the person of their choosing re- Minnesota public colleges saw a 27- justified, on the failures of Congress gardless of the State in which they percent decrease in State funding per and the failures of this administration, live. So we still have work to do, but student from 2007 to 2012. Meanwhile, in particular, or any administration to today is a happy day. and partially because of this, the Uni- deliver what they said they would STUDENT LOAN INTEREST RATES versity of Minnesota saw an increase of and—to fulfill their promises—that is OK. Back to college affordability and 65 percent in its average tuition and why I will not be supporting the bill. student loan interest rates. fees in constant dollars from 2002 to I do hope, given the problems we The interest rate on the Stafford sub- 2012. Our other public 4-year univer- have with the status quo—as I think sidized loan is set to double on July 1. sities saw a 47-percent increase in aver- was clearly outlined by my colleague Along with a number of my colleagues, age tuition and fees. Our public 2-year from Florida—we need to keep at this. I am fighting to prevent that from hap- colleges saw a 39-percent increase in We need to find the solution to the pening and to reach an agreement to tuition and fees over the same time pe- problem because America cannot con- protect students and make college riod. tinue to be the country that it is and more affordable for them and for their After more than a decade of higher be the country that we want it to be if families. education spending cuts and tuition in- we do not address this wound and this Not long ago I had a group of student creases in Minnesota, things have flaw in the current immigration sys- leaders from MnSCU—the Minnesota started to turn around this year. The tem. State Colleges and Universities—come State legislature passed a bill that in- We need the ability to attract and to my office in DC to discuss college af- creased funding for higher education in maintain people with skills for many of fordability. Minnesota by $250 million, including a our businesses. Some of our most im- Now, remember, these are members tuition freeze at the University of Min- portant industries—pharmaceutical, of the student government of many of nesota and Minnesota’s other public software, and others—important to our Minnesota’s public colleges and univer- colleges and universities for 2 years. national defense and national security sities. They are the student leaders. That is very good news. While this is a need those employees coming here the There were about 20. great victory for Minnesota’s students I asked them: How many of you work legal way through visas. We also need and families, it certainly will not solve while you are going to school, while our agriculture industries and others the college affordability problem in you are in college? to have access to workers. I have a lot Minnesota. Every one of them put up their hand. As college has gotten more expen- of processing plants in my State and I said: OK. How many of you work at sive, our Federal student aid system agricultural sources in my State that least 20 hours a week? has not kept up. In 1975, Pell grants— cannot find enough American workers Most of them. to fill the positions they have offered. How many of you work 30 hours a long the cornerstone of our Federal fi- That ought to be addressed. I want to week while you are going to school? nancial aid system—a full Pell grant address that. More than I expected. covered almost 80 percent of the cost of So I am not simply someone standing Then I asked them: How many of you attending a public 4-year college, but up and saying we do not have to fix the work full time, work 40 hours a week now it pays for approximately 33 per- problem. We do have to fix the prob- while you are going to college? cent of the cost of a year at a public 4- lem. I respect the efforts that have A number of them raised their hand. year college. been made in a bipartisan way to try to Mind you, these are the student lead- As students have turned to student do that. I just think this bill has one ers of these schools. So they also spend loans, more of them are ending up tens major fatal flaw; that is, promises are their time in student government. of thousands in debt. In Minnesota I not demonstrated, are not fulfilled, be- Working in college is not necessarily a have held several college-affordability fore the process starts. For that rea- bad thing. Some work can help stu- roundtables and heard from a number son, I cannot support the bill in its dents better manage their time, be- of extraordinary students. One of them final form. come more productive, and help pay for is Taylor Williams, who was a senior at I yield the floor. college. I worked during college. It was the University of Minnesota in the The PRESIDING OFFICER (Ms. like 5 hours a week in our dorm kitch- spring. He grew up in a low-income BALDWIN). The Senator from Min- en. family. Taylor was afraid of taking the nesota. Evidence shows that when a student advanced placement courses because he Mr. FRANKEN. Madam President, I starts to work more than 15 hours a did not think he could afford the tests. ask unanimous consent to speak as in week, it becomes harder for the stu- The tests cost too much money. Fortu- morning business. dent to maintain good grades at school nately, Taylor had a guidance coun- The PRESIDING OFFICER. Without and to graduate from school on time. selor who found funding to help him objection, it is so ordered. Students are working more because pay for the tests, and his success in SUPREME COURT RULING college is becoming less and less afford- those AP tests helped him start college Mr. FRANKEN. Madam President, I able. They are still taking out more with 1 year’s worth of credit. Taylor, rise today to talk about college afford- and more student loans and graduating when I talked to him, was also working ability and student loan interest rates. with more and more debt. 30 to 40 hours a week and receiving

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5220 CONGRESSIONAL RECORD — SENATE June 26, 2013 community scholarships. Yet, in spite dent loan interest rate double. We and to my constituents, since I have of all of this, he is graduating with stu- should prevent that from happening. been pointing out flaws, what it would dent debt. Ultimately, we need a long-term fix so take for me to vote for an immigration Because of stories like Taylor’s, I re- that interest rates do not become more bill because I am just like most every- cently introduced the Accelerated unaffordable for students and their body and maybe everybody in the Sen- Learning Act, a bill to reauthorize an families. We also need to make sure ate who will tell you that the status existing Federal program that provides that whatever action we take does not quo is not legitimate to maintain and funding to low-income students to help make the problem worse. that we have to reform the system. pay for AP and IB—International Bac- Several of my colleagues have pro- So there are, I would like to say, 100 calaureate—exams. This is a Federal posed short-term fixes to this interest Senators who believe the immigration program that has been around for over rate problem. I am proud to support ef- system needs to be fixed. I can guar- a decade and has helped students lower forts by Senators JACK REED and TOM antee that there are also 100 different the cost of college. I am pleased that HARKIN to freeze the interest rate at 3.5 ways to fix it. Nobody has a perfect so- this legislation was included in the percent while Congress works out a lution, but I bring an experience to the larger bill to reauthorize the Elemen- longer term solution. I am also a proud table that very few others have. tary and Secondary Education Act that cosponsor of Senator WARREN’s legisla- My deep-rooted concern with this bill we passed out of the HELP Committee tion to tie the student loan interest stems from my strong belief that we earlier this month. rate to the rate at which the Federal made a mistake in 1986. We allowed le- Taylor and countless other students Reserve lends money to banks. At a galization and ignored the laws on the at schools across Minnesota dem- time when the Fed is lending money at books. Another major shortcoming was onstrate tremendous perseverance and an interest rate of .75 percent to banks, that we allowed legalization without grit in getting a college education and it makes no sense for students to bor- creating adequate avenues for people to cobbling together the resources to pay row money from the government at a enter, live, and work in this country le- for it. They are working incredibly rate of 6.8 percent a year or even high- gally. In other words, if we had a sys- hard, and they are still taking on sig- er. Senator WARREN has been an impor- tem that works, where we had a short- nificant amounts of debt—debt that tant voice in this debate in the Senate, age of workers, if they could legally will stay with them for a good portion making the student loan interest rate come to the country, we would not of their lives. the focus of her first piece of legisla- have the problems we have today. We Paying for college should not have to tion. did not do that in 1986. be that hard. In many other countries We need to get this done. Democratic These were crucial flaws that have it is not. In fact, in many other coun- leaders have been negotiating in good led us to the debate we have been hav- tries, students can go to college for faith on this issue. If we need to pass a ing the last 3 weeks, and I am not will- free—for free—or pay extremely low short-term extension of the current in- ing to pass that mistake on to future tuition. According to the Organization terest rate to give negotiators more Congresses. for Economic Cooperation and Develop- time to produce a solution that works What will it take for somebody such ment, OECD, countries where students for students and their families, well as I, a Senator who voted for amnesty pay zero tuition for their postsec- then that is what we should do. in 1986 and wasn’t a part of the Group ondary education include the Czech Re- Fixing the student loan interest rate of 8 or Group of 10, to vote for immi- public, Denmark, Finland, Ireland, Ice- is far from the only issue we have to gration reform this year? This is what land, Mexico, Norway, and Sweden. tackle to make college more affordable I need to see in an immigration bill in Other countries, such as France, Aus- for students. I just reintroduced my bi- order to support it and send it to the tria, Switzerland, and Belgium have partisan Understanding the True Cost President. postsecondary systems where students of College Act to standardize financial When I mentioned four different have to pay tuition of less than $1,500 aid award letters among universities so points, it doesn’t mean that takes care per year. students can have clear and consistent of everything, but if these things were Because of this it is not a surprise information about the cost of their taken care of, regardless of the other that many of these countries are also education. Students and their families things, I would feel I would have to surpassing the United States in higher and high school counselors need to support it. They are: education attainment. Not very long have uniform financial aid letters so ago the United States ranked first in they can make real comparisons about No. 1, legalization after border secu- the world in the percentage of 25- to 34- all the costs before deciding where the rity; No. 2, meaningful interior en- year-olds with a higher education. Ac- student should go to college. That is forcement, including allowing ICE to cording to the latest data from the what my bill makes possible. do its job and work with State and OECD, the United States is now 14th in I also stand ready to work with my local people; No. 3, strengthening, not that category. This is a trend we need colleagues to protect the Pell Grant weakening, current law with regard to to reverse if the United States is going Program and to support other pro- criminals; and, No. 4, protecting Amer- to remain globally competitive. In an grams that make college more afford- ican workers while enhancing legal ideal world the United States would able for students, such as the TRIO and avenues. provide free or extremely low cost Work-Study Programs. I will explain them at this point, postsecondary education to its citizens, We have a lot to do and a long way to starting with legalization after border as so many other nations do. Unfortu- go to make college more affordable for security. Most Americans contend that nately, that is not going to happen our students. Doing that will help more a legalization program is a compas- anytime soon. So we need to take Americans find jobs to support their sionate way to help those who are un- smaller but important steps to help our families, help more employers find lawfully in the country. However, students pay for college. qualified workers for their businesses, those compassionate people who sup- The interest rate on subsidized Staf- and help our economy prosper. This is port such a program of legalization do ford loans is going to double from 3.4 one of the most critical issues we face so only on the promise that the govern- percent to 6.8 percent on July 1 unless as a Congress. Addressing the student ment will secure the border and stop Congress takes action to prevent that loan interest rate is a solid first step the flow of illegal immigration. from happening. This interest rate— we can take toward tackling this issue. We are a nation based upon the rule this is an increase that would affect al- I yield the floor. of law. We have a right to protect our most 200,000 students in Minnesota, The PRESIDING OFFICER. The Sen- sovereignty, and, of course, a duty to who would end up paying about $1,000 ator from Iowa. protect our homeland. Any border se- more for each student loan they take Mr. GRASSLEY. In the last 3 weeks, curity measures we pass must be real out over the life of that loan. That is I have pointed out several flaws in the and immediate. We can’t wait 10 years above what they are already paying. immigration bill. Within a couple of to put more agents on the border or to At a time of record-low interest days, we will have a bill through the implement a tracking system to track rates, it makes no sense to let the stu- Senate. I think I owe to my colleagues foreign nationals. We have to prove to

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5221 the American people that illegal en- public interest is the failure of the Fed- granted legalization but rather made tries are under complete control and eral Government to enforce existing deportable and inadmissible. that visa overstays are to be punished. laws. Eleven million people have un- We need to protect victims of crime Unfortunately, too many people have lawfully entered the country or over- and ensure that child abusers and do- been led to believe this bill before us stayed their visas because the Federal mestic violence perpetrators do not re- will force the Secretary of Homeland Government did not deter them or take ceive benefits under the immigration Security to secure the border. It action to remove them. law. Finally, we need to ensure that doesn’t. This bill before us significantly dangerous, undocumented criminals A fundamental component of any leg- weakens current criminal law and will are not released in our country but are islation is border security first and hinder the ability of law enforcement detained until they are properly re- foremost, not legalization now and en- to protect Americans from criminal turned to their home country. forcement later, if ever. undocumented aliens. Fourth and last, we need to protect There has to be pressure on the exec- The bill weakens current law regard- American workers while enhancing utive branch to get the job done. We ing passport fraud, only charging those legal avenues. must tie legalization to results. Only who make or distribute illegal pass- While I support allowing businesses then will advocates and a future ad- ports three or more times. It allows a to bring in foreign workers, they ministration truly try to secure the person to knowingly purchase mate- should only do so when qualified Amer- border. rials for making illegal passports but icans are not available. There have Secondly, meaningful interior en- only charge the person with a crime if been too many stories about U.S. work- forcement, including ICE being allowed 10 or more passports are made. ers who have had to train their replace- to do its job and work with State and It also weakens current law for those ments who come in through the H–1B locals. Enforcement of the immigra- who illegally enter the country, chang- visa program. Foreign nationals are tion laws has been lax and increasingly ing existing laws by removing the being hired but then working in loca- selective in the last few years. As a re- crime of illegally attempting to enter tions not specified in their application. sult, States have been forced to deal the United States. This essentially Other work visa programs are not free with the criminal activity that sur- incentivizes foreign citizens to attempt of controversy. rounds the flow of people here who are to illegally enter the country as many I agree with the creation of a tem- undocumented. times as they wish. porary worker program, such as the W They have stepped up efforts to con- Further, once they successfully enter visa program created in this bill. I have trol the effects of illegal immigration the United States illegally, the alien long argued we must enhance and ex- in some States, and the States should would only be subject to criminal pun- pand opportunities for people who wish be able to protect their people and ishment if they are removed from the to work legally in this country. Yet as stem the lawlessness within their bor- country three or more times. Why isn’t we do that, we cannot forget the Amer- der. Yet time and again this adminis- once enough? ican worker. We need to fight for them tration has denied States the oppor- Taken together, the bill weakens cur- and ensure that they are not disadvan- tunity and tried to stop them from en- rent law and will make it easier for un- taged, displaced, and underpaid be- forcing immigration laws. documented aliens to enter the country cause of our generation laws. Federal immigration enforcement of- illegally by not criminalizing their at- The bill before the Senate makes ficers have also been handicapped from tempts to enter, nor their actual ille- that move in the right direction by in- doing their job. The bill would prac- gal entry, unless they had been pre- creasing worker protection for Ameri- tically render these officers useless viously removed three or more times. cans and by providing more authority since they are required to verify a per- This is a drastic change that will en- to the executive branch to investigate son’s eligibility for legalization before courage future entries by undocu- fraud in the H–1B visa program. Unfor- apprehending and detaining. They need mented people. tunately, the bill is slanted to ensure to be provided the resources to fulfill Given the serious nature of criminal that only certain employers undergo their mission and not be told by Wash- street gangs, we need to pass an immi- more scrutiny. All employers who ington to sit idly by. gration bill that prevents entry into bring in visa holders should be held to The unfortunate reality is that the the country if one is a gang member. the same standard. All employers, not bill does almost nothing to strengthen More important, we need to ensure just some, should be required to make and enhance our interior enforcement that gang members are not being re- a good-faith effort to recruit U.S. efforts. The bill does nothing to en- warded with legal status. Regrettably, workers. All employers, not just some, courage Federal, State, and local law the bill is weak on foreign national should be required to attest that they enforcement efforts to apprehend and criminal street gang members in sev- did not or will not displace a U.S. detain individuals who pose a risk to eral regards. In addition to weakening worker within 180 days of applying for our community. The Federal Govern- current law, the bill does very little to an H–1B worker. All employers, not ment will continue to look the other deter criminal behavior in the future. just some, should be required to offer way as millions of new people enter the The bill ignores sanctuary cities, al- the job to a U.S. worker who is equally country undocumented. lowing criminals to seek safe harbor in or better qualified. Meanwhile, the bill gives the States jurisdictions where they have policies Our employment-based immigration no new authority to act when the Fed- aimed to protect people in the country program, including the H–1B program, eral Government refuses. I will be the illegally. has served and could again serve a val- first to say that border security is a It increases the threshold required uable purpose if used properly. How- must, but people who enter illegally for actions to constitute a crime. It ever, they are being misused and and overstay their visas and are resid- punishes persons only if they have al- abused. They are failing the American ing in the interior of the country, this ready been convicted of three or more worker and not fulfilling the original cannot be ignored. This is something misdemeanors on different days, and it purpose that Congress intended when it that if it is fixed, I would feel very only punishes undocumented aliens was created. comfortable voting for an immigration who are removed from the country Reforms are needed to put integrity bill. three or more times. back into the program and to ensure Strengthening, not weakening, cur- I am committed to making sure any that American workers and students rent law with regard to criminals. It is bill that is sent to the President makes are given every chance to fill vacant not going to go over well back home if a more serious effort to penalize those jobs in this country. we say one can have criminal activity, who attempt to enter or reenter the Again, how I vote on the final bill even be deported from the country, and United States. It needs to be tough on coming out of conference with the make application again to have the lawbreakers and send a signal that House is undecided. I want to be able to benefits of this legislation. fraud and abuse, including identity support something that will make One of the major reasons why immi- theft, will not be tolerated. It needs to Americans proud, that will not make gration is a subject of such significant ensure that gang members are not the same mistakes we did in 1986, and

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5222 CONGRESSIONAL RECORD — SENATE June 26, 2013 will stand the test of time so future That is a very dangerous trend, and the called preconference framework; put- generations can benefit. I need to see article said it is evidence of a slowing ting preconditions on what can be dis- at least these four key changes before growth in America. cussed in a bipartisan conference; I can cast a vote in support. The fourth quarter of last year GDP claiming that moving to a budget con- I have said to Iowans and to my col- growth was only .4 percent. If contin- ference—which leading Republicans did leagues that the bill before the Senate ued throughout the year, that is a very call for just a few months ago—was is precooked, but I have faith that a troubling number. The data shows for somehow not regular order; to, most better bill is achievable, a bill that can the last 15 quarters, almost 4 years, we recently, claiming we need to look at a gain more votes, including mine. This have averaged only about 2 percent 30-year budget window before looking body, the Senate, is described as the growth in our economy—growth in at the major problems we have right most deliberative parliamentary body GDP. now in front of us—which, I add, is un- in the world—and I believe it is—but I would say to my colleagues, as we acceptable, because the American peo- when we had 451 amendments offered to vote to bring in more and more work- ple rightly expect us to work on both this bill, we were promised free and ers at a time when jobs are not being at the same time. open debate. We have only dealt with created in any significant number, we Hearing these changing excuses week about a dozen of them, and we can’t need to be aware that this can cause after week has been frustrating not say we had a fair and open debate as we severe consequences. just for Democrats but for many of my were promised. The Atlanta Federal Reserve Eco- Republican colleagues as well. It surely did not meet the standard nomic Study, done several years ago, A large group of us—Republicans and that was set by Chairman LEAHY when found the immigration flow today in Democrats—think that although we do he promised in committee a free and the Atlanta area of the Federal Re- have major differences between the open debate. There was free and open serve had reduced the wages of Amer- parties’ values and priorities, we debate and no limit on amendments. ican workers in that region by as much should at least come to the table and We stuck with it until we got done. as $1,500 a year. That is $120 per month try to work out a bipartisan deal. That We could have just as well stuck with less money for an average family to is what American people do every day. this bill until we got it done and we take care of themselves. And when there is a disagreement, they could have had votes on more amend- Unemployment and declining wages can’t afford to play a game of chicken ments. are a big reason that people are getting and hope the other person gives in, be- Now we are going to pass a bill that in trouble on their credit cards. Pro- cause when that happens, important is not the best for the country and fessor Borhaas and others have done work cannot get done. Kids don’t get doesn’t accomplish even what the au- studies on this. picked up from school, bills don’t get thors of the legislation hoped to ac- Another study found a $960 decline in paid, small businesses miss a major op- complish, particularly when they say people’s annual wages, which is about portunity for expansion. Every day reg- secure the border first and then legal- $80 a month. Eighty dollars a month ular Americans avoid those kinds of ize. We have to rely upon a body that is may not sound like a lot for a Senator, situations, and we here in the Senate not considered a deliberative body, the but it sounds like a lot for a working should at least try to do the same. House of Representatives, to correct American—maybe equal to their gas There are extremely important these mistakes that are made in this bill, or part of it. things that are not getting done in the bill. I think they will, I hope they will, I would say that as we consider our Senate right now because some Repub- and then I hope I can vote for the prod- votes on the immigration bill, let’s licans want to embrace the harmful uct that will go to the President of the consider that this economy is not top-line spending level in sequestration United States. growing and is not creating large job which has a major gap between the I yield the floor. growth. We have projections that we House and Senate appropriations levels The PRESIDING OFFICER. The Sen- are not going to do so for the next dec- for the next fiscal year. We don’t have ator from Rhode Island. ade. And I am not talking about people much time left to resolve that gap. Mr. WHITEHOUSE. Madam Presi- who will be legalized that are here, but After we come back from next week’s dent, I ask unanimous consent to speak we ought not overload the economy State work period, we will have 1 for 10 or 12 minutes as in morning busi- with a new flow that is much larger month to try to come to an agreement ness and then have the Senator from than the current flow of immigration or else we are going to find ourselves in Massachusetts, Ms. WARREN, be recog- legally. a very tough situation in September. nized at the conclusion of my remarks. I see my colleagues are here, and I We could, once again, be working The PRESIDING OFFICER. Without yield the floor. against the clock to avoid a harmful objection, it is so ordered. The PRESIDING OFFICER. The Sen- crisis. The last thing the American (The remarks of Mr. WHITEHOUSE and ator from Washington. people—who come together and resolve Ms. WARREN pertaining to the intro- Mrs. MURRAY. Mr. President, I ask differences every day—want to see is duction of S. 1229 are located in To- unanimous consent to speak as if in another round of manufactured crises day’s RECORD under ‘‘Statements on In- morning business to offer a unanimous coming out of Washington, DC, and troduced Bills and Joint Resolutions.’’) consent. they do not have to. We still have time. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without I know there are leaders on both HEINRICH). The Senator from Alabama. objection, it is so ordered. sides of the aisle who would strongly Mr. SESSIONS. Mr. President, we UNANIMOUS CONSENT REQUEST—H. CON. RES. 25 prefer to solve problems rather than to just saw on the news today that the Mrs. MURRAY. Mr. President, it has get into yet another political fight GDP for the first quarter, according to now been 95 days since the Senate that creates uncertainty for our fami- the Wall Street Journal, was revised passed a budget, and I have come to the lies, our businesses, our country, and downward dramatically from previous floor myself now 6 times to ask unani- our economy. I am confident that if estimates. I am not saying there is mous consent to move to conference. those of us who prefer commonsense bi- anything wrong with their accounting, My Democratic colleagues have asked partisanship over artificial crisis work but they go back and doublecheck their unanimous consent to move to con- together, we can reach a fair agree- numbers and add other analyses and ference another eight times. After ment and show the American people they come up with what the growth of every request, a Senate Republican has our government does work. the economy was in the first quarter. stood up and said no—no to the oppor- I urge Senate Republican leaders to The previously announced growth level tunity to work on a bipartisan budget drop the tea party-backed strategy of was 2.4 percent for the first quarter, deal. delaying until the next crisis, and which is low. Coming out of a reces- I want to say to the Republicans who allow the Senate to join the House in a sion, we need to be doing better than are blocking a bipartisan budget con- formal bipartisan budget negotiation. that. But now that it was revised down- ference: Enough is enough. We have Therefore, I ask unanimous consent ward, they found there was only 1.8 heard so many excuses—refusing to that the Senate proceed to consider- percent growth in the first quarter. allow conference before we get to a so- ation of Calendar No. 33, H. Con. Res.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5223 25; that the amendment which is at the How do we know that is what this is struct conferees, which is what occurs desk, the text of S. Con. Res. 8, the about? We know that is what this is in the Senate if we want to put any budget resolution passed by the Sen- about because my friend the Senator precondition onto a budget. ate, be inserted in lieu thereof; that H. from Washington could go to con- I reject his unanimous consent, and I Con. Res. 25, as amended, be agreed to; ference on the budget right now. This ask again my unanimous consent re- the motion to reconsider be made and instant we could go to conference on quest. laid upon the table; that the Senate in- the budget—right now—except, when I Mr. CRUZ. Would the Senator yield sist on its amendment, request a con- ask—as I am going to in a moment—for for a question? ference with the House on the dis- unanimous consent not to use it as a The PRESIDING OFFICER. Does the agreeing votes of the two Houses, and procedural back door to raise the debt Senator from Washington object to the the Chair be authorized to appoint con- ceiling, my friend the Senator from request as modified? ferees on the part of the Senate; that Washington is going to object. And I Mrs. MURRAY. The Senator from following the authorization, two mo- know this because we have done this Washington objects to the request as tions to instruct conferees will be in kabuki dance more than once and we modified, and again reasks my original order from each side—motion to in- continue doing it back and forth. But unanimous consent request. struct relative to the debt limit, and it makes clear that is what this fight is The PRESIDING OFFICER. Is there motion to instruct relative to taxes all about. objection? and revenue; that there be 2 hours of Of course the Senate budget didn’t Mr. CRUZ. Reserving the right to ob- debate equally divided between the two address the debt ceiling; the House ject, I would note the comment from leaders or their designees prior to votes budget didn’t address the debt ceiling; my friend from Washington suggesting in relation to the motions; and further, we didn’t have a debate on the floor of a motion to instruct the conferees. that no amendments be in order to ei- this Senate about the debt ceiling; we What she of course knows is that is a ther of the motions prior to the votes; didn’t have a vote on the floor of the typical Washington maneuver, because all of the above occurring with no in- Senate about the debt ceiling; and yet the motion to instruct is nonbinding tervening action or debate. the reason the majority is so adamant and it is subject to 50 votes. So if we The PRESIDING OFFICER. Is there that they want to go to conference is had a motion to instruct the conferees objection to the request? because it presents them with an ave- not to raise the debt ceiling, every Mr. CRUZ. Mr. President, reserving nue to use 50 votes—the votes of only Democrat in this body would vote the right to object. the Democrats in this body—to raise against it. It would be defeated. And The PRESIDING OFFICER. The Sen- the debt ceiling to dig us further in even if it were passed, it would be non- ator from Texas. binding on the conferees. Mr. CRUZ. The issue before this body debt and to do nothing—nothing—to fix the problem. No one should be confused. What the is not complicated. There are a lot of Democrats want is to raise the debt procedural ambiguities that make it I would suggest that is irresponsible. ceiling. And they want to do it using 50 difficult to penetrate, and yet it is one That is not what Americans want. That votes, ignoring the views of the minor- very simple issue. The issue before this is not what Democrats, Republicans, or ity, and doing nothing to fix the prob- body is whether the Senate can raise Independents outside of the Wash- lem. the debt limit of the United States ington beltway want. We fundamentally know it is wrong Accordingly, I object. with simply using a 50-vote threshold Mrs. MURRAY. I make my unani- or whether it should go through the to stick our kids and grandkids with mous consent request. regular order before raising any debt $17 trillion in debt. It is even more wrong to keep on doing it and making The PRESIDING OFFICER. Is there limit, subject to a 60-vote threshold. objection to the original request? What is the difference? The dif- it worse and worse and not rolling up Objection is heard. ference is simple: If the debt limit can our sleeves to fix it. The Senator from Colorado. be raised using 50 votes, then the ma- One of the great frustrations of this Mr. BENNET. Mr. President, I was jority party—the Democrats—do not body is that for some time now the here to talk about immigration, and need to speak to the Republicans, do American people have been unequivo- that is what I will talk about. But I not need to sit down at the table and cal: Their top priority is jobs and the have been caught in a crossfire on this work with the Republicans, do not need economy, and is turning around what is subject, and I want to say my view is to listen to any opposing views. going on. Yet this body doesn’t talk Indeed, the President of the United about that. It doesn’t talk about gener- this is exactly what people hate about States has been very candid. He has ating jobs, getting the economy grow- Washington, DC. It is exactly why we been unequivocal. President Obama has ing, and stopping our out-of-control have a 10-percent approval rating. said he believes we should raise the debt. Instead, we debate every other For 4 years I went to townhall meet- debt limit, with no preconditions, with priority under the Sun—whether it is ings and was asked over and over and no negotiations, with no changes what- restricting Second Amendment rights over: Why don’t the Democrats in the soever. to keep and bear arms or whether it is Senate pass a budget? Which I think is If you think it is OK that in 41⁄2 years a national energy tax through the a very legitimate question. We got a our Nation’s debt has gone from $10 President’s climate change proposal. new Chair of the Budget Committee trillion to nearly $17 trillion, if you Mrs. MURRAY. Mr. President, I am and we passed a budget after 4 years, think it is OK that our Nation’s debt is not sure whether there has been an ob- and now we are told we can’t go to con- now larger than the size of the entire jection. ference to have a discussion with House economy, if you think it is OK that our Mr. CRUZ. Reserving the right to ob- Republicans about what our budget children and grandchildren are being be ject, I ask unanimous consent that the ought to look like. bankrupted—in 41⁄2 years the national Senator modify her request so that it I actually disagree with the Senator debt has grown over 60 percent—and if not be in order for the Senate to con- from Texas, I have to say respectfully, you think it is OK that the Senate sider a conference report that includes on the merits of this issue; that is to Democrats want to continue borrowing reconciliation instructions to raise the say, on the debt ceiling itself. This is trillions more while doing nothing— debt limit. the reason I think folks in Colorado nada—zilch—to address the spending The PRESIDING OFFICER. Is there can’t stand this place. There is not a problems, to rein in out-of-control objection? mayor in my State, whether they are a spending, then you should welcome Mrs. MURRAY. Mr. President, I Republican or a Democrat or a tea this motion. would object. What the Senator is ask- party mayor, not one—not one who Over and over again the majority has ing for is a precondition on a con- would threaten the credit rating of asked to go to conference on the budg- ference committee without the consid- their community for politics. Not one. et. Why? Because going to conference eration of this whole Senate. We would run them out on a rail, be- on the budget allows a procedural back What I have offered to him and to cause that is not the way you do busi- door to enable them to raise the debt this body in my unanimous consent re- ness. The credit rating of a community ceiling using only 50 votes. quest is a vote on the motion to in- is the most important thing it has. The

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5224 CONGRESSIONAL RECORD — SENATE June 26, 2013 full faith and credit of the United is not a partisan bill, this immigration dressed, the first being the debt ceiling, States of America—which until the bill. There were eight of us. Four Re- the second being immigration. On the last debt ceiling discussion had never publicans and four Democrats worked debt ceiling, the question I will ask is, been questioned—was questioned for together on this bill, and one of the Does my friend from Colorado believe the first time in our history; not be- things we thought hard about was the Congress should continue raising the cause of the size of our debt—which, by future flow of immigrants to this coun- debt ceiling in perpetuity, with no the way, I have spent 4 years trying to try because generation after genera- changes and no preconditions, and work on because I believe it is a very tion of Americans, since the founding should the Senate be able to do so with severe problem we face, and I look for- of our country, has relied on new immi- just 50 votes? ward to working with the Senator from grants to bring their ideas, to bring Mr. BENNET. Here is how I answer Texas on this issue—but because of the their talents, to bring their energies to that. I appreciate the question. political dysfunction in DC. That is our shores to build their businesses Through the Chair to the Senator from why we got this downgrade. here. Texas, it is clear that this is not going The Senator from Alabama, who has Today what we are saying to people— to get us anywhere, this procedural left the floor, was talking about the re- even people who get college degrees in fight the two of you are having every statement of our GDP numbers in the the United States, degrees that we sub- couple of weeks. I think that is clear. I first quarter. I worry a lot about that. sidize, that we pay for—even to those think it is clear that the debt ceiling is The people I represent are not con- people, we are saying: Don’t stay here. something that has been raised time cerned with the procedural stuff that Even if you want to stay here, please and time again by Republicans and by goes on here. What they are worried go home to China and start your busi- Democratic Presidents over the years. about is an economy they are living in ness there. Go home to India and com- I think it is also clear that we have to day after day after day where, even in pete with us there. Hire people there deal with our debt and our deficit. I be- periods of economic growth, median instead of creating jobs here in the lieve that. But for myself, I don’t feel family income is falling, middle-class United States. like I would come to the floor and say families are falling behind. They are We are a nation of immigrants. We that I am only going to allow this bill worried about an economy where they subscribe to the rule of law. This bill is to go to conference with the Repub- are earning less at the end of the dec- a ratification of those two American licans in the House if all the money ade than they were at the beginning, ideals—ideals that you can almost not comes to Colorado—or some other stip- but their cost of higher education con- find in any other country in the world. ulation I would want that 99 other Sen- That is why I am so glad that for tinues to escalate, their cost of health ators would not agree with. once this body is actually acting in a care continues to escalate. As individ- The second thing is that I think it is bipartisan way to deal with not an easy uals, as families, and as members of a important for people to understand problem but a tough problem. I will that this issue—again, I am not in any generation, they are worried we are tell you the kids who are visiting today going to be the first generation of Colo- way trivializing the issues around our from 4-H all across the country and deficit and our debt. I want the Sen- radans and Americans to leave less op- from my State of Colorado actually are ator from Texas—I hope he under- portunity and not more to the people expecting us to do these hard things, as stands that. I hope he knows that who are coming after us. our parents and grandparents did be- Mr. CRUZ. Would the Senator yield about me. But I worry about the debt fore them, so we don’t leave them in for a question? ceiling as a tool for accomplishing this, the lurch. first for the reasons that have to do Mr. BENNET. I wish to finish my That is what is at stake. That is why statement, and then I will gladly yield with our credit rating but also because I wish we could find a way past this there is a view among some that the for a question. budget impasse as well so we actually I was glad to hear the Senator from debt ceiling is about bills we are going could start to have a responsible con- Alabama. He and I disagree on the im- to incur as opposed to the ones we al- versation about what we are going to migration bill, but we certainly agree ready have incurred. do on the entitlement side and on the on the issue of the concern all of us In other words, it would be one thing revenue side, so we do not continue to if somebody said: I am spending too have about this economy—or most of hack away at domestic discretionary us have about this economy. It is one much money and I am going to cut up spending in ways that could lead us, my credit card, and that is what they of the reasons we should pass this im- with some of the House proposals, to would do, but that is not what the debt migration bill. The Congressional invest only 4 percent of the revenue we ceiling is about. What the debt ceiling Budget Office tells us we would see 3 collect in the future—4 percent in is about is somebody saying: You know additional points of GDP increase in transportation and agriculture and what, I want the best cable package I the first 10 years, 5 over the two 10- education. There is not a business in can find, I want the best satellite pack- year windows, if we pass the bill. this country that would last a year if it age I can find, and when the bill comes To the point about American jobs, I invested 4 percent of its cash flow in to pay for it, I am just going to chop it was very glad to hear him say he was the future of that business. up into little pieces and not pay it. not talking about the 11 million people At some point we have to move be- That is what I don’t like about this ap- who are here because most of the 11 yond where we have been here and ac- proach. million people who are here are work- tually get into a serious discussion But everybody is entitled to their ing. But they are working in a shadow about how we are going to manage this own approach on this question. I just economy, a cash economy, under cir- debt down over the next decade or two wish we could move forward here in- cumstances where they can be ex- in ways that do not prevent us from stead of continuing to earn the 10-per- ploited. We have allowed that to hap- growing our economy and in ways that cent approval rating Congress has. pen because of the broken immigration do not subject our children to unpaid That is all I am asking for. system we have. If all you cared bills. It would be as if I went to the Mr. CRUZ. Will the Senator yield for about—and I deeply care about it—was mortgage lender on my house and I an additional question at that point? raising wages for the American worker, said: I would like to buy a house, and I Mr. BENNET. Sure. you would want to bring those 11 mil- am going to take out a mortgage, and Mr. CRUZ. I like and agree with his lion people out of that shadow econ- then I am going to give it to my kids analogy about cutting up a credit card. omy. You would want them paid in to carry for me instead of paying for it Indeed, if my friend from Colorado sup- something other than cash, and you myself. That is the position we are in ports anything resembling Congress would want them, for heaven’s sake, today. The only way we are going to cutting up the credit card, that will paying taxes at a time when we have solve that is if Democrats and Repub- truly be a dramatic position, a position the kinds of deficit problems the Sen- licans can sit down together and actu- on which he and I could find common ator from Texas is describing. ally move past the talking points. cause. The Senator also talked about the fu- With that, I will yield for a question. Mr. BENNET. May I. ture flow of immigrants. I should say I Mr. CRUZ. If I may ask my friend Mr. CRUZ. If I can ask the question. was part of the bipartisan group. This two questions on the two topics he ad- I ask, the natural results of what my

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But in the event the credit limit is not would take the opportunity to talk there certainly has been an open proc- raised, the United States will always, again a little bit about our immigra- ess for this bill. Sometimes I have always, always pay its debt. We will tion bill. This has been such a grati- heard people say, well, it is just like never, ever, ever default on the debt, fying process to me because it has been health care all over again. I was here and we will take that completely off bipartisan from the start. In fact, I during the health care bill, and I can the table. Then the debt limit fight have been telling people that it is not say this process looks nothing like would only be about, as my friend from even that it has been bipartisan, it has that process. Colorado put it, cutting up the credit been nonpartisan. The work on the There is a third objection from some card for future spending. Gang of 8, which led to work in the Ju- who say there is no border security in Would my friend from Colorado sup- diciary Committee, which led to work this bill. First of all, that wasn’t even on the floor is the way this place ought port the Default Prevention Act of PAT true of the Gang of 8 bill. We had sub- to operate on a whole host of issues, TOOMEY, making it impossible—taking stantial border security, and as my default off the table permanently? from energy—the Presiding Officer lead, I was taking what JOHN MCCAIN Mr. BENNET. I say through the cares a lot about that—to infrastruc- and JEFF FLAKE—both Senators from Chair to my friend from Texas, I have ture, to the budget issues I was just Arizona—said was important. They are not read the bill, but I will read the talking about with the Senator from two Senators who have a border State, bill. I commit to him that I will do Texas. and they have been working hard to re- It is important for people to know that. solve these issues in our group. We that this is a bipartisan bill because I I appreciate the implication of this, made a substantial investment in that think people are fed up with the par- which is that the Senator is not object- bill for border security and technology. tisanship in this town, and they do not ing to my metaphor about the cable Even fencing was included in that bill. believe it reflects the way they live I think it is a reasonable expecta- bill being cut up, because I do think their lives. There is a reason for that. tion—not of Republicans but of the that is a real problem. It does not. This place is decoupled We are not saying to people—we American people—that our border from the lives of ordinary American should not be saying to people that we should be secure. Certainly the people people, and this is an effort—among in Colorado believe our border should are going to behave in an irresponsible others, hopefully—to recouple those be secure. So when Senators came and way. As somebody who used to spend priorities. said: We would like to vote for this bill, his time restructuring companies that I have been interested in the objec- but we would like to do more on border were really well run, really well oper- tions to the immigration bill since the security, not only was I open to that, I ated but had horrible balance sheets, I beginning. First there was the objec- supported that. The bill before us has would have to think hard about the tion that it was actually going to drive incredibly substantial border security. treatment that creditors would provide up our deficit. Not surprisingly, we There are 700 more miles of fencing. We to, in this case, the U.S. Government learned from the Congressional Budget doubled the number of Border Patrol when I look at that. I will look at that. Office that this bill actually would cre- agents on the border. I say to the Senator from Texas that ate the most significant deficit reduc- One of the Senators said to me that there are other things we might even tion of any piece of legislation we con- we are at a point now where there is a be able to agree on too around here. sidered here, certainly that we passed Border Patrol agent every 1,000 feet on For a long time I have thought it here—$197 billion in the first 10 years, the southern border. One might ask would be important for us to put $700 billion in the second 10 years. Even whether that is a wise use of resources, health care on a budget in this coun- in Washington, $1 trillion is still a lot but it was important for some people try. We are not on a budget. During the of money. That is what we heard, both to have that before they would sign on health care debate I had an amendment because people now not paying taxes to this bill. So I don’t think any rea- called the fail-safe amendment that would be paying taxes and also because sonable person looking at this could would say to the American people and of the economic growth that would be say border security has not been ad- to the Congress: This is what we have generated if we could restore the rule dressed. to spend on health care. That is all of law to our immigration system and So what are the objections to moving there is. There is not any more. We to this economy. That was an objec- forward? We have heard people say: have to manage toward that. If we tion. That objection was answered—not Well, it is the path to citizenship or we failed, if we tripped over it, we would by me but by the nonpartisan Congres- don’t like that part of the bill. That actually have to make cuts, make sional Budget Office. was a core principle for the four Demo- changes to our system of health care. The second objection was that the crats and four Republicans who started We spend twice as much as any other legislation was not going to get a fair this negotiation, and it has been a core industrialized country in the world, airing, that it was going to be rushed principle for a lot of people who voted and it is crowding out a lot of other through in the dead of night. I don’t for this bill. A very important reason things that the 4–H kids and others like doing work that way. to pass this legislation is to resolve the whom I worry about care about. There were eight ‘‘no’’ votes on the situation for the 11 million people who So I think there is much we can work fiscal cliff deal at the end of the year, are here illegally. The pathway to citi- on, but I just don’t think we are going and I was one of those ‘‘no’’ votes, one zenship is the right way to do it. to get to it through this kind of discus- of three Democrats who voted no not This is not amnesty. This has to be sion. We might get to it through this largely but partly because it had not earned. People have to pay a fine. Peo- kind of discussion. had any process and it was in the mid- ple have to learn English for the first In any event, I will commit to the dle of the night. This bill, by contrast, time in our history. People have to pay Senator from Texas that I am going to had 7 months of negotiations among their taxes. It takes 10 years to get a sit down and stop talking about what four Democrats and four Republicans. green card, then 3 years after that. he said. It had 3 weeks to go through the Judi- They have to pass background checks Mr. CRUZ. Mr. President, I suggest ciary Committee, a markup that had all along the way so we know who the the absence of a quorum. 160-some amendments, many of which people are we want to stay in this The PRESIDING OFFICER. The were accepted. Forty-one Republican country and who the people are we clerk will call the roll. amendments were accepted to this bill. want to leave this country. The legislative clerk proceeded to It came to the floor for the debate we I see the Senator from Louisiana is call the roll. have had over the last few weeks. here, so I will wrap up. To my friends

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Mr. President, we ment to their culture, no feeling they the most vulnerable people in our soci- have a major crisis in our country are ever going to participate in their ety. In my opinion those offenses today in terms of the high cost of a col- civic or political institutions or mean- should clearly be disqualifiers. So that lege education, and in addition to that ingfully in their economy, no chance to is what the amendment would do. the incredible debt burden college stu- believe their children or the children Now, VAWA, which we debated and dents and their families are facing. after them are actually going to make voted on a few months ago, has wide- This is a major problem in Vermont, those contributions as well, and ask: spread bipartisan support. More than and it is a major problem for every Does that look like the United States 200 national organizations and more State in our country. of America to you? than 500 State and local organizations The job of the Senate is to under- That is not what the Founders had in expressed support for that bill. A great stand that crisis, improve the situa- mind. We hear a lot of cheap talk about majority of Senators voted for it. I tion, lessen the burden on students and the Founders around here these days. voted for it. So we should certainly fol- their families, and not to make the sit- That is not what the Founders had in low up on that rhetoric and that vote uation worse than it is today. At a mind when they wrote into the Con- by making sure these serious offenses time when we need the best educated stitution that it was our responsibility in the Violence Against Women Act are workforce in the world, hundreds of as a body to deal with immigration. disqualifiers to amnesty in the immi- thousands of bright, young Americans So I hope people will consider that gration bill. who are qualified to pursue a higher objection, take a look at the Senate This is not my only amendment, and education—who want to pursue a high- bill, and will, hopefully, support it. not getting a vote for this amendment er education—do not go to college, and With that, I know the Senator from so far is a frustration. It is a frustra- they do not go to college for one very Louisiana was scheduled to speak, so I tion for a lot of us with regard to a lot simple reason: They cannot afford to will yield the floor. of amendments. This immigration de- go to college. The PRESIDING OFFICER. The Sen- bate is enormously important. This bill According to a Pew study of 18- to 34- ator from Louisiana. is enormously long. It is well over 1,000 year-olds who have not completed col- Mr. VITTER. Mr. President, I am pages. So far we have had 10 rollcall lege, 48 percent say they cannot afford here to speak about an amendment I votes on amendments—10, period. That to do so. Higher education for middle- have filed on this immigration bill that is one amendment per—I don’t know— class families and working-class fami- I have been working hard to get a vote 120, 130 pages. That is ludicrous, and lies is simply too expensive, and this is on. It is certainly not the only amend- that is not the full, robust amendment an issue we must address. ment I filed, but it is a top priority. My process we were promised for months What does it say about our country amendment is the violence against and months by both the majority lead- when hundreds and hundreds of thou- women and children amendment, er and the Gang of 8. sands of young people who want to con- amendment No. 1330. I hope I can get a vote on this amend- tribute and do more with their lives We have heard a lot of promises and ment, and I also want and expect a cannot get the education they need? In a lot of rhetoric on this issue from vote on the other amendments I filed. I many cases it deprives them from mak- many people, including the Gang of 8. have many amendments, but I have ing it into the middle class, and it de- What I have found distressing, as I narrowed that list down. nies this Nation the intellectual capa- have actually gotten to read the bill— So, with that, Mr. President, I ask bilities they have. and let’s always remember one of the unanimous consent that my Violence Further, millions of young people great lessons of ObamaCare was to read Against Women and Children amend- who graduate college are saddled with the bill before we vote—is that the de- ment No. 1330 be made pending and eli- an incredible debt burden which radi- tails and exact language does not gible for a vote. cally impacts their lives. In America The PRESIDING OFFICER. Is there match a lot of the rhetoric. today, the average debt for a college objection? One of the earliest and most impor- graduate is over $27,000 in my State of The Senator from Colorado. Vermont. It is about $28,000. That is tant promises by the Gang of 8 was Mr. BENNET. I object. the average. That means there are that in this amnesty process folks who The PRESIDING OFFICER. Objec- many young people who have more were guilty of serious crimes would not tion is heard. be eligible for citizenship; in fact, they Mr. VITTER. In closing, I find that debt. For those who go to graduate would be deported. That is why the bi- very disheartening. This is a big sub- school or medical school or dental partisan framework for comprehensive ject. I agree with the proponents of the school, the debt can be many times immigration reform that the Gang of 8 bill when they say this is a big problem higher. Last year I talked to two young released in January of this year said: that needs fixing. It has been on the dentists in the State of Vermont. They Individuals with a serious criminal back- Senate floor for 3 weeks. The bill is are in debt to the tune of over $200,000 ground or others who pose a threat to our well over 1,000 pages long, and we need for the crime of having gone to dental national security will be ineligible for legal more opportunity for serious debate school. status and subject to deportation. Illegal im- and amendments than we have gotten. This horrendous debt burden impacts migrants who have committed serious As soon as a path to passage was the lives of young people in many crimes face immediate deportation. identified late last week—as soon as ways. It can determine—and this is a We can all agree with that. The prob- that happened, the amendment process hugely important issue—the profession lem is the details in the text of the bill was basically shut down. It continues they choose to enter. How can a person do not agree with that because it does to be shut down today. The important become a teacher, a childcare worker, not include several serious offenses, amendment I have brought to the floor a legal aid attorney or even a primary particularly against women and chil- that has been denied a vote is an exam- care physician if the salary a person dren. ple of that. I find it very regrettable. earns will not enable them to pay off My amendment is simple. It is to beef I yield the floor. their debt and take care of the obliga- up and strengthen this part of the bill Mr. BENNET. Mr. President, I sug- tions they face? In other words, this by including the Violence Against gest the absence of a quorum. debt is forcing many young people into Women Act offenses as crimes, which The PRESIDING OFFICER. The professions which are not necessarily would disqualify someone from being clerk will call the roll. their love. It is not what they wanted granted amnesty and would trigger im- The legislative clerk proceeded to to do; it is what they have to do in mediate deportation. These include se- call the roll. order to earn money to pay off their

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5227 debts. This crushing debt burden deter- competitive global economy. I hear for less than 1 percent—three-quarters mines where many young people will every day from my colleagues that the of 1 percent. We are talking about fam- live and whether they can even afford United States is not doing all we can ilies having to spend 6 percent, 7 per- to buy a home. How does a person go do in terms of educating our young cent, 8 percent, 9 percent in order to out and buy a home if they are spend- people in such areas as science, engi- send their kids to college, to help our ing 20 or 25 percent of their income neering, technology, and math. In fact, country, to make it into the middle paying off their student debt? This in the immigration bill we are debat- class. That is absurd. We have to un- debt burden on our young people even ing, there is an effort to bring hundreds derstand that a well-educated popu- determines, in some cases, whether of thousands of workers from abroad, lation is perhaps the most important they get married and have kids. presumably because we do not have thing we need as a nation if we are The higher education debt burden the enough workers who are knowledgeable going to survive in a highly competi- American people are now carrying at in terms of engineering, science, math, tive global economy. $1.1 trillion is now higher than our and other technologies. What sense Let me conclude by saying this: This credit card debt and is having a signifi- does it make if we are doing a bad job Congress has to act and act imme- cant impact upon our economy. In fact, now in educating our young people in diately to prevent the disaster we are the Federal Reserve and the Depart- general, and specifically in the STEM looking at from happening; that is, the ment of Treasury have both issued areas, that we make it harder for kids doubling of interest rates on the Staf- warnings that high levels of student to get a college education? What sense ford Loan Program, which will go from loan debt could drive down consumer does that make? 3.4 percent to 6.8 percent on July 1. demand and have a negative impact on I should mention that countries all Short term, we have to extend the 3.4- economic growth. In other words, if a over the world understand this point, percent interest rate. Long term, we person is spending all their money pay- and they are doing a much better job need to make certain every kid in this ing off debt, they are not buying goods than we are of investing in their young country, regardless of income, can go or services. So this high level of stu- people in general and specifically in to college and leave school without a dent loan debt is having a negative im- higher education. According to a report crushing financial debt. I thank the Chair. pact on our overall economy. released just yesterday by the OECD, The PRESIDING OFFICER. The Sen- According to a report released by the the United States was one of the few ator from Colorado. New York Fed—and this is important advanced countries in the world that Mr. BENNET. Mr. President, I am for people to hear—student loan debt did not increase its public investment here today on the immigration bill, but has nearly tripled since 2004. In less in education. In fact, the vast majority I wish to thank the Senator from than 10 years it has nearly tripled. of advanced nations do everything pos- Vermont for bringing our attention to Total student loan debt in the United sible, and a lot better job than we do, this very serious issue. It is a little bit States now exceeds $1.1 trillion. The to make higher education more afford- of a variation on a theme today about average student loan balance has in- able for all of their students. trying to reconnect the priorities of creased 70 percent since 2004. A couple weeks ago I had the Ambas- the American people—frankly, whether If we do not act immediately, the sador from Denmark coming to the they are Republicans or Democrats or subsidized Stafford Loan Program will State of Vermont to talk about what anybody else—and this place, which see a doubling of interest rates on July goes on in Denmark. People asked him: has become totally disconnected. I 1, a few days from now. Let me repeat: How much does it cost to go to college wish to say through the Chair to the If Congress does not act immediately, in Denmark? The answer was: Nothing, Senator from Vermont how on point he within the next few days, the sub- not a penny out of your pocket. It is is. sidized Stafford Loan Program will see paid for out of the tax base. In fact, The people I represent care about the a doubling of interest rates on July 1. students there get a stipend. fact that they are living in an economy The rates will rise from 3.4 percent to But Denmark is not the only country that even when it grows—I was talking 6.8 percent for subsidized Stafford which makes sure all of their kids can about this a little bit earlier—it is not loans. This would be a disaster for mil- get a higher education, a graduate producing sufficient jobs and it is not lions of students and their families all school education, a medical school edu- driving up income. That is what they over our Nation. We must not allow cation, while not having to pay for it are concerned about. The student debt that to happen. At the very least, we out of their own pocket. Austria, Fin- crisis the Senator speaks about, where must immediately pass legislation that land, Norway, Scotland, and Sweden it tripled over the last 10 years, is a extends interest rates at 3.4 percent for also do the same. In Canada, which is huge part of this story. It is a signifi- several more years on the Stafford an hour away from where I live, aver- cant part, because if a family’s income Loan Program. Meanwhile, as part of age annual tuition fees were $4,288 in is going down but the cost of higher higher education legislation, we must 2010, roughly half of what they were in education is skyrocketing—by the way, begin work on a long-term solution the United States. Yet the OECD says at the same time the cost of health that guarantees the students of this Canada is one of the most expensive care is skyrocketing—it makes it very country will be able to attend college countries for a student to go to col- hard to get ahead. People are des- and graduate school and not be bur- lege—half the cost of where we are. perately worried, as I said earlier, that dened with suffocating debts. Germany is in the process of phasing we are going to be the first generation As we contemplate long-term new out all tuition fees. Even when German of Americans to leave less opportunity, policy on student loans, one thing we universities did charge tuition, it was not more, to our kids and grandkids. should be very clear about: The Federal roughly $1,300 per student. But there is another issue as well, Government should not be making a Here is the bottom line: All over this which is today, in the 21st century in huge profit off the needs of low-income country, students and their families this country, if a person is born and and working families who utilize the are facing crushing debt, radically im- living in poverty, their chances of get- Stafford Loan Program. That is simply pacting their lives and the choices they ting a college degree or the equivalent wrong. In fact, that is what we are make. There are some in the Senate of a college degree are 9 in 100—9 in 100. doing today. who say: Yes, that is pretty bad. How For the folks in the Chamber, for the According to the Congressional Budg- can we make it even worse? How can pages who are here today, we have 100 et Office, the Federal Government we raise interest rates for our kids and chairs, 100 desks in the Senate. If these makes a substantial profit from stu- make it harder for them to go to col- desks represented poor children living dent loans. For loans made this year, lege and make sure when they get out in this country instead of Senators, in 2013 alone, that profit is expected to of college they are deeply in debt? those four desks in the front row and exceed $50 billion, and this is higher I say: No, I think that is absurd. four at that end right there, and an- than the profits made by ExxonMobil, I remind my colleagues that when other one, those are the only folks who the most profitable company on Earth. Wall Street banks borrow money—do would be getting a college degree. As I hear every day on the floor of the my colleagues know what they are get- Ninety-one other people in this Cham- Senate, we are reminded we live in a ting it for today? They are getting it ber would be constrained to the margin

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Listen to this on Bush—this is not a partisan observa- after years of litigation are ever deported. how our laws are turned upside down. tion, it is a temporal one—when George Edward Grant, a senior immigration ap- Continuing to quote: Bush, the son, became President. We peals judge, noted this impasse in 2006. Aliens in civil deportation proceedings will led the world. Let me tell the young Then he quotes Edward Grant: ‘‘All receive counsel on demand, while citizens re- people who are here today, 13 years should be troubled that only a small ceive counsel only when facing criminal later, we are 16th in the world in the fraction of [deportation orders] . . . is charges and only after proving they are indi- production of college graduates. Be- actually executed.’’ gent. cause of our inability to come together And he was right. A 2003 Justice Depart- So again editorializing, it gives more and figure out how to deal comprehen- ment report found only 3 percent of aliens constitutional rights and more legal sively over time in a thoughtful way free during trial were actually removed after counsel than the common criminal in with the fact that we don’t want to courts ruled against them. Those who de- this country might get. stick our kids with this debt we have serve relief fare just as poorly. Order is subverted. Even felons who are acquired—which we need to do; we are By last count, more than 330,000 cases were subject to deportation may seek injunctions just hacking away at domestic discre- backlogged. This historic dysfunction offers that allow them to remain in the U.S. In the tionary spending for higher education, a glimpse of things to come if the current end, courts that spent years deciding the version of reform passes. for K–12 education, for agriculture, for cases of those who should be removed will The cause of this dysfunction is simple. see their orders overturned by waivers that infrastructure. Immigration courts have no authority over mock the judicial process. Some of these budgets we have con- immigration enforcement agencies. Unlike America’s immigration courts express fun- sidered—we have not passed them here; federal district courts that have U.S. mar- damental confidence in those who embrace they passed them over in the House— shals, among others, to execute their orders, our shores and the redemptive power of our would invest only 4 percent of our rev- federal immigration courts have no such democracy. For the immigrant in particular, enue, 4 percent of the revenue we col- muscle. they reveal the beginnings of accountability lect, in the future of this country. Numbers tell the story. that are a surety of our exceptionalism. Some 11 million illegal aliens now live in But ignored by administrations both Re- Ninety-six percent on something else is the U.S. Visa overstayers—those who en- publican and Democrat, these courts have not going to get the job done. tered America legally and then refused to ceased to do the critical work for which they On an issue such as this, where our leave—comprise 40 percent of this total. The were created—to definitively decide the students are saying: How do you at rest crossed unguarded borders and entered claims of those who ask to join our nation least not make matters worse, we illegally. Both groups brought children with and see that those decisions are impartially ought to be able to come together in a them. From these two populations, 1.2 mil- enforced. lion deportation orders remain unexecuted. So now, instead of debating how we extend bipartisan way and solve this problem. the great prize of American citizenship to I thank the Senator from Vermont The immigration courts observed this dys- function first hand. From 1996 through 2012, more of the world’s bright and talented, Con- for coming to the floor to focus our at- the U.S. permitted some 2.2 million aliens to gress argues whether felons should be de- tention on something the American remain free before trial. Nearly 900,000 of ported. This is the small-ball politics that people actually care about. these individuals—39 percent of the total— has sabotaged public confidence in immigra- Mr. SANDERS. I thank the Senator. skipped court and disappeared. tion. It shows how far we have fallen both in Mr. BENNET. With that, I yield the In the shadow of 9/11, things were even the mission of these special courts and with floor. worse. From 2002 through 2006, half of all immigration in general. aliens free awaiting trial vanished. Nothing Courts without authority cannot provide I suggest the absence of a quorum. order. Even less can they assure liberty. The PRESIDING OFFICER (Mr. in the details now being debated addresses this systemic defect, and continued neglect Only independent and empowered courts COONS). The clerk will call the roll. will only diminish public support for worthy are an equal match for the certain risks and The assistant legislative clerk pro- initiatives intended to elevate the foreign- superior opportunities that American immi- ceeded to call the roll. born. gration offers. History proves them not just Mr. GRASSLEY. Mr. President, I ask Fine improvements dot the present legisla- a priceless check against tyranny, but also unanimous consent that the order for tion. Enhancements that protect lawful an effective antidote for drifting government agencies that delay relief to the deserving the quorum call be rescinded. American workers, recruitment of the highly skilled into our tech-driven economy, and and deny sanction to the offender. The PRESIDING OFFICER. Without Such courts are a necessary complement to real-time tracking of visa holders into and objection, it is so ordered. immigration reform that is inclusive, ac- out of ports of entry provide overdue fixes. Mr. GRASSLEY. Mr. President, I countable and commands consensus. Emphasis on border security demonstrates want to give my colleagues a point of a seriousness absent from earlier proposals. That is the end of the article in the view on the immigration bill before the Those illegally brought to the U.S. as chil- Des Moines Register by this former im- Senate from somebody other than a dren—better known as ‘‘Dreamers’’—earn migration judge, Mark H. Metcalf. Senator. tracks to citizenship incentivized through I thank my colleagues for listening In the weekend Des Moines Register, higher education and military service. to this, and I yield the floor. there was an article called ‘‘Another Now, let me editorialize here. There The PRESIDING OFFICER. The Sen- View: Immigration reform plan adds are two paragraphs where he says good ator from Nevada. disorder to a failing system’’ by Mark things about this legislation. I do not Mr. HELLER. Mr. President, I rise H. Metcalf, who had been an immigra- necessarily agree with a couple of today to discuss S. 744, the Border Se- tion judge and now is a county attor- those points. curity, Economic Opportunity, and Im- ney in the State of Kentucky. Now continuing to quote: migration Modernization Act. From the very beginning of this de- I am quoting: Some reworking is needed; but this value- The most recent push for immigration re- added approach appeals to our better in- bate, I have said that our Nation needs form is compelling. True to our heritage of stincts as a nation. Problems persist, immigration reform. I have also urged inclusion, it succeeds. False to our tradition though, in that essential mechanism upon Senate leadership to ensure that the of rule of law, it fails. which a rule of law nation depends: effective Senate has ample opportunity to de- For any law to forge consensus, it courts. bate this bill, amend it, and take the must appeal to both fairness and com- While the bill authorizes 225 new judges, hard votes necessary to make the bill judicial authority declines. Deportation or- mon sense. The measure now on the as good as it can be. To ignore this ders are further enfeebled. Aliens deported problem and to do nothing to change U.S. Senate floor fails this litmus. from the U.S. may apply to come back, and What is sold as a means to simplify and the thousands who skipped court can request the status quo would be a disservice to dignify one of our most important national a waiver—and get in line with the many who the American people and a great det- institutions—immigration and naturaliza- played by the rules. riment to our country. tion—mandates complexity and much of the Fraud is enabled. Courts and immigration I have also said throughout this proc- same disorder that got us where we are agencies alike will be required to accept— ess that in order to enact meaningful,

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It is true to the work and negotiations led by my col- crats and Republicans can find ways to American idea that has defined our Na- leagues Senator HOEVEN and Senator work together and pass legislation this tion since its founding, the idea that is CORKER the border security portion of great Nation deserves. Republicans can inscribed on the Statue of Liberty, wel- this legislation has been addressed, and do so and still stay true to their con- coming the tired, the poor, and the for that reason I can support this bill. servative principles. huddled masses, yearning to breathe The Hoeven-Corker amendment, No question, this has been a conten- free. which I cosponsored, adds 20,000 addi- tious debate. My constituents feel Former Secretary of State tional Border Patrol agents to the strongly about this issue on both sides Condoleezza Rice made a profound southern border. It requires twice the of the spectrum. Some reporters in Ne- statement recently, that in America it original amount of fencing along the vada like to harp on the fact that my does not matter where you came from, border—700 miles total, to be exact— work to find a solution between Demo- it only matters where you are going. and requires the Department of Home- crats and Republicans has been politi- Our immigration laws should embody land Security to implement a border cally motivated. One such reporter that principle and enable good hard- fencing strategy to help ensure that even resorted to describing my actions working people to come here, study the fence is an effective deterrent. It in racially insensitive terms. hard, start businesses, raise families, also mandates that the E-Verify sys- The bottom line: The easy thing to and contribute as productive citizens. tem be fully implemented before any do politically is nothing. The harder The bill before us is a good step toward registered provisional immigrant can choice is to govern. We must remember preserving that idea. adjust their status. This will help that long before America was the great I urge my colleagues to join me in make sure businesses have a safe and Nation we are today, before we were supporting this immigration reform legal workforce. And the amendment the world’s greatest economy, a mili- bill. requires an electronic entry-exit sys- tary superpower, a global champion for I yield the floor. tem at all international air and sea democracy that has forever changed The PRESIDING OFFICER. The Sen- ports of entry where U.S. Customs and human history, America was merely an ator from Oklahoma. Border Protection officers are cur- idea. America began as an idea in the Mr. INHOFE. Mr. President, I ask rently deployed. hearts and minds of a persecuted mi- unanimous consent that after the Sen- By increasing and enhancing security nority that longed for freedom and the ator from Massachusetts makes his re- efforts at our borders, by using new opportunity to decide for themselves marks that Senator GRASSLEY be rec- technology that will allow us to better what their destiny would be. That idea ognized, then I be recognized after him, monitor activities at our borders, we was brought here by immigrants who and then Senator KAINE, those four in will ensure that those who are here are crossed the oceans and devoted them- that order. here lawfully and that they have the selves to the formation of a free soci- The PRESIDING OFFICER. Without opportunity to thrive and succeed, just ety unlike any the world had ever objection, it is so ordered. like many generations of American im- known. The Senator from Colorado. migrants have done. America has always been a Nation of Mr. BENNET. Mr. President, I know To do nothing now amounts to de immigrants. That heritage is one of the the Senator from Massachusetts is facto amnesty for 11 million people defining aspects of our national success here, and I look forward to hearing his who are already here illegally. We story. When I think about a true Amer- farewell. Before he does, I wanted to must take action to prevent further ican immigrant success story, I think say thank you to the Senator from Ne- unlawful entry. The current system is about one of my constituents back vada for his work on this bill, for get- backward, and it is broken. ting us to a bipartisan result, for help- This legislation represents a product home, Mr. Carlos Pereira. Carlos came ing us grow the vote, and for the state- of many long hours of debate, discus- to America from Peru in the 1990s. He ment he made about surely not one of sion, and deliberation in this body. It and his wife Kathia set out to build us would have written the bill exactly addresses a problem in our country their very own bakery. But they want- the way it is written. But there is that requires dramatic change and ed to build more than a bakery, they much more that is good about this bill meaningful reform. While this bill is wanted to build a new life for them- than not. I am grateful for his support. just one step in the process, it is a step selves and for their children. They did I thank the Senator. in the right direction. It takes into just that. They built a bakery with The PRESIDING OFFICER. The Sen- consideration the necessity of securing their bare hands. They laid the bricks ator from Massachusetts. America’s borders, while encouraging and hammered the nails, and after a lot Mr. COWAN. Mr. President, I ask the lawful immigration of those who of long nights and hard work, they unanimous consent to speak for up to would come to our shores to contribute built Bon Breads in Las Vegas. Today, 15 minutes as in morning business. to America’s greatness, as immigrants their company is a world renowned, The PRESIDING OFFICER. Without have done since our Nation’s founding. internationally respected enterprise, In the past, attempts to reform our and their products are used by chefs objection, it is so ordered. immigration system failed due to a and restaurants all over the world. Bon FAREWELL TO THE SENATE process that was neither transparent Breads is responsible for creating hun- Mr. COWAN. Mr. President, I rise nor fair. dreds of jobs in Nevada, and is a perfect today in my final full work week and But from the Judiciary Committee example of what our immigration sys- not yet 150 days into my Senate career, proceedings to today, the Senate has tem should encourage. yet at the precipice of the close of that had ample opportunity to debate this Carlos’ hard work, dedication, and career. On January 30 of this year, Gov- legislation and amend it. As a result, perseverance allowed him and his busi- ernor Deval Patrick sent me to this we have a bill where the good far out- ness to succeed in a way that would be Chamber to represent the people of weighs the bad. With this legislation, impossible in many other countries Massachusetts and their interests. we can address the 11 million undocu- today. I have three naturalized citizens Yesterday, on June 25, those same mented individuals living in the coun- on my staff about whom I can say the people took to the voting booth and try under de facto amnesty. We can fi- exact same thing. That is a true immi- called me home. In doing so, they nally secure our borders and stop more grant success story. That is the kind of called Senator-elect ED MARKEY to the people from living here illegally. We potential we can unlock by fixing what high honor of serving this august body. can fix a system that has been broken is broken with our current system. After 37 distinguished years in the for decades once and for all. We can improve our economy, create House, Senator-elect MARKEY now has We can continue to maintain the jobs, and strengthen our Nation as a this opportunity to offer his voice, wis- smartest, hardest working, most cre- whole with this immigration reform dom, accumulated experiences, humor,

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Whether offering setts voters who expressed themselves thinks is missing in their Congress. me a spare bedroom in Silver Spring or yesterday, I am quite confident Sen- To my entire staff, I have been in agreeing to last minute babysitting du- ator-elect MARKEY will serve with dis- awe at your greatness. I am forever in ties so my wife and I both could cele- tinction and act in the best interests of your debt for your immeasurable con- brate Black History Month at the the citizens he is now privileged to rep- tributions to our work in the interests White House, our village is vast and resent. of Massachusetts residents. I look for- generous. Of course, every village needs The Senator-elect bested a strong ward to your many successes yet to a queen. The queen of my village is my candidate who brought a new voice come. wife Stacy. I was able to serve because and, yes, a new visage to the Massachu- To two of my team in particular, Val she was willing to be mom and dad and setts political scene. I applaud Gabriel Young, my chief of staff, and Lauren sacrifice in ways known and unknown Gomez on a well-run campaign and, Rich, my scheduler, who have known while I have been in DC. Over the past most importantly, his willingness to and worked with me for years, thank few months, I have missed many home- sacrifice so much in an effort to serve you for your continued willingness to work assignments, some birthday din- the people of the Commonwealth. He partner with and trust in me. ners, pediatric appointments, school started this journey as a relative un- If I am being honest about the people performances, and parent-teacher known, but I suspect we have not heard who helped me look as though I belong meetings, but our sons never felt their the last of Mr. Gomez. I thank him and here, I must spend a moment or two ac- dad was absent and unaccounted for be- his family for their sacrifices and their knowledging the wonderful women and cause their mom, a supermom, more willingness to engage. men who comprise the Senate staff. than made up for my absence. When it comes to farewell speeches, From the Capitol Police, who protect Stacy has been my rock and salva- few will top the words offered by John us every day and somehow knew my tion for nearly 20 years now. I am bet- Kerry on this floor a few months ago. name on the first day, to the subway ter every day for it. Let the record After 28 years of distinguished service operators who always deliver us on show for now and all time my love and to the people of Massachusetts, now- time and unfazed, to the elevator oper- dedication to Stacy. Secretary Kerry spent nearly an hour ators who excel in the art of cutting off In January of this year I planned to reflecting on his service to this body. reporters and their annoying questions, leave the Deval Patrick administration By the same measure, as merely an in- to the cloakroom staff who field every and transition back into private life. I terim Senator serving but a few short cloying call about voting schedules and was looking forward to more conven- months, I probably should have ended presiding hours, to the clerks and Par- tional hours, a reprieve from working my remarks about 45 seconds ago. But liamentarians who discreetly tell you under the public scrutiny of the press, before I yield, I will take a few minutes what to say and do as presiding officer and spending more time with my wife to reflect on my brief time in this body while the public in the gallery silently and our young son. So I came to the and extend my gratitude to a number wonders why everyone addresses you as Senate. Go figure. of folks. Mr. or Madam President while sitting I was surprised, but deeply honored, First, I want to acknowledge and rec- in that chair, to the generous food when Governor Patrick sent me here to ognize the outstanding staff members service staff who look the other way represent the folks back home. I am in Boston and DC who have helped me when you go back for seconds and eternally grateful to the government’s serve our constituents to the best of sometimes thirds, and to so many oth- faith and trust in my ability to serve. This floor on which I stand today and my ability. When Governor Patrick ers who are the oil that makes this en- with which I have become so closely named me as interim Senator, a few gine hum, each of you has shown me acquainted over the last 5 months has people—okay, more than a few—openly such patience, support, and grace that been occupied by some of the most dy- questioned whether I would be up to I know your love for this institution namic and greatest political figures of the task and whether I was capable of may trump even the Members’ affec- our Nation’s history. accomplishing anything other than lo- tion for this place and will sustain the cating the lavatory during my tem- From my own State of Massachusetts institution long after any one or all of alone: Adams, Webster, Sumner, porary assignment. But I knew some- us leave this Chamber. You are tremen- thing those doubters did not know. I Saltonstall, Brooke, Kennedy, all who dous resources for every new Senator, held a seat in the Chamber before me, knew I was going to be able to do my and I suspect great comfort to even the are enough to make any person feel best for the folks back home because I longest serving among us. The public daunted when assuming a desk on this came to the Senate armed with the may not know you by name or know floor. knowledge of the issues by dint of my the importance of your work, but now I was appointed to the Senate to fill time in the Patrick-Murray adminis- I do. I have been honored to serve you. the seat of another great Senator, John tration. I planned to make a few key The next folks I recognize are the Kerry, and work alongside another hires and convince the bulk of Sec- youngest and most silent among us. Of great Senator, ELIZABETH WARREN. retary Kerry’s Senate staff to stay on course, I speak of the pages, the young Thank you for being here, ELIZABETH. and help me do the job the Governor women and men who spend part of a Although my time was short, I only sent me to do. In other words, I knew high school year dressed and acting in sought to uphold not only Senator what I did not know, but I knew formal traditions of this body. I have Kerry’s legacy in this body but the enough to hire the people who knew yet to speak with an uninteresting work of all of the esteemed Senators the considerable rest. Boy, have they page or a page uninterested in the Sen- who have dedicated their service to the proven me a genius. If you work in the ate and our government. These are dy- Commonwealth of Massachusetts, and I Senate but a day—and I suspect the namic young people who could be doing pledged to be the best partner I could same is true in the House of Represent- so many different things with their to Senator WARREN. atives—you will learn quickly that time but they give their time and serv- I entered the Senate at a vexing time staff make this place hum, and good ice to the Senate and its Members. in this body’s history. As we all know, staff make all the difference in the They are indispensable to both. I look congressional approval levels are dis- world. I hope my team will forgive me forward to the day when my young mally low. People across the Nation if I do not list them all by name, there- boys will be of age to follow in the and political pundits everywhere be- by avoiding the sin of omission, but, footsteps of these outstanding young lieve partisanship is a divide too wide instead, all of the staff will accept my people. to bridge and a wall too high to over- heartfelt appreciation for their willing- Last, and by no means least, I want come. Yet despite the overwhelming ness to join my team, show me the to thank the family and friends who public pessimism, I came to Wash- ropes, teach a new dog some old tricks, supported my family and me during my ington with two achievable objectives:

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In my scant 5 months I have seen the line votes are the norm. The threat of We saw the same in the wake of ter- promise of those words realized in more the filibuster demands a supermajority rible tornadoes that swept through ways and in more interactions than the to pass meaningful legislation. The Oklahoma. public, unfortunately, has had occasion American people have come to believe Upon closer inspection, it is clear all to witness. I believe in that unlimited Congress is more committed to ob- of us here have common bonds and promise still. struction than compromise. share similar goals. If only we are will- I also have been part of history while To the everyday observer we have ing to seek out those bonds and focus I was here. With my appointment, in reached a standstill where partisanship on the goals that are in the best inter- coincidence with the appointment of outweighs progress and neither side is ests of our Nation. Senator SCOTT, two willing to reach across the aisle for the While we may not agree on every pol- are serving in this body concurrently good of the American people. icy, every line item, or every vote, we for the first time in our Nation’s his- What I have encountered in the Sen- have each embraced the role of public tory. ate is not a body defined by vitriol but servant, committed to improving the Senator SCOTT and I are, respec- one more defined by congeniality and country we have pledged to support tively, the seventh and eighth Black common respect. That began before I and defend. As I have discovered in my Senators to serve in this body. While I even started here. time here, there is more opportunity believe this number to be far too few, I On the day the Governor announced for cooperation than the American am also hopeful that it is a sign that my appointment, I was pleasantly sur- public might believe. This cooperation these United States will soon be rep- prised to receive calls on my personal has led to some noted successes. resented by a more diverse population cell phones—I still don’t know how Thanks to the bipartisan work in the that more closely reflects the diverse they got those numbers—from Sen- Agriculture Committee and on the Sen- country that we are and the diversity ators KING, HAGAN, and CARDIN. I had ate floor, we were able to send a farm of opinions that exist across and within the pleasure of receiving warm wel- bill to the House. Through the joint our diverse Nation. comes from Majority Leader REID and leadership of the so-called Gang of 8, With different perspectives, different Republican Leader MCCONNELL, among we are debating right now a workable backgrounds, different races, religions, so many others that first day. approach to comprehensive immigra- and creeds, we are better equipped to One of the first persons to congratu- tion reform. We have confirmed five confront the issues that face our vast late me after Senator WARREN and Sec- Cabinet Secretaries. and changing Nation. America has al- retary Kerry escorted me for my swear- In what will remain the most memo- ways been and always will be a nation ing in was my colleague from across rable all-nighter of my Senate career, of immigrants, where religious freedom the aisle, Senator TIM SCOTT. Since through a marathon session and more is in our DNA, where more and more we then Senator RAND PAUL and I have re- votes in one night than most interim are chipping away at the barriers pre- counted our days at Duke and our af- Senators have in a career, the Senate venting us from achieving true mar- fection for college basketball. passed a budget. Now we anxiously riage equality, and where people world- On a bipartisan congressional delega- await the urgent opportunity to con- wide still yearn to reach our shores to tion to the Middle East, I traded life ference with the House. enjoy our freedoms. stories and perspectives with Senators I have seen progress, and I remain a A Congress that is more reflective of KLOBUCHAR and HOEVEN and discussed true believer in the democratic proc- this America, as this Congress is be- the comedic genius of Will Ferrell with ess, the core functionality of our gov- coming, will be good for America. Senators GILLIBRAND and GRAHAM. ernment endowed to us by our Found- Finally, I offer my heartfelt grati- Senator PORTMAN stopped by my ing Fathers so many decades ago. I re- tude to the people of Massachusetts. Commonwealth Coffee last week to main a true believer in the Senate’s Not one person was given a chance to wish me well as I leave the Senate. He system of government and the Senate’s vote for or against me, but I have gone encouraged me every day during my role in that system. about my work every day as if they time here. If I have been asked a question any had. I came to this body beholden to Senator BURR, my next-door neigh- more frequently than: What are you Massachusetts, her residents, and the bor in the Russell Building, has always going to do next, MO, it has been: Is country only, and leave confident that been good to remind me that I came our system of government broken? Is I have stayed true to that honor. from North Carolina before I had the Congress broken? Ladies and gentlemen of the Com- privilege to serve in Massachusetts. I have answered truthfully each time: monwealth, it has been a true honor Senator MCCAIN invited me to co- No, our system of government is the and privilege to represent you as your sponsor my first Senate resolution. greatest ever known and the best ex- junior Senator in the Senate. Senator MANCHIN has shown me more ample of democracy in human history. With that, this will likely be the kindnesses than I can count. The genius of our Founding Fathers final time I yield the floor. The freshman Senators on both sides is on display every day on Capitol Hill, The PRESIDING OFFICER. The ma- welcomed me to their class and offered in every State capitol, and every city jority leader. never-ending encouragement. or townhall across this Nation. Part of Mr. REID. Mr. President, I will be Indeed, one of them, HEIDI HEITKAMP, the Founders’ genius was the birth of brief. has become the North Dakota sister I the government designed to function as I appreciate very much the remarks never knew I had. the people needed it to but function of Senator COWAN. The only thing he I wish I had time to recount every only as effectively as the privileged few said that I disagree with is: No one had kindness each of the other 99, including empowered within it want it to work, a chance to vote for him to get here. the late Senator Lautenberg, gifted me or as Secretary Kerry himself said best There was one big vote that was very while here, but I don’t. Each has been a few months ago in his final floor re- important, a man by the name of Deval recorded indelibly in my memory and marks: Patrick. Once he made that decision, is returned with gratitude. you were our Senator as well as the In April I experienced the very best I do not believe the Senate is broken. . . . Senator of Massachusetts. There is nothing wrong with the Senate that of this body’s character in the wake of can’t be fixed by what’s right about the Sen- I, of course, know Deval Patrick. We the Boston Marathon bombings when ate—the predominant and weighty notion all saw him at the convention giving Members from every corner of this Na- that 100 American citizens, chosen by their his brilliant speech. He was swarmed tion extended their sympathies, their neighbors [or Governor, in my case] to serve with people giving him advice as to

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Go ahead. with our newly elected Senator from Mr. GRAHAM. I will buy the Sen- ple of weeks ago I said: Make sure to Massachusetts. ator’s book. call Governor Patrick for me—because I look forward to being with him, al- May I have 1 minute to say some- I know they are good friends—and tell thing about our departing colleague be- though I think he has every reason and him I told you how much we all admire cause I may not be able to get back. opportunity to change his mind on you. Literally, 1 minute. some of the positions he has taken in In the Democratic caucus yesterday, Mr. INHOFE. Yes. the past. this good man didn’t get one standing Mr. GRAHAM. I appreciate that, I Let me share something I didn’t say ovation, he received two. This is rare. say to the Senator. when I had the floor yesterday and was He got that because he is a genuine I would like to say to Senator COWAN, talking a little bit about President person. He came here now and talked ‘‘MO,’’ from Massachusetts: I haven’t Obama’s talk. There were four things about the goodness of this body. We known you very long, but I have found that I didn’t hear, and I am going to re- need more of that. you to be someone who has been, quite peat them. They are statements that Senator COWAN, thank you very frankly, very earnest in their time in were made by President Obama talking much. I admire you. I know in the the Senate, very smart, and a lot of before an audience. paper today you said that you are al- fun. We got to travel to Egypt, to Tur- I have to say I truly believe I know ways going to be MO, but to me you are key, to Israel to see some of the more the reason for this long talk that he always going to be Senator COWAN. dangerous places in the world, and I gave yesterday, because he had served The PRESIDING OFFICER. The Sen- just want to let the people of Massa- for 4 years. He knew his far-left base ator from Massachusetts—the Senator chusetts know that I have met a lot of was demanding some type of cap and from Oklahoma. colleagues in my time here, but this is trade. He knew he didn’t have the votes Mr. INHOFE. May I interrupt for a one fine man. I wish you all the best. I to pass it. So he was not able to push parliamentary inquiry? have learned a lot from you. I know that, knowing before the election, if Mr. President, first of all, we are op- you are originally from North Caro- this came out, what kind of a tax in- erating under a unanimous consent re- lina. That is probably why we hit it off. crease this would be on the American quest, and I would ask if we can modify I have learned a lot and I have laughed people. So he waited until after the that to hear from the Senator from a lot. You are a fine man and we wish election, and that is what we heard Massachusetts and then revert back to you well. I hope that maybe public yesterday. the unanimous consent request that service is in your future, but whatever Some of the things he said were a lit- has been granted. you do, I know you will do it well. God- tle bit insulting, but I can handle that. The PRESIDING OFFICER. Without speed. He said he lacks ‘‘patience for anyone objection, it is so ordered. Mr. INHOFE. Mr. President, let me who denies that this problem is real.’’ Ms. WARREN. I thank the Senator just say kind of the same thing. I had He is talking about global warming. He from Oklahoma. I will be brief. occasion to research Senator COWAN. I is trying to revive global warming. Ms. WARREN. Mr. President, for 4 do this because one of the things I I say revive because it is interesting months I have had the privilege of enjoy doing every Wednesday morning, that when it started out 12 years ago it serving alongside my good friend MO when we have our Prayer Breakfast, is was global warming. Remember Kyoto? COWAN. From the time he was sworn in, introducing those who are speaking. He That is what it was all about, the MO hit the ground running. Even was speaking. When one researches Kyoto treaty. In fact, they came back though his time here was short, MO has someone like him and you find things from Rio de Janeiro and the treaty was been a committed and strong advocate out, you kind of redevelop a love for never submitted by President Bill Clin- for the people of Massachusetts and everyone, and I wonder: Are you sure ton to the Senate for ratification. The here in Washington. you are in the right place here? I have reason was the votes weren’t there. So As former chief of staff to Governor to question that. time went by and they decided, since it Patrick, MO brought to the Senate a But I hold you in the highest regard. is not warming and we want to keep deep knowledge of the issues facing our I am very familiar with how you tick, this thing alive and we want to do all Commonwealth. Through his com- how you think, what you said, and we we can to destroy CO2 in our society, mittee work and his outreach to his will miss you in this place. Thank you let’s call it something else. So they constituents, his careful consideration so much. called it climate change. A few other of important national issues, he has The PRESIDING OFFICER. The Sen- titles came along in the meantime. For worked tirelessly to ensure that the in- ator from Oklahoma. the first time it has now reverted back, terests of the people of Massachusetts Mr. INHOFE. Mr. President, we have after several years, to global warming. are well represented and the people of a unanimous consent request. Senator Some of the statements he made America are well served. GRASSLEY was going to be next, and I were: ‘‘We don’t have time for a meet- He has built great relationships and will go ahead and take his time. ing of the Flat Earth Society,’’ and earned the respect of our colleagues on The unanimous consent request was ‘‘sticking your head in the sand might both sides of the aisle. that I be recognized as in morning make you feel safer, but it’s not going I very much enjoyed getting to know business for such time as I shall con- to protect you from the coming MO’s wonderful family: his smart, tal- sume. storm.’’ Listen to this: ented, and patient wife Stacy and their Let me share a couple of things. First The 12 warmest years in recorded history two young boys. I am sure Grant and of all, I am looking forward to serving have all come in the last 15 years. Last year, Miles are looking forward to having with the Senator who was elected yes- temperatures in some areas of the ocean their dad closer to home again. terday. I think he will find out some- reached record highs, and ice in the Arctic MO has been a dedicated public serv- thing that I found out when I was first sank to its smallest size on record—faster ant, and his time in the Senate only elected to the Senate after serving for than most models had predicted it would. adds to his fine record of service on be- several years in the House of Rep- These are the facts. half of the people of the Common- resentatives: It is a more civil place. It Those aren’t the facts. That is not wealth. It has been an honor to work is a place where we can have dif- even true, but it is interesting we together with MO fighting together for ferences of opinion, where we disagree would be trying to revive this. I know Massachusetts families. I wish him and with each other, but we do so in a very there are a lot of people all excited out I wish his family the very best. It has friendly way. there who have said: Oh, for the last 4

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We are talking about a tax greenhouse-gas emissions have continued to elected to the Senate yesterday. In increase to the American people. One soar. The world added roughly 100 billion that cap-and-trade bill, people realized of the Senators stood after I said this tonnes of carbon to the atmosphere between what the size of the tax increase would yesterday and said there is no evidence 2000 and 2010. That is about a quarter of all be and it went down in flames. So when of that yet. That was the Wharton the CO put there by humanity since 1750. 2 the big U.N. party—by the way, when I School of Economics and MIT that Of course, we know that is true be- talk about the U.N.’s Intergovern- came out with those figures. cause we know the major surge came in mental Panel on Climate Change—the The last thing I will say, God is still the 1940s following World War II. IPCC—that is something a lot of people up there and climate is going to change Continuing to quote the article, don’t know about. That is the United and it has. I can remember studying which quotes James Hansen, who is one Nations. They are the ones that put this—and going from memory now, not of the major movers behind this whole that together to fortify their position reading anything—and reading about thing—the global warming movement: that we need to do something to equal- the first time they came out with this And yet, as James Hansen, the head of ize the wealth of nations worldwide. fact that we are all going to die be- NASA’S Goddard Institute for Space Studies, In fact, I wrote a book about that. I cause the world is going to freeze over. observes, ‘‘the five-year mean global tem- would not ask anyone to buy it because That was in 1895. In 1895, they talked perature has been flat for a decade.’’ that would be inappropriate, but I will about this disaster that was coming This is a guy on the other side who loan it to you, if you want to read it, upon us—the coming ice age, they said. has always been held up to be the au- and I cover that in a lot of detail. But Then, in 1918, all of a sudden the cli- thentic knowledgeable person. on this subject, I asked Lisa Jackson mate started getting warmer. It was Here is a quote from the NASA God- the question, right before going to Co- going through these cycles. It has been dard Paper from January of this year: penhagen—and Copenhagen is the big- happening since the beginning of time. The five-year mean global temperature has gest party of the year. It got warmer. That is when global been flat for a decade, which we interpret as I am going to wind this up, and I will warming first came up, in 1918. a combination of natural variability and a continue this later, but I would only Then, in 1984, the next cycle came in, slowdown in the growth rate of the net cli- say the science is not there, with what and that was a cold cycle. But listen to mate forcing. they were talking about yesterday. I this, because what is interesting about A quote from Reuters in April, 2013: think I pretty much made the point I this is in 1944, after the Second World Scientists are struggling to explain a slow- came to make. War, we had the largest surge in CO2 in down in climate change that has exposed But returning to Lisa Jackson, right our country’s history. It precipitated gaps in their understanding and defies a rise before everyone was going to Copen- in global greenhouse gas emissions. . . . not a warming period but another cool- Some experts say their trust in climate hagen—and remember, IPCC is part of ing period, which lasted until 1975. science has declined because of the many un- the United Nations and once a year Then, of course, another warming pe- certainties. The UN’s Intergovernmental they throw a big party. Friends of riod came in, which I disagree with all Panel on Climate Change (IPCC) had to cor- mine, I can remember one from Africa the statements that were made—cer- rect a 2007 report that exaggerated the pace showing up at one of these parties and tainly by the President yesterday and of melt of the Himalayan glaciers and wrong- I said: You don’t believe all this global by many of the Members of this body— ly said they could all vanish by 2035. warming stuff, do you? He said: No, but now we are precipitating going into a All that sounded good at the time, this is the biggest party of the year. So leveling off and perhaps a warming pe- but it was a lie. Still quoting from the they all show up. riod. article: At that time—I am not sure where it So it is going to be changing, and it ‘‘My own confidence in the data has gone was, but the time I am talking about, is a little arrogant for us in this coun- down in the past five years,’’ said Richard 2 years ago, it was in Copenhagen. So I try to look at these God cycles up Tol, an expert in climate change and pro- said, right before I left for Copenhagen there and say we can do something to fessor of economics at the University of Sus- to be a one-man truth squad there, I change that because we can’t. It is a sex in England. said to Lisa Jackson, the Adminis- beautiful world we are in, and we are I could go on and on. Yesterday on trator of the EPA serving at the time, going to try to make it better, but we the floor I talked about Richard in a hearing we had: I have a feeling don’t need the largest tax increase in Lindzen with MIT, considered by many once I leave town, since you can’t pass America’s history to make it better. people to be the foremost authority on any kind of cap and trade, you are With that, I yield the floor. climate anywhere in the country, and going to try to do it through regulation The PRESIDING OFFICER (Mr. he is talking about what the motive is and you are going to have to have an BROWN). The senior Senator from Iowa. behind people to promote this thing. endangerment finding, and when you Mr. GRASSLEY. Mr. President, the He said controlling CO2—and I am have an endangerment finding, it has only unanimous consent request I am quoting from memory now—is a bu- to be based on some type of science. going to make is at the end of my re- reaucrat’s dream. If you control cli- What science are you going to use? She marks I will ask for inclusion of some- mate, you control life. That is exactly said: The IPCC, the Intergovernmental thing in the RECORD. what we were talking about at that Panel on Climate Change—the United I wish to share with the public what time, and it was true. Nations. is taking place on the immigration bill We have covered all these things, and As luck would have it—it wasn’t before us. Unfortunately, very little is I have said for several years now that months after it or weeks after that— taking place. We have been on the floor people understand the science isn’t hours after that Climategate came in of the Senate considering this bill for there. I can remember some of my Re- and they were exposed for lying about 21⁄2 weeks, and only 13 amendments publican friends got upset with me be- the science for all those years. So the have been disposed of. We have had cause I often said good things about timing could not have been better. nine rollcall votes on amendments, and Lisa Jackson. Lisa Jackson was the I would only say I am glad this issue three of those amendments were ta- first Administrator of the EPA under has opened up again because I had a bling votes. Yet over 550 amendments President Obama, and she is, of course, dusty old file on climate change I have been filed to this bill. Senators a liberal and all of that. But she has a haven’t used for 5 years and I have got- are still filing amendments. The fact is propensity for telling the truth, and ten it out and we are ready to use it less than 3 percent of all amendments that is all I ask for in people who are again. I just hope the American people filed have actually been considered. serving in public office. In fact, she has will look at the beautiful political For a process that was labeled as ‘‘fair

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But victed for domestic violence, child abuse, as- ments over to the majority and re- that hasn’t been the case in the last 21⁄2 sault with bodily injury, violation of protec- quested votes on them. I am told they weeks here on the Senate floor. tion order, drunk driving, reduces allowable have refused that list, and I think it is We have tried to offer amendments to misdemeanors making an alien ineligible for RPI and eliminates the Secretary’s ability to because there are some tough votes on this over 1,000-page-long bill. The ma- those amendments. They want to limit waive that provision. jority is shutting us out. They have 33. Johnson—1 year application period the number of amendments that can be gotten the votes they need to pass this 34. Johnson—EITC considered. They want to choose the bill through Members getting their fa- Mr. GRASSLEY. Mr. President, I amendments. In a sense, they want to vorite amendments into the bill, and yield the floor. tell Republicans which amendments we some of these seem to me to be special The PRESIDING OFFICER. The Sen- can offer from our side. interest provisions and some of them ator from Oklahoma. That is not right. I am very dis- tend to be like the cornhusker kick- Mr. INHOFE. I also wanted to men- appointed not just for myself but for a back sweeteners of ObamaCare fame. tion even though I oppose the bill, I do lot of other Members of the body. Now we are getting the door to the think they have done a good job of try- There is no deliberation. It seems as shop closed. ing to get some amendments out, par- though there is no path forward to It is important for the public to ticularly Senator GRASSLEY and Sen- have votes to make the bill better. know we have tried to make this bill ator MCCAIN, who offered the oppor- And, of course, this isn’t the way to better by trying to offer amendments. tunity to have my amendment. It was legislate. Immigration reform is an im- We have given the other side a list, and a good amendment. It was so good that portant matter. We have to get it I think it has been flatly refused. It is the ACLU is scoring against it. Hope- right. We shouldn’t rush a bill just to not too much to ask for this number of fully, we will get a chance to get those get it done, especially if we are going amendments to be considered. That list in. to pass a bad bill. This bill shouldn’t be had 34 amendments—that is 34 amend- The PRESIDING OFFICER. The as- rushed if we are getting it wrong. We ments out of 550 filed. Senators want to sistant majority leader is recognized. have to get it right. It is unfortunate see a lot more amendments considered Mr. DURBIN. Mr. President, I ask that what has happened on the floor of and voted on, but we have limited the unanimous consent to speak as if in the Senate—9 rollcall votes out of 550 morning business for 10 minutes. amendments, and counting, that have number to 34. I ask unanimous consent to have The PRESIDING OFFICER. Without been filed. So much for the world’s objection, it is so ordered. greatest deliberative body. printed in the RECORD the list of Immigration reform hasn’t been de- amendments we asked the majority to SENATOR MO COWAN bated on this floor since 2007, and as far consider before final passage. Mr. DURBIN. Mr. President, I was as I can remember, a major piece of There being no objection, the mate- here on the floor when Senator MO legislation such as this on immigration rial was ordered to be printed in the COWAN gave his farewell remarks. He hasn’t passed the Senate since 1986. RECORD, as follows: came to the Senate as an appointee to It may seem that we have been on 1. Grassley 1570—gangs fill the spot John Kerry left vacant the bill for a long time. Compared to a 2. Vitter–#1577 or 1578—moves trigger in when he left to the Secretary of State’s lot of other issues, it has been a longer Corker-Hoeven before RPI position. I can’t think of a person who time. But most of the time has been 3. Vitter—Strike Amnesty (#1474) came to the Senate who has been so 4. Vitter—Voter Integrity Protection Act warmly received so quickly. spent delaying actual debate and con- (#1290) sideration of amendments, while Mem- Senator HARRY REID made the com- 5. Vitter—Child Tax Credit (#1289) ment that it is rare for a new Mem- bers craft a grand bargain compromise 6. Vitter–1473—no RPI status for convicted behind closed doors. Of course, that has drunk drivers ber—just 6 months of seniority—to get been adopted at this point in the proc- 7. Vitter–1445—WIRE Act a standing ovation at his caucus lunch. ess. 8. Vitter—Sanctuary Cities 1291 MO COWAN got two yesterday, which I Unfortunately, it appears this bill 9. Vitter—VAWA 1330 think is a tribute to the fact that we has been precooked, deals have been 10. Inhofe–1560—Zadvydas, detention for enjoyed his service and value his made, and apparently having an open longer than six months friendship, and will remember him for debate on amendments to the bill isn’t 11. Sessions–1607—interior enforcement his fine representation of the Common- 12. Lee–1593—permits CBP agents to access wealth of Massachusetts. part of that deal on any more than the federal lands for immigration enforcement few amendments we have discussed— activities. Mo Udall, a wise and witty longtime particularly those amendments that 13. Lee–1210—absconders don’t get RPI member of this Senate, famously said could substantively change the under- 14. Lee–1214—no sworn affidavits that once politics gets in your blood, lying bill for the better. So we get the 15. Wicker 1606—sanctuary cities the only cure is embalming fluid. impression that, sorry, the kitchen is 16. Fischer 1594—English at RPI There is a lot of evidence to support closed. 17. Cruz–1579—replace title I with beefed up that idea. But another MO—Senator MO What has happened? We are supposed border security measures COWAN—is an exception to the rule. to be the most deliberative body in the 18. Cruz–1580—Obamacare defunding if peo- When he was appointed 5 months ago world. We pride ourselves on that. But ple are in rpi status. to fill the seat vacated by Secretary of 19. Cruz–1581—proof of citizenship to vote now we are going to rely on the House 20. Cruz–1583—no citizenship State John Kerry, Senator COWAN said of Representatives to do our job to be 21. Cruz–1584—no benefits he was happy to serve his State—but deliberative and to fix this legislation. 22. Cruz–1585—H–1B increases only a new Senator could be elected to I have great hopes when this process is 23. Cruz–1586—numerical limitations on finish Secretary Kerry’s term in this done through conference that I can permanent residents Senate. vote for a bill that will go to the Presi- 24. Cornyn—1622—Strike RPI eligibility for Well, yesterday Massachusetts voters dent of the United States. domestic violence, child abuse, and drunk went to the polls to choose that new As I have said before, the Judiciary driving offenders; require interviews of Senator. I look forward to Senator ED criminals and previously deported Committee markup was full and open, MARKEY joining this body very soon. 25. Cornyn–1619—Allow for national secu- and I have complimented Chairman rity and law enforcement application infor- For now, I want to take a moment to LEAHY many times on that point. It is mation sharing; thank MO COWAN for his service to his too bad that process couldn’t have been 26. Cornyn—Human Smuggling State, this Senate and our Nation. carried out here on the floor of the 27. Toomey—increase W guestworkers Senator COWAN has served with wis- Senate. 28. Portman–1634—E verify dom, courage and civility. He has made

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5235 friends and allies on both sides of the and later promoted him to chief of There have been periods in history aisle—no easy feat. staff. where we have excluded people from I have to confess, I was probably pre- When Governor Patrick approached certain countries and excluded immi- disposed to like Senator COWAN be- Senator COWAN about serving as Massa- grants in general. There were other pe- cause of his sartorial style. The last chusetts’ junior Senator until yester- riods where we couldn’t wait to get the Senator to wear a bow-tie so regularly day’s special election could be held, cheap labor from anyplace in the world was my dear friend and political men- Senator COWAN tried to persuade the to build this great Nation. We have had tor, Paul Simon. Governor to choose someone else. real mixed feelings when it comes to More admirable than Senator Thank goodness he lost that debate. immigration. COWAN’s sense of style, however, is his MO COWAN is a young man—espe- The sad reality is for 25 years our im- sense of fairness and decency and cour- cially by Senate standards—just 44 migration laws haven’t worked well. age. years old. He was born on April 4, 1969. The estimate is we have about 11 mil- He has co-sponsored important bills He came into this world 1 year to the lion undocumented people living in including the Paycheck Fairness Act, day after Dr. Martin Luther King died. America. I have come to know many of the Violence Against Women Reauthor- With his appointment to the Senate, them. They are not who you think they ization Act, the Employment Non-Dis- Senator COWAN became the eighth Afri- are. Many of them turn out to be the crimination Act, and the Safe Chem- can American ever to serve in this mothers in a household where the fa- ical Act. body. He and Senator SCOTT made his- ther and all the kids are American citi- In the wake of the terrible murders tory—the first time that two African zens. Many of them turn out to be the of 20 little children and their teachers Americans had ever served in this Sen- people who sat down next to you in in Newtown, CT, Senator COWAN voted ate at the same time. church. They are the ones who, inci- for sensible regulations to help keep I think Dr. King would be pleased dentally, cleared your table at the res- weapons of war out of the hands of that we have made progress, but he taurant. They are making the beds in criminals and those with serious men- would also remind us that we still have your hotel room for the next morning. tal illness. a long way to in achieving a Senate They are watching your kids in He voted for a budget resolution that that better reflects the American peo- daycare. And they are taking care of would enable us to continue reducing ple, and he would be right. your mom at the nursing home. These the Federal deficit while still, meeting I might add that the Supreme Court’s are the undocumented people of Amer- our obligations today and investing in ruling yesterday striking down parts of ica, many of them just asking for a a secure future. the Voting Rights Act means we may chance to be part of this American I am particularly grateful to Senator have to work even harder to make that family. This bill gives them a chance. COWAN for co-sponsoring a bill Senator possible. And I am committed to doing But it isn’t easy. They have to come ENZI and I have worked on for several so. forward and register with the govern- years and which this Senate passed. On the day that Senator COWAN was ment, tell us who they are, where they The Marketplace Fairness Act will give sworn in to this body, he said: Days live, where they work, and tell us States—if they wish to use it—a way to like today are what my mother spoke about their families. Then they have to collect sales and use taxes in Internet of when I was a kid, [and she said] that pay a fine of $500. That is the first in- purchases—taxes that are already owed if you worked hard and did the right stallment. Then any job they have, but rarely collected. Massachusetts things and you treated peoples well, they have to pay their taxes and sub- lost $268 million last year because of anything could happen. mit themselves to a criminal back- the inability to collect these taxes. Years from now, other mothers will ground check. He flew on Air Force One with Presi- teach that lesson to their sons and If that isn’t enough, we tell them we dent Obama and travelled to the Mid- daughters—and they will able to point are going to continue to monitor them dle East with a bipartisan group of to Senator COWAN as proof. over 10 years, watching them. During Senators to investigate the Syrian In closing I want to thank Senator that period of time they have to dem- civil war. COWAN’s wife Stacy and their young onstrate they are learning English. Senator COWAN has also been a dili- sons Miles and Grant for sharing so Then if they complete that 10-year pe- gent defender of the people of Massa- much of their husband and father with riod, they have a 3-year chance to be- chusetts. He and Senator WARREN have this Senate. come citizens. It is a 13-year process. worked especially hard to protect their To my colleague Senator COWAN: It Many of them have already been here State’s struggling fishing industry. has been a privilege to work with you. for 10 years or more. But if they are His service here was short, but his Mr. President, I ask how much time ready to travel down this long road— record is impressive. It is especially is remaining? and many are—at the end of the day impressive considering the fact that The PRESIDING OFFICER. Without their dream will come true. They will before he was sworn in as a Senator, objection, it is so ordered. be citizens in America. It is no am- MO COWAN had never held a single elec- The Senator has 6 minutes remain- nesty. They are going to pay a heavy tive position in his life. ing. price to make it all the way through WILLIAM MAURICE ‘‘MO’’ COWAN was Mr. DURBIN. Mr. President, what is those 13 years, but it gives them their born in a small rural town in North pending before the Senate is a piece of chance, and it makes us a safer Nation Carolina that he sometimes likens to history. For those who are witnessing knowing who they are, where they live, the old TV town of Mayberry. His fa- this debate—whether in the galleries or and where they work. ther died when MO was 16 years old. His at home on C–SPAN—you are watching We are going to tighten our system widowed mother raised MO and his sis- a debate on the floor of the Senate that so people applying for jobs in the fu- ters on the money she earned as a doesn’t happen very often. We are de- ture have to prove who they are—no seamstress, the equivalent of about bating the comprehensive immigration more phony Social Security numbers, minimum wage. reform bill. It is the first time in 25 no more phony IDs. There is going to MO COWAN graduated from Duke Uni- years we have tackled this issue. have to be real proof before you get a versity—the first person in his family If you look at the history of the job in America. to graduate from a 4-year college. He United States, you know right off the Approximately 40 percent came here earned a law degree from Northeastern bat we are a Nation of immigrants. My on a visitor’s visa and overstayed. If School of Law in Boston. mother was an immigrant to this coun- you came here on that visa, we are He earned a reputation as a very try. Many of us have immigrant par- going to track you into America and good lawyer and a mentor to other ents and grandparents and great-grand- out of America. The system is going to young lawyers in the Boston area, es- parents. That is who we are. We come be tough. pecially young lawyers of color. from all over the world to this great And when it comes to the border, Massachusetts Governor Deval Pat- Nation. But the history of immigration there is a difference of opinion between rick convinced Senator COWAN to join law will tell you that immigrants the Democratic side and the Repub- his administration as his chief counsel aren’t always well or warmly received. lican side of the aisle about how much

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5236 CONGRESSIONAL RECORD — SENATE June 26, 2013 to do. Well, we have made a dramatic to God we do during the course of this about one particular aspect of that bat- investment in border security between week—I pray that my colleagues over tle. It does indeed involve Maine and the United States and Mexico. In the in the House will accept their responsi- Alabama. It involves a man from Maine last 10 years we have increased the bility to this Nation to accept the need named Joshua Lawrence Chamberlain, Border Patrol between the two coun- for comprehensive immigration reform. who in 1862 was a professor of modern tries from 10,000 to 20,000. In many sec- I yield the floor. languages at Bowdoin College in tors we now have 97-percent effective- The PRESIDING OFFICER. The Sen- Maine. He was not a soldier, had no ness stopping those who try to cross ator from Alabama is recognized. history in the military, but decided the border. We are going to invest Mr. SESSIONS. Mr. President, I see that he had a vision of America and he 20,000 more workers on that border— Senator KING from Maine here. I will wanted to serve his country. 40,000 Border Patrol people. only talk for a minute. I will share He joined a volunteer regiment orga- People who have come to the floor some thoughts later about where I see nized in Maine in August of 1862 called critical of this bill say it isn’t enough. the difficulties with the immigration the 20th Maine regiment. They came I will have to tell you, for some of bill. down the east coast, up the Potomac to these folks it will never be enough. We I would say that for the vast major- Washington, and were immediately de- are going to put billions of dollars into ity of the people who will be legalized ployed to Antietam in September of making that border safe and reducing, or who will be coming into the coun- 1862—the bloodiest day in American if not eliminating, illegal immigration. try, businesses will be under no re- history. Fortunately for the 20th That is part of our promise in this bi- quirement to hire Americans first. Maine, they were held in reserve that partisan agreement that was reached. That is not accurate, and it is a cause day. They did see action over the I have been fortunate to serve with of concern for me. course of the fall and early winter at the so-called Gang of 8, four Democrats FAREWELL REMARKS the Battle of Fredericksburg. Then, and four Republicans. We have sat I wish to share some brief remarks. I along with 2 great armies, they headed across the table for 5 months now, 30 know we have a lot to do, but I was north into the State of Pennsylvania. different sessions, working out all the here to hear Senator COWAN’s farewell Mr. President, you are going to have details, and we have come up with an remarks to us. They were delivered elo- to bear with my cartographic skills. I agreement—a good bipartisan agree- quently and effectively, with integrity think it would be helpful if we can see ment that is finally going to move us and graciousness and a sense of purpose what happened. It is easy to draw Vir- forward. that I found impressive. I think all of ginia because it is a big triangle, so I might add one footnote. Twelve us have found him impressive, getting this is Virginia. Here is the Maryland- years ago, I introduced a bill called the to know him. I heard him share his Pennsylvania border. DREAM Act, and said children brought background recently, how he came to In the early summer of 1863, two to this country deserve a special this position. He does so with a con- great armies snaked north out of Vir- chance to become citizens. They didn’t stancy of purpose and clear vision for ginia. Lee’s Army of Northern Virginia do anything wrong. They didn’t break what he believes is right. He has been came up the west side of the foothills any laws. They were 2 and 5 and 10 raised right, and he reflects those val- of the Appalachians and into Pennsyl- years old. They were brought here by ues and has done so in the Senate. vania, shadowed by Meade’s Army of their parents. They deserve a chance. It is a pleasure for me to have had the Potomac, both 90,000 men. Meade This bill is the strongest bill ever the opportunity to get to know him. I was leading the way into Pennsylvania brought to the floor of the Senate when would just say it must be a special without a particular destination but a it comes to the DREAMers. I am proud thrill for him to be able to, all of a sud- desire to engage the Federal Army in of that. I am happy these young people den, find himself, as he said so nicely, one climactic battle which he thought will finally get the chance to prove in the U.S. Senate without having to correctly could have ended the Civil themselves, as I am sure they will, campaign, raise money, or otherwise be War. when it comes to the future of this in that position. Nobody knows exactly why on July 1 country. He served his State with skill and of 1863 those two armies collided in the There are lots of other provisions. dedication. It is a pleasure to have little town of Gettysburg. There is a Never take for granted that the fruits served with him. I wish him Godspeed rumor that there was a shoe factory and vegetables on your table appear in his future endeavors. there and that the southern Army was magically. They are picked, and many I understand the Senator from Maine going to go and requisition those shoes. of them are picked by foreign workers, is going to share with us some valuable For whatever reason, the two armies migrant workers. We have an agri- history today. Maybe a connection be- met in this little town of Gettysburg, culture worker section here, which is tween Maine and Alabama might even PA. One of the interesting things about important for the future of our agricul- be mentioned. the battle was that Lee’s army had al- tural economy. We have a section when I yield the floor. ready gotten almost to Harrisburg and it comes to the talented people we The PRESIDING OFFICER. The Sen- came down into Gettysburg. The Union want to keep in the United States once ator from Maine is recognized. Army was coming up the Taneytown educated here, and those we can bring Mr. KING. Mr. President, I rise in Road from Washington and from the in to help create jobs in our country. morning business, and I request unani- south, and they came in in this direc- But the first rule in this bill, and the mous consent for 15 minutes for re- tion. So at the Battle of Gettysburg, one I insisted on: Every job has to be marks. the southern army came in from the offered to an American first. With our The PRESIDING OFFICER. Without north, and the northern army came in unemployment, that is the starting objection, it is so ordered. from the south. point, and it is included in this bill and BATTLE OF GETTYSBURG On the first day of the battle, there it should be. Mr. KING. We all know that next was a standoff. They met almost by ac- There are parts of this bill I don’t ap- Thursday, a week from tomorrow, is cident in this town. There was fierce plaud or necessarily endorse, but it is our Nation’s most important anniver- fighting in the streets of Gettysburg, the product of a compromise. We are sary—July 4, 1776, the birthday of the in the south of the town, and it was es- not only proving to this Nation that we country. But Tuesday, July 2, is also sentially a draw. can address the biggest issue in our one of our most important anniver- At the end of the day on July 1—and heritage, we are trying to prove to this saries because July 1, 2, and 3 are the the word flashed back to both armies Nation this Chamber—this Senate—can days the Battle of Gettysburg oc- that this was it. This was the con- go to work, roll up its sleeves, and get curred. That was probably the defining frontation, and reinforcements came in something done on a bipartisan basis. event in the history of this country. It from both lines of march to meet at There will be some ‘‘no’’ votes, but is especially important this year be- this little town. the test votes we have had so far show cause it is the 150th anniversary of the What happened on the second day a strong bipartisan majority to move Battle of Gettysburg. What I would was that on the morning of the second forward. If we get it done—and I hope like to do is share a few moments day the Union troops—again, if this is

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5237 the town up here, the Union troops A good shooter in the Civil War, a good Maine. The 15th Alabama for the first ended up on a hill called Culp’s Hill and handler of a rifle, could get off four and only time in the Civil War was so then in a long line to the south, along shots a minute. shocked by this technique that they an area that was an old place where I want you to think of yourself, Mr. turned and ran, and the 200 boys from they buried people. Of course, that is President, at the top of that hill with Maine—and I say 200 but at the begin- Cemetery Ridge. the 15th Alabama coming up. You take ning of this action there were over 300; On the other side, the Confederates— aim with your rifle and shoot—bang. they lost 100 to casualties and death— and interestingly enough, throughout You are now prepared to shoot a second captured 400 or 500 Confederates with American history red markers rep- time. That period until that sound—it no bullets in their guns. resent the Confederates and blue the felt like an eternity—was 15 seconds. Chamberlain tried to call his men Federals—the Confederates ended up on That is how long it would take to re- back. They said, ‘‘Hell no, General, we a long ridge that ended up down this load and get another shot. That is why are on our way to Richmond.’’ way, with about a mile apart, and over in this situation the charge came clos- I tell this story because it is a story here was a place where they trained er and closer. of extraordinary bravery. By the way, people to be preachers. That, of course, By the third and fourth charge, it be- Chamberlain received the Congres- is Seminary Ridge. So generations of came hand-to-hand combat. sional Medal of Honor for his bravery sixth graders have been—Seminary I should say, by the way, as I men- and creativity that afternoon on that Ridge over here, Cemetery Ridge over tioned, that Joshua Lawrence Cham- little hill in Pennsylvania. But I tell here—generations of sixth graders have berlain was not a soldier by trade; he the story because it is a story of our been confused by this, but it is ‘‘Ceme- was a professor at a little college. He country and it is a story of how a sin- tery’’ where the Union was and ‘‘Semi- spoke 10 languages in 1856. But he had gle person’s actions and bravery can nary’’ where the Confederate troops a deep vision for the meaning of Amer- have enormous impact. Historians were. ica, and he had a deep concern about argue about whether this was really About the second day of the battle, a the issue of slavery. the key turning point, was there some- Union general noticed there was a When he was a student at Bowdoin in thing else, was it some other regiment small hill down at the bottom of the the early 1850s, a young professor’s wife at another place, but an argument can entire line of Union troops that was was writing a book, and he sat in the be made that this college professor unoccupied by either side. He also im- living room of this professor and lis- from Maine saved the United States. mediately realized this could be the tened to her read excerpts from this The defining moment for our country most important piece of property in book, and the book turned out to be was that hot afternoon in Pennsyl- the entire battlefield because it had an probably the most influential book vania, July 2, 1863. I believe it is one of the great stories elevation that looked up the entire ever published in America. It was of American history. In fact, the story Federal line and it anchored the Fed- called ‘‘Uncle Tom’s Cabin.’’ It de- of Chamberlain and Little Round Top eral line. scribed for people in the country the The Union general grabbed the near- evils of slavery. Indeed, when Abraham is taught in Army manuals to this day est officer near him and said: We have Lincoln met Harriet Beecher Stowe as a story of leadership, creativity, per- to occupy that hill immediately. The and shook her hand, he said, ‘‘I am severance, courage, and devotion to God and country. fellow’s name was Strong Vincent, was shaking the hand that started the Civil I hope all Americans will think about the officer from New York. Vincent War’’ because it lit the fuse that led to these moments, and thousands more the pressure that ultimately led to the grabbed two other regiments, New like them, as we celebrate not only the abolition of slavery. York and Pennsylvania, and then birth of our country next week, but In any case, four and then five Maine, the 20th Maine Regiment, and also the rebirth of our country in the 3 charges, and each time, the 15th Ala- they went to the top of this hill. days prior to July 4th. Joshua Lawrence Chamberlain had bama was repelled. But then they were I thank the Chair. only been the colonel of the 20th Maine gathering at the bottom of the hill for I yield the floor. for about a month. He was in charge of the final assault late in the day, a hot The PRESIDING OFFICER. The Sen- 358 men. Vincent took him to the ex- afternoon, July 2, 1863. The problem ator from Wyoming is recognized. treme left flank of the Union Army, of was, for Chamberlain, his men were out Mr. BARRASSO. Mr. President, I ask this little hill, which is called Little of ammunition. They each had been unanimous consent to speak as if in Round Top. issued 60 cartridges at the beginning of morning business. We had Pennsylvania, New York, and the battle. They had all been fired dur- The PRESIDING OFFICER. Without Maine. Vincent took Joshua Lawrence ing those five assaults. He then had a objection, it is so ordered. Chamberlain to this point, and here choice to make as a leader. He had HEALTH CARE were his orders: three options: Mr. BARRASSO. Mr. President, we This is the extreme left flank of the entire One was to retreat—which is a per- have heard a lot of talk this week Union Army. You are to hold this ground at fectly honorable thing to do in a mili- about the big push by President Obama all hazards. tary situation, but his orders were to and his allies to promote the health ‘‘At all hazards’’—that means to the hold the ground ‘‘at all hazards’’ be- care law. We are less than 100 days out death. cause if he had not, if the Confederates from the implementation of that law. Almost immediately upon getting to had gotten around Little Round Top, People in Wyoming are already feeling the top of the hill, up came the 15th the entire rear of the Union Army the effects of the Democrats’ health Alabama—one of the crack regiments would have been exposed. care law. in Lee’s army—up the hill to try to dis- His other option was to stand and The law says employers with more lodge the 20th Maine. If you have not fight until overwhelmed. That would than 50 full-time employees have to been to Gettysburg, Little Round not have worked very well because it provide expensive, one-size-fits-all Top—if God were going to build a for- would have only delayed them for a few health insurance. Employers all across tress, it would look like Little Round minutes. the country are cutting full-time work- Top. It is steep, rocky, with lots of Instead, he chose an extraordinary ers back to part-time status and cut- places to be behind, and indeed Cham- option that was very unusual even at ting their shifts to less than 30 hours a berlain took maximum advantage of the time. He uttered one word, and the week. Thirty hours a week is the cutoff that. As the charge came, they were word was ‘‘bayonets.’’ There is a dis- point to be considered a full-time able to repel it. pute in history whether he also said worker under the Democrats’ health A half hour later or so, the Alabam- ‘‘charge’’ and what his actual order care law. ians came again. They were pushed was, but everybody agrees he uttered As a result of the Democrats’ health back. They came again and were the word ‘‘bayonets,’’ and his soldiers care law, we are starting to get stories pushed back. Each time they got closer knew what that meant, and down the like the one from the Rocket-Miner and closer to the top of the hill because hill into the face of the final Confed- newspaper in Rock Springs, WY, that of the nature of guns in the Civil War. erate charge came 200 crazy guys from came out yesterday.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5238 CONGRESSIONAL RECORD — SENATE June 26, 2013 The subheadline is ‘‘School district policies of Washington Democrats. they become about how this law will looks at coverage, worker options,’’ Then they get hit a second time with affect their care, their jobs, their pay- and that is under the headline of this terrible health care law. This checks, and their privacy. ‘‘Health Care Reform.’’ health care law cuts back their hours When Democrats in Washington Here is what the article says: and cuts their paychecks even more. pushed their health care law through More than 500 employees working for I want to make one more point about Congress, they were not honest with Sweetwater County School District No. 1 the health care law. This headline is the American people about any of these could see a reduction in their paychecks for from the front page of this morning’s negative effects. The American people the upcoming school year. Investor’s Business Daily, June 26, 2013. deserve better. The district may reduce hours for part- It says: ‘‘Privacy Falls Victim To I yield the floor. time employees to exempt it from covering ObamaCare Hub.’’ Ms. MIKULSKI. Mr. President, I them on its insurance plan under President come to the floor to speak on the bill Barack Obama’s Patient Protection and Af- The hub they are talking about is the fordable Care Act. database of information about people that is before us, the Comprehensive Immigration Reform Bill. No matter This is the Rocket-Miner newspaper that was created by this health care what side of the aisle you are on, we in Rock Springs, WY, Tuesday, June 25. law. It was created so Washington can all agree that our current system The article goes on to explain that could figure out who has health insur- is not working, and it is in need of the school district has more than 500 ance and who might qualify for sub- reboot and reform. I believe that the employees who are working between 30 sidies under the law. With this data bipartisan approach taken in this bill and 34 hours a week. Those are the peo- hub Washington bureaucrats are going gives us an opportunity to address this ple that the health care law is threat- to have access to a huge amount of per- issue in a thoughtful manner. I thank ening the most. The article goes on to sonal information about people all the drafters of this bill for their hard say these workers ‘‘are likely to see across the country. work and tireless advocacy; I also their hours decreased by up to five Here is what the article says: thank Chairman LEAHY and the Major- hours.’’ So they will be cutting the The ObamaCare hub will ‘‘interact’’ with ity Leader for the open and trans- hours of workers from 34 hours and get- seven other federal agencies: Social Security Administration, IRS, Department of Home- parent process that this bill has under- ting them down to 29 hours. land Security, Veterans Administration, Of- gone. It quotes the school board chairman fice of Personnel Management, Defense De- I have three principles on immigra- saying that the huge chunk of money partment and—believe it or not—the Peace tion reform: we must protect our bor- it would need to provide Washington- Corps. It also will plug into state Medicaid ders, protect American jobs, and re- approved insurance for everyone would databases. ward those who play by the rules. And have to come out of classrooms and So what does the hub want to include I believe that this carefully drafted and other essentials. Taking money out of in all of this? Well, the article goes on negotiated bill meets all of these classrooms and other essentials, he to say that the hub will store ‘‘names, metrics. In addition to an accountable says: ‘‘We are talking about hundreds birth dates, Social Security numbers, path to citizenship for the undocu- of thousands of dollars.’’ taxpayer status, gender, ethnicity, e- mented population currently in the Well, maybe hundreds of thousands of mail addresses, phone numbers on mil- U.S., the bill also includes new re- dollars isn’t a very impressive amount lions of people expected to apply for sources to secure our border and puts to Washington Democrats, but for a coverage via ObamaCare exchanges.’’ forth a rational approach to future small school district in Wyoming, that That is just part of it. They are also legal immigration to the U.S. While I is a big hit to their budget. It is a lot going to have ‘‘tax return information do not agree with every part of this of pain that the law is inflicting on from the IRS, income information from bill, I believe that the compromises those teachers and on those students. Social Security Administration, and fi- that were made are fair. In passing this So for the employees who are going to nancial information from other third- bill, we do what is right for our econ- see their hours cut from 35 hours to party sources.’’ omy, and we do what is right for our fewer than 30 hours, the Democrats’ The article says Washington ‘‘will society. health care law is hitting their pay- also store data from businesses buying This bill makes important reforms checks, and hitting it hard. coverage via an exchange, including a across the board, but I want to focus on Well, that was yesterday. Today in ‘list of qualified employees and their a few that are of particular importance the Gillette News Record, Kathy Brown tax ID numbers,’ and keep it all on file to Maryland. The seafood industry is wrote: ‘‘School trustees consider for 10 years.’’ the lifeblood of Maryland’s Eastern changes with ObamaCare.’’ Here is In addition, the article goes on to Shore. It is also a traditional industry what they say in Campbell County: say: that is adapting in today’s world. They About 200 part-time positions could be af- The Federal Government also can disclose rely on H–2B workers to keep their fected. It does mean the district must track this information— businesses running when American the hours of employees much more closely, and consider what to do with 320 substitute We are talking about citizens’ pri- workers are unavailable. I have con- teachers, 27 substitute bus drivers, 23 coach- vate information turned over to the sistently fought for an approach to the es, eight temporary and four summer-only government, and the government ‘‘can H–2B program that recognizes that one employees. disclose this information ‘without the size does not fit all, protects the wages Before the July 17 meeting, school officials consent of the individual.’ ’’ They ‘‘can and jobs of all workers, and provides will try to provide information to trustees disclose this information ‘without the the certainty that small businesses on hours and possible costs. consent of the individual’ to a wide need to survive. This bill includes im- ‘‘This is a paperwork nightmare,’’ range of people, including ‘agency con- portant, tailored provisions that en- says one of the trustees. tractors, consultants, or grantees’ who sure the availability of the H–2B pro- She wondered if the district would have to ‘need to have access to the records’ to gram. The inclusion of the returning hire more employees just to do the paper- help run ObamaCare.’’ worker exemption, a provision that I work and tracking. So all of this personal, private infor- sponsored for many years, simply al- There are nearly 8 million people in mation is collected in one place, held lows workers who entered during this this country who are working part for 10 years, and made available to bu- fiscal year not to be counted toward time because they cannot find full- reaucrats, contractors, and consult- the H–2B cap through 2018. This is a fix time work. These are not just numbers ants. that aids the small, seasonal businesses in a monthly unemployment report, This is just another terrible effect of that rely on these workers year after these are people all across the country the Democrats’ health care law. This is year, such as the crab-pickers on Mary- in towns such as Rock Springs and Gil- a law that American people are just land’s Hooper’s Island. lette, WY. They want to work and pro- starting to learn more about, and a law The bill also includes language that vide for their families, but they are that many of those who voted for it protects the wages of American work- suffering from the bad economic recov- didn’t even know what was in it. The ers while striking a balance with the ery which has been caused by the failed more people learn, the more worried needs of employers. It adds crucial

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5239 worker protections by providing for Currently, the H–2A program assists turn requirements as other non- transportation costs for H–2B workers, employers and foreign workers with immigrant agricultural workers. mandating that employers are respon- visas to perform temporary and sea- As a result, the H–2A sheepherder sible for fees, and requiring that Amer- sonal agricultural labor. The most program has operated successfully with ican workers not be displaced. The H– common form of agricultural visa is for little change from when it first started. 2B program is far from perfect—and it seasonal work in harvesting, planting, Currently, the special procedures fall could benefit from improvements—but or maintaining crops. Workers usually under the authority of the U.S. Depart- its availability is vital to many busi- get visas to the United States to per- ment of Labor and have continued to nesses. It is our job to make sure that form work for several months and then largely reflect the unique needs of it works for all. return to their home nations. However, sheepherders and other special proce- Tourism is vital to Maryland’s econ- Congress and the administration for dure occupations. omy, and programs like the Visa Waiv- decades have recognized a special seg- That is why I am pleased this immi- er Program ensure our friends and al- ment of temporary agricultural work- gration bill includes language which lies around the world are able to visit ers which are distinct from the others, authorizes special procedures for these our State. Each year, the Visa Waiver particularly those industries within ag- very agricultural occupations. Section Program allows 16 million tourists to riculture which require workers for 2232 of the legislation creates the new visit the United States and spend more longer periods because of the unique nonimmigrant agricultural worker pro- than $51 billion, while supporting half a work they perform. Under the existing gram. Within that section 218(A)(i) au- million jobs. This bill includes impor- H–2A program, these occupations are thorizes ‘‘special nonimmigrant visa tant provisions to expand the Visa recognized by special procedures which processing and wage determination Waiver Program that I have long allow employees to meet the needs of procedures for certain agricultural oc- the specialized industries they serve. fought for. These provisions give dis- cupations’’. Those occupations include Occupations which serve the livestock cretion to the Secretary of Homeland (A) sheepherding and goat herding; (B) industry are examples of agricultural Security to include countries that itinerant commercial beekeeping and jobs that require temporary work for meet strict security requirements, pollination; (C) open range production longer periods of time. Herding and while also protecting our borders and of livestock; (D) itinerant animal managing livestock is an inherently creating jobs in the tourism industry. shearing; and, (E) custom combining different type of work than that which New national security requirements industries. This is an important step is performed by other temporary agri- mean stronger passport controls, bor- forward in making sure that the non- cultural workers. In many cases, those der security, and cooperation with immigrant sheepherders and workers working as temporary foreign workers American law enforcement. in other special occupations can con- in livestock related occupations often The current system punishes our al- tinue to enter our country and work in have rich cultural histories and family lies—and that is what is happening these unique temporary agricultural ties to herding which allow them to with our close friend Poland. Poland jobs. has been a longtime friend to the U.S. bring their unique experience to the Particularly important is that the and has stood with us in Iraq and Af- United States and make significant bill provides these special occupations ghanistan, fighting and dying alongside contributions to our livestock indus- with unique rules on work locations, Americans. But Polish citizens cannot try. and housing. This is because unlike the visit the U.S. without a visa. Expand- This inherent challenge is evident in typical temporary nonimmigrant agri- ing the Visa Waiver Program to Poland the special procedures which manage cultural jobs performed in the United alone could mean $181 million in new nonimmigrant sheepherders in the ex- States, the special procedure occupa- spending and could support 1,500 new isting H–2A program. For over 50 years, tions operate in unique conditions. For jobs. The expansion of the Visa Waiver temporary nonimmigrant agricultural example, sheepherders may work alone Program is good for national security workers have been coming to the or in teams monitoring animals graze and economic development and helps United States to work as herders in the in remote areas where mobile housing our most trusted allies. sheep and goat industry. Over all these Now is the time for comprehensive decades, Congress has recognized the is required. For sheepherders, mobile immigration reform. Immigrants are special nature of the sheepherding pro- sheep wagons serve as both a historical part of the fabric of our country, and gram in immigration law. At this time, symbol and functional shelter from the we all benefit from an approach that I ask unanimous consent that the fol- elements of the range where teams of recognizes these contributions while lowing letters dated July 28, 1987, from sheepherders prepare meals, bunk, and ensuring that our laws are followed and U.S. Senator Al Simpson and the re- keep supplies for livestock. By includ- respected. This bill does that, and I sponse from Immigration and Natu- ing the housing language in this sec- look forward to supporting its passage ralization Service, INS, Commissioner tion, Congress clearly intends that tra- here in the Senate. Alan Nelson dated November 4, 1987 be ditional uses of these housing units Mr. ENZI. Mr. President, I rise to printed in the RECORD at the conclu- continue for special procedure occupa- speak about the special procedures for sion of my remarks. tions. certain nonimmigrant agricultural In this exchange, Senator Simpson, I have expressed concerned in recent workers included in the underlying im- serving as the chairman of the Judici- years about efforts by the U.S. Depart- migration bill. I have thoughts about ary Subcommittee on Immigration and ment of Labor to avoid consulting the overall immigration bill which I a primary author of the Immigration stakeholders when drafting new poli- will share later, but at this time I want Reform and Control Act of 1986, wrote cies for special procedure occupations. to focus on a specific provision in the the administration expressing the con- Bypassing stakeholders has confused underlying substitute amendment. tinued intent of Congress that the employers and employees and led to a Many farmers and ranchers in this agency and its rules reflect the histor- number of inconsistent enforcement country will tell you that they need re- ical arrangement that sheepherders actions by agency personnel. liable, dedicated, and experienced em- had within the H–2A program. Senator I ask unanimous consent that the ployees to make their operation suc- Simpson highlighted specifically the letter I sent to the Department of cessful. This could mean contracting fact that sheepherders should not be Labor on November 14, 2011, as the with seasonal workers to help a farmer subject to the same return require- ranking member of the Senate Health, harvest row crops or for my colleague, ments as other nonimmigrant tem- Education, Labor and Pensions, HELP, Chairman LEAHY, it could mean finding porary agricultural worker programs. Committee as well as the response I re- employees to milk and move cows on In its response, the Immigration and ceived on February 2, 2012, from De- dairy farms in Vermont. Agricultural Naturalization Service recognized the partment of Labor Assistant Secretary labor in this country comes from a va- uniqueness of the sheepherder program, Jane Oates be printed in the RECORD at riety of places, and an important its effectiveness operating under these the conclusion of my remarks. You will source is from temporary and seasonal special procedures, and sheepherders note that previous practice afforded foreign workers. should not be subject to the same re- the Secretary some discretion in how it

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5240 CONGRESSIONAL RECORD — SENATE June 26, 2013 consults with special procedure stake- U.S. DEPARTMENT OF JUSTICE Although several of the changes create sig- holders—specifically, that the ‘‘admin- IMMIGRATION AND NATURALIZATION nificant challenges, those concerning sleep- istrator may consult with affected em- SERVICE, ing units and variances are creating the one of the most alarming negative impacts on ployer and worker representatives.’’ I Washington, DC, November 4, 1987. Hon. ALAN K. SIMPSON, livestock producers. Guidelines concerning am pleased that this bill includes text U.S. Senate, Washington, DC. the use of mobile housing for open range oc- which requires that agencies ‘‘shall’’ DEAR SENATOR SIMPSON: This is in response cupations have remained unchanged for 22 consult with employer and employee to your letter of July 28, 1987 concerning the years. A separate sleeping unit has been un- representatives and publish for notice interim H–2A rule that requires that a per- derstood to be a bedroll/sleeping bag, bed, and comment regulations relating to son who holds H–2A status for three years cot, or bunk. However, the latest TEGL ref- the implementation of the special pro- must remain abroad for six months before he erences the term ‘‘housed’’ in regards to sleeping unit and adds a three day consecu- cedures. This is an important step in can again obtain H–2A status. You indicated this would be detrimental to the sheep indus- tive limitation for employees sharing a mo- ensuring that both employers and em- try, and that in promulgating the H–2A pro- bile housing unit on the range, such as a ployees are heard in the rulemaking gram Congress intended that the sheepherder sheep wagon. This seems to imply that a sep- process and their concerns are reflected program continue under the prior conditions. arate sleeping unit is to include a separate in agency guidance. This consultation Persons admitted as H–2 nonimmigrants ‘‘housing unit.’’ Not only is the guideline in- will help avoid future confusion have traditionally been limited to stays of consistent with previous standards but when no more than three years. The interim rule interpreted strictly proves impractical for amongst the parties, ensure that poli- many employers. The resources necessary to cies practically serve the program, and to which you referred, found in 8 CFR 214.2(h)(3)(viii)(C), was an attempt to move and secure multiple housing units in that there can be an end to incon- strengthen this limitation to ensure that remote areas of range would not only hinder sistent enforcement actions. persons who hold H–2A status are non- herding operations but could also prove to be immigrants, and are not using the status as dangerous in adverse weather conditions or Mr. President, the occupations rep- during the shorter hours of daylight associ- resented by these special procedures quasi-permanent residence. Our concern was the practice of employing an individual as an ated with the winter months. may affect only a few specific indus- H–2A for three years, sending him abroad H–2A employers engaged in sheep herding tries but play an important role in pro- solely for the purpose of obtaining a new activities want to provide safe workplace tecting the future of American agri- visa, and then bringing him back to the conditions for their employees. However, culture. I am pleased the immigration United States. Such actions do not con- when Department guidelines are vague, in- bill allows occupations such as sheep- stitute a meaningful interruption in employ- consistent or made without stakeholder input—challenges are due to arise that could herding to operate under the new pro- ment in the United States, and turns H–2A nonimmigrant status into quasi-permanent adversely impact the industry and its em- gram as it has operated for the past 50 ployees. There is also ongoing concern about years. In addition, I am pleased that residence, while leaving control over the alien’s immigrant status with the employer. enforcement activities by the Department. the legislation recognizes a specific We recognize that the prior H–2 sheep- Instances of inconsistent interpretations of need to address the unique wage, hous- herder program worked effectively for the guidance have been reported that concerns ing, and operational components of the sheep industry. The administration has al- both long-standing policies and guidance re- special procedure programs. Finally, it ready recognized the uniqueness of this pro- sulting from the 2011 TEGLs. In the case of guidance that pre-dates the 2011 TEGLs, is vital that rulemaking requires agen- gram through special provisions in the De- partment of Labor temporary agricultural there have been instances in which employ- cy consultation with stakeholders ers are challenged for practices that are con- when drafting policies for the special labor certification process. Based on your statement regarding the intent of Congress sistent with state standards for their occupa- procedure program. I thank the spon- regarding this program, in the final H–2A pe- tion and in areas where the Department is to sors of this bill for their work on this tition rule we will include a similar provi- provide deference to state workforce and em- section. sion, and not require a six month absence ployment requirements. Additionally, there has been a great deal of after a sheepherder has been in the United There being no objection, the mate- confusion over the revision of the require- States for three years. ments for variances by the 2011 TEGLs. In rial was ordered to be printed in the Sincerely, the past, operators were able to file a vari- RECORD, as follows: ALAN C. NELSON, ance once with their appropriate state de- U.S. SENATE, Commissioner. COMMITTEE ON THE JUDICIARY, partment of workforce and employment with no need to file additional variances for Washington, DC, July 28, 1987. U.S. SENATE, herding activities. However, the new guid- Hon. ALAN NELSON, Washington, DC, November 14, 2011. ance requires variances to be filed every year Commissioner, Immigration and Naturalization Re Changes in the Special Procedures for the and can be applied to only extremely limited Service, Washington, DC. H–2A Program situations. This change limits flexibility for DEAR AL: I am writing to comment on the Hon. HILDA L. SOLIS, employers to best serve the needs of their Immigration Service’s interim final regula- Secretary of Labor, U.S. Department of Labor, employees and creates impractical con- tions regarding the H–2A program, as they Washington, DC. sequences for a number of range operations. would affect the sheepherding program. DEAR SECRETARY SOLIS: I write to respect- I encourage the Department to consider re- Congress clearly intended that the sheep- fully request the Department of Labor recon- turning its policies to allow for variances to herding program be allowed to continue in sider several of the recent changes it made be filed once for activities recognized by the its present form and under its present condi- to Special Procedures for the H–2A Program. special procedures and to remove the time tions. This was actually explicitly stated in Although there are some positive changes, limit that has been imposed on variances. previous Senate versions of the Immigration which are well intentioned, there are several Thank you for considering this request and Reform and Control Act. I am now concerned that will have serious adverse impacts on H– these comments regarding the Special Proce- that the proposed regulations might not ful- 2A employers. Specifically, I am concerned dures for the H–2A Program. Again, I encour- fill congressional intent in this area. that the Department of Labor continues to age the Department to allow greater stake- make these changes with little or no input holder participation in future changes to the I understand that the interim final INS from stakeholders and offers little clarifica- special procedures. I look forward to the De- regulations require all H–2A workers to re- tion as to how the guidance will be enforced. partment’s response on this matter. turn home for a minimum of 6 months after Several Training and Employment Guid- Sincerely, residing in the U.S. for a period equal to ance letters (TEGLs) were issued June 14, MIKE ENZI, three labor certifications. Under present 2011 and published in the Federal Register on United States Senator. practice, there is no such requirement in the August 4, 2011 in accordance with 20 CFR H–2 sheepherding program. While I under- 655.102. Special procedures under this section U.S. DEPARTMENT OF LABOR, stand the reason for a ‘‘six month return’’ are designed to provide the Secretary of Washington, DC, Feb. 2, 2012 rule in other occupations, present practice Labor with a limited degree of flexibility in Hon. MICHAEL ENZI, allows a much briefer time outside of the carrying out the responsibilities of the Im- U.S. Senate, U.S. after three labor certifications for migration and Nationality Act (INA). How- Washington, DC. sheepherders. I suggest that current practice ever, the guidance issued under these TEGLs DEAR SENATOR ENZI: Thank you for your be continued in this area. in 2011 deviates significantly from past inter- letter to Secretary of Labor Hilda L. Solis Thank you for your attention and assist- pretations of employment guidelines, was requesting that the Department of Labor ance. With best personal regards, written devoid of stakeholder input and (Department) reconsider the recent changes Most Sincerely, causes several significant challenges for the made to Special Procedures for the H–2A ALAN K. SIMPSON, employers in the open range livestock indus- Program through the Training and Employ- United States Senator. try. ment Guidance Letters (TEGL) published in

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5241 the Federal Register on August 4, 2011. The date of work, the Department believes em- No. 2, the full deployment of the com- TEGLs updated special procedures pre- ployers likewise have sufficient time to plan prehensive southern border security strat- viously established under the H–2A Tem- and arrange for the provision of sleeping egy, which requires the Department of porary Agricultural Program for occupations units for its workers. Where it is temporarily Homeland Security to conduct surveillance such as sheep and goat herding to reflect or- impractical to set up a separate sleeping of 100 percent of the southern border region. ganizational changes as well as new regu- unit which would result in more than one No. 3, DHS completion of the southern bor- latory provisions contained in the Tem- worker having to share a bed, cot or bunk, der fencing strategy, which includes at least porary Agricultural Employment of H–2A the revised special procedures defined ‘‘tem- 700 miles of pedestrian fencing along the Foreign Workers in the United States (H–2A porary’’ as no more than three consecutive southern border. Final Rule) published by the Department on days to ensure workers promptly receive the No. 4, implementation of a mandatory em- February 12, 2010. Your letter has been re- housing benefits they are entitled to under ployment verification system for all employ- ferred to my office for response. The Employ- the H–2A Program. ers, known as E-Verify, which will prevent ment and Training Administration is respon- In your letter you also state that the new unauthorized workers from obtaining em- sible for administering foreign labor certifi- guidance departs from the previous practice ployment. cation program through the Office of Foreign of allowing employers to file a housing vari- No. 5, implementation of an electronic exit Labor Certification (OFLC). ance request only one time with the appro- system at air and sea ports of entry that op- In your letter you state that even though priate State Workforce Agency. Though the erates by collecting machine-readable visa there were some positive changes set forth in new guidance continues the practice of al- or passport information from passengers of the TEGLs, the Department continues to lowing employers to submit a written re- air and vessel carriers. make changes with little or no input from quest for a housing variance, the Depart- These enforcement improvements stakeholders and offers little clarification as ment’s requirement has remained consistent build upon the Department of Home- by stipulating that ‘‘When filing an applica- to how the guidance will be enforced. Of par- land Security’s substantial progress in ticular importance, you cite changes per- tion for certification, the employer may re- quest a variance from the separate sleeping securing and managing our borders. taining to sleeping units made available to Over the past several years, DHS has workers and to the variance procedure pre- unit(s) requirement to allow for a second viously required of employers when peti- herder to temporarily join the herding oper- deployed unprecedented amounts of tioning for more than one worker to be ation.’’ Each open range production of live- manpower, resources, and technology housed in mobile units used in the open stock application is adjudicated on a case- to secure the Nation’s borders, and range. Your letter states that the above by-case basis and conform to housing safety these efforts have not only led to en- change in guidance limits flexibility for em- and health standards. hanced border security but have also ployers to best serve the needs of their em- If you have any additional questions, please contact Mr. Tony Zaffirini, Office of expedited legitimate trade and travel. ployees and creates impractical con- Congressional and Intergovernmental Af- The second fundamental principle in- sequences for a number of range operations. To provide for a limited degree of flexi- fairs, at (202)–693–4600. cluded in the bill is the creation of a bility in carrying out the Secretary’s respon- Sincerely, path to citizenship for the 11 million sibilities under the Immigration and Nation- JANE OATES, individuals who are living and working ality Act (INA), while not deviating from Assistant Secretary. in the United States without proper statutory requirements, the H–2A Final Rule Mrs. FEINSTEIN. Mr. President, I immigration documentation. provides the Administrator of OFLC with the come to the floor today in support of S. While some have insisted that all 11 authority to establish, continue, revise, or 744, the bipartisan comprehensive im- million undocumented immigrants revoke special procedures for processing cer- migration reform bill before the Sen- should be deported, such a solution is tain H–2A applications. The special proce- ate. not reasonable. dures for sheep and goat herding, for exam- Through the process of negotiation A majority of these individuals and ple, have been recognized for many years and and compromise, including 212 amend- draw upon the historically unique nature of families have become integrated into the agricultural work that cannot be com- ments that were considered during the the fabric of their communities, and pletely addressed within the regulatory course of the Senate Judiciary Com- deportation would be a severe outcome. framework generally applied to other H–2A mittee markup last month and now Many work and pay taxes, but they and employers. Such procedures recognize the much discussion on the Senate floor, a their families live in the shadows and peculiarities of the industry or agricultural workable, tough—but fair—bill sits be- face the possibility of being picked up activity, and establish a reasonable and tai- fore us, ripe for us to take action on a and deported, daily. lored means for such employers to meet un- problem that has gone unresolved for The State of California has the larg- derlying program requirements while not de- far too long. est number of undocumented immi- viating from statutory requirements. Prior Colleagues, this is our last, best grants, estimated to be 2.6 million peo- to making determinations regarding the use chance to achieve immigration reform. of special procedures, the H–2A Final Rule ple or nearly one-fourth of all unau- The bill before the Senate provides thorized immigrants currently living states that the ‘‘OFLC Administrator may long-sought-after solutions that will consult with affected employer and worker in the United States. These individuals representatives’’. The Department published help fix our broken immigration sys- have become an essential part of the these revised special procedures in June 2011 tem. It takes into consideration our California workforce. Many work in ho- with a delayed effective date of October 1, country’s modern-day national secu- tels, restaurants, agriculture, and the 2011, to provide affected employers time to rity, economic, and labor needs, as well housing and construction industries. understand and adapt to any changes. The as our country’s age-old tradition of A recent study of immigrants in Cali- Department then published each TEGL as a preserving family unity and promoting fornia that was completed by Dr. Raul notice in the Federal Register on August 4, humanitarian policies. 2011. Hinojosa-Ojeda and Marshall Fitz of It would also bring approximately 11 the Center for American Progress con- The special procedures published by the million undocumented individuals now Department covering occupations involved cluded that, ‘‘if all unauthorized immi- living in the United States out of the in the open range production of livestock do grants were removed from California, shadows and on a path where they not change the longstanding requirement the state would lose $301.6 billion in could proudly and openly contribute to that employers must provide housing and economic activity, decrease total em- this great nation. sleeping facilities to workers under the H–2A ployment by 17.4%, and eliminate 3.6 Program. Due to the unique nature of the The first fundamental principle of work performed on the open range, employ- the bill is that we must control our Na- million jobs.’’ The study further ers in this industry are allowed to self-cer- tion’s borders and protect our national showed that, ‘‘if unauthorized immi- tify that housing is available, sufficient to security. grants in California were legalized, it accommodate the number of workers being Before a single undocumented person would add 633,000 jobs to the economy, requested, and meets all applicable stand- in the United Staes can earn a green increase labor income by $26.9 billion, ards. Within the housing unit, workers must card, several important ‘‘triggers’’ and increase tax revenues by $5.3 bil- be afforded a separate sleeping unit such as must be met, showing that the Federal lion.’’ a comfortable bed, cot, or bunk with a clean Government has effectively secured the This bill establishes a process to mattress. Therefore, it would be possible for bring these individuals out of the shad- the employer to continue to have one camp border and is enforcing current immi- with more than one worker so long as each gration laws. These triggers include ows. worker had his or her own bed. Because em- the following: The need to provide a stable, legal, ployers participating in the H–2A Program No. 1, an unprecedented increase of 20,000 and sustainable workforce through im- must make arrangements for housing work- new full-time Border Patrol agents stationed migration reform is critical in the ag- ers several months in advance of the start along the southern border. ricultural sector.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5242 CONGRESSIONAL RECORD — SENATE June 26, 2013 According to government estimates, faces in navigating the H–2A visa pro- ployer without any contractual com- there are about 1.8 million people who gram and identifying a sufficient num- mitment. perform hired farm work in the United ber of skilled workers. She wrote that No. 2 contract employees must com- States. Approximately 1.2 million of because, ‘‘very few of the unemployed mit to work for an employer for a fixed these individuals—fully two-thirds of in this Nation will opt to work in agri- period of time, which can provide in- those who help bring pistachios, al- culture, and even fewer have the nec- creased stability for both employees monds, wine, and other things we essary skills to do so,’’ Jackson Family and employers. After fulfilling this enjoy, to our tables—are not author- Wines turned to increased automation commitment, they are then free to ized to work here. and use of the H–2A program. However, work for other U.S. agricultural em- Some may ask, why don’t farmers Ms. Jackson noted that ‘‘the H–2A pro- ployers. hire Americans to do the work? The gram is cumbersome and from our per- The bill includes specific negotiated answer is, they have tried and tried, spective merely provides a temporary wage rates that replace the ‘‘adverse but there are not many Americans who fix.’’ effect wage rate’’ standard that exists are willing to take a job in the fields. In previous Congresses, Senators under the current H–2A program, which It is hard, stooped labor, requiring long Craig, Kennedy, and I repeatedly tried has proven to be very controversial, and unpredictable hours, often in the to pass bipartisan legislation to ad- and which many farmers say is one of hot Sun and high temperatures. That is dress this, known as AgJOBS, without the reasons that the H–2A program is why the labor shortage persists even in success. unworkable. these challenging economic times. This year, I collaborated with Sen- The number of agricultural guest The United Farm Workers initiated ators RUBIO, BENNET, and HATCH to ne- workers who can enter the country in the ‘‘Take Our Jobs’’ campaign in gotiate and develop a new proposal any given year is subject to a carefully which they invited citizens and legal that is balanced and fair to address the negotiated cap to reflect anticipated residents to apply for jobs on farms ag labor crisis. I am very grateful to labor market demands. across the country, but only seven peo- Senator SCHUMER and the other Mem- For the first 5 years, the visa pro- ple accepted jobs and trained for agri- bers of the Gang of 8 that they incor- gram is capped at 112,333 per year. With culture positions. porated this proposal into this bill; it a 3-year visa, this would result in A 2012 California Farm Bureau sur- is now subtitle B of Title II, the ‘‘Agri- 336,999 temporary workers who can be vey found that 71 percent of the tree cultural Worker Program.’’ in the country at one time. fruit growers and nearly 80 percent of All of the elements of this program To ensure that a given year’s visa al- raisin and berry growers were unable were negotiated between farm worker location is not used up by regions of to find adequate labor to prune trees representatives and a large coalition of the country that harvest earlier than grower organizations. These negotiated and vines or pick crops. others, the bill requires that the visas This problem also impacts year- provisions protect both farmers who be evenly distributed on a quarterly round industries such as dairy. A 2012 are forced to rely on foreign farm labor basis in the first year and that the Texas A&M study found that farms and the farm workers by allowing the USDA Secretary can modify the timing current undocumented farm workers to using an immigrant workforce produce of the disbursement of visas based on continue to work in agriculture to earn more than 60 percent of the milk in our prior usage patterns thereafter. Any a blue card and eventually a green country. Without these immigrant unused visas that remain at the end of card. a quarter can be rolled over to the next dairy employees, economic output Under the bill, agricultural workers quarter but not to the next year. would decline by $22 billion and 133,000 who can document U.S. agricultural The cap may be increased if there are workers would lose their jobs. employment for a minimum of 100 demonstrated labor shortages or re- All over the Nation, growers are clos- work days or 575 hours in the 2 years duced in response to a high unemploy- ing their farms because they lack a prior to date of enactment are eligible ment rate of agricultural workers. stable, legal workforce. And American to adjust to blue card status. Blue card After 6 years, the number of applica- farmers who remain are suffering eco- applicants must not have a felony or nomic losses because of the lack of im- violent misdemeanor conviction and tions for guest worker visas and the migration reform. must pay a $100 fine for being in the number of blue card applications ap- And when farmers suffer, there is a United States without immigration proved will also be considered when de- ripple effect felt throughout the econ- status. termining the annual caps. omy—in farm equipment manufac- Agricultural workers are eligible for This new, improved visa program will turing, packaging, processing, trans- a green card when they pay all taxes, help American agriculture continue to portation, marketing, lending, and in- have no felony or violent misdemeanor be a driving force in our Nation’s econ- surance. convictions, and pay another fine—of omy. The reality is that if there are not $400. The worker must also document For those who are currently unau- enough farm workers to harvest the that they performed at least 5 years of thorized to be in this country, Demo- crops in the United States, we will end agricultural employment for at least crats and Republicans together created up relying on foreign countries to pro- 100 work days per year during the 8- a new registered provisional immi- vide our food supply. This is not good year period beginning on the date of grant—or RPI—program to provide for our economy or for ensuring that enactment or performed at least 3 such immigrants with lawful immigra- Americans are receiving safe and years of agricultural employment for tion status. healthy foods. at least 150 work days per year during RPIs would be authorized to work in Right now, the H–2A visa, or tem- the 5-year period beginning on the date the United States and to travel abroad. porary agricultural guest worker visa, of enactment. Only if they meet stringent criteria is the only program that is available To replace the problematic H–2A pro- may they renew their RPI status for for growers to hire foreign workers. gram, the bill will also address the another 6 years and ultimately adjust Unfortunately, this program has not long-term workforce needs of farmers from RPI status to that of a lawful per- worked for the vast majority of agri- going forward, including dairies and manent resident—or green card holder. cultural employers. other year-round ag industries, by cre- Let me be clear, this is not amnesty. A 2011 National Council of Agricul- ating a streamlined system to bring in Amnesty is automatically giving those tural Employers survey found that ad- temporary guest workers through a who broke the law a clean slate, no ministrative H–2A delays prevented al- new agricultural visa program called questions asked. This bill does not do most three-fourths of surveyed employ- the W-Visa program. that. Instead, the bill imposes rigorous ers from timely receiving workers, This two-part new farm worker visa requirements in order for each indi- which caused economic loss of nearly program provides a temporary worker vidual to attain legal status, apply for $320 million for farms in 2010. two options, which are at-will employ- a green card, and eventually become a Katie Jackson from Jackson Family ment or contract-based employment. citizen. Wines in Santa Rosa, CA, wrote me No. 1 at-will employees have the free- The time has come for those who are about the challenges she currently dom to move from employer to em- already here, doing jobs across the

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5243 spectrum—such as caring for our aging curity, ensures our labor needs are met is blazing a new political trail as a symbol— population, working in restaurants and in a fair way that does not compromise an unwilling one—of the changing work- hotels, and creating successful small U.S. workers, facilitates timely family place. ‘‘It’s a non-role as far as I’m concerned,’’ businesses. It is realistic for us to se- unification, and is humane. I hope you Feinstein says. ‘‘I’ve always had the belief cure a sufficient legal workforce, while will join me in passing this bill in the that age is just chronology. I know people importantly protecting our U.S. work- Senate. who are 50 who are older than I am.’’ ers, to meet the labor needs of this Mr. LEAHY. Mr. President, as we With the death of Sen. Frank R. Lauten- country. look forward to bringing our debate on berg (D–N.J.) this month, Feinstein became This bill would also finally pave the comprehensive immigration reform to the Senate’s oldest member, a distinction a close, I especially want to recognize never before held by a woman. In fact, way for DREAMers who were brought there’s only been one other female senator to the United States by their parents the work of one Senator who made a over 80: Rebecca L. Felton, an 87-year-old, and grew up here; they consider the major contribution to this legislation. lace-collared white-supremacist suffragette United States their home and want to Provisions contained in this legislation who was appointed to a vacant seat from give back. will rewrite our entire agricultural Georgia and served for less than two months Approximately 65,000 DREAMers visa program, and they will do so for in 1922. graduate from our high schools each the better. For the first time, Amer- Feinstein’s age is in most ways incidental ica’s dairy farmers will have access to to her success; in others, it’s key. She’s ben- year. They are hard-working and are efiting from the privileges that seniority dedicated to their education or to serv- temporary foreign workers, and the brings in the Senate and from a work ethic ing in the Nation’s military. Some are population of undocumented farm forged in an era where women had to work valedictorians and honor roll students; workers will have the chance to come twice as hard as their male counterparts to some are community leaders and have out of the shadows and into the lawful succeed. an unwavering commitment to serving immigration system, where they will There are now a record 20 female senators, have rights and the protection of the many of whom have taken on high-ranking the United States. roles such as chairmanships of key commit- Through no fault of their own, these law. I am grateful for the work she has tees that can help ensure long political life young individuals lack the immigra- done, and I am proud to support her spans. They may soon be as likely as men to tion status they need to realize their important contributions to this legisla- grow old in elected office—or in any office. full potential. This bill will provide an tion. Women over 60 make up the fastest-grow- opportunity for these students to fulfill The work of the senior Senator from ing segment of the workforce, notes Eliza- beth Fideler, a fellow at the Sloan Center on the American dream and it is only pru- California on this legislation should be recognized and commended. She Aging and Work at Boston College and the dent for us to give them that chance. author of ‘‘Women Still at Work: Profes- While still prioritizing the American worked long and hard to bring agricul- sionals Over 60 and on the Job.’’ And the workers who are seeking jobs by estab- tural workers and employers together sight of older woman at the office—even lishing a strict screening requirements, to find consensus. when that office is the Capitol—is becoming this bill aims to meet the needs of busi- She spent many hours keeping these more familiar. ‘‘Obviously, politics is a bit nesses so that our economy can suc- negotiations going, and she did not harsher an arena, but people are willing to ceed not only in the fields but in med- give up until a fair agreement was accept an older person so long as they re- reached. And just this week I know main effective,’’ she says. ical, technological, and research labs Age is a sensitive topic for anyone. For across the country. that Senator FEINSTEIN stood up for politicians, even more so. When Sen. Bob This bill reforms the H–1B visa pro- farmers in the Northeastern part of the Dole (R–Kan.) at 72 launched his presidential gram for high-skilled workers by dou- United States and resisted last-minute campaign in 1995, Time magazine’s cover bling and potentially tripling it de- efforts related to this bill to create a asked, ‘‘Is Dole Too Old for the Job?’’ And re- pending on the country’s labor needs. divide between farmers in different call Sen. John McCain’s (R–Ariz.) anger at a Ensuring that this country stays ahead parts of the country. For this, I thank question about his age during the 2008 presi- her. dential campaign. (McCain was 70, and called of the curve in technology, it facili- the questioner a ‘‘little jerk.’’) tates advances in science, technology, Yesterday, the Washington Post pub- If the politician in question happens to be math, and engineering by stapling a lished an article about Senator FEIN- a woman, she’s even more likely to get The green card to certain STEM graduates’ STEIN’s distinguished service in the Question or be the target of late-night vit- passports. It creates a W visa program Senate, her leadership, her incredible riol. for low-skilled workers and encourages work ethic, and her tenacity. I ask In 2007, at the age of 67, Nancy Pelosi (D– unanimous consent that this article be Calif.) became speaker of the House—the ideas through entrepreneurship, ena- highest-ranking woman in the history of the printed in the RECORD. bling the creation of the likes of the republic—and a feast for comedians’ Botox next eBay, Google, PayPal, and Yahoo, There being no objection, the mate- jokes. all which were founded by immigrants. rial was ordered to be printed in the ‘‘Nancy Pelosi said today we’ve waited 200 I want to commend the members of RECORD, as follows: years for this,’’ Jay Leno cracked after Pelosi was sworn in. ‘‘Two hundred years? the Gang of Eight Senators—SCHUMER, [From the Washington Post, June 25, 2013] How many face-lifts has this woman had?’’ MCCAIN, DURBIN, GRAHAM, MENENDEZ, FEINSTEIN, NSA’S TOP CONGRESSIONAL DE- FENDER, HAS BUILT RESPECT OVER DECADES Former congresswoman Pat Schroeder (D– RUBIO, BENNET, and FLAKE,—for pro- OF SERVICE Colo.) predicts that even as women remain in viding a foundation that strikes the office into old age, the public will never tol- (By Emily Heil) right balance and reflects the best erate ‘‘a female Strom Thurmond,’’ a ref- thinking on how to accommodate all She stands before television cameras just erence to the late South Carolina Republican hours after the news breaks that the U.S. senator who left office at the age of 100, his the various concerns and interests. government has been conducting a massive I also want to recognize those who final years spent with staffers and colleagues survillance program, compiling a database of overlooking (and compensating for) his di- paved the path forward for them, in- Americans’ phone records and monitoring minished mental and physical powers. cluding former Senators Kennedy, foreign terrorism suspects’ Internet traffic. ‘‘The public would turn on her,’’ Schroeder Specter, Salazar, Kyl, and Martinez. Her hands form fists. says. ‘‘Not like they did with Strom, who ev- Their hard work in tackling this dif- ‘‘It’s called protecting America,’’ says eryone thought was funny—this kind of char- Dianne Feinstein. acter.’’ ficult issue has finally brought us to A five-term California Democrat who this crucial stage. Tall and unstooped, Feinstein is often seen chairs the Senate intelligence committee, striding down the Capitol’s marble halls. This is not a perfect bill, but it is a Feinstein hardly needs to flex her muscles Even her political adversaries say she re- necessary bill. If we do not seize this these days to command deference. On Sun- mains more engaged in the minutiae of her opportunity, I fear that the chance of day talk shows and from podiums around the job than many of her younger counterparts. comprehensive reform will be gone for Capitol, she’s playing the role of chief con- ‘‘I always think if I’m half as prepared and another generation—something I be- gressional defender of the surveillance pro- energetic as Senator Feinstein, I’m doing lieve would be a terrible mistake for gram to skeptical colleagues and critics who okay,’’ says Sen. Claire McCaskill. The Mis- say it’s Big Brother run amok. She is also souri Democrat calls Feinstein ‘‘the ideal of our country. one of the most senior members of the pow- what a senator should be.’’ It realistically and pragmatically up- erful Judiciary and Appropriations panels. ‘‘Role model’’ is the one part of her new dates our current immigration system Just as she is playing such high-profile status that Feinstein embraces. ‘‘That is the in a way that enhances our national se- roles, Feinstein, who turned 80 on Saturday, biggest compliment,’’ she says.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5244 CONGRESSIONAL RECORD — SENATE June 26, 2013 Former secretary of state Madeleine ‘‘On the NSA issue, none of the members package, the following amendments be Albright says the scrutiny that female poli- had gone to these briefings, and yet they’re in order to be called up and the clerks ticians will draw in their older years will be all talking about them—whereas if Dianne be authorized to modify the instruction just a continuation of what they have faced hadn’t gone to them, known everything lines to fit the committee-reported at other points in their careers. ‘‘They’ll about them, she’d have the grace not to say talk about [Feinstein’s] hair—but that’s something,’’ Schroeder says. ‘‘My jaw always amendment, as amended, where nec- what happens now anyway,’’ she says. drops when I see someone who’d rather be at essary: Sessions No. 1334; Hirono No. It did, at least, early in Feinstein’s career, the gym or running to the airport who wants 1718; Fischer No. 1594; Blumenthal No. when media reports swooned over her looks to stand up and criticize something they 1636; Vitter No. 1445; Brown No. 1311; and her impeccable ensembles. ‘‘Charm Is don’t know anything about.’’ Toomey No. 1599; Hagan No. 1386; Coats Only Half Her Story,’’ was the headline of a While she’s surely come a long way from No. 1563; McCaskill No. 1457; Johnson of Time magazine 1990 story, which described those board meetings in San Francisco, the Wisconsin No. 1380; Boxer No. 1260; Cruz her as ‘‘a casting director’s idea of a Bryn tests still come. Mawr president who must be bodily re- In March, Feinstein had a YouTube-able No. 1580; Feinstein No. 1250; Lee No. strained from adding gloves—or perhaps even moment when she spoke before the Senate 1214; Udall of New Mexico No. 1218; Vit- a pillbox hat—to her already ultra-conserv- Judiciary Committee about her proposal to ter No. 1577; Tester No. 1459; Vitter No. ative banker-blue suits and fitted red blazers ban assault weapons. Sen. , a Re- 1474; Heitkamp No. 1593; Lee No. 1207; and pearls.’’ publican freshman from Texas and a tea Whitehouse No. 1419; Cruz No. 1579; Ask friends and colleagues to describe party favorite, prefaced a question to her Udall of New Mexico No. 1691; Cruz No. Feinstein and something surprising happens. with a discourse on the Constitution, in ‘‘She does her homework,’’ says former 1583; Heinrich No. 1342; Cruz No. 1585; which he informed Feinstein (who has served Reed of Rhode Island No. 1608; Cruz No. senator Olympia Snowe (R–Maine). on Judiciary for 20 years and was the panel’s ‘‘She does her homework,’’ says Sen. Saxby first female member), that the Second 1586; Nelson-Wicker No. 1253; McCain- Chambliss (R–Ga.), the vice chairman of the Amendment gives people the right to bear Cardin No. 1469; and Portman-Tester intelligence committee. No. 1634; that at 9 a.m. tomorrow morn- ‘‘She just does her homework,’’ says Sen. arms. ‘‘I am not a sixth grader,’’ she replied, Barbara Boxer (D–Calif.) ing, June 27, the Senate proceed to At home, as in the office, Feinstein works calmly, but with a rare edge to her voice vote in relation to the amendments in constantly. That includes spending her days that indicated that she was just a bit peeved the order listed; that the amendments off poring over thick briefing books and, al- with the gentleman from Texas. ‘‘It’s fine be subject to a 60-affirmative vote ways, the ‘‘weeklies,’’ a stack of the memos you want to lecture me on the Constitution. I appreciate it. Just know I’ve been here for threshold; that there be 2 minutes she requires every member of her staff to equally divided prior to each vote; and submit each Friday. a long time.’’ In the memo, each employee—from top And may be longer still. Feinstein, who all after the first vote be 10-minute policy advisers to mailroom clerks—de- won reelection in 2012, will be 85 when her votes; that upon disposition of the scribes what he or she has done that week: term ends. Will she run again? ‘‘Ask me in Portman-Tester amendment No. 1634, meetings they attended, people they met three years,’’ she says. the pending amendments to the under- with, legislation they worked on, or what Mr. GRASSLEY. I suggest the ab- lying bill be withdrawn; the majority kind of letters have been coming in from sence of a quorum. leader then be recognized for the pur- constituents. Feinstein scours them, and The PRESIDING OFFICER. The pose of raising points of order against then asks pointed questions at mandatory clerk will call the roll. the remaining pending amendments to Monday-morning staff meetings in her Wash- The legislative clerk proceeded to ington office. the substitute amendment; that after This interrogative style has led some call the roll. the amendments fall, the substitute former staffers to grouse that she is a tough Mr. REID. Mr. President, I ask unan- amendment, as amended, be agreed to; boss, prone to calling out underlings, even in imous consent that the order for the the cloture motion with respect to S. group settings where such queries can come quorum call be rescinded. 744 be withdrawn; the bill, as amended, off as insults. Mark Kadesh, a lobbyist who The PRESIDING OFFICER. Without be read a third time, and the Senate was her longtime chief of staff, says that the objection, it is so ordered. rigors of working for her weren’t for every- proceed to vote on passage of the bill, Mr. REID. Mr. President, we have as amended. one. ‘‘The thing is that she’s no more de- been working to come up with a list of manding of herself than she is of her staff,’’ The PRESIDING OFFICER. Is there he says. ‘‘If you couldn’t keep up, it was amendments. Without any editorial- objection? tough. If you accepted that challenge, it was izing, this is the list we have been able Mr. GRASSLEY. I object, and I ask a great experience.’’ to come up with. The staff has worked for the floor. Yet colleagues—even Republicans—find on this for long hours. The PRESIDING OFFICER. Objec- her approachable. ‘‘You knew that she al- I ask unanimous consent that a man- tion is heard. ways came to her conclusions based on real agers’ package of amendments con- The Senator from Iowa. knowledge and understanding, not in a par- sisting of Boxer-Landrieu-Murray No. Mr. GRASSLEY. Mr. President, on tisan way,’’ Snowe says. Chambliss credits her with helping to 1240 (pending); Brown No. 1597; Carper- behalf of myself and my colleagues—I smooth over the once-strained relationship McCain-Udall No. 1558, as modified; better say on behalf of myself and some between the Senate and House intelligence Carper No. 1590; Coats No. 1288; Coats of my colleagues—I have to object. The committees. The bipartisan leaders now No. 1373; Coburn No. 1509; Coons No. majority party has offered an agree- meet regularly to talk about how to speak 1715; Flake No. 1472; Heinrich-Udall of ment from our point of view that is in- with one voice on tricky issues—a change New Mexico No. 1342; Heinrich-Udall of sufficient and clearly not serious, even from the past. ‘‘We couldn’t afford that—the New Mexico No. 1417; Heinrich-Udall of though I know they consider it a seri- world has become too dangerous a place on New Mexico-Gillibrand No. 1559; intelligence issues,’’ he says. ous offer. Feinstein’s always-be-prepared ethos Heitkamp-Levin-Tester-Baucus No. Last night, our side offered a list of seems, in part, a holdover from an earlier 1593; Klobuchar-Landrieu-Coats-Blunt- amendments that could be voted upon. time. When she first entered public office as Barrasso-Enzi No. 1261; Klobuchar- We asked for votes on 34 amendments a member of the San Francisco Board of Su- Coats-Landrieu-Blunt No. 1526; Lan- and those 34 amendments are less than pervisors in 1969, few women held elected of- drieu-Coats-Shaheen-Franken No. 1338; 10 percent of all of the amendments fices. Those who did faced far more scrutiny Landrieu-Cochran No. 1383; Leahy No. that are filed, right now about 550. But than their male counterparts. 1454; Leahy No. 1455; Murray-Crapo No. Feinstein recalls being the top vote-getter now the majority wants to limit the in her first election to the board, which by 1368; Nelson-Wicker No. 1253; Reed No. number of amendments and, in a sense, law, meant she would be its president. But 1223; Reed No. 1608; Schatz-Kirk No. limit our rights, because each Senator some, citing her inexperience, called on her 1416; Shaheen-Ayotte No. 1272; Stabe- ought to have an opportunity to put to cede that position to the second-place now-Collins No. 1405; Toomey No. 1236; down the amendments they want to man. She politely declined. Her ascent from Udall of New Mexico-Heinrich No. 1241; offer. It doesn’t preclude the majority supervisor to mayor was accompanied by and Udall of New Mexico-Heinrich- party from offering any amount of tests. ‘‘You would get pressed,’’ she says. Gillibrand No. 1242 be in order and con- their amendments they want to offer. ‘‘And so you learn to know your stuff.’’ To this day, Feinstein enters no forum—be sidered en bloc; that the Senate pro- It seems to me the majority wants to it a hearing with top military brass or a one- ceed to vote on adoption of the amend- pick and choose the amendments they on-one with a low-level staffer—without ex- ments in this package en bloc; that like. They don’t want to take tough cruciatingly detailed preparation. upon disposition of the managers’ votes so they have chosen just a few of

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5245 our amendments to make it look as Well, I happen to be a farmer and I has indicated that immigration reform though it is very accommodating. am proud to be a farmer, but I want will also help decrease the deficit. I have to say I feel a bit used and them to know I haven’t just fallen off As well, it includes key priorities I abused in this process. For 21⁄2 weeks of the hay wagon. It is pretty clear have championed in the Senate, includ- we have been pushing to get votes on what is going on around here. Regard- ing sensible and necessary reforms to our amendments. We have had a mea- less of the reasons for the majority our high skill and employment based sly 10 votes on amendments. I will re- now trying to look as though they are visa programs. It makes sure that as mind my colleagues that there were 550 accommodating us, I am still willing to we continue to train and educate the filed. That is pretty embarrassing for negotiate votes, but it needs to be a lot world’s best and brightest—STEM and the majority after they promised a fair of votes. PhDs from Brazil or the Czech Republic and open debate. Some on my side may be less chari- or India—they can stay here in Amer- I wish to remind my colleagues about table than I am since they also under- ica. Unfortunately, because what hap- fair and open debate. One Republican stand what is going on around here. So pens now is that when they get their Member of the Group of 8 said: in the end, we may very well not be degree, we send them home to compete I am confident that an open and trans- having any more votes on amendments. against us. Canada, the U.K., and Aus- parent process, one that engages every Sen- It is too bad the majority led us down tralia have changed their laws, so now ator and the American people, will make it this road and is aiming for the ditch. In these high skill individuals don’t go even better. I believe that this kind of open other words, we have not had the fair home, they simply move across the debate is critical in helping the American and open process we were promised as border to Canada and take those high- people understand what is in the bill, what it means for you, and what it means for our fu- we had in committee—a fair and very paying jobs and support jobs with ture. open process there, but it ended up them. This legislation will also makes im- That same Senator also wrote to completely contrary to what the Gang of 8 told us we were going to have when portant strides to ensure DREAMers— Chairman LEAHY on March 30 before those young people who were brought the bill was brought up in committee: we got to the floor. In the end they have only themselves to this country at a young age, through I wish to express my strong belief that the to blame. In the end I think the end is no fault or choice of her own, who are success of any major legislation depends on the acceptance and support of the American right now. We are going to have votes caught in this limbo at this point, people. That support can only be earned on cloture. We are going to have a vote where many jurisdictions, including through a full and careful consideration of on final passage. I am telling people on unfortunately, my State, sometimes legislative language and an open process of my side of the aisle that if you are don’t allow them to finish their edu- amendments. going to be against this bill, there is no cation—have the opportunity to con- In a letter to me on April 5, that sense in debating it anymore; we might tribute to the only country they know. same Senator wrote: as well carry our story to the other As a matter of fact, during this If the majority does not follow regular body because that is where this bill is year’s State of the Union Address I was order, you can expect that I will continue to going to be perfected, if it can be per- proud to invite Ambar Pinto. Ambar is defend the rights of every Senator, myself fected, in a way that is going to be sent a 19-year-old incredible young woman included, to conduct this process in an open to the President and to solve the prob- who was born in Bolivia, has grown up and detailed manner. lems we have and not make the same most of her life here in Virginia, and I When the bill was introduced, the mistakes we made in 1986. was proud to invite her to be my guest senior Senator from New York said: I yield the floor. at the State of the Union Address. I One of the things we all agree with is that The PRESIDING OFFICER (Mr. know Ambar will be able to contribute there ought to be an open process so that BLUMENTHAL). The Senator from Vir- to her community, to Virginia, and to people who don’t agree can offer their ginia. the United States, and this legislation amendments. Mr. WARNER. Mr. President, I ask will make sure she gets the same kind So it is very clear the Gang of 8, the unanimous consent to speak at this of fair shot in this country that I had authors of the legislation, called for a time, followed by the Senator from and other Americans have had. robust floor debate. They said they Ohio and the Senator from New York. Let me also say—I know there are supported regular order. The PRESIDING OFFICER. Without other Senators who wish to speak—this So I ask now: Do they think that objection, it is so ordered. legislation is about the character of having only a few amendments consid- Mr. WARNER. Mr. President, I am our country. Senator ALEXANDER from ered, and this list that has just been disappointed the Senator from Iowa Tennessee said something the other put before us, is that a robust and open didn’t accept the proposal of the major- day I have quoted him on a number of process? Do they think the majority ity leader and let us continue making times. In this immigration debate, we party has used regular order? improvements to this bill. But I have discuss the character of our country. If After spinning our wheels for a cou- watched this debate and I wish to add I move to China tomorrow, I will never ple of weeks, we had an important vote my voice to those who came out and be Chinese. If I move to India tomor- a couple of days ago. The proponents complimented the good work, the bi- row, I will never be Indian. If I move to have been bragging for weeks that they partisan work the Gang of 8 has per- France, I will never become French. It were going to get over 70 votes for formed in their efforts to forge a bipar- is only in America that someone from their legislation and somehow force the tisan compromise on an issue that is of anywhere around the world, if they House to take up their bill. Of course, remarkable importance to this na- play by the rules, accept our demo- that won’t happen if they don’t get 70 tion—to our economic growth, to our cratic principles and our free enter- votes. But I saw the shock of some that security and, quite honestly, to who we prise system, can come here and get they had on their faces when their vote are as a country. the fair shot and not only can they be- count fell short here a couple of days I look forward to voting in favor of come Americans, but their children ago. this legislation. I will not recap all of will be Americans for generations to So now what are they doing? They the components and the path of how we come. Our country is at its best when need to pick up some votes and they got here. Suffice it to say this piece of it welcomes hardworking immigrants need to make it look as though we legislation includes protections for into the national fold. That American have had a more fair process. So after American workers, improves border en- tradition is reflected in the tenants of less than the expected vote yesterday, forcement, puts in a place a more effec- this legislation. the proponents came to me wanting to tive identity verification process, im- This path has been circuitous. We are strike a deal that would give us votes proves our entry exit system, as well long overdue. The last immigration re- on amendments. The problem is they provides a reasonable earned pathway form was more than 20 years ago. Our still want to limit our amendments, to citizenship for the 11 million un- current system is fundamentally but they want to make sure we include documented immigrants who already flawed and broken. It is time to pass amendments that will help them pick live and work in America. Addition- this legislation with an overwhelming up some votes. ally, the Congressional Budget Office majority, get it to the other body, get

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5246 CONGRESSIONAL RECORD — SENATE June 26, 2013 it out, and get this bill to the desk of chamber of commerce, with the AFL– and this is a big one. If it is not solved, the President for his signature. CIO, with all the groups—we played by I will tell you, it is not going to work. I am proud of the work that has been the rules over the last month or so to The pilot program for the kind of E- done by Members from both parties on put together a good amendment—but it Verify that is in the underlying bill has this important legislation. I look for- is one that will actually ensure to the been tested. Do you know what the re- ward to its successful conclusion, I American people that we can have an cent report says on it? Fifty-four per- hope, tomorrow, and I look forward to enforcement in place both at the bor- cent of those who are illegal got the fact that the Ambar Pintos and so der and in the interior at the work- through the system and got a job— many others who have lived in the place that will enable the rest of the more than half. Why? Because the veri- shadows for so long, will be able to pur- legislation to work. fication does not work. Our legislation sue the American dream. I have made it very clear over the strengthens it in a half dozen ways. With that, I yield the floor and sug- last several weeks that I cannot sup- Again, I have gone into great detail gest the absence of a quorum. port the underlying bill unless it has on this on the Senate floor, and it is all The PRESIDING OFFICER. The those enforcement guarantees because in the RECORD, and I have shared this clerk will call the roll. I cannot go to my constituents, look with all my colleagues who are inter- The assistant legislative clerk pro- them in the eye, and say this is going ested. ceeded to call the roll. to work. Again, we have done the right thing Mr. PORTMAN. Mr. President, I ask So I agree, our immigration system in terms of working with both sides of unanimous consent that the order for is broken. The legal system is broken. the aisle, playing by the rules in terms the quorum call be rescinded. The illegal immigration system, obvi- of being sure the Gang of 8 signs off on The PRESIDING OFFICER. Without ously, is broken. But we have to do the it. It is not perfect, it is not exactly objection, it is so ordered. right things to fix it or else the prom- the amendment I initially drafted, nor Mr. PORTMAN. Mr. President, I rise ises we make are simply empty prom- is the underlying legislation perfect. today to talk about the underlying im- ises. But it does put in place real enforce- migration bill, but, more importantly, They say everybody wants to go to ment to ensure that the legalization to talk about an important amendment Heaven, but not everybody is willing to will not occur in the absence of en- that I hope can be brought up. I have do the hard things to get there. This is forcement, which would lead not only spoken on the Senate floor about this an example of that. It is a hard thing. to fewer people coming out of the shad- before and have provided great detail A lot of people do not want to see a ows, but more illegal immigration as to why it works to ensure that we tightening at the workplace. But it has coming, as happened in 1986. have employment verification at the to happen, and I think we all acknowl- The 1986 bill casts a long shadow in workplace, why it is so important, edge that. this place, and we have to be sure we really, the critical element, I believe, I was part of the 1986 immigration re- do not repeat those mistakes. This will in terms of immigration reform. form. That dates me, I know. But I was ensure we do that. I believe strongly if we do not have a on the commission that helped come up I urge my Republican colleagues, in- stronger employee verification system with that. We proposed employer sanc- cluding the ranking member who has at the workplace, the rest of this legis- tions—it was called at the time—both been terrific in this process trying to lation is not going to work. We are not in terms of the legislation and how it work with us, to accept a reasonable going to have the people come out of was implemented. Those employer list and to accept some time limits the shadows that those who are pro- sanctions were never put in place. That that are reasonable. ponents of this legislation would like is one, although 3 million people were I will say, last July 4th, a year ago, to see, and I would like to see. Signifi- legalized, millions more came—up to 12 we were kept in session in this place. I cantly, we are not going to be able to million now. was kept in session, as was every Mem- curtail future flows of illegal immigra- This is the critical part of this legis- ber. I was happy to do it. But, frankly, tion. lation, and I urge my colleagues on it was regarding legislation that was People come here to work, and it is both sides of the aisle, let’s have a vote more political than it was real. It that magnet of employment that over on it. If we do not have a vote on it, we never went anywhere because it was the years has drawn people to this will not send the necessary message to viewed as kind of a political exercise. I great country. If we are just going to the House of Representatives of the im- think both sides of the aisle would put up more fences and have more Bor- portance of this piece of the puzzle. agree with that. We stayed on Satur- der Patrol, which I support, we are not People said: Well, why didn’t you in- day. As I recall, we stayed that week- going to get at the problem. First, clude it in the Corker-Hoeven amend- end. when people want to get here badly ment, which was about a border surge? Here we have a historic bill before us enough, they figure out a way to go Because it needs to be and deserves to on immigration and we cannot stay for over or under those fences. They figure be drawn out as a separate issue, a sep- a couple days to be sure we get through out a way to go around them. That has arate debate, which we have had on the some of these amendments? That been the story of our country. Every Senate floor. I have spoken on it be- makes no sense. time we have increased enforcement, fore, Senator TESTER has spoken on it, Members in this body know me. I am including some sectors of the border and we need to be sure that we can not a partisan. I am not a guy who nor- now where there are double fences, peo- show through a bipartisan vote that, mally gets up here and rails against ple still manage to find their way yes, we are willing to do the hard the other party about process. But I across in order to find work. things to get to ‘‘Heaven,’’ the hard would say both parties need to figure Second, 40 percent of those who are things to make sure this legislation ac- out a way to come together and to here illegally in this country, we are tually works; and that is dealing with come up with a list of amendments told, came here legally. They did not this at the workplace, which is the that make sense to ensure that this come across the border illegally. They magnet, which is the reason people legislation we are considering is one overstayed their visas. The only way to come to this country. that not only goes over to the House get at that problem is to ensure that So I would ask any colleagues on with over 60 votes but goes over to the we have strong workplace verification. both sides of the aisle, please, let us House with the kind of substantive pro- Frankly, the underlying bill must be have a vote. There have only been 10 visions that are going to make the leg- strengthened in order for the legisla- votes out of the over 500 amendments, islation work so we can tell the Amer- tion to work the way it is promised. apparently, that have been filed. There ican people and, frankly, tell our col- I believe this amendment I am pre- have been only 10 votes on this floor. leagues in the House this is something pared to offer with Senator TESTER, my Let us have a vote. We will be able to they ought to take up because our im- colleague from Montana, is not just bi- do it in a bipartisan way. We will be migration system is broken. partisan, it is not just one that has able to show the American people, as I see my colleague from Montana is been worked through with the Gang of Republicans and Democrats, we can here. I would yield to him to see if he 8, with the White House, with the come together to solve big problems— has any comments to make.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5247 The PRESIDING OFFICER. The Sen- I want to just talk in general about complain we have not had enough ator from Montana. where we are. Obviously, this has been votes. That is what they have done. Mr. TESTER. Mr. President, I thank a long hard road, and we are on the The first week we wanted to move my friend from Ohio. edge of passing one of the most signifi- amendments. The able chairman of the I just want to say this: I am not cant pieces of legislation that this Judiciary Committee did. Oh, no. We going to speak a lot about the amend- body will have passed in a very long had to change the rules and change the ment. I think Senator PORTMAN has time. number of votes it takes to pass a bill laid it out very well. I just want to say The good news is we are going to pass around here. Week 2, we proposed many that we have immigration problems in it with just about every Democrat vot- amendments be offered and the pace this country that need to be fixed, and ing for it and a very significant number was painstakingly slow. they have needed to be fixed for some of Republicans voting for it. The rea- That is the plan: Block votes for 2 time. son for that is the vast majority of weeks and then complain. I think the Gang of 8 has done a great Members in this body realize that the Finally, last night, we got a list of 35, job coming forth with a good-faith ef- immigration system is broken and 36 amendments from the other side. Of fort, with a good bill that heads us in needs fixing, absolutely. We have a course, we have many amendments. that direction. I think this amendment dumb system right now. We turn away That would be 72 amendments because makes a good bill even a better bill. people who create jobs, and we let peo- our side would want a one-for-one. I thank Senator PORTMAN for his That is only logical and fair. Then we work in a bipartisan way to put forth ple cross the border who take away an amendment that makes the bill bet- jobs from Americans. heard it was not sufficient, that they ter, that makes the bill work better. America is crying out that we fix the wanted more amendments than that. I will tell you, at some point in time system. We have 11 million people in Furthermore, the Republican steer- there will be a unanimous consent re- the shadows. They are working for sub- ing committee, my own colleagues quest offered on this amendment to get standard wages, many of them under have told me, sent out word: Get more a vote on it, and I will hope that both desperate conditions, and they bring amendments out there because we sides agree that we can get a vote on down the wage rates for everybody want to make sure there are so many this amendment. I will tell you why. It else, through no fault of their own. We amendments that we could never finish makes the bill better, and it will pass. want to bring those people to an earned this bill. That is what we are here to do. path to citizenship. In fact, even in that list of 36, the So I thank my friend from Ohio, and We want to take our immigration majority—not the majority but those I will encourage, as he did, both sides system and admit people who are going who asked for the most amendments— to come together to make a good bill to create jobs. We have shortages. were professed opponents of the bill. an even better bill so we can pass it Google Maps is now in Vancouver, Can- They were not interested in improving through Congress and get it to the ada. It is an American company. It is the bill. The strategy was, at the last President’s desk. an American idea. But they are in Van- hour, create dilatory tactics so the bill Thank you, Mr. President. couver, Canada, because they cannot could never be approved. The PRESIDING OFFICER. The Sen- get the employees they need here. They Again, look at the list. One Mem- ator from Ohio. are willing to pay whatever, but Can- ber—I will not mention his name—of- Mr. PORTMAN. Mr. President, I ada’s immigration system is much bet- fered seven; another offered six. They thank my colleague from Montana. I ter than ours and they can get the peo- are two of the five leading opponents of thank him for his willingness to work ple from all around the globe who are the bill. They are not interested in im- on this together. This was not an easy needed to run that part of the com- proving it. Many of the amendments on process. Let’s be honest, a lot of people pany. that list of 35 were debated in com- would like not to tighten up the work- We are fair to agriculture, growers. mittee and defeated by bipartisan place requirements. There are people The farm workers have come together votes. The committee was an open on all sides of this issue. The business on this bill. It is a large improvement process that shows our bona fides. community sometimes does not want over the present system. There were 301 committee amend- to. Labor unions sometimes do not Now, I have heard my good friend ments, more than 130 votes, 49 Repub- want to. Other groups are concerned from Ohio—and I like his amendment. lican amendments added into the bill. about this. But the reality is, unless we In fact, my staff worked on it with Leader REID has just made a reason- have strong workplace verification pro- him. But let’s make no mistake about able offer. He took 17 amendments visions in place, the rest of the legisla- it. This is a vast bill, and E-Verify— from that list of 36. Every one of them tion does not work. It is a critical piece permanent E-Verify—is in the bill. was a Republican request. He did not of the puzzle. Maybe it can be improved a little bit, make them up. He did not spin them I urge my colleagues to give us a but it is 0.01 percent of the bill. It does out of whole cloth. He added 15 Demo- vote. Give us a chance. Let’s show we not deal with border security. It does cratic amendments. We have a lot of can, on a bipartisan basis, do some- not deal with entry-exit. It does not people on this side who genuinely want thing that will actually create the en- deal with the 11 million. It does not to improve the bill. Of course, the forcement that is needed to have the other side objected. rest of this legislation work. deal with future flow. So I would urge Again, I am urging both sides of the my colleague to reconsider. So the idea—the idea that we are not aisle to work on this together and to Of course, we want this amendment allowing amendments. Please. Take come up with a reasonable list of offered, and many of us will support it. the leader’s offer. That is half of the amendments. I am not suggesting any- But to say that is the only reason—if it amendments you submitted last night. body else’s amendment should not be does not get in the bill it is not worth Mr. MCCAIN. Will the Senator yield offered, but I am saying there is a way voting for—I would have to respect- for a question? to get there. If we have to stay in, I fully and completely disagree with my Mr. SCHUMER. I would be happy to hope Members would be willing to do colleague. yield to my friend from Arizona. this on an issue this important to the Let’s face it, there are Members on Mr. MCCAIN. My understanding is American people and this important to his own side of the aisle who will block that there were 17 amendments that the future of our country. him from offering it. So that says it were just proposed by the majority With that, I yield back the remainder all, doesn’t it? Why do they do that? leader, and it was opposed by the Sen- of my time. Because they do not want a bill to ator from Iowa because we were not al- The PRESIDING OFFICER. The Sen- pass. That has been the strategy. lowing votes. Did I hear correctly that ator from New York. I heard my good friend from Iowa after a unanimous consent request for Mr. SCHUMER. Mr. President, thank talk about we are not approving 17 Republican amendments—1 of them you. enough amendments. Well, I will tell very critical to the Senator from Mon- I thank the Senator from Ohio for his you, the folks on the other side have tana and the Senator from Ohio be- good work on his piece of legislation. I had a great plan: block votes for 2 cause of E-Verify, which is something will talk about that in a minute. weeks and then, in the final hours, which is a fundamental key to making

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5248 CONGRESSIONAL RECORD — SENATE June 26, 2013 sure that those 40 percent of the people Mr. MCCAIN. Would the Senator E-Verify will work very well without who are in this country illegally, who yield? The Senator from Iowa may al- the amendment. I think it will work did not cross our border but came on lege that the amendments he wants somewhat better with the amendment. visas and overstayed—and then it is considered are not in that package. I It is a good amendment. I am sup- my understanding that after those 17 would ask the Senator from New York, portive of the amendment. My staff votes, with 10 minutes allowed for each and perhaps the majority leader, would helped work on the amendment. But side, if I understand the unanimous we then agree to have votes on the let’s not say this bill will have no in- consent request by the majority leader, amendments the Senator from Iowa ternal enforcement without the amend- then we would do 17 more and even 17 wants? This is a beginning and some- ment. It has very strong internal en- more, if necessary. Yet the Senator thing we could continue to vote on as forcement. In fact, it has mandatory E- from Iowa says we are not allowing long as it takes. Verify. amendments. When we were doing the budget, we My good friend from Alabama has I have to say, I think in honesty, if I stayed up all night. That was another been railing for years that we need would ask the Senator from New York great moment in the history of the mandatory E-Verify in the country. As this, there was a delay of a couple days Senate. Again, I am not saying all we work through the process, if the there that was unnecessary, which amendments are not equal. But I think House in its wisdom moves the bill, we frankly was from the other side. But to it is pretty clear that the Senator from can improve things. This is not the last somehow allege that the rights on this Montana and the Senator from Ohio train out of the station. But I say this: side of the aisle are being abridged, Mr. PORTMAN have a very important If we do not have a bill, we will have no when there is a unanimous consent re- amendment that has to do with E- E-Verify, improved, not improved. quest to have 17 votes right now with Verify, a fundamental of this legisla- So many of the things that many of 10 minutes in between—perhaps the tion. my colleagues on the other side of the Senator from New York can explain to We can assure the American people aisle wanted will not be in the bill. me that logic. that the magnet disappears because of Again, to me, having worked in a bi- Mr. SCHUMER. It is very hard to ex- the certainty of penalties for employ- partisan way—and I have taken as plain. It is sort of twisted logic a little ers, which is embodied in E-Verify, many criticisms from my side of the bit, it is sort of pretzel-like logic. It is which the Senator from Ohio has spent aisle as from the other to get this done, also pretzel-like logic to delay votes weeks on. Only a nerd such as the Sen- what is happening here—not the Sen- for so many weeks and then say all at ator from Ohio could come up with the ator from Ohio. He is sincerely eager to once we need hundreds and hundreds of absolute detailed and absolute com- improve the bill and I support that im- amendments. Not right, not fair, par- plete and comprehensive approach to provement. But for many others who ticularly, as my good friend from Ari- E-Verify, a man I admire enormously. are vehemently opposed to the bill, zona knows, when so many of those Anybody who could be the Director there is a view to delay and delay and amendments come from sworn oppo- of the budget has to be a nerd, as we delay in hopes—I would say forlorn nents of the bill, when so many of know. But I admire the work of the hopes—that they cannot move the bill. those amendments were disposed of in Senator from Ohio, along with the Sen- We have not been on this bill for 1 committee. So he is right. ator from Montana. Is there anyone day. We have been on the bill for 3 One other point I would make while who would disagree that what the Sen- weeks. Again, most of the objections, my good friend from Arizona is here, ator from Ohio and the Senator from not all but the vast majority, came one of my fellow so-called gang mem- Montana are proposing would not im- from the other side when we wanted to bers. We have a lot of disputes in this prove the bill enormously and the con- move forward. So I would urge that we body because one side is against the fidence of the American people that we adopt the leader’s motion, 32 amend- other side. One side says one thing and can verify whether someone is in this ments, a reasonable amount of time to the other side bands together and says country illegally and applying for a debate them, 17 from the Republican no. We get gridlock. We need 60 votes. job? list, 15 from the Democratic list, and Neither side has it. I guess my other question is, if the go forward. That is not the case here. Every Senator from Iowa does not like the I do not think there will be a single major vote has been bipartisan, with a list that the majority leader read from, objection from our side, I will tell you very significant number from the other why do we not do some of the other that much. If you say we want these 32 side supporting the bill. More than amendments or are we not going to do and then untold more, that is a dif- that, the whole process has been bipar- any amendments? Finally, may I say ferent story. That is a different story. tisan. The Gang of 8 was four and four. to my friend from Ohio, I have the But, again, let me conclude on a happy We sat in that room and haggled. We greatest respect for his intellect and note. had as many disputes on the Demo- his capabilities. I know he knows I was We have our differences. But it has cratic side, which did not want to ac- just joking with my comments. been truly amazing to work with the cept what the Republicans wanted, as As a personal aside, when I was prac- two Senators from Arizona and the disputes on the Republican side, which ticing for a failed run for the Presi- Senator from South Carolina and the did not want to accept what Democrats dency, the Senator from Ohio played Senator from Florida and the Senator wanted. my opponent, and I began to dislike from Colorado and the Senator from Il- But we all met in the middle because the Senator from Ohio enormously. He linois and the Senator from New Jer- we believed in this bill. The sad fact is did a great job, as he did in the last sey. It has been an amazing journey. that while the vast majority of Ameri- election. On one of the most difficult issues that cans support this proposal—by every Mr. SCHUMER. I thank my col- faces America, we have crafted a pro- poll that is seen, a majority of Repub- league. Reclaiming my time, I would posal that has broad support and licans support this proposal, a majority say, when we get a nerd from Ohio and strong momentum, momentum that in- of conservative Republicans support a farmer from Big Sandy, MT, to- creased with today’s vote and will in- this proposal—there is a group in the gether, of course we are going to get a crease further with tomorrow’s vote. country and reflected in the Senate very good amendment. Please, one of the things our citi- that is so opposed to this bill they will The bottom line, though, is simple. zenry objects to is there is always go to any length to stop it. But the That amendment is in the list that the naysaying. It is always easier to say no good news is, when you have a bipar- leader suggested. Every one of the 17 than to say yes. But as has been point- tisan majority, that cannot happen. So Republican amendments was part of ed out, when you say no, you are keep- we get the kind of logic that my good that list of 36. So the bottom line is— ing the 11 million here under what friend from Arizona has pointed out. and now many more amendments have many have called unstated amnesty. We get the kind of thing—it is sort of been filed—just talking about the You are keeping a broken system that like Houdini. Remember, he tied him- amendment. Look, E-Verify is in the kicks out of the country people who self in a straitjacket and then com- bill. I would not quite agree with my create jobs and lets into the country plained he could not get out. colleague from Arizona. people who take away American jobs.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5249 You are preventing the change in our Mr. PORTMAN. I yield to my col- on the floor, to show we have the abil- immigration system to make America league from Arizona. ity to hear not just from our amend- grow. Mr. MCCAIN. It is my understanding ment, Senator TESTER and myself— CBO said: Wow, because of this bill, the Senator from Ohio, it is true, which is critical to me to having this GDP would grow by 3 percent this dec- worked for weeks, literally consulting bill succeed—but also other Members, ade and 5 percent next decade. It is ob- industry, consulting labor, the best who as Members of the Senate have the vious. That is the energy of immi- high-tech people in America, and has right to be heard. grants—poor immigrants, unskilled im- come up with these fixes which all of I would hope we could come together. migrants, rich immigrants, educated us, no matter how we are on this issue, I misspoke earlier and said it was last immigrants. Our ancestors, such as agree would dramatically improve our 4th of July. It was 2 years ago on the James Madison Flake, who my col- capability to make sure if anyone is in 4th of July. I remember missing the 4th league from Arizona once told me this country illegally before they ob- of July events back home because we about, but all our ancestors, whatever tain a job. were here voting. Why? Because we part of the globe they came from, Maybe it might be helpful to our col- wanted to spend some time on the worked so hard and are part of the se- leagues if the Senator could describe Buffett rule, and that was fine. We all cret to American success. for a couple of minutes, if he would, came back and did it. It didn’t go any- This bill restores that energy and what he has been through in this proc- where. that vitality. Again, this bill is not ess of coming up with this product to I would only suggest this is even perfect. We never claimed it would be. make sure this is a system that can more important. If we have to stay through the weekend, if we have to en- But I would urge my colleague, my work. I am not sure people are aware of sure that we stay up late tonight and good friend, sincere friend from Ohio, that. tomorrow tonight to get this done, I who is very smart—that is what my Again, I say only someone with his hope we will do it to provide an ability friend from Arizona said—but has background, knowledge, and expertise, to find a way forward where we have in my view, could have come up with many other great attributes as well, these amendments. Significantly, we this amendment, along with the Sen- and everyone else in this body, to not would offer an amendment like this ator from Montana. say, if I did not get exactly the change one that enables this bill to work, and Mr. PORTMAN. I thank my col- I wanted, this bill is no good; I cannot it enables us to have even more support league. I have explained this on the vote for it. as this bill goes to the House of Rep- floor in some detail as to what is in the That is what has paralyzed this Na- resentatives. tion in the last decade. This is an at- legislation and why it is so important, I yield back the remainder of my tempt not only to fix our immigration including speeding up the time for E- time. system but to overcome it. I pray to Verify to apply, including a real trig- The PRESIDING OFFICER. The Sen- God we will. ger that is comprehensive, including ate majority leader. I yield the floor. having the ability to verify somebody’s Mr. REID. I have been very patient The PRESIDING OFFICER. The Sen- identity—which is the problem now today, and I have just about had it on ator from Ohio. with E-Verify—by photo match, by this, all of this pontificating on this Mr. PORTMAN. Mr. President, be- doubling the amount that goes to the amendment, all right? cause there were some comments made States for them to provide the data. The Senator from Ohio had an offer about the amendment that Senator It also has privacy protections. It to put this in the bill. He turned it TESTER and I have offered, let me be also ensures we don’t create a new na- down. We are spending all of this time very clear. This is about making the tional database that could have poten- because he has been aggrieved in some underlying bill work. tial negative consequences for all of us way? He had the opportunity to put I do not believe it will work if we do as citizens who care about civil lib- this amendment in the bill as it is of- not have strong workplace verification, erties. It is a great balance. fered. simply, both because as the Senator We have worked with the chamber, I wanted to be quiet all day, but this from Arizona said, 40 percent of the we have worked with the AFL–CIO, we is enough. This is enough. The Amer- people who are here illegally did not have worked with the White House, we ican people need to know he had the come across the border, they came be- have worked with Republicans and right to put it in the bill. They agreed cause they overstayed their visas and Democrats alike. We have worked with on it. He said no. I assume this is be- they are here illegally now, and be- people in the Gang of 8. It is not ex- cause he wants a big show out here to cause when folks want to come here actly the amendment we initially have a separate vote. I don’t know badly enough to get work, they will go drafted. Ours was even tougher, I will what it is. That is enough. I have had over, under, and around whatever bar- say, in some respects, but it is an enough. I know he is a smart man. He riers we put on the border. amendment I believe in my heart if we has been head of OMB and a lot of good I am for more border security. It is a could get passed would create an E- things. I know nothing bad about him, good part of the bill. It does not solve Verify system that would be strong but that is enough of this, enough of the problem. Fifty-four percent—re- enough to create a deterrent, and right this. The PRESIDING OFFICER. The Sen- member that. That is the pilot pro- now the incentive to work is so strong ator from Montana. gram for E-Verify. Over half of the peo- that we can’t solve this at the border. Mr. TESTER. Mr. President, I wish ple who are illegal who attempt to get Plus, as my colleague from Arizona in- to talk a little bit about amendment work are getting through. dicated, folks are coming over and No. 1634 very quickly. The good Sen- Mr. MCCAIN. Will the gentleman overstaying their visas. ator from Ohio has talked about it and yield? Let me say one more thing more if I explained it very well, but I wish to Mr. PORTMAN. I don’t think it is could, please. talk about a few things. going to affect anybody in this Cham- The Senator from Iowa has 34 amend- This amendment substantially im- ber. I don’t think the bill will work. I ments he wishes to have offered. I don’t proves privacy protections in the E- am not going to vote for it if it doesn’t know if all 34 of those would actually Verify Program. That is a good thing. have strong enforcement, because I be offered. Some of them, as my col- It ensures no Federal database will be don’t think they are going to come out league from New York said, are being created using the Photo tool or other of the shadows in the way they want to offered by the same Senator. I imagine data from a State DMV database. That have them, including me. I don’t think there will be some voice votes in there. is a good thing. you are going to be able to stop people I know, as I said earlier, there has to It ensures no other Federal Govern- from coming in the future. The flows of be a time agreement that has to be rea- ment agency can access information illegal immigration, as we saw in 1986, sonable. I know there has to be a limit. made available under E-Verify. That is cannot be curtailed unless there is It seems to me there is a way for us to a good thing. strong enforcement at the workplace. get there. This is, again, to show the It increases privacy protections using Mr. MCCAIN. Will the Senator yield American people that on a bill this his- established techniques, such as requir- for a question? toric we don’t just have 10 amendments ing an individual to be notified when

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5250 CONGRESSIONAL RECORD — SENATE June 26, 2013 their Social Security number is used things we are going to have to rely on is frustrating to me to hear these num- for purposes of employment verifica- the other body to do to get a decent bers when so much work has been done tion in a manner that is potentially bill to go to the President of the by both Republicans and Democrats on fraudulent. That is a good thing. United States. this bill to get to the point we are. It requires new regular reporting of I yield the floor. I respect my friend Senator suspected fraudulent use of the E- The PRESIDING OFFICER. Objec- PORTMAN, but he was offered the oppor- Verify process. tion is heard. tunity to put his amendment in the This is a good amendment. It will The Senator from Montana has the package which was agreed to. I had make a good bill better. floor. amendments. I would love to have the For that reason I ask unanimous con- Mr. LEAHY. Would the Senator from glory of saying: Here is the Leahy sent that amendment No. 1634 be in Montana yield for 1 minute? amendment passed on the floor. I said: order for the purpose of a vote on the Mr. TESTER. I yield to the Senator. No, I am more interested in getting it Senate floor. Mr. LEAHY. Mr. President, I think of passed. I will put it in the package and The PRESIDING OFFICER. The Sen- myself as one of the calmest people let it go through. I don’t need to have ator from Iowa. around here, but a lot of facts and my name on it. I just want to get it to Mr. GRASSLEY. I reserve the right numbers have been tossed around here. the floor. to object, and I will object. Let’s get a few in perspective. I thank the Senator from Montana. I want the Members of this body to When this bill was before the Judici- The PRESIDING OFFICER. The Sen- know that I very much am interested ary Committee, there were 301 amend- ator from Montana has the floor. in E-Verify, because I have legislation ments filed. We put them online. Every Mr. TESTER. I thank the Senator. I in for mandatory E-Verify. I was in- single person saw a week and a half in want to get back to the amendment for volved with several Senators in 2007 as advance what the amendments were. a second here since it was objected to. we tried to get an amendment put to- We then brought them up. I would We wonder why we have a single- gether in those negotiations. It is a bring up one from one party and then digit approval rating in Congress. The case of something very important. I one from another. We did this day after people out here that I represent aren’t happen to support this amendment, but day after day into the night until peo- Democrats first, they are not Repub- it is one of 34 others we sent over to ple said we have no more amendments licans first, they are Americans first. the majority to give us votes on. Our we want to bring up. This amendment was objected to by side isn’t going to let the other side We adopted 136 of those amendments, somebody who actually agrees with the pick our amendments and choose our all but 3 of them with Republican and amendment. If you are home watching amendments that are going to be Democratic votes. To say nobody has this on TV, you are saying what is adopted any more than they would let had a chance to amend this—we had going on in Washington, DC? We have us decide what Democratic amend- nearly 140 amendments, including an amendment that people agree is ments are going to be offered. That ap- amendments from the Senator from going to make this bill better, but yet plies to the Portman amendment as Iowa, others, and myself. All but 3 of it is objected to. Why? Is it because well and the amendment of which Sen- these 136 were by bipartisan votes. there will be one or two more votes for ator TESTER is a cosponsor. I well remember the last night of this bill in the end? Is that why? If it We had this set up where we were that markup, late in the evening. I is, that is not a good reason. asked to put together amendments. It said, does any Senator, Republican or Look, we all live in this country. We happens to be that a Republican Sen- Democratic, have another amendment all want this country to work. We all ator, somebody who just spoke and was they want? No. There were not any want it to continue to be a leader in involved in this colloquy, asked me to more amendments, and we voted out the world. This amendment makes a put together some amendments. I the bill. good bill better. worked hard with a lot of dissenting We have offered to have rollcall votes I want to kick it to the Senator from Republicans about how we should do on 15 Democratic amendments, 17 Re- Ohio for his closing comments on this this process, put together 34 amend- publican amendments, and then an- amendment. ments and gave them to that Senator. other 29 amendments that everybody The PRESIDING OFFICER. Without He was going to negotiate with the agrees should be passed and do them en objection, the Senator from Ohio is leader or the majority. bloc in the managers’ package. recognized. It seems to me I ended up giving my Now I know some—not the Senator Mr. PORTMAN. I thank my colleague amendments to an errand boy, didn’t from Iowa because he has been here a from Montana. There was some discus- do much negotiation. We are here long time, but I know some Senators sion, both by Senator LEAHY—who ac- where we are. are new to this body. I have been here tually was complimented earlier in his Also for that Senator, I wish to tell 38 years. I have seen great legislators absence about the way he handled this him that he said we could do 15 vote in the Republican Party and great leg- bill in committee, by Senator GRASS- amendments now, then maybe 15 more, islators in the Democratic Party. We LEY, because of the amendments he did and then maybe 15 more. always talk about the hundreds of offer and allowed Republicans and The unanimous consent request said amendments we know we are going to Democrats to offer. after we do those amendments we were get down to a finite number. Then you To my friend, the majority leader, asked to do, the bill be read a third agree to vote on those, and you usually and to the Senator from Vermont, yes, time and the Senate proceed to vote on have a managers’ package where both we were offered, Senator TESTER and I final passage of the bill. There Republicans and Democrats agree these were offered the opportunity to put the wouldn’t have been a tranche of so can be done en bloc. This is what we legislation into the Hoeven-Corker many and then another tranche. have done. There are several amend- amendment. Here we are, even though I think it is ments here on the floor. We have of- By the way, the idea there was that a pretty good amendment. We were fered 15 Democratic, 17 Republican, and we had to cosponsor that amendment promised a free and open process of another 29 en bloc. sight unseen, which ended up being amendments, and the Group of 8 prom- The objection did not come from the about 1,200 pages. We chose not to do ised that from day one that they put Democratic side. It came from the Re- that, Senator TESTER and I, for a very their bill down, that this bill can be ap- publican side, including some who said simple reason, which is we wanted to proved. they would never vote for any immi- have a debate and a vote on this issue. We have had a chance to improve it gration bill whatsoever. I have discussed this on the floor now by a dozen votes, and that is it. I am The distinguished majority leader three times, and I will discuss it once sorry for Mr. PORTMAN and for Mr. has more patience than the Senator more. Apparently the Senator from Ne- TESTER that I have to object to their from Vermont. I applaud him for his vada wasn’t there to hear it. amendment, but I do object. patience. We believe—and I am passionate I think if we had 21⁄2 weeks, we could I have not spoken on this point, and about this, as you can tell—that if we have been doing a lot of these other I apologize for taking the time, but it don’t fix the workplace we cannot have

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5251 an immigration system that works. It very discouraged by the fact that it So I just want to say that everybody is as simple as that. And to not have a now appears there might be some sort knows what happened. The Republican separate debate and a separate vote on of a roadblock here. Let’s get a reason- Members of the Gang of 8 said we this amendment, on this issue, does not able list, let’s get reasonable time lim- would have an open process. Right give us the possibility of sending this its, and let’s work through these after the vote Monday afternoon, they over to the House with a strong mes- amendments. We could be doing them told me they were going to work for a sage and maximizing the chance the right now. We could have done them process, but I knew then that the deal House of Representatives will see that yesterday. We could do them tomor- had been cooked and that this wouldn’t strong bipartisan vote on this impor- row. We could be here over the week- result in something that would work tant issue of workplace enforcement to end. and be fair. ensure it is part of the final package. It Two years ago we stayed in over the Mr. VITTER. Will the Senator yield? is that simple. July 4th recess to talk about the Buffet Mr. SESSIONS. I would be pleased to If it had been part of the so-called rule, which never went anywhere. This yield to the Senator from Louisiana. border surge amendments, rightfully is not substantive legislation that we Mr. VITTER. I thank the Senator so, Members from the other body and actually hope will become the law of from Alabama for yielding, and I want others observing this process would the land and have a major impact on to echo these concerns. I, for one, have have said it wasn’t about E-Verify, it all of us as American citizens and the been filing amendments and trying to wasn’t about the workplace, it was future of our country, a nation of both get votes on important amendments about the border and about the 20,000 immigrants and laws? for weeks, since the very beginning of new Border Patrol agents, and they I ask again, Mr. President, that Re- this process. I started the first day of would have been right. Let’s be honest. publicans be reasonable, Democrats be this debate, and I haven’t let up. We asked for something simple: Give reasonable, and let’s come together The Senator from Alabama is exactly us an opportunity to have a debate. It with a list that makes sense, and let’s correct. A slow, halting amendment is not about us, it is not about politics, vote on these amendments. Let’s start process at the beginning was com- it is about the substance of the legisla- doing our work. pletely shut down by the proponents of tion, to make sure that coming out of With that, I yield the floor. this bill as soon as they identified a the shadows will actually happen be- The PRESIDING OFFICER. The Sen- path to pass the bill. As soon as they cause folks will find it more difficult to ator from Alabama. put together the major elements of the find jobs if they are illegal, to ensure Mr. SESSIONS. I thank the Chair for Corker-Hoeven amendment, then the that we don’t have a future flow of ille- allowing me to have the floor. amendment process was shut down. gal immigration because we have, Look, we were moving—Senator Now they are trying to resurrect a lit- again, an employment verification sys- GRASSLEY had a list of 16, 18 amend- tle bitsy piece of it at the tail end of tem that works, and to show that there ments Wednesday night. He was pre- the entire debate. For what reason? is bipartisan support for that. pared to begin the voting on those For the purely cynical reason that Look, it is, frankly, not a very pop- Thursday, Friday, Saturday if need be, they can get a few amendments they ular part of the legislation, and over as Senator REID had said we could want up to try to grow and maximize the years it hasn’t been. In 1986 it work on Saturday. Monday, what hap- their vote. Well, that is a purely cyn- wasn’t. That is why it was never imple- pened? They had the super-amendment, ical, one-sided process, and I, for one, mented, because there is sort of an un- they had the Corker-Hoeven amend- won’t stand for it. holy alliance among employers, among ment, and the majority decided to sit I have been here urging my amend- those representing labor union mem- on that and not allow any amendments ments from the beginning and consist- bers, among those representing certain to occur Thursday, not allow any ently. The Senator from New York was constituent groups who feel there amendments to occur Friday, and only on the floor a few minutes ago saying might be some discrimination or other have a cloture vote on Monday. And this was some last-minute plea. It issues. That is why we have carefully that vote—I don’t think our Members hasn’t been last-minute on my part. I drafted this amendment to address understood fully—gave complete power started on day one, and I continued on those concerns, and we wanted to be to the majority to dominate this proc- day two and continued on day three, sure we had a separate debate and vote. ess, to end the idea that we would have all through the process. I was ready By the way, we are talking about a 5- an open, fair process. It ended with the with my amendments early on. Friday, minute debate, and we still hope we cloture vote Monday. I organized a letter expressing this will get it because it makes too much We were in the process to vote on a very concern about the shutdown of sense. We could not believe—Senator series of amendments. Senator GRASS- the amendment process and organized TESTER and I could not believe that LEY worked and worked, and he got 35 signatures and sent that letter on Mon- couldn’t be possible in this body, that amendments that he said we would day to the distinguished majority lead- the world’s greatest deliberative body agree to, out of the hundreds that were er. couldn’t spend 10 minutes debating this out there, to have votes on. Yet now So my plea for votes on significant crucial issue to show, on a bipartisan they come back and say 15 or 17, and amendments didn’t start today. It basis, what kind of support there is for now we are going to do this, and we didn’t start yesterday. It has been part not just dealing with the border but want this amendment and that amend- of the entire floor process, but that also dealing with the workplace, which, ment. process has been completely controlled in my view, is the critical element The process, I hate to say—it is pret- and manipulated in a one-sided way by here. ty obvious to me—on Monday after- the proponents of this bill, and now We made a mistake in 1986 by not noon was altered. We had gone from an they just want a few amendments at writing the legislation properly and open debate process, as Senator LEAHY the end. Why? No. 1, so they are not not implementing what we had in conducted in the Judiciary Com- embarrassed by the complete shutdown terms of employer sanctions. That is mittee—at the end of it, he did say: they have orchestrated; and No. 2, so one reason. Although 3 million people Anybody else have anything else they they can try to buy a few more votes were given legal status and amnesty, want to offer? And there was nothing for the bill on cloture. Well, that is not millions more came, to the point where else to offer, and he voted. an open process, that is not a fair proc- now 12 million people are living in this The committee was not a normal ess, nor is it fair to be picking and country in the shadows. We have to be committee. We had four of the Gang of choosing what amendment votes I get. sure that problem is addressed, and 8 on it. So the vote after vote after All of the amendments by myself and that is why legitimately we thought it vote, including two votes on E-Verify others are germane. would be appropriate for this body to that would have strengthened the bill, This is not reasonable in any way. So take up that issue and have a vote on was voted down. Votes on the earned- I proudly join the Senator from Iowa in it. income tax credit—fixing and honoring objecting to that offer, which was com- I stand by that. I think we made the the promise not to provide that welfare pletely cynical and one-sided. right decision, although I am very, payment—were voted down. I thank the Senator for yielding.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5252 CONGRESSIONAL RECORD — SENATE June 26, 2013 The PRESIDING OFFICER. The Sen- the majority leader, they were going to They go on to say this about the bill: ator from Alabama. offer the other amendment. Why? Be- It was deliberately designed to undermine Mr. SESSIONS. I thank the Senator cause I don’t believe they want to ex- the integrity of our lawful immigration sys- from Louisiana for his comments, and I pose their Members to that vote, basi- tem. thank Senator PORTMAN for providing cally providing benefits to non-U.S. They go on to say: some good language to improve our sit- citizens that they know full well the This bill should be opposed and reforms uation. American people do not support. should be offered based on consultation with I truly believe what happened Mon- So, once again, I appreciate Senator the USCIS adjudicators who actually have to implement it. day afternoon heralded deep trouble. GRASSLEY’s efforts. I also fully support There was deep trouble the week before Senator PORTMAN’s amendment as Nobody asked them. They met in se- when a dramatic reversal of enforce- well. He is exactly right. The way we cret with the special interests, big ment ideas came about to throw money stop illegal immigration is by reducing business interests, the La Raza inter- at this problem come Friday. That is the demand for illegal border crossings. ests, the agriculture interests, the Im- what happened, and the process has We do that by shutting down the de- migration Lawyers Association, but been shut down essentially since then. mand for that labor. they didn’t have any of the officers Mr. JOHNSON of Wisconsin. Will the Again, we want to welcome legal im- there. I wrote and asked them to meet Senator yield? migrants through a legal process, but with them. They still refused to meet Mr. SESSIONS. I will yield to the we cannot tolerate this lawlessness and with them because they didn’t want to Senator from Wisconsin. this illegal immigration, and we sim- hear that. The PRESIDING OFFICER. The Sen- ply cannot afford to pay noncitizens On June 24, 2013, ICE’s union associa- ator from Wisconsin. that benefit level. The cost of the bill tion wrote us and said: Mr. JOHNSON of Wisconsin. Mr. is $262 billion, which just makes it very I urge you to vote no as this bill fails to President, first of all, I appreciate the address the problems which have led to the difficult for me to support it. nation’s broken immigration system and in Senator from Alabama yielding the I yield back. fact will only serve to worsen current immi- floor. The PRESIDING OFFICER. The Sen- gration problems. I came down first of all to express my ator from Alabama. They go on to say: gratitude to Senator GRASSLEY for Mr. SESSIONS. Mr. President, one Instead of empowering ICE agents to en- fighting for amendments, and I wish to more thing. First, I agree with Senator force the law, this legislation empowers po- comment on and really affirm what JOHNSON. I offered an amendment on litical appointees to further violate the law Senator VITTER was talking about—the the earned-income tax credit in com- and unilaterally stop law enforcement. This Senator from Louisiana—about how mittee—and four of the Gang of 8 Mem- at a time like no other in our nation’s his- these amendments were chosen by the bers are on the committee—and they tory, in which political appointees through- other side. all voted that down, as I recall, even out the federal government have proven to I have not been an abuser of the Congress their propensity for the lawless though they promised there would be abuse of authority. There is no doubt that, if amendment process in my time in the no welfare benefit for those in the passed, public safety will be endangered and Senate. I try to pick the amendments country illegally who would be given massive amounts of future illegal immigra- and I try to write the amendments I provisional status under this legisla- tion—especially visa overstays—is ensured. think really have a positive impact on tion. So that was a breach of one of the So all this talk about the greatest any piece of legislation. key promises they made when the bill bill ever, it is not so. This bill is much In this case, on the immigration bill, was moved forward. weaker than the bill that was voted I want to solve the problem. I was As a result, we know the earned-in- down in 2007. It was on the way to de- looking for a reason to vote for the come tax credit is not a tax deduction; feat last week, until they had a des- bill. What prevents me from voting for it is a direct check from the U.S. perate claim to throw 20,000 agents at this bill is the huge cost we are having Treasury to people based on a lower in- the border and spend a bunch of money to pay for it. come. It is a welfare-type payment. It without any thought about how it Listen, I don’t want to divide fami- is not a tax deduction-type situation. would work. lies. I don’t want to deport children’s So that was a disappointment in com- I am concerned about this. I think a fathers. I don’t want to deport hus- mittee, that the group’s promises were lot is at stake. We know how the situa- bands and wives. But I also agree with violated, and they have been blocked tion got here. We know what happened. the American people that we cannot— again on the floor. They voted cloture Monday and the we are already bankrupt in this coun- There is one more thing I want to majority leader filled the tree. He, try. We cannot provide benefits to say. I don’t appreciate the idea ex- therefore, has complete control over those people coming here whom we pressed that no matter what would any amendments. The last time in 2007, want to welcome into our country, to happen, Members on this side would there were 47 amendments voted on. contribute to our country, but we can’t not vote for the bill. That is not true. This time, nine have been voted on. be paying benefits. We need, and need badly, an immigra- Even with the 35 Senator GRASSLEY So I offered two amendments—first tion bill that would improve the immi- proposed, that would be less than last of all, to not allow the Secretary to ex- gration system of America, put us on a time. tend the registration period another 18 sound course for the future, would pro- We know what has happened. The months, so we can get this behind us. vide compassionate status for people Corker-Hoeven amendment was able to My other amendment, which I think is who are here illegally and put them in rescue a bill that was in deep trouble, more significant and would help me a situation where they do not have to and now it looks like we are moving on vote for the bill, would be to prevent be deported. And I would support that to final vote, without the ability to immigrants from obtaining the earned- and have said that for years, actually, have amendments, because the major- income tax credit. The American peo- and have said that through this proc- ity will not agree to allow an open ple by a 77-percent margin do not be- ess. process, as was promised, and allow a lieve we should be paying benefits, as But let me tell you what the U.S. number of amendments that were of- we are bankrupting this nation, to peo- Citizenship and Immigration Services fered. ple who are not citizens. Association wrote to the Senate just 2 Senator LEAHY said a lot of amend- The amendment, the one I really days ago, June 24: ments were offered in committee. Why asked for, if it was going to be nar- The . . . immigration bill, if passed, will couldn’t they have been offered on the rowed down from two to one, I asked exacerbate USCIS concerns about threats to floor? Why couldn’t we have voted for for a vote on the amendment to pre- national security and public safety. amendments on the floor? The major- vent the earned-income tax credit—a They go on to say: ity doesn’t get to pick and choose what welfare benefit paid through the Tax It will further expose the USCIS agency as amendments they are going to allow to Code—from being offered to immi- inept with an already proposed massive in- come up. We are either going to have grants. That is the one I wanted, but in crease in case flow that the agency is ill pre- an open amendment process or we are this package, negotiated apparently by pared to handle. not, and it looks like we are not.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5253 I thank the Chair and would yield the der security in return for a form of am- and the on-budget deficit will increase floor. nesty. They say there will be a surge in by more than $14 billion over the next The PRESIDING OFFICER. The Sen- Border Patrol and a fence along the 10 years. ator from Alabama. southern border. We have heard it be- In short, this legislation is projected Mr. SHELBY. Mr. President, before I fore, but they claim two main distinc- to increase Americans’ difficulty in begin my remarks on immigration re- tions between their promise and the finding a job and then reduce their pay- form, I would like to acknowledge the one we heard in 1986. check when they get one. In my judg- diligence and leadership of my col- First, the supporters of this bill say ment, that is reason enough to oppose league from Alabama Senator SES- this bill does not contain amnesty but any legislation like this. SIONS, who has spent a lot of hours on a tough path to citizenship. Second, I understand that supporters of this this floor and in the committee before they say this bill will secure the border legislation point to better economic this on the issue of immigration. I before legalization occurs. But will it? projections in the so-called outyears. commend his relentless efforts to bring I believe neither claim holds water. However, even if those projections to light many of the problems and Under this legislation, once the Sec- prove accurate—which we don’t know— questions surrounding the legislation retary of Homeland Security notifies we should never put the economic well- before us, some he has been talking Congress that the Department has being of Americans on hold. about in the past few minutes. begun to implement a so-called com- Finally, I am deeply concerned that As a Member of the House of Rep- prehensive southern border security this legislation will further strain our resentatives in 1986, I opposed the strategy and a southern border fencing overcommitted entitlement and wel- Simpson-Mazzoli Act, which granted strategy, she can commence processing fare programs. Our Nation, as we all amnesty to nearly 3 million illegal im- applications for registered provisional know, is over $17 trillion in debt. We migrants. Supporters of that law then immigrant status. In addition, the Sec- should be working on a long-term plan promised that it constituted a one- retary must begin implementing these to put our Nation back on sound fiscal time fix to our Nation’s broken immi- plans within 180 days of enactment of footing, not adding to the burden. There is also the issue of competi- gration system. Instead, the promise this legislation. tiveness. Long-term thinking would itself was broken. At least four times I will clarify the legal talk: No later also aggressively promote American as many illegal immigrants now reside than 6 months after this bill becomes competitiveness. Real immigration re- in the United States some 27 years law, those who came here illegally will form presents a golden opportunity to later. be allowed to stay legally. advance that cause. Unfortunately, Despite this failure, the Senate now I will clarify that further: That is tonight is considering legislation that this legislation misses the mark. amnesty. By some estimates, China and India repeats the mistakes of Simpson-Maz- The sequence is also noteworthy. No together graduate nearly 1 million en- zoli. The provisions are different, but I fence must be built before amnesty is gineers each year from their univer- believe the results will be the same. granted. No surge in Border Patrol sities. The United States, by compari- Still, supporters of this legislation be- must occur either. Those things come son, graduates approximately 120,000 fore us promise border security in re- after, not before. engineers. In addition, the Manhattan So I return to the fundamental ques- turn for amnesty, just as proponents of Institute estimates that 51 percent of tion: Will these measures as structured Simpson-Mazzoli did. engineering Ph.D.s and 41 percent of In light of these facts, here is a more stop illegal immigration? The Congres- physical sciences Ph.D.s who are for- credible promise: I believe the child of sional Budget Office, CBO, says no. In- eign born are forced to leave the Simpson-Mazzoli will become the stead, CBO provides only a vague and United States once they get their de- mother of all amnesties. You can call uninspiring assessment that the legis- gree. it what you want. lation will slow illegal immigration by I believe if we care about immigra- Compounding the mistakes made a some amount greater than 25 percent— tion reform, if we want to continue to generation ago will ensure that the if, and only if, the dubious promises of lead the world, we must attract and re- problem of illegal immigration revisits this legislation are fulfilled. tain the best and the brightest minds. generations to come on a much grander Perhaps that is the more salient Yet this legislation would cause a scale. Therefore, I rise to urge my col- point: We don’t know what the impact tectonic population and labor market leagues to reject this deeply flawed leg- of this will be. We don’t know what we shift in the opposite direction. islation. are doing. We only know that even the Specifically, CBO projects that The subject of border security has best outcome will not be nearly among the tens of millions of immi- been talked about in the Senate. Dur- enough. grants who will come to America under ing consideration of the Simpson-Maz- I believe we should know what we are this legislation, there will be seven zoli Act in 1986 in the Senate, my doing. We should know the border is se- low-skilled workers for each high- former Senate colleague and coauthor cure before any discussion of legaliza- skilled worker. It is little wonder then of that legislation stated the following: tion begins in the Senate. that CBO projects that Americans’ ‘‘The American people, in my mind, But there are economic consequences wages will fall. will never accept a legalization pro- to all of this too that people need to Two provisions in the legislation will gram unless they can be assured this is think of. What we do know is that the effect this change. First, the current a one-shot deal.’’ economic consequences of this massive cap on family-based visas will be re- The assurances to which he referred amnesty will make struggling Ameri- moved. This will create an unlimited were border security and tough en- cans struggle even harder. By some es- influx of low-skilled workers. Second, forcement of immigration laws. Spe- timates, this legislation will produce a the cap on visas for high-skilled work- cifically, Simpson-Mazzoli called for 50 surge of more than 30 million immi- ers will be increased, though not nearly percent more Border Patrol personnel grants in just the first decade after en- enough to meet the demand. for 2 years and new penalties for em- actment. Some people believe more. The legislation will also impose oner- ployers who hired illegal immigrants. CBO projects that passing this legis- ous new restrictions on employers Unfortunately, as we know, the former lation brings grim news about what seeking to hire such workers. The au- proved insufficient and the latter was this will mean for working Americans thors of this legislation claimed that it hollow. But it was too late. Nearly 3 as well as those looking for work. contains a merit-based approach, which million illegal immigrants had already For example, the unemployment will ensure that more high-skilled im- been granted amnesty by the time rate, according to CBO, will accelerate migrants receive visas. They emphasize most lawmakers figured out that the over the next 6 years; average wages that their point system emphasizes assurances were basically a sham. for Americans will drop over the next higher education, consistent employ- Despite the drastic increase in illegal 10 years; meanwhile, average wages ment, and English proficiency. Yet immigration in the intervening years, will rise for those granted amnesty or closer examination of the details re- supporters of the bill now before the legalization; economic output per cap- veals that points would also be award- Senate make similar assurances of bor- ita will decrease over the next 10 years; ed on the basis of nonmerit factors,

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5254 CONGRESSIONAL RECORD — SENATE June 26, 2013 such as family ties and civic involve- there is to this day on the streets of takes too long. Instead, find a way to ment. In effect, this dilutes not only Mitchell, SD, a Thune Hardware. The sneak in and wait for the next round of the point system but also claims of a family is not associated with it any- amnesty. merit-based approach that will pro- more, but that is an example, like so Before we get to the point of talking mote American competitiveness. many other cases, of people in this about what a path to legalization I think we have some of the best uni- Chamber as well as those all across the might look like, as a country we first versities in the world. They attract a country who came here in search of the need to be at the place where we can, lot of the most gifted individuals from American dream, in search of a better No. 1, confirm our borders are secure; around the globe, deepening our coun- life for their children and grand- No. 2, know when people have over- try’s vast pool of talent. This, in turn, children. stayed their visas; and, No. 3, have a attracts companies here and abroad, My grandfather raised three sons in system in place where employment is seeking the brightest minds in math, the middle of the Great Depression. limited to those who have played by science, and engineering. Graduates The middle son, my father Harold, be- the rules. will go onto attain high-paying jobs or came an accomplished basketball play- Once we have these tools in place, even create jobs themselves if they are er, went on to star at the University of then we can look at a path to legaliza- allowed to stay here. Minnesota, and when World War II tion. The bill before us today is legal- I believe we must do more to allow broke out he defended his country in ization first and enforcement second. such talent to stay, especially in light combat. He became a naval aviator, That is a promise the American people of an increasingly global and competi- flew off the aircraft carrier Intrepid have heard before. tive economy. during World War II. When he returned Last week I spoke several times on In closing, I would quote Mark to South Dakota he started raising his an amendment that I had offered to Twain, who once cleverly observed: family in the small town of Murdo, this legislation for a border fence ‘‘History does not repeat itself but it which is where I grew up. which, at the time, was voted down by does rhyme.’’ This country was built by immi- a majority in the Senate. I would pre- In the context of immigration re- grants like my grandfather, and our fu- fer if we lived in a world where a border form, the promises we hear today ture both economically and as a con- fence was not necessary, but, unfortu- sound a lot like those we heard in 1986, tinued example of freedom throughout nately, we do not. When I introduced but this time the amnesty will be much the world will be maintained by future that amendment I was surprised to bigger. I believe the consequences will generations of immigrants who come learn from some of my colleagues on be many: undermining the rule of law, here with the respect for the rule of both sides of the aisle that in their failing to secure the border, increasing law and hopes of starting a better life. view it was a waste of money and un- A lot has changed in the world since economic difficulties for American necessary. In fact, one of my colleagues my grandfather came to the United workers and job seekers, eroding our even called it a dumb fence. Yet the States. We face new threats from Nation’s finances, and weakening our substitute amendment agreed to this abroad that attempt to use our porous competitive position internationally. week now calls for 700 miles of fencing I believe one of our fundamental re- borders to harm this Nation and to de- along the southern border. sponsibilities as lawmakers is to sup- stroy our way of life. In addition to With this new compromise, instead of port policies that foster the conditions these new national security challenges, the fence being a bad idea, now all of a for job creation and economic pros- we depend on a more dynamic system sudden—and I guess it is not unlike perity in America. I believe we must of commerce, trade, transportation, some of the evolutions that occur remain a welcoming nation, but we and communication. Our government is around here—it is a good idea. I appre- must always put Americans first. also larger and now offers a broad so- ciate that some of my colleagues ap- In my judgment this legislation fails cial safety net to a growing and aging preciate that good fencing is a key in many corners, and it fails most population. To maintain our system of component of border security. tests. Accordingly, I will respectfully government, while encouraging future but firmly oppose it, and I urge my col- generations of immigrants to come I would like to make clear that this leagues to do the same. here, our immigration policy must pro- 700 miles of fencing is not a trigger I yield the floor. vide a clear path for those who wish to that is a precursor to legalization. The The PRESIDING OFFICER. The Sen- come legally while enforcing the rule amendment agreed to in the Senate is ator from South Dakota. of law. As lawmakers, we have to look still legalization first and the promise Mr. THUNE. Mr. President, I want to at each piece of legislation that comes of border security down the road. speak to the underlying legislation to the Senate floor based on its own What the amendment I offered called that we are debating in the Senate merits and the impacts that it will for was 350 miles of fence to be com- today. I want to acknowledge that, like have on our Nation. pleted prior to RPI status being grant- many of my colleagues in the Senate, I The immigration bill before the Sen- ed. That would have meant border se- am a descendant of immigrants. Only ate has many aspects of it that I can curity first, then legalization. Addi- one generation separates me from a support, but there are elements of this tionally, I had proposed a double-lay- grandfather who was born in Norway legislation that cause me concern. I ap- ered fence to prohibit pedestrian traf- but came to America with his brother preciate the effort of those who have fic, which is different than the single- in hopes of making a better life. My worked in drafting this bill to find a layered fence in the current legisla- grandfather and great-uncle, when they way to address the 12 million undocu- tion. came through Ellis Island, their given mented workers who are currently liv- It would be insincere to claim we name was not the name I have today. ing in this country. However, if we are want to discourage illegal immigration It was Gjelsvik, and when they got to going to fix the problem, we need to do and yet have a border that anyone can Ellis Island the immigration officials so in a way that doesn’t result in the walk across, in some places without there asked them to change their name Senate having the same discussion even knowing that a border has been because they thought it would be dif- again and again in years to come. crossed. No border fence will ever be ficult to spell and pronounce for people The solution to the problem of illegal 100 percent effective, we know that. in this country. So they picked the immigration is not Congress passing But a physical barrier along with in- name of the farm near where they new laws every few years that provide creased use of technology will stem the worked near Bergen, Norway, which for legalization without securing our flow of pedestrian traffic. On the few was the Thune farm. So Nicolai borders. That sends the wrong message sections of our border where a double- Gjelsvik became Nick Thune, my to natural-born citizens and those layered fence is already in place, this is grandfather. waiting outside of our country to enter verifiably the case. When they got here they worked on legally. Another provision being touted as the railroad, saved up enough money to What legalization before enforcement part of the compromise version of this buy a merchandizing store, which even- communicates is if they want to come legislation is the inclusion of 20,000 ad- tually became a hardware store, and to America, don’t play by the rules; it ditional Border Patrol agents to secure

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5255 our southern border. Prior to this com- the road. The drafters of the legislation an opportunity to debate or vote on promise, our colleague from Texas Sen- could point to many specifics that they those amendments. ator CORNYN was criticized for pro- hope to see in place, but these promises I am hopeful that as this bill moves posing 10,000 new agents. I would hear of additional fencing, E-Verify, elec- out of the Senate sometime tomorrow people coming down on the floor say- tronic entry-exit, and more Border Pa- and gets to the House of Representa- ing: We can’t have that. How are we trol agents could be years away—if tives it will be strengthened in ways I going to pay for it? We don’t have the they ever happen at all. There are vir- can support. It is time we keep our money to pay for this in the bill. tually no border security or interior promises to the American people by se- Now the increase of 20,000—double enforcement border security measures curing our borders as we seek to reform the number proposed by the Senator in place prior to the initial legalization our immigration system. I hope before from Texas—is being defended and even of 12 million undocumented workers. this is all said and done and this proc- celebrated by my colleagues who were I would like to see a border security ess reaches the final finish line, which criticizing the increase only a week package that brings real border secu- would be the President’s desk, it has ago. I am still not sure how these addi- rity prior to legalization. Unfortu- the right types of enforcement that put tional Border Patrol agents will be nately, this bill is not it. border security first and addresses paid for, nor am I sure how Customs We are a nation of immigrants, but what I think are the broken promises and Border Patrol will be able to dou- we are also a nation of laws. It is im- that have been made to the American ble in size in a short period of time. portant that these laws are respected people too many times in the past. I want to point out that those who and enforced in accordance with the The American people need to be as- are proposing this—and, again, when Constitution and with respect to our sured once and for all that we are seri- this was originally proposed, the un- immigrant heritage. We must have an ous about the issue of enforcement and derlying bill had about $8.3 billion in it immigration system that rewards the issue of border security, and that for infrastructure and other things those who play by the rules and come the past promises and assurances that were called for in the bill. But to the United States through legal which have been given in the past are adding 20,000 Border Patrol agents now, means. In considering changes to our not all empty rhetoric and hollow talk with all the other spending in the bill, laws, we need to promote and reward and mean something. We can do that, has driven the cost of this up from lawful behavior rather than providing but unfortunately this bill fails to get about $8.3 billion, which was going to incentives that would encourage even the job done. be paid for in the form of fees, to now more illegal immigration. I yield the floor. about $50 billion in costs. The argu- In 1986 Congress passed the Immigra- The PRESIDING OFFICER. The Sen- ment is, that is OK because it is going tion Reform and Control Act offering ator from New Jersey. to be paid for. The CBO has said this is amnesty to roughly 3 million people. Mr. MENENDEZ. Mr. President, I going to generate a surplus over the Today the population of illegal immi- know many of my colleagues are very next 20 years. grants in the United States is esti- talented attorneys. I am reminded of How is that surplus? How did they mated to be around 12 million. the adage that when you are a lawyer, come up with that estimate? Of course, Did the 1986 amnesty legislation if you have the law on your side, you first of all, it is a payroll tax number. solve the problem? No, it did not. Yet argue the law. If you have the facts on They are assuming that people who today here we are again proposing a your side, you argue the facts. But if come here are going to start paying very similar package which repeats the you have neither the law nor the facts payroll taxes into the Social Security same mistakes made in the past. Law- on your side, you bang on the table and trust fund and into the Medicare trust ful immigration makes our commu- create a diversion. fund—all probably fair assumptions. nities, our economy and our country What I have heard a lot about here The only thing about that is when stronger. Our current immigration sys- today is clearly a diversion because it those payroll taxes come into those tem needs to be fixed in a manner that is not either the law we are promoting trust funds, at some point their as- continues America’s great heritage as or the facts, which seem to be pretty sumption is they are going to be paid a nation of immigrants. Unfortunately, stubborn, but sometimes for people in out in the form of benefits. So they as this bill currently stands it will not this Chamber I guess the facts are not took payroll tax surpluses and counted solve the problem. Unless we see an impediment toward their argu- those as the way in which they would changes that emphasize border security ments. pay for the spending in the bill. and the rule of law before legalization, I will try to get to what this law is However, if we actually look at what I will not be able to support this bill. and what the facts are. My colleague the CBO said, if we take out those So- And that is not because I oppose immi- from Alabama Senator SESSIONS likes cial Security and Medicare trust fund gration reform. It is because this is not to whip out the phrase ‘‘welfare bene- surpluses, the general fund—or I guess a piece of legislation that will help our fits.’’ Let’s make it clear to the Amer- you would say excluding the FICA pay- country in the long run. This legisla- ican people we have not permitted wel- roll tax surpluses amount on this—is a tion will provide instant legalization, fare benefits for anyone under existing $70 billion deficit. If you back out leaving in place many of the same law who is undocumented in this coun- Medicare, it is only a $14 billion on- problems which led to the situation, try. We extend that and actually to budget deficit, but it is still a deficit while exacerbating other problems. some degree enlarge it in this law we under the bill. I filed an amendment that would are promoting. So to throw that out To suggest this is all going to be paid take many of the triggers being touted carelessly and suggest: Oh, there are for by savings that are going to occur as part of this latest substitute amend- welfare benefits—there are no welfare because of additional payroll taxes ment and make them prelegalization. benefits. The existing law stops welfare misses the point that those are payroll If this amendment were to be accepted, benefits for anyone who is undocu- taxes that go into those trust funds on the bill would become enforcement mented in the country, and we extend the assumption they are going to pay first and legalization later. We may not it in this law. benefits at some point in the future. get to the point in the Senate where I must say I am chagrined when I These are temporary savings; these are that type of change is going to be con- hear my colleagues speak about certain not savings we can count. In fact, when sidered. Americans who are part of civil soci- we do the on-budget analysis, we come As we wind up this debate and move ety, part of our civic fabric, part of na- up, again, with a deficit of $14 billion. to the finish line in terms of final pas- tional organizations such as La Raza If we take out the Medicare surplus, sage, it sounds as though additional and somehow are spoken of as if they payroll tax surplus, we end up with a amendments are probably unlikely to are second-class citizens and that I $70 billion deficit. be considered, which is unfortunate. should bend at the altar of some others While I appreciate, again, the work of We have a lot of colleagues, as was who Senator SESSIONS believes are my colleagues to improve the bill, the talked about earlier, who have lots of somehow superior. They have every final product is still legalization first good ideas that would improve and right, as a U.S. citizen, to voice their and promises of border security down strengthen this bill. We will not have opinions about what our government

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5256 CONGRESSIONAL RECORD — SENATE June 26, 2013 should do in this question of immigra- in the first 10 years after enactment. tells us the 11 million people who are tion reform. I don’t care for the cat- What does that mean? That means living in fear in the shadows are not, as egorization of people who are engaged from all the output of this Nation, some would have us believe, part of as ordinary citizens of this country to gross domestic product would grow America’s problem, but by bringing be treated as if they were some second- dramatically. When we see growth at them out of the shadows will be part of class citizen. that additional rate, it means every our solution. It is the key to economic Only in Washington could we hear an American prospers as a result of it. growth. argument that somehow public safety Then it went on to say an additional Also, immigration reform, according will be ‘‘endangered’’ as a result of this 5.4 percent of gross domestic product to their views, will also save Medicare legislation. There are 20,000 additional increase would exist in the second 10 and Social Security trust funds. In so border agents and more resources are years. That means even greater many ways these are so incredibly im- going to immigration enforcement growth, which means greater opportu- portant. than all other Federal criminal en- nities for all Americans here at home. I heard that somehow this will create forcement agencies, and somehow that It also means the bipartisan immigra- challenges on the question of wages. creates greater endangerment of the tion reform we have been debating in Well, as I listened to some of my col- public safety? So 20,000 more Border the Senate will actually grow our econ- leagues make their remarks about the Patrol agents will somehow make the omy, not harm it, as some of the most CBO’s reports on wages, I don’t think Nation less secure? Only in Washington ardent opponents have tried to argue. I the numbers say what they believe could some of the detractors of this have been saying that, as well as many they say. They were talking about how legislation suggest that 20,000 addi- others, all along. American families’ wages would go tional border agents and doubling the What else did the Congressional down. The report explicitly says that is Border Patrol makes us less secure. Budget Office tell us? It told us we are not the case. In fact, Ezra Klein wrote Only in Washington could 700 miles of going to reduce the deficit. We are in the Washington Post that the idea fencing make the Nation less secure. going to reduce the deficit by—I think that immigration would lower wages of Only in Washington could the sugges- I have the wrong chart. Let me look. already-working Americans is ‘‘actu- tion be made that an entrance-exit visa This is actually taxes paid. We had a ally a bit misleading.’’ program to check who is coming in and chart, but basically what it says is that As for folks who are already here, the making sure they leave or else they it is going to reduce the deficit by $197 Congressional Budget Office is careful can be pursued is making us less se- billion over the first 10 years, and an to note that their estimates ‘‘do not cure. Only in Washington could we additional $700 billion over the second necessarily imply the current U.S. resi- think about a mandatory universal E- 10 years. That is $900 billion of deficit dent would be worse off in the first 10 Verify Program that has been en- reduction. years.’’ And in the second 10 years they hanced under this legislation and We will have nearly $1 trillion of def- estimate the average American wages somehow that makes the public less se- icit reduction as a result of this legis- will actually rise as a result of immi- cure. lation. That deficit reduction is crit- gration reform to the tune of about This comes from some of the very ical for the Nation’s economic growth, $470 billion, an average annual increase voices that for so long have said, we prosperity, and to make sure the next in jobs of 121,000 per year for 10 years. need more Border Patrol agents and generation doesn’t bear that burden. That is 1.2 million additional jobs to more fencing. When they finally get According to the Congressional Budget the United States. It is $470 billion in the Border Patrol agents, fencing, and Office, that is what we are going to get increased wages of all Americans. E-Verify system nationally mandated from achieving passage of this legisla- The truth is stubborn. Crush it to the so everybody who gets a job or seeks to tion and ultimately moving it into law. ground and it springs back. get a job is going to have to go through The report went on to say revenue In addition to that, I have to remind the system, as well as an entrance-exit will come in a whole host of ways, such my colleagues as they come closer to visa program that is going to be imple- as payroll taxes, income taxes, fees, having to cast a vote—and I hear some mented, and they still say: Oh, no, it is and fines estimated to be about $459 voices who say: Oh, I would be open to either not what we wanted or it is not billion in the first 10 years and $1.5 tril- vote for the bill if this or that. Immi- enough. lion in the second 10 years. It also grants constituted 12 percent of the And triggers—my God. Personally, found there were fewer unauthorized population in the year 2000, but they from my perspective, we are trigger individuals coming into the United accounted for 26 percent of the Nobel happy in this bill. We have more trig- States under the bill. Prize winners based in the United gers in this bill than I have seen in vir- One of the things the CBO said was: States. Twelve percent of the popu- tually any other legislation. I believe Well, there will be those whom we are lation, immigrants; 26 percent Nobel we have up to five triggers. We have concerned will overstay future visas. Prize winners. They made up 25 percent five triggers that have to be pulled, Two things on that score, and one of public venture-backed companies which means they have to be achieved point my colleagues have used consist- that started between 1990 and 2005. The before they can move forward to citi- ently: No. 1, which visas are they talk- fact is immigrants receive patents in zenship. That is a pretty significant pe- ing about? Are they talking about the our country at twice the rate of native- riod of time. visas our Republican colleagues have born populations. Now to the suggestion about costs. largely championed for businesses in So the bill’s overall effect on the Well, this is one of the elements of this country they want to see grow? overall economy is unambiguously where facts are a stubborn thing to Some have amendments to grow it positive. One can try to distort it any overcome. Truth crushed to the ground even more. Those are the visas CBO way one wants, but that is simply the still springs back. So what does it say? talked about ultimately having the case. Well, let’s start off with what it says concern that people may overstay. Those are the economic benefits re- about the deficit. This isn’t me saying That is why the entrance-exit visa pro- futing some of the things I have heard it as a proponent of the bill, as the gram is so important to ensure that here. Wages go up for all Americans, Gang of 8. The Congressional Budget doesn’t happen. jobs get increased, GDP growth takes Office—the nonpartisan entity of the It is ironic, again, how they can place, the deficit is reduced. How many Congress that both Democrats and Re- argue all sides here. Because if we look things will we do in the Senate that publicans rely on for an analysis of at what CBO said, they said the poten- can bring all of those elements to- whether a piece of legislation will cost tial for overstay of those new visas gether? Maybe some pieces of legisla- money, what sort of economic impact would be the issue. That is why this tion might be about job growth. Maybe it will have, and what the consequences employment verification system and some pieces of legislation might be will be—came to their own independent the entrance-exit visa program is so about GDP growth. Maybe some pieces conclusion. important. of legislation might be about how to They said the gross domestic product The bottom line of the Congressional reduce our deficit. But what singular would ultimately grow by 3.3 percent Budget Office report is pretty clear. It piece of legislation, according to the

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5257 Congressional Budget Office, brings all We did have nine amendments; over- away. If they do, then they have an op- of those elements together? I would whelmingly, they were Republican. portunity to earn their way after a dec- suggest not one that I have seen in the Then we had the Corker-Hoeven ade in this country toward permanent last 7 years. amendment, which of course had the residency and then later on to U.S. I know there is a lot of thrashing and most dramatic, significant impact on citizenship. gnashing and banging on the table be- border security. But there were an ad- So let’s say it as it is. If you don’t cause when a person doesn’t have the ditional nine amendments that were want a pathway to citizenship, then law on their side and when a person included in Corker-Hoeven. All of stand in the Chamber and make a case, doesn’t have the facts on their side, them, I understand, were Republican. if a Member doesn’t want a pathway to they create a diversion. There have We would have had a 10th amendment citizenship under any circumstances. been a lot of crocodile tears related to because, I understand, as has been said My colleagues have the right to have the request for amendments. here—and I was asked as part of the that opinion. I would strongly disagree Let me just say, first of all, this Gang of 8, can you accept this. The but don’t hide behind procedures and whole process began with a bipartisan Portman amendment on E-Verify amendments. Tell me what legislation group of Senators who had input from would have been part of that package, has come before the floor grows GDP in their colleagues. They did not, in and and we wouldn’t be debating about our country, grows jobs in our country, of themselves, the Gang of 8, just say whether that is here; it would have increases wages of all Americans, and this is my view of what needs to be been part of that package. reduces the debt by nearly $1 trillion. I done. They went back to their cau- Then we had an offer by the majority haven’t seen it. cuses. They asked: What are the foun- leader of 17 additional Republican That is what the opportunity is be- dations, what are the principles we amendments and that was rejected. A fore the Senate. That is why no diver- need? There was a lot of input during whole host of those amendments were sion will ultimately sell with the that whole period of time. I constantly from some of the most ardent oppo- American people. In poll after poll heard from my four Republican col- nents of this legislation. after poll across the landscape of this leagues of the Gang of 8 how they had So this thrashing and gnashing about country, Americans have said across spoken to X or Y Senator and how they process—look, I understand if one believed this was necessary, what were the political spectrum—Republicans, doesn’t want to get to a final judgment some of the essential elements, and Democrats, and Independents—they and they want to do everything pos- those got incorporated through the want to see our broken system fixed. sible not to get there; they want to do process. They got incorporated through When the elements of this legislation— everything possible not to see the leg- the process in which the legislation all of its elements—have been tested, islation move forward because they was ultimately devised and put forth. they have overwhelmingly won sup- fundamentally disagree. Let’s be hon- They got incorporated, unlike the 2007 port. est. Let me make my final point. There bill referred to by several of my col- That is why I am proud of our col- is a universe of our colleagues in which leagues. The 2007 bill on immigration leagues, both Democratic and Repub- no pathway to citizenship would ever did not go through the process of the lican, who have chosen to finally tack- Judiciary Committee. It didn’t go be accepted. That is the unseen ele- le a tough challenge and actually do through the Judiciary Committee proc- phant in the room, but there is a uni- something to fix this problem and to ess. This bill did. It went through that verse of our colleagues—as a matter of show America this institution can ac- regular order. Over 212 amendments— fact, some of them are more overt tually work. That is the other side ben- 212 amendments—were considered. about it. They show it by virtue of efit of everything I have just talked Over 136 changes, amendments, were even some of the amendments they about in terms of economics, of secu- accepted; 43 Republican amendments wanted to offer in which there would be rity, of promoting our future, of cre- were adopted, and all but 3 of those 212 no pathway for citizenship whatso- ating greater jobs, of creating growth votes, from what I understand, were bi- ever—trigger, no trigger, any set of cir- and prosperity, of having the best and partisan votes. cumstances. We have seen the con- the brightest in the world be able to So we had 136 changes to the law that sequences of that in Europe. The con- help us continue to be a global eco- the Gang of 8 proposed. Then we came sequence of that is that we create un- nomic leader, which is that the Senate to the floor. What happened on the rest in the community. can actually function. floor? This bill, which has been on the It is not OK to exploit 10 or 11 mil- That is the opportunity before us: floor for 20 days—this didn’t just pop lion people and not let them have the fixing our broken immigration system, up. It has been on the floor for 20 days, chance to make themselves right and showing this institution can function which is nearly 3 weeks of Senate floor earn their way into citizenship in the in a bipartisan process, and ultimately time. What happened at the beginning United States. It is not OK to say there preserving our legacy as a nation of is that every time there was an effort can never be a pathway to citizenship immigrants. to offer unanimous consent requests on when they are the ones who are bend- I always say that the greatest experi- the question of amendments, there ing their backs over, picking up the ment in the history of mankind is the were objections by the other side. crops my colleagues and I get to eat United States, the greatest country on There were objections against amend- every day for dinner or for breakfast. It the face of the Earth. A part of Amer- ments offered by their own Members is not OK to have that immigrant who ican exceptionalism is that experiment because those who oppose this legisla- is taking care of a loved one with a we have had, to bring from different tion, no matter what, did not want to tender heart and warm hand, helping lands different people who have con- give Members an opportunity for a vote with their daily necessities, and say tributed enormously to this country. on their side, because they believed if they can never get a pathway to citi- Tomorrow, I hope to show a series of their amendments were adopted, the zenship. It is not OK to have had chick- Americans whom we have proudly held Member would agree to vote for the bill en for dinner tonight and not under- up as examples of greatness, who, in because they had made the improve- stand that this is from the cut-up fact, would not be here today but for ment they sought to the underlying hands of an immigrant worker. It is the opportunities—sometimes under a bill they otherwise could support but not OK to say the country is somehow legal immigration system and some- with the change they were offering. less secure by virtue of what we are times not through a legal immigration So, strategically, they decided not to doing. system—who have served this country allow their Members to ultimately I have said it many times: I don’t greatly, whom we admire and, at the have amendments because they were know who is here to pursue the Amer- end of the day, we show as examples to afraid they would join in the growing ican dream versus who might be here our children of what a person can do cadre of Members who were supporting to do it harm unless I bring people out for one’s country, what a person can the bill. It wasn’t about who gets to of the shadows and into the light. They achieve for one’s Nation, and models to pick or choose amendments; it was a go through a criminal background hold up to the world. I can’t wait to strategic decision and that took the check which they have to pass, and if share that with the rest of my col- better part of the first 2 weeks. they don’t, they get deported right leagues in the Senate.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5258 CONGRESSIONAL RECORD — SENATE June 26, 2013 With that, I yield the floor. MORNING BUSINESS But deep down inside... something far much more important out to The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, I ask unan- HEINRICH). The Senator from Georgia. him so cried! imous consent that the Senate proceed To serve his country and beloved New Jer- Mr. CHAMBLISS. Mr. President, I to a period of morning business, with am going to begin my comments, but I sey, Senators allowed to speak therein for his heart would decide! am told by the majority leader he may up to 10 minutes each. Like his favorite band Bon Jovi, want to come in and do wrapup, and I The PRESIDING OFFICER. Without ‘‘like a cowboy’’ he wanted it ‘‘dead or am perfectly comfortable with him objection, it is so ordered. alive!’’ coming in and interrupting me if he Until, finally rising all the way to the top, does get to the floor to do that. f To The Senate Floor where he would so stop Mr. REID addressed the Chair. as he so strived! TRIBUTE TO ALBERT CAREY In thirty years, The PRESIDING OFFICER. The ma- CASWELL jority leader. It became oh so very clear! Mr. REID. Mr. President, I would ask Mr. REID. Mr. President, I rise to The title of a United States Senator, He was so meant to own! my friend from Georgia, through the recognize a man, Albert Carey Caswell, who has dedicated his life to recount- Upon the Senate floor, Chair, if I could do the closing script. where his great shadow would be so cast for It will take about 2 or 3 minutes. ing the stories of our Nation’s history evermore! Mr. CHAMBLISS. Certainly. to the visitors of the U.S. Capitol, as Now Let’s Be Frank, Mr. REID. Mr. President, I do appre- well as many others who have partici- you were one hell of a public servant and ciate the Senator’s courtesy very pated in Albert’s tours. that’s for sure! much. Albert’s poetic talent and upbeat at- For yours was a life of standing tall To somehow, UNANIMOUS CONSENT AGREEMENT—EXECUTIVE titude has enriched the lives of his col- someway make it a better world for one and CALENDAR leagues, Senators, staff and visitors during his nearly 30-year career in the all! Mr. REID. Mr. President, I ask unan- For you had a style and a grace! imous consent that notwithstanding U.S. Capitol. And a look and a smile upon your face! rule XXII, at 11:30 a.m. tomorrow Albert is known for his gift of words, And a presence and a command morning, Thursday, June 27, the Sen- in poetry and in prose, which have left That so said that you so belonged in this ate proceed to executive session to con- an indelible mark on the CONGRES- place! sider Calendar No. 179, Anthony Renard SIONAL RECORD, as more than 150 of his And even though you retired, Foxx, to be Secretary of Transpor- poems are included in the RECORD. you went home and still you had the fire! So you came back, tation; that there be 2 minutes for de- More recently, Albert wrote a poem to honor the late Senator Lautenberg To ever one her to so inspire! bate equally divided in the usual form; Let’s Be Frank, that following the use or yielding back from New Jersey. one could not have lived a life much more of time, the Senate proceed to vote Albert got to know Senator Lauten- higher! without intervening action or debate berg from years of escorting veterans Right up to the end, on the nomination; the motion to re- around the U.S. Capitol. Albert had im- What you did Frank but so meant so very consider be considered made and laid mense respect for Senator Lauten- much! upon the table, with no intervening ac- berg’s military record as well as for his But as a family man, as where your greatest accomplishments tion or debate; that no further motions enduring commitment to public serv- ice. would stand as such! be in order; that any related state- For Frank, ments be printed in the RECORD; that Mr. President, I share Albert’s ‘‘Let’s you were a giver...not a taker! President Obama be immediately noti- Be Frank’’ poem for all to read. And it’s clear a better world on your life’s fied of the Senate’s action and the Sen- LET’S BE FRANK journey, ate then resume legislative session. Let’s! You would so make here! The PRESIDING OFFICER. Is there Let’s be Frank! But there’s more debates, objection? Of how his long fine life upon this earth so Byrd, Stevens, and Teddy up in Heaven you now await! Without objection, it is so ordered. ranks! Now, that’s a Laut...En...Berg And all of your GI buddies, Mr. REID. Mr. President, I ask unan- Who the trip home with you never made imous consent that tomorrow, June 27, For he was but a public servant, Who our Nation all so Heard! Let’s Be Frank, upon disposition of the Foxx nomina- A Jersey Boy wouldn’t we all want to live a long life so tion and the resumption of legislative Who so lived The Great American Dream great! session, all postcloture time be consid- Who so looked as if he would live forever, Because all in the end, ered expired with respect to the com- As so it seemed! it’s far...far...far better to give, than mittee-reported amendment, as amend- In his 80’s to take! ed; that the pending amendments to he looked like he was in his 60’s... Let’s Be Frank! the underlying bill be withdrawn; that Because, hard work was but his life’s dig- f I be recognized for the purpose of rais- nity! Give me your tired and your poor! TRIBUTE TO WILBURN K. ROSS ing points of order against the remain- As American opened up her arms and her Mr. MCCONNELL. Mr. President, I ing pending amendments to the sub- doors... rise today to pay tribute to an honor- stitute amendment; that after the To a family who came from far across the able Kentuckian and decorated World amendments fall, the Senate proceed dark deep shores! War II veteran, Mr. Wilburn K. Ross of to vote on the adoption of the com- When, Strunk, KY. Ross, who turned 91 in mittee-reported substitute amend- at the edge... May, celebrated his birthday by mak- as Mankind bled! ment, as amended; that upon disposi- ing a trip to Kentucky from his current tion of the committee-reported sub- He volunteered to join the Army As he so raised his hand and his life so home in Dupont, WA. Ross has not only stitute amendment, the Senate proceed pledged served his country but continues to to vote on the motion to invoke clo- To Save The World serve his childhood home by coming ture on S. 744, as amended; finally, if In a World War! back each year to spend time with his cloture is invoked, it be considered as While, Fighting in The Big One... family and fellow veterans of McCreary if cloture had been invoked at 7 a.m., So far across those most distant shores! County. Thursday, June 27. And came back home, Ross, who is also known as ‘‘Wib,’’ The PRESIDING OFFICER. Is there and yet still to more greatness his heart of was raised in Strunk, KY, and joined objection? courage roamed! the U.S. Army here to begin his ex- As he took that GI Bill Without objection, it is so ordered. And climbed another hill... traordinary service to our country. Mr. REID. Mr. President, are we in a With now a great education he so owned Every year for his birthday, Ross period of morning business now? ADP, makes the visit back to Kentucky. The PRESIDING OFFICER. No. We as him and his friends built a great Amer- ‘‘Everybody here treats me well,’’ Ross are on S. 744. ican Company! said. ‘‘I like coming back here because

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5259 I was raised here.’’ Ross’s son Greg is attack, Private Ross placed his machine gun self in Dupont and mows his own grass. He the eldest of his six children and trav- 10 yards in front of his leading support rifle- enjoys going out for his weekly visit to a els with his father. men. With machine gun and small-arms fire local gathering spot to listen to music and On October 30, 1944, Ross served as a whizzing around him, Ross fired with deadly sings along when the lyrics, ‘‘Put your sweet private in Company G, 30th Infantry accuracy and managed to fend off the enemy lips a little closer to the phone,’’ ring out force. from the stage. Regiment, 3rd Infantry Division. This Surrounded by automatic fire and explod- The Congressional Medal of Honor recipi- day Ross fought courageously, and 6 ing rifle grenades, Private Ross, by himself, ent is straightforward and direct when asked months later he received the highest continued to man his machine gun and for his advice to the younger generation. decoration in the U.S. military, the bravely held off six more German attacks. ‘‘I think the best thing is to always do Medal of Honor. After 55 out of the 88 By the eighth attack, most of Ross’s sup- what you think is right,’’ Ross declared. ‘‘If men were lost in his company, Ross porting riflemen were out of ammunition. As you do that, you’ll have nothing to worry manned a machine gun alone holding the American riflemen took positions sup- about.’’ porting Ross from behind, they crawled, dur- off six German attacks. f Mr. Ross’s bravery and courage while ing battle, to Private Ross in order to slip a few rounds of ammunition from his belt. COLUMBIA FALLS, MAINE in service to his Nation is an inspira- Throughout it all, Ross continued to fight on tion to his fellow Kentuckians. His with basically no help, successfully pushing Ms. COLLINS. Mr. President, it is a story is one that is told again and the enemy back despite the fact that enemy great pleasure to wish the Town of Co- again to remind McCreary County resi- grenadiers crawled to within four yards of lumbia Falls a very happy 150th birth- dents of his dedication and liberty to his position in attempts to kill him with day. Throughout this year, Columbia our country. A local newspaper pub- hand grenades. Falls will celebrate the generations of lished an article on May 23, 2013, to cel- Finally, having used his last rounds of am- hard-working and caring people who munition, Private Ross was directed to with- ebrate 91 years of life for Mr. Ross and have made it such a wonderful place to draw to the command post with the eight live, work, and raise families. to retell his story while in uniform. I surviving riflemen. Instead, Ross, antici- ask unanimous consent that the full pating more ammunition, stood his ground. While this sesquicentennial marks article be printed in the RECORD. The Germans, realizing that Ross and his Columbia Falls’ incorporation, the There being no objection, the article machine gun were all that stood between year 1863 was but one milestone in a was ordered to appear in the RECORD, them and a major breakthrough, embarked long journey of progress. It is a journey as follows: on their last attack, bringing their fire and that began eons earlier, when the re- [From the McCreary County Voice, May 23, wrath together on Private Ross in an effort ceding glaciers carved out the river 2013] to destroy him. Just as the enemy was about known to Native Americans as the to rush over Ross’s position, he received COURAGE UNDER FIRE Wescogus and to those who came later fresh ammunition, allowing him to open fire STORY OF NATIVE CONGRESSIONAL MEDAL OF on the enemy, killing 40 and wounding 10 of as the Pleasant. In the decades before HONOR RECIPIENT IS WORTH REPEATING the attacking force. America won its freedom, the Pleasant (By Eugenia Jones) Single-handedly breaking the attack, Ross River provided the wildlife that sus- As he does each year on his birthday, killed or wounded at least 58 Germans in tained the first settlers. In the years Wilburn K. ‘‘Wib’’ Ross makes the journey more than five hours of continuous combat, that followed, it became a great avenue back from his current home in Dupont, saving the last members of his company of commerce in products from field and Washington to the Bear Creek community in from devastation. forest and a great shipbuilding indus- ‘‘I didn’t really get tired,’’ Ross com- Strunk, Kentucky, to visit his birthplace try thrived along its banks. and childhood home and to celebrate and mented when asked about the battle. ‘‘But reminisce with family and friends. they got awfully close to killing me.’’ Natural resources are only the back- This year, with Ross turning 91 on May 12, Remaining on his post that night and the ground for Columbia Falls’ story. Such was no exception. Arriving in McCreary following day for a total of 36 hours, Ross names as Judge Thomas Ruggles, Dan- County on the day prior to his birthday, the proved that his upbringing in McCreary iel Carleton, Elijah Hamlin, Henry spry 91-year-old clearly was not weary from County, Kentucky, had served him well in Bucknam, and Mary Ruggles Chandler his cross-country travels. After spending the preparing him to exhibit extraordinary cour- remind us of the determination, inge- age and fortitude in protecting his comrades remainder of his McCreary County arrival nuity, and hard work that built the day visiting with his brothers and other fam- and his country under fire. ily members, ‘‘Wib’’ found time to visit the Six months later, on April 14, 1945, Ross town. The impressive representation of American Legion Post 115 for a night filled proved that the same McCreary County up- Columbia Falls landmarks on the Na- with jokes and conversation with fellow vet- bringing had prepared him to receive the tional Registry of Historic Places and erans. Congressional Medal of Honor, the highest the town’s ongoing effort to restore On the following day, ‘‘Wib’’ once again military decoration given by the United Union Hall demonstrate the high re- visited the American Legion, where he was States government to a member of the gard the residents of today have for honored at a special luncheon with an Amer- armed forces. those who came before. ican flag birthday cake. Years later, that same McCreary County The story of Congressional Medal of Honor man, who as a young adult worked in the In the year of Columbia Falls’ incor- recipient and McCreary County native local coal mines at Stearns, received con- poration, America was engaged in the Wilburn K. Ross, who was a member of the gratulations from and shook the hand of Civil War. Many brave patriots from 2nd Battalion, 30th Infantry Division, and his President John F. Kennedy, just a few this community stepped forward to bravery under fire during World War II has months prior to Kennedy’s assassination. preserve our Nation and to secure the been told many times, yet it remains a story In continuing his career with the Army, blessing of freedom for all, and they that is worth repeating, not only to remind Ross reached the rank of Master Sergeant were remembered at the Columbia us of the individual courage and bravery and received the Purple Heart, Bronze Star, needed to protect the freedom we cherish but Oak Leaf Clusters, Combat Infantry Badge, Falls Civil War Ball in April that also to share, with our young people, the his- Good Conduct Medal, and the French Croix launched this 150th anniversary cele- torical legacy surrounding a McCreary De Guerre. He was wounded four times and bration. Through their longstanding Countian’s inclusion into the elite group of also served in Korea. commitment to the inspiring Wreaths Congressional Medal of Honor recipients. Today, at 91 years old, Ross will quickly Across America Project, the people of It is from McCreary County that Ross, as a tell everyone how much he enjoys his birth- Columbia Falls honor the heroes who young man, entered the U.S. Army during day visits home to McCreary County. have served our country throughout World War II. His service led him to be cited ‘‘Everybody here treats me well,’’ Ross for ‘‘conspicuous gallantry and intrepidity at smiled. ‘‘They’ve named the highway [Pri- our history and bring distinction to risk of life above and beyond the call of duty vate Wilburn K. Ross Highway] after me. I our State. near St. Jacques, France’’ and to be awarded like coming back her because I was raised This celebration is not just about the Congressional Medal of Honor. here.’’ something that is measured in calendar According to the ‘‘U.S. Army Center of Ross’s son Greg, the eldest of six children, years. It is about human accomplish- Military History,’’ Ross’s extraordinary feat travels with his father and truly admires his ment. We celebrate the people who for of courage began at 11:30 a.m. on October 30, father. ‘‘He’s been a super man all his life,’’ more than a century and a half have Greg commented as he smiled at his father. 1944, after his company had lost 55 of 88 men pulled together, cared for one another, in an attack on elite German mountain ‘‘He’s always been helpful to everybody. It’s troops. fun to travel with him.’’ and built a great community. Thanks Risking his own safety in order to absorb ‘‘Wib’’ says his life is ‘‘pretty good’’ now. to those who came before, Columbia the beginning impact of the enemy counter- With his son close by, Ross still lives by him- Falls has a wonderful history. Thanks

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5260 CONGRESSIONAL RECORD — SENATE June 26, 2013 to those who are here today, it has a and built the foundation on which it On July 1, 1963, the 90th Strategic bright future. stands today. He built the white clap- Wing came into existence amid grow- f board house that the family still calls ing tensions with the Soviet Union. home. He and his son, Armand, Protecting our national security RECOGNIZING WESTVIEW transitioned the farm from using work- throughout the Cold War and into ORCHARDS horses to using tractors. Harvey sold present day, the 90th Missile Wing pro- Ms. STABENOW. Mr. President, I the hog and dairy operations, focusing vides our Nation’s best, most reliable, rise today to congratulate Westview the business on growing fruits and most accurate strategic deterrent. Orchards of Romeo, MI on its 200th an- vegetables. He also added a grading Tasked with deterring an attack, the niversary. room and built a custom peach grader missile wing has worked extensively Since its founding in 1813, the or- and de-fuzzer machine to improve effi- with the Minuteman I and Minuteman chard has been a part of Michigan’s ciency. His greatest innovation, III systems, as well as encompassing way of life. It is where families go to though, was forced upon him in August the full lifecycle of the Peacekeeper pick their own peaches and straw- of 1930. Missile. Today, these men and women berries in the summer, and where they It was a typical August day in an un- maintain and protect our Minuteman go to pick apples, take wagon rides and usually good harvest year, and Harvey III resources 24 hours a day, 7 days a enjoy the cider mill in the fall. It has was loading his truck full of peaches week, 365 days a year—truly placing been a source of fresh food since the from his record harvest to sell at De- service to our country above all else. War of 1812 was being waged from troit’s Eastern Market 40 miles to the The 90th Missile Wing has been Michigan to New England to New Orle- south. Harvey was not the only grower named the best Intercontinental Bal- ans. having a record year, though. As he listic Missile Wing the past 2 years, Michigan was a prime battleground was preparing to leave, he received a earning the Blanchard Trophy in 2011 during the War of 1812, and the British call from Eastern Market that said, from U.S. Strategic Command and the were winning every major engagement. ‘‘Don’t come down, Harvey. The mar- Williams Trophy in 2010 and 2012 from The Union Jack flew over settlements ket is flooded with so many peaches we Air Force Global Strike Command. The in Michigan from Mackinac Island to can’t sell ‘em all.’’ men and women who serve in the Detroit. By the summer of 1813, it As every farmer knows, once you Mighty Ninety are second to none. Air- seemed likely that when the war ended, harvest your crops you have to get men from the 90th have gone on to the Michigan Territory would belong them to the market quickly before serve our Nation in the Pentagon and to the British Empire. they spoil. In desperation, Harvey tried international conflict zones. Addition- That all changed with the Battle of something different: knowing that the ally, just this month, the wing was Lake Erie, when American forces de- Detroit Urban Railroad trolley had a turned over to its first female com- feated the British Navy and changed stop just down the street, he turned his mander, Col. Tracey Hayes. Colonel the tide of the war. One of the heroes of truck around so the back was facing Hayes has committed to continuing the the battle was Michael Bowerman, who the road in front of the farmhouse. His standard of excellence. had come from New York to fight for success selling the peaches to pas- At this very moment, there are crew- his country. In gratitude for his serv- sengers forever changed the way he and men out in the missile fields, security ice, the United States offered him a his descendants marketed their fruit. teams on patrol, and support personnel plot of land in Michigan. Harvey passed the farm to his son, of the 90th Missile Wing standing And so it was that Michael Armand, and when Armand suddenly watch, ready to execute. They focus ex- Bowerman packed up his belongings passed away in 1981, Westview’s fifth clusively on their mission to ‘‘provide and set out to start a new life for him- and sixth generations took over. preeminent combat capability across self and an enduring legacy for his fam- Today, the family farm is in the hands the spectrum of conflict.’’ The Mighty ily. In his pockets, he carried a few of Katherine Bowerman Roy, her Ninety continue to be an integral part peach pits from his father’s farm in daughters Katrina Roy Schumacher of America’s national defense. New York. He found his homestead in and Abigail Jacobson, and Abigail’s Congratulations and a profound present-day Romeo, built a cabin and husband, Bill. thank you to the members of the 90th founded the farm that is today known Westview Orchards is the oldest farm Missile Wing and their families. as Westview Orchards. in Macomb County. It is a place where f It started with a small garden and or- families from across the county and be- TRIBUTE TO DOMNELIA ‘‘NELLEN’’ chard, with the family transporting the yond visit to pick their own fruit, take BUDD fruit by horse and wagon to Port Huron wagon rides around the farm, and enjoy to sell at the farmers market. He later the corn maze, ice cream shop, cider Mr. BEGICH. Mr. President, today I expanded the farm to include livestock mill and farmers market. wish to recognize Nellen Budd, my and field crops. When a bear attacked Westview Orchards is a true Michi- longtime office manager and dedicated one of his pigs, he came to the rescue gan success story, born of hard work, staffer whose patience, organizational and fought off the bear, earning him dedication and a commitment to inno- skills and kindness have served the the nickname ‘‘Fearless Mike.’’ As the vation. I congratulate the entire fam- people of Alaska very well for many years passed, his farm and his family ily—from ‘‘Fearless Mike’’ Bowerman years. She has listened to thousands of grew, and in 1880, his son, Byron, plant- to Katherine, Katrina, Abigail and Alaskans on the phone and in person, ed 10 acres of peach trees that laid the Bill—on 200 wonderful years. and directed many people toward help foundation for Romeo’s famous peach f when they needed it most. festival that is held every Labor Day Nearly 40 years ago, a young profes- Weekend. RECOGNIZING THE 90TH MISSILE sional named Domnelia ‘‘Nellen’’ For the last 200 years, the descend- WING Regal, traveled from the Philippines to ants of ‘‘Fearless Mike’’ have carried Mr. BARRASSO. Mr. President, the United States to realize a dream. on his legacy. His sons, daughters, today I wish to honor the 50th anniver- Nellen married Larry Budd and raised grandsons, granddaughters, great- sary of the 90th Missile Wing stationed three sons in Alaska: Earl, Don and grandsons, great-granddaughters and at Frances E. Warren Air Force Base in Evan Budd. All three of her sons cur- more—have worked tirelessly to build Cheyenne, WY. rently serve in the U.S. military, as the wonderful orchard that serves For the past half century, the dedi- does her daughter-in-law Kay. As a thousands of families in Michigan cated men and women of the 90th Mis- working mother, Nellen balanced every year. sile Wing have served with unwavering home, social, church and career respon- One great-grandson in particular dedication to the security of our Na- sibilities with finesse and gained an ex- made critical innovations on the farm. tion. Known to their fellow airmen as cellent reputation as an esteemed pro- Harvey Bowerman took over the farm the ‘‘Mighty Ninety,’’ this wing, with fessional. from his father, Byron, and his brother, its five groups, displays excellence and For 25 years, Nellen greeted the peo- George. Harvey modernized the farm commitment to the mission. ple of Anchorage and kept city hall

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5261 running smoothly while working in the where in the 1960s acid rain was first MEASURES PLACED ON THE mayor’s office. Between 2003 and 2009, discovered. Also within Woodstock is CALENDAR during my tenure as mayor, Nellen was the famous Lost River Reservation, a The following bill was read the first there for me every day. After I was portion of the White Mountain Na- and second times by unanimous con- elected to the Senate, Nellen moved tional Forest, and a segment of the Ap- sent, and placed on the calendar: across downtown Anchorage from city palachian Trail. H.R. 1092. An act to designate the air route hall to the Senate. She managed my The abundant timber and access to traffic control center located in Nashua, New Anchorage regional office, and she con- the power of the Pemigewasset River Hampshire, as the ‘‘Patricia Clark Boston tinued to be a dedicated public servant established logging as the principal Air Route Traffic Control Center’’. and valuable part of my staff. early industry in Woodstock. The en- f Nellen is known as ‘‘Lola’’ to her trance of the railroad in the 19th cen- EXECUTIVE AND OTHER grandchildren and to a few others who tury opened the wilderness to develop- COMMUNICATIONS are lucky enough to know her well. For ment and expansion. This expansion at- years she has served as an articulate tracted tourists to the town, and tour- The following communications were emcee and featured dancer at ism remains a vital part of Wood- laid before the Senate, together with Maharlika, an annual cultural celebra- stock’s economy—with visitors from accompanying papers, reports, and doc- tion of the Filipino community of An- near and far traveling to savor the uments, and were referred as indicated: chorage. peace and solitude of this special part EC–2100. A communication from the Execu- Nellen Budd is kind, considerate and of New Hampshire. tive Director, Defense Science Board, Office gracious. She has a keen fashion sense Woodstock is a place that has con- of the Secretary of Defense, transmitting, and has modeled professional decorum tributed much to the life and spirit of pursuant to law, a report relative to research budgets and plans for cyberwarfare and cy- for many interns and young staffers. the State of the Granite State. I am bersecurity of the military services and the Nellen is the example of courtesy, style pleased to extend my warm regards to defense agencies; to the Committee on and conduct and has mentored many the people of Woodstock as they cele- Armed Services. people including, I am certain, a few brate the town’s 250th anniversary.∑ EC–2101. A communication from the Direc- future executives and legislators. tor of Defense Procurement and Acquisition While Nellen is retiring from official f Policy, Department of Defense, transmit- public service, I know she will stay ting, pursuant to law, the report of a rule en- busy as a volunteer and grandmother. I MESSAGES FROM THE PRESIDENT titled ‘‘Defense Federal Acquisition Regula- tion Supplement: Requirements for Acquisi- encourage her to relax and enjoy Alas- Messages from the President of the tions Pursuant to Multiple Award Con- ka and all of her friends and family— United States were communicated to tracts’’ ((RIN0750–AH91) (DFARS Case 2012– and to not work too hard. Nellen is a the Senate by Mr. Pate, one of his sec- D047)) received in the Office of the President bright shining star in our community, retaries. of the Senate on June 24, 2013; to the Com- and my wife Deborah and I thank her mittee on Armed Services. for all of her years of hard work and f f dedication. Salamat, Nellen. EXECUTIVE MESSAGES REFERRED PETITIONS AND MEMORIALS f As in executive session the Presiding The following petitions and memo- ADDITIONAL STATEMENTS Officer laid before the Senate messages rials were laid before the Senate and from the President of the United were referred or ordered to lie on the table as indicated: WOODSTOCK, NEW HAMPSHIRE States submitting sundry nominations which were referred to the appropriate POM–33. A concurrent resolution adopted ∑ Ms. AYOTTE. Mr. President, today I committees. by the Senate of the State of Louisiana me- wish to honor Woodstock, NH—a town (The messages received today are morializing the Congress of the United in Grafton County that is celebrating States to prevent unnecessary and unin- printed at the end of the Senate pro- tended harm to coastal communities, indi- the 250th anniversary of its founding. I ceedings.) am proud to join citizens across the viduals, and businesses by immediately Granite State in recognizing this spe- amending the Biggert-Waters Act and man- f dating revision of Federal Emergency Man- cial milestone. agement Agency flood-risk maps; to the The land that would become Wood- MESSAGE FROM THE HOUSE Committee on Banking, Housing, and Urban stock was granted in a charter by Gov- At 2:43 p.m., a message from the Affairs. ernor Benning Wentworth on Sep- House of Representatives, delivered by SENATE CONCURRENT RESOLUTION NO. 91 tember 23, 1763, and was subsequently Mrs. Cole, one of its reading clerks, an- Whereas, in 2012 Congress re-authorized the named after the English town of Peel- nounced that the House has passed the National Flood Insurance Program in the ing. Governor Wentworth’s nephew, following bills, in which it requests the Biggert-Waters Act; and Whereas, language in the Biggert-Waters John Wentworth, would later rename concurrence of the Senate: the town Fairfield, after Fairfield, CT. Act phases out certain subsidized flood in- H.R. 1092. An act to designate the air route In 1840, the town would receive a final surance rates, thereby allowing rate in- traffic control center located in Nashua, New creases to the costs of obtaining such flood name change to Woodstock, for Blen- Hampshire, as the ‘‘Patricia Clark Boston insurance of either twenty or twenty-five heim Palace in Woodstock, England. Air Route Traffic Control Center’’. percent a year, depending upon on the prop- The population has grown to include H.R. 2289. An act to rename section 219(c) erty, until properties reach actuarial status; over 1,300 residents. The patriotism and of the Internal Revenue Code of 1986 as the and commitment of the people of Wood- Kay Bailey Hutchison Spousal IRA. Whereas, at the same time the Federal stock is reflected in part by their H.R. 2383. An act to designate the new Emergency Management Agency (‘‘FEMA’’) record of service in defense of our Na- Interstate Route 70 bridge over the Mis- issued new flood-risk maps showing that sissippi River connecting St. Louis, Mis- tion. properties not protected by one hundred year souri, and southwestern Illinois as the ‘‘Stan flood federal levees would be considered as Frank Merrill, a notable summer Musial Veterans Memorial Bridge’’. inadequately safeguarded against floods, resident of Woodstock, was the com- with the result that such properties became mander of the special World War II f significantly higher-risk property for the unit known as Merrill’s Marauders. purpose of flood insurance rate premium cal- General Merrill commanded the 5307th MEASURES REFERRED culation and elevation requirements; and Composite Unit during combat oper- The following bill was read the first Whereas, the confluence of these two events has resulted in potential economic ations in Burma throughout the spring and the second times by unanimous of 1944. He later served as the New disaster for coastal communities, businesses, consent, and referred as indicated: and individuals now faced not only with Hampshire commissioner of highways. H.R. 2289. An act to rename section 219(c) unaffordable flood insurance premiums but Woodstock remains largely forested of the Internal Revenue Code of 1986 as the also with the inability to transfer or sell and is home to the world renowned Kay Bailey Hutchison Spousal IRA; to the property deemed by FEMA to be at higher Hubbard Brook Experimental Forest, Committee on Finance. risk of flooding; and

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5262 CONGRESSIONAL RECORD — SENATE June 26, 2013 Whereas, legislation and amendments are Whereas, legislation and amendments are Government of sharing a portion of that rev- pending in Congress to delay the premium pending in Congress to delay the premium enue with the State of Nevada and local gov- increases authorized by the Biggert-Waters increases authorized by the Biggert-Waters ernments, including curtailing the practice Act for one year to determine the effects of Act for one year to determine the effects of of sharing with the counties a portion of the such changes upon the availability, afford- such changes upon the availability, afford- revenue derived from the lease of public ability, and sustainability of flood insurance; ability, and sustainability of flood insurance; lands and royalties from the generation of and and electricity from geothermal resources; and Whereas, the Federal Emergency Manage- Whereas, FEMA is also now in discussions Whereas, Recent legislation introduced in ment Agency is also now in discussions to re- to reconsider and revise its flood-risk maps the 111th and 112th United States Congress consider and revise its flood-risk maps to in- to include the effects of locally-built levees, would have, if enacted, required the Sec- clude the effects of locally built levees, pumping stations, and floodgates, all of retary of the Interior to establish a leasing pumping stations and floodgates, all of which have been funded, designed, and built program for wind and solar energy develop- which have been funded, designed and built to provide substantial protection from flood- ment on federal public lands; and to provide substantial protection from flood- ing, and also to develop new maps that more Whereas, Such legislation would also have ing, and also to develop new maps that more accurately reflect actual area flood risk; and required the sharing of a portion of the rev- accurately reflect actual area flood risk; and Whereas, it is necessary for both Congress enue from the competitive leasing program Whereas, it is necessary for both Congress and FEMA to take immediate action to pre- with the counties from which the revenue is and FEMA to take immediate action to pre- vent pending and unintended economic ca- derived, thereby creating a beneficial and vent pending and unintended economic ca- tastrophe for coastal communities, individ- meaningful role for counties in Nevada; and tastrophe for coastal communities, individ- uals, and businesses; and Whereas, The members of the 113th Con- uals, and businesses; and Whereas, without action by both Congress gress are now considering the budget sub- Whereas, without action by both Congress and FEMA, it has been estimated that at mitted by the United States Department of and FEMA it has been estimated that at least half a million homes and businesses in the Interior for federal Fiscal Year 2014, and least half a million homes and businesses in Louisiana could be severely impacted, and its possible effects on the counties’ share of Louisiana could be severely impacted, and that other coastal communities outside of royalties derived from the generation of that other coastal communities outside of Louisiana could face similar economic devas- electricity from geothermal resources: Now Louisiana could face similar economic devas- tation, including communities, individuals, therefore, be it tation, including communities, individuals, and businesses in New York, New Jersey, and Resolved by the Assembly and Senate of the and businesses in New York, New Jersey and other states severely damaged by Hurricane State of Nevada, jointly, That the members of other states severely damaged by Hurricane Sandy in 2012: Now, therefore, be it the 77th Session of the Nevada Legislature Sandy in 2012: Now, therefore, be it Resolved, That the Legislature of Louisiana hereby urge Congress: Resolved, That the Legislature of Louisiana memorializes the Congress of the United 1. To ensure that the public lands in Ne- memorializes the Congress of the United States to prevent unnecessary and unin- vada that are managed and controlled by the States to prevent unnecessary and unin- tended harm to coastal communities, indi- Federal Government remain open and acces- tended harm to coastal communities, indi- viduals, and businesses by immediately sible to multiple uses, such as raising live- viduals, and businesses by immediately amending the Biggert-Waters Act and man- stock, mining, conservation, general rec- amending the Biggert-Waters Act and man- dating revision of Federal Emergency Man- reational use and the use of renewable re- dating revision of Federal Emergency Man- agement Agency flood-risk maps; and be it sources, including, without limitation, sun, agement Agency flood-risk maps; and be it further wind and geothermal resources that may be further Resolved, That a copy of this Resolution used to generate electricity; and Resolved, That a copy of this Resolution shall be transmitted to the secretary of the 2. To enact legislation ensuring that the shall be transmitted to the secretary of the United States Senate and the clerk of the State of Nevada and the affected local gov- United States Senate and the clerk of the United States House of Representatives, and ernments in Nevada receive a portion of the United States House of Representatives, and to each member of the Louisiana delegation revenue received by the Federal Government to each member of the Louisiana delegation to the United States Congress, and to the ad- for activities conducted on the federal public to the United States Congress, and to the ministrator of the Federal Emergency Man- lands in Nevada and ensuring that such shar- Administrator of the Federal Emergency agement Agency. ing includes, without limitation, the con- Management Agency. tinuation of federal laws and policies where- POM–35. A joint resolution adopted by the by local governments receive appropriate POM–34. A resolution adopted by the Sen- Legislature of the State of Nevada urging rents and royalties for activities which gen- ate of the State of Louisiana memorializing Congress to take certain actions concerning erate electricity from geothermal resources; the Congress of the United States to prevent federal public lands in Nevada; to the Com- and be it further unnecessary and unintended harm to coastal mittee on Energy and Natural Resources. Resolved, That the Chief Clerk of the As- communities, individuals, and businesses by JOINT RESOLUTION NO. 5 sembly prepare and transmit a copy of this immediately amending the Biggert-Waters resolution to the Vice President of the Whereas, The Federal Government man- Act and mandating revision of Federal Emer- United States as the presiding officer of the ages and controls over 85 percent of the land gency Management Agency flood-risk maps; United States Senate, the Speaker of the in Nevada; and to the Committee on Banking, Housing, and Whereas, Nevada has an abundance of nat- House of Representatives and each member Urban Affairs. ural resources, including vast areas of land of the Nevada Congressional Delegation; and SENATE RESOLUTION NO. 114 suitable for raising livestock and for con- be it further Resolved, That this resolution becomes ef- Whereas, in 2012 Congress re-authorized the servation and general recreational use, large fective upon passage. National Flood Insurance Program in the deposits of gold, silver, copper and other Biggert-Waters Act; and minerals, and plentiful renewable resources, Whereas, language in the Biggert-Waters POM–36. A resolution adopted by the Sen- including, without limitation, sun, wind and ate of the State of Louisiana expressing sup- Act phases out certain subsidized flood in- geothermal resources that may be used to surance rates, thereby allowing rate in- port for the Nagorno Karabakh Republic’s ef- generate electricity; and forts to develop as a free and independent na- creases to the costs of obtaining such flood Whereas, Many of those renewable re- tion; to the Committee on Foreign Rela- insurance of either twenty or twenty-five sources are located on public lands managed tions. percent a year, depending upon the property, and controlled by the Federal Government; until rates reach actuarial status; and and SENATE RESOLUTION NO. 151 Whereas, at the same time the Federal Whereas, Activities that occur on those Whereas, Nagorno Karabakh, also known Emergency Management Agency (FEMA) public lands increase the demand for services as Artsakh, has historically been Armenian issued new flood-risk maps showing that provided by the State of Nevada and local territory, populated by an overwhelming ma- properties not protected by one hundred year governments in Nevada; and jority of Armenians, which was illegally sev- flood federal levees would be considered as Whereas, The State of Nevada and local ered from Armenia by the Soviet Union in inadequately safeguarded against floods, governments in Nevada are limited in their 1921 and placed under the newly created So- with the result that such properties became ability to collect taxes or other fees from the viet Azerbaijani administration; and significantly higher-risk property for the Federal Government or from the users of Whereas, February 20, 1988, marked the be- purpose of flood insurance rate premium cal- public lands to fund services provided by the ginning of the national liberation movement culation and elevation requirements; and State and local governments; and in Nagorno Karabakh, which inspired people Whereas, the confluence of these two Whereas, The Federal Government receives througheut the Soviet Union to stand up events has resulted in potential economic revenue from the licensing and permitting of against tyranny and for their rights and disaster for coastal communities, businesses, activities that occur on those public lands, freedoms, helping to bring democracy to mil- and individuals now faced not only with including mining, grazing livestock, general lions and contributing to world peace; and unaffordable flood insurance premiums but recreational use and generating electricity Whereas, the United States Congress has also with the inability to transfer or sell from renewable resources; and repeatedly expressed support for the legiti- property deemed by FEMA to be at higher Whereas, In recent years, efforts have been mate freedom aspirations of the people of risk of flooding; and made to curtail the practice by the Federal Nagorno Karabakh; and

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5263 Whereas, on September 2, 1991, the legisla- weight assessment (body weight and body favorably the following nomination ture of Nagorno Karabakh declared forma- mass index) can overlook accurate indicators lists which were printed in the tion of the Nagorno Karabakh Republic, in of lean body mass; and RECORDS on the dates indicated, and Whereas, the American Nursing Associa- accordance with then acting legislation; and ask unanimous consent, to save the ex- Whereas, on December 10, 1991, the people tion defines therapeutic nutrition as the ad- of the Nagorno Karabakh Republic voted in ministration of food and fluids to support pense of reprinting on the Executive favor of the independence, and on January 6, the metabolic processes of a patient who is Calendar that these nominations lie at 1992, the democratically elected legislature malnourished or at high risk of becoming the Secretary’s desk for the informa- of the Republic formally declared independ- malnourished; and tion of Senators. ence; and Whereas, access to therapeutic nutrition is The PRESIDING OFFICER. Without Whereas, since proclaiming independence, critical in restoring lean body mass such objection, it is so ordered. the Nagorno Karabakh Republic has reg- that it resolves malnutrition challenges and, Air Force nomination of Daisy Y. Eng, to istered significant progress in democracy in turn, improves clinical outcomes, reduces be Major. building, which has been most recently dem- health care costs, and can keep people and Air Force nominations beginning with Jo- onstrated during the July 19, 2012, presi- our communities healthy; and seph N. Kenan and ending with Sirpa T. dential elections that were assessed by inter- Whereas, despite the recognized link be- Autio, which nominations were received by national observers as free and transparent: tween good nutrition and good health, nutri- the Senate and appeared in the Congres- Now, therefore, be it tional screening and therapeutic nutrition sional Record on June 3, 2013. Resolved, That the Senate of the Legisla- treatment have not been incorporated as Air Force nominations beginning with ture of Louisiana hereby encourages and sup- routine medical treatments across the spec- Scott M. Sheflin and ending with Eric J. ports the Nagorno Karabakh Republic’s con- trum of health care: Now, therefore, be it Turney, which nominations were received by tinuing efforts to develop as a free and inde- Resolved, That the Legislature of Louisiana the Senate and appeared in the Congres- pendent nation in order to guarantee its citi- urges and requests that the Department of sional Record on June 3, 2013. zens those rights inherent in a free and inde- Health and Hospitals examine the benefits of Air Force nominations beginning with pendent society; and be it further routine nutritional screening and thera- Christopher E. Cieurzo and ending with Vinh Revolved, That the president and Congress peutic nutrition treatment for those who are Q. Tran, which nominations were received by of the United States of America are hereby malnourished or at risk for malnutrition, as the Senate and appeared in the Congres- urged to support the self-determination and well as examine the benefits of nutrition sional Record on June 3, 2013. democratic independence of the Nagorno screening and therapeutic nutrition treat- Air Force nominations beginning with An- Karabakh Republic and its constructive in- ment as part of the standard for evidenced- drew G. Boston and ending with Valerie G. volvement with the international commu- based hospital care; and be it further Sams, which nominations were received by nity’s efforts to reach a just and lasting so- Resolved, That the Legislature of Louisiana the Senate and appeared in the Congres- lution to security issues in that strategically supports an increased emphasis on nutrition sional Record on June 20, 2013. important region; and be it further through the reauthorization of the Older Air Force nominations beginning with Resolved, That a copy of this Resolution be Americans Act, as well as for Medicare bene- Louis A. Barton and ending with Earlyne L. transmitted to the president of the United ficiaries, to improve their disease manage- Rodriguez, which nominations were received States, the secretary of the United States ment and health outcomes; and be it further by the Senate and appeared in the Congres- Senate, the clerk of the United States House Resolved, That the Legislature of Louisiana sional Record on June 20, 2013. of Representatives, and to each member of is encouraged that preventive and wellness Air Force nominations beginning with the Louisiana delegation to the United services, such as counseling for obesity and Craig S. Berg and ending with Jonathan D. States Congress. chronic disease management, are part of the Essential Health Benefits package included Tidwell, which nominations were received by the Senate and appeared in the Congres- POM–37. A concurrent resolution adopted in the Patient Protection and Affordable sional Record on June 20, 2013. by the Senate of the State of Louisiana urg- Care Act; and be it further Army nominations beginning with Thomas ing and requesting the Department of Health Resolved, That a copy of this resolution be R. Bouchard and ending with John A. and Hospitals examine the benefits of rou- transmitted to the president of the United Zenker, which nominations were received by tine nutritional screening and therapeutic States, the vice president of the United the Senate and appeared in the Congres- nutrition treatment for those who are mal- States, the secretary of the United States sional Record on June 3, 2013. nourished or at risk for malnutrition; to the Senate and the clerk of the United States Army nominations beginning with George Committee on Health, Education, Labor, and House of Representatives, to each member of T. Barido and ending with Charles J. Pensions. the Louisiana delegation to the United States Congress, and to the secretary of the Sizemore, which nominations were received SENATE CONCURRENT RESOLUTION NO. 41 Department of Health and Hospitals. by the Senate and appeared in the Congres- Whereas, the National Black Caucus of sional Record on June 3, 2013. State Legislators (NBCSL) has established POM–38. A concurrent resolution adopted Army nominations beginning with Tim- policy promoting the importance of quality by the Legislative Assembly of Puerto Rico othy Barnard and ending with Kevin D. nutrition for all Americans in order to main- relative to requesting the President and the Vaughn, which nominations were received by tain healthy, active, independent lifestyles; Congress of the United States begin the proc- the Senate and appeared in the Congres- and ess to admit Puerto Rico to the Union as a sional Record on June 3, 2013. Whereas, the NBCSL adopted policy sup- State; to the Committee on Energy and Nat- Army nominations beginning with Jeffrey porting increased access to quality nutrition ural Resources. S. Acree and ending with Vicky L. Young, and support for infants and children, as POM–39. A resolution adopted by the Coun- which nominations were received by the Sen- passed by the United States Congress in Res- cil of the City of Santa Ana, California ex- ate and appeared in the Congressional olution HHS–11–19; and pressing support for comprehensive federal Record on June 3, 2013. Whereas, leading health and nutrition ex- immigration reform and urging the 113th Army nominations beginning with Mazen perts agree that nutrition status is a direct Congress to enact reforms that secure our Abbas and ending with Gary H. Wynn, which measure of patient health and that good nu- borders, ensure economic strength, and pro- nominations were received by the Senate and trition and good patient health can keep peo- mote stronger communities; to the Com- appeared in the Congressional Record on ple healthy and out of institutionalized mittee on the Judiciary. June 3, 2013. health care facilities, thus reducing f Army nominations beginning with Edward healthcare costs; and T. Breecher and ending with Edward M. Whereas, inadequate or unbalanced nutri- EXECUTIVE REPORTS OF Wise, Jr., which nominations were received tion, known as malnutrition, is not rou- COMMITTEE by the Senate and appeared in the Congres- tinely viewed as a medical concern in this The following executive reports of sional Record on June 3, 2013. nation, and that malnutrition is particularly Army nomination of Michael D. Payne, to prevalent in vulnerable populations, such as nominations were submitted: be Colonel. older adults, hospitalized patients, or minor- By Mr. LEVIN for the Committee on Army nomination of Marlon E. Lewis, to ity populations that statistically shoulder Armed Services. be Colonel. the highest incidences of the most severe Air Force nomination of Lt. Gen. Frank Army nomination of David R. Maxwell, to chronic illnesses such as diabetes, kidney Gorenc, to be General. be Major. disease, and cardiovascular disease; and Navy nomination of Rear Adm. Philip S. Army nomination of Thomas A. Jarrett, to Whereas, illness, injury, and malnutrition Davidson, to be Vice Admiral. be Major. can result in the loss of lean body mass, Army nomination of Maj. Gen. Michael S. Navy nomination of Kimberly K. Yeager, leading to complications that impact good Linnington, to be Lieutenant General. to be Commander. Navy nomination of Capt. Stephen M. patient health outcomes, including recovery Navy nomination of James D. Harrison, to Pachuta, to be Rear Admiral (lower half). from surgery, illness, or disease; the elderly be Lieutenant Commander. lose lean body mass more quickly and to a Mr. LEVIN. Mr. President, for the Navy nominations beginning with Kerrie greater extent than younger adults and Committee on Armed Services I report L. Adams and ending with Antonia J. Henry,

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which nominations were received by the Sen- to the Committee on Homeland Security and ANDER, Ms. AYOTTE, Ms. BALDWIN, ate and appeared in the Congressional Governmental Affairs. Mr. BARRASSO, Mr. BAUCUS, Mr. Record on June 3, 2013. By Mr. LEVIN (for himself, Mr. KIRK, BEGICH, Mr. BENNET, Mr. Navy nomination of Brent E. Havey, to be Ms. STABENOW, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- Lieutenant Commander. BROWN, Mr. DURBIN, Mr. FRANKEN, MAN, Mrs. BOXER, Mr. BROWN, Mr. (Nominations without an asterisk Mr. SCHUMER, and Ms. BALDWIN): BURR, Ms. CANTWELL, Mr. CARDIN, were reported with the recommenda- S. 1232. A bill to amend the Federal Water Mr. CARPER, Mr. CASEY, Mr. CHAM- Pollution Control Act to protect and restore tion that they be confirmed.) BLISS, Mr. CHIESA, Mr. COATS, Mr. the Great Lakes; to the Committee on Envi- COBURN, Mr. COCHRAN, Mr. COONS, Mr. f ronment and Public Works. CORKER, Mr. CORNYN, Mr. COWAN, Mr. INTRODUCTION OF BILLS AND By Mr. INHOFE (for himself, Mr. VIT- CRAPO, Mr. CRUZ, Mr. DONNELLY, Mr. TER, Mr. PAUL, Mr. COBURN, Mr. JOINT RESOLUTIONS DURBIN, Mr. ENZI, Mrs. FEINSTEIN, CRAPO, Mr. CRUZ, Mr. JOHNSON of Mrs. FISCHER, Mr. FLAKE, Mr. The following bills and joint resolu- Wisconsin, Mr. LEE, Mr. HOEVEN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. GRA- tions were introduced, read the first RUBIO, Mr. CORNYN, Mr. RISCH, Mr. HAM, Mr. GRASSLEY, Mrs. HAGAN, Mr. and second times by unanimous con- ISAKSON, and Mr. HATCH): HARKIN, Mr. HATCH, Mr. HEINRICH, sent, and referred as indicated: S. 1233. A bill to achieve domestic energy Ms. HEITKAMP, Mr. HELLER, Ms. independence by empowering States to con- HIRONO, Mr. HOEVEN, Mr. INHOFE, Mr. By Mr. UDALL of New Mexico (for trol the development and production of all ISAKSON, Mr. JOHANNS, Mr. JOHNSON himself and Mr. HEINRICH): forms of energy on all available Federal of Wisconsin, Mr. JOHNSON of South S. 1223. A bill to amend the Public Health land; to the Committee on Energy and Nat- Dakota, Mr. KAINE, Mr. KIRK, Ms. Service Act to expand and intensify pro- ural Resources. KLOBUCHAR, Ms. LANDRIEU, Mr. grams of the National Institutes of Health By Mr. INHOFE (for himself, Mr. VIT- LEAHY, Mr. LEE, Mr. LEVIN, Mr. and the Centers for Disease Control and Pre- TER, Mr. PORTMAN, Mr. ROBERTS, Mr. MANCHIN, Mr. MCCAIN, Mrs. MCCAS- vention with respect to translational re- SESSIONS, Mr. PAUL, Mr. COBURN, Mr. KILL, Mr. MENENDEZ, Mr. MERKLEY, search and related activities concerning cav- CRAPO, Mr. RISCH, Mr. SCOTT, Mr. Ms. MIKULSKI, Mr. MORAN, Ms. MUR- ernous angioma, and for other purposes; to CRUZ, Mr. HATCH, Mr. JOHNSON of KOWSKI, Mr. MURPHY, Mrs. MURRAY, the Committee on Health, Education, Labor, Wisconsin, Mr. WICKER, Mr. LEE, Mr. Mr. NELSON, Mr. PAUL, Mr. PORTMAN, and Pensions. BOOZMAN, Mr. HOEVEN, and Mr. COR- Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. By Mr. CARDIN (for himself and Ms. NYN): ROBERTS, Mr. ROCKEFELLER, Mr. COLLINS): S. 1234. A bill to clarify that a State has RUBIO, Mr. SANDERS, Mr. SCHATZ, Mr. S. 1224. A bill to amend the Internal Rev- the sole authority to regulate hydraulic frac- SCHUMER, Mr. SCOTT, Mr. SESSIONS, enue Code of 1986 to exclude from gross in- turing on Federal land within the boundaries Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- come amounts received on account of claims of the State; to the Committee on Energy BENOW, Mr. TESTER, Mr. THUNE, Mr. based on certain unlawful discrimination and and Natural Resources. TOOMEY, Mr. UDALL of Colorado, Mr. to allow income averaging for backpay and By Mr. WYDEN (for himself, Mr. UDALL of New Mexico, Mr. VITTER, frontpay awards received on account of such TOOMEY, Mr. PRYOR, Mr. RUBIO, Mr. Mr. WARNER, Ms. WARREN, Mr. claims, and for other purposes; to the Com- HELLER, Ms. AYOTTE, and Mrs. SHA- WHITEHOUSE, Mr. WICKER, and Mr. mittee on Finance. HEEN): WYDEN): By Mr. UDALL of Colorado: S. 1235. A bill to restrict any State or local S. Res. 189. A resolution relative to the S. 1225. A bill to amend the Internal Rev- jurisdiction from imposing a new discrimina- death of the Honorable William Dodd Hatha- enue Code of 1986 to provide that solar en- tory tax on cell phone services, providers, or way, former United States Senator for the ergy property need not be located on the property; to the Committee on Finance. State of Maine; considered and agreed to. property with respect to which it is gener- By Mrs. FEINSTEIN (for herself, Ms. ating electricity in order to qualify for the BALDWIN, Mr. BAUCUS, Mr. BENNET, f residential energy efficient property credit; Mr. BLUMENTHAL, Mrs. BOXER, Mr. ADDITIONAL COSPONSORS to the Committee on Finance. BROWN, Ms. CANTWELL, Mr. CARDIN, S 183 By Mr. BROWN (for himself and Ms. Mr. CARPER, Mr. CASEY, Mr. COONS, . COLLINS): Mr. COWAN, Mr. DURBIN, Mr. At the request of Mr. COBURN, the S. 1226. A bill to promote industry growth FRANKEN, Mrs. GILLIBRAND, Mr. HAR- name of the Senator from Mississippi and competitiveness and to improve worker KIN, Mr. HEINRICH, Ms. HIRONO, Mr. (Mr. COCHRAN) was added as a cospon- training, retention, and advancement, and KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. sor of S. 183, a bill to amend title XVIII for other purposes; to the Committee on LEAHY, Mr. LEVIN, Mrs. MCCASKILL, of the Social Security Act to provide Health, Education, Labor, and Pensions. Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- for fairness in hospital payments under By Mrs. SHAHEEN (for herself and Mr. KULSKI, Mr. MURPHY, Mrs. MURRAY, the Medicare program. COCHRAN): Mr. REED, Mr. SANDERS, Mr. SCHATZ, S. 1227. A bill to authorize a national grant Mr. SCHUMER, Mrs. SHAHEEN, Ms. S. 327 program for on-the-job training; to the Com- STABENOW, Mr. UDALL of Colorado, At the request of Mr. BARRASSO, the mittee on Health, Education, Labor, and Mr. UDALL of New Mexico, Ms. WAR- name of the Senator from Idaho (Mr. Pensions. REN, Mr. WHITEHOUSE, and Mr. RISCH) was added as a cosponsor of S. By Mr. WYDEN (for himself and Mr. WYDEN): 327, a bill to authorize the Secretary of PORTMAN): S. 1236. A bill to repeal the Defense of Mar- S. 1228. A bill to establish a program to riage Act and ensure respect for State regu- Agriculture and the Secretary of the provide incentive payments to participating lation of marriage; to the Committee on the Interior to enter into cooperative Medicare beneficiaries who voluntarily es- Judiciary. agreements with State foresters au- tablish and maintain better health; to the f thorizing State foresters to provide Committee on Finance. certain forest, rangeland, and water- By Mr. WHITEHOUSE (for himself and SUBMISSION OF CONCURRENT AND shed restoration and protection serv- Ms. WARREN): SENATE RESOLUTIONS S. 1229. A bill to amend the Truth in Lend- ices. ing Act to empower the States to set the The following concurrent resolutions S. 373 maximum annual percentage rates applica- and Senate resolutions were read, and At the request of Mrs. SHAHEEN, the ble to consumer credit transactions, and for referred (or acted upon), as indicated: name of the Senator from Alaska (Mr. other purposes; to the Committee on Bank- By Mr. DURBIN (for himself and Mr. BEGICH) was added as a cosponsor of S. ing, Housing, and Urban Affairs. KIRK): 373, a bill to amend titles 10, 32, 37, and By Mr. WYDEN (for himself and Ms. S. Res. 187. A resolution congratulating the 38 of the United States Code, to add a STABENOW): Chicago Blackhawks on winning the 2013 S. 1230. A bill to reduce oil consumption Stanley Cup; considered and agreed to. definition of spouse for purposes of and improve energy security, and for other By Mr. JOHANNS (for himself, Mrs. military personnel policies and mili- purposes; to the Committee on Energy and FISCHER, and Mr. KIRK): tary and veteran benefits that recog- Natural Resources. S. Res. 188. A resolution recognizing June nizes new State definitions of spouse. By Mr. MANCHIN (for himself and Ms. 30, 2013, as the centennial of the Lincoln S. 403 AYOTTE): Highway, the first transcontinental high- At the request of Mr. CASEY, the S. 1231. A bill to amend the Pay-As-You- way, which originally spanned 3,389 miles Go-Act of 2010 to create an expedited proce- through 13 states, including the great State name of the Senator from Hawaii (Mr. dure to enact recommendations of the Gov- of Nebraska; considered and agreed to. SCHATZ) was added as a cosponsor of S. ernment Accountability Office for consolida- By Mr. KING (for himself, Ms. COLLINS, 403, a bill to amend the Elementary tion and elimination to reduce duplication; Mr. REID, Mr. MCCONNELL, Mr. ALEX- and Secondary Education Act of 1965 to

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5265 address and take action to prevent bul- Senator from New Hampshire (Ms. S. 1029 lying and harassment of students. AYOTTE), the Senator from California At the request of Mr. PORTMAN, the S. 425 (Mrs. BOXER), the Senator from Texas name of the Senator from North Da- At the request of Ms. STABENOW, the (Mr. CORNYN), the Senator from Cali- kota (Mr. HOEVEN) was added as a co- name of the Senator from Pennsyl- fornia (Mrs. FEINSTEIN), the Senator sponsor of S. 1029, a bill to reform the vania (Mr. CASEY) was added as a co- from Minnesota (Mr. FRANKEN), the process by which Federal agencies ana- sponsor of S. 425, a bill to amend title Senator from New York (Mrs. GILLI- lyze and formulate new regulations and XI of the Social Security Act to im- BRAND), the Senator from Virginia (Mr. guidance documents. prove the quality, health outcomes, KAINE), the Senator from Maine (Mr. S. 1032 and value of maternity care under the KING), the Senator from Rhode Island At the request of Mrs. MCCASKILL, Medicaid and CHIP programs by devel- (Mr. REED), the Senator from West Vir- the name of the Senator from Illinois oping maternity care quality measures ginia (Mr. ROCKEFELLER), the Senator (Mr. DURBIN) was added as a cosponsor and supporting maternity care quality from Hawaii (Mr. SCHATZ), the Senator of S. 1032, a bill to amend title 10, collaboratives. from Michigan (Ms. STABENOW) and the United States Code, to make certain S. 430 Senator from Oregon (Mr. MERKLEY) improvements in the Uniform Code of At the request of Mr. HELLER, the were added as cosponsors of S. 789, a Military Justice related to sex-related name of the Senator from Alaska (Mr. bill to grant the Congressional Gold offenses committed by members of the BEGICH) was added as a cosponsor of S. Medal, collectively, to the First Spe- Armed Forces, and for other purposes. 430, a bill to amend title 38, United cial Service Force, in recognition of its S. 1039 States Code, to enhance treatment of superior service during World War II. At the request of Mr. MERKLEY, the certain small business concerns for S. 868 name of the Senator from Alaska (Mr. purposes of Department of Veterans Af- At the request of Mr. HELLER, the BEGICH) was added as a cosponsor of S. fairs contracting goals and preferences, name of the Senator from Alaska (Mr. 1039, a bill to amend title 38, United and for other purposes. BEGICH) was added as a cosponsor of S. States Code, to expand the Marine S. 462 868, a bill to require the Secretary of Gunnery Sergeant John David Fry Defense to establish a process to deter- At the request of Mrs. BOXER, the scholarship to include spouses of mem- names of the Senator from North Caro- mine whether individuals claiming cer- bers of the Armed Forces who die in tain service in the Philippines during lina (Mr. BURR), the Senator from the line of duty, and for other pur- World War II are eligible for certain Idaho (Mr. RISCH) and the Senator from poses. benefits despite not being on the Mis- Georgia (Mr. ISAKSON) were added as S. 1046 souri List, and for other purposes. cosponsors of S. 462, a bill to enhance At the request of Mr. SCHATZ, the the strategic partnership between the S. 892 name of the Senator from Alaska (Ms. United States and Israel. At the request of Mr. KIRK, the name MURKOWSKI) was added as a cosponsor of the Senator from Iowa (Mr. GRASS- S. 535 of S. 1046, a bill to clarify certain pro- LEY) was added as a cosponsor of S. 892, At the request of Mr. RUBIO, the visions of the Native American Vet- a bill to amend the Iran Threat Reduc- name of the Senator from Arizona (Mr. erans’ Memorial Establishment Act of tion and Syria Human Rights Act of MCCAIN) was added as a cosponsor of S. 1994. 2012 to impose sanctions with respect 535, a bill to require a study and report S. 1096 to certain transactions in foreign cur- by the Small Business Administration At the request of Mr. BAUCUS, the rencies, and for other purposes. regarding the costs to small business name of the Senator from Minnesota S. 897 concerns of Federal regulations. (Mr. FRANKEN) was added as a cospon- At the request of Ms. WARREN, the sor of S. 1096, a bill to establish an Of- S. 647 name of the Senator from Vermont At the request of Mr. NELSON, the fice of Rural Education Policy in the (Mr. SANDERS) was added as a cospon- Department of Education. name of the Senator from New Jersey sor of S. 897, a bill to prevent the dou- (Mr. MENENDEZ) was added as a cospon- bling of the interest rate for Federal S. 1114 sor of S. 647, a bill to modify the prohi- subsidized student loans for the 2013– At the request of Mr. BROWN, the bition on recognition by United States 2014 academic year by providing funds name of the Senator from Indiana (Mr. courts of certain rights relating to cer- for such loans through the Federal Re- DONNELLY) was added as a cosponsor of tain marks, trade names, or commer- serve System, to ensure that such S. 1114, a bill to provide for identifica- cial names. loans are available at interest rates tion of misaligned currency, require S. 717 that are equivalent to the interest action to correct the misalignment, At the request of Ms. KLOBUCHAR, the rates at which the Federal Government and for other purposes. name of the Senator from Idaho (Mr. provides loans to banks through the S. 1195 RISCH) was added as a cosponsor of S. discount window operated by the Fed- At the request of Mr. BARRASSO, the 717, a bill to direct the Secretary of En- eral Reserve System, and for other pur- name of the Senator from Arizona (Mr. ergy to establish a pilot program to poses. MCCAIN) was added as a cosponsor of S. award grants to nonprofit organiza- S. 916 1195, a bill to repeal the renewable fuel tions for the purpose of retrofitting At the request of Mr. KAINE, the standard. nonprofit buildings with energy-effi- names of the Senator from Alabama S. 1204 ciency improvements. (Mr. SESSIONS), the Senator from Vir- At the request of Mr. COBURN, the S. 734 ginia (Mr. WARNER) and the Senator name of the Senator from Kansas (Mr. At the request of Mr. NELSON, the from New York (Mr. SCHUMER) were MORAN) was added as a cosponsor of S. name of the Senator from Alaska (Mr. added as cosponsors of S. 916, a bill to 1204, a bill to amend the Patient Pro- BEGICH) was added as a cosponsor of S. authorize the acquisition and protec- tection and Affordable Care Act to pro- 734, a bill to amend title 10, United tion of nationally significant battle- tect rights of conscience with regard to States Code, to repeal the requirement fields and associated sites of the Revo- requirements for coverage of specific for reduction of survivor annuities lutionary War and the War of 1812 items and services, to amend the Pub- under the Survivor Benefit Plan by under the American Battlefield Protec- lic Health Service Act to prohibit cer- veterans’ dependency and indemnity tion Program. tain abortion-related discrimination in compensation. S. 1009 governmental activities, and for other S. 789 At the request of Mr. VITTER, the purposes. At the request of Mr. BAUCUS, the name of the Senator from Pennsyl- S. RES. 165 names of the Senator from South Da- vania (Mr. TOOMEY) was added as a co- At the request of Mr. DURBIN, the kota (Mr. JOHNSON), the Senator from sponsor of S. 1009, a bill to reauthorize name of the Senator from New Jersey Vermont (Mr. LEAHY), the Senator and modernize the Toxic Substances (Mr. MENENDEZ) was added as a cospon- from New Jersey (Mr. MENENDEZ), the Control Act, and for other purposes. sor of S. Res. 165, a resolution calling

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5266 CONGRESSIONAL RECORD — SENATE June 26, 2013 for the release from prison of former AMENDMENT NO. 1714 ‘‘(ii) Tobacco cessation. Prime Minister of Ukraine Yulia At the request of Mr. BROWN, the ‘‘(iii) Body Mass Index (BMI). Tymoshenko in light of the recent Eu- names of the Senator from Rhode Is- ‘‘(iv) Diabetes screening test. ‘‘(v) Cardiovascular disease screening. land (Mr. REED) and the Senator from ropean Court of Human Rights ruling. ‘‘(vi) Cholesterol level screening. AMENDMENT NO. 1223 Minnesota (Ms. KLOBUCHAR) were added ‘‘(vii) Screening tests and specified vac- At the request of Mr. REED, the name as cosponsors of amendment No. 1714 cinations. of the Senator from Wyoming (Mr. intended to be proposed to S. 744, a bill ‘‘(B) CONSULTATION.—In establishing stand- ENZI) was added as a cosponsor of to provide for comprehensive immigra- ards and points for achieving such standards amendment No. 1223 intended to be pro- tion reform and for other purposes. under this subsection, the Secretary— ‘‘(i) shall consult with 1 or more nationally posed to S. 744, a bill to provide for AMENDMENT NO. 1718 recognized health care quality organizations, comprehensive immigration reform At the request of Ms. HIRONO, the as determined appropriate by the Secretary; and for other purposes. names of the Senator from Louisiana and AMENDMENT NO. 1236 (Ms. LANDRIEU), the Senator from Con- ‘‘(ii) may consult with physicians and At the request of Mr. TOOMEY, the necticut (Mr. BLUMENTHAL), the Sen- other professionals experienced with name of the Senator from North Da- ator from Illinois (Mr. DURBIN) and the wellness programs. ‘‘(C) POINTS.—The number of points award- kota (Mr. HOEVEN) was added as a co- Senator from Colorado (Mr. BENNET) sponsor of amendment No. 1236 in- ed for a year for achieving standards with re- were added as cosponsors of amend- spect to each of the targets described in tended to be proposed to S. 744, a bill to ment No. 1718 intended to be proposed clauses (i) through (vii) of subparagraph (A) provide for comprehensive immigration to S. 744, a bill to provide for com- shall not exceed 5. Such points may be reform and for other purposes. prehensive immigration reform and for awarded on a sliding scale, based on stand- AMENDMENT NO. 1348 other purposes. ards established under this subsection, as de- termined appropriate by the Secretary. At the request of Mrs. FISCHER, the f name of the Senator from Oklahoma ‘‘(2) MODIFICATION OF BETTER HEALTH TAR- STATEMENTS ON INTRODUCED GET STANDARDS AND ASSIGNED POINTS.— (Mr. INHOFE) was added as a cosponsor BILLS AND JOINT RESOLUTIONS ‘‘(A) IN GENERAL.—The Secretary may of amendment No. 1348 intended to be modify standards for measuring better proposed to S. 744, a bill to provide for By Mr. WYDEN (for himself and health targets and, subject to paragraph comprehensive immigration reform Mr. PORTMAN): (1)(C), points for achieving such standards and for other purposes. S. 1228. A bill to establish a program for participating Medicare beneficiaries AMENDMENT NO. 1381 to provide incentive payments to par- under this subsection. ‘‘(B) CONSULTATION.—In modifying stand- At the request of Mr. JOHNSON of Wis- ticipating Medicare beneficiaries who ards and points for achieving such standards consin, the name of the Senator from voluntarily establish and maintain bet- ter health; to the Committee on Fi- under this paragraph, the Secretary— Louisiana (Mr. VITTER) was added as a ‘‘(i) shall consult with 1 or more nationally cosponsor of amendment No. 1381 in- nance. recognized health care quality organizations, tended to be proposed to S. 744, a bill to Mr. WYDEN. Mr. President, I ask as determined appropriate by the Secretary; provide for comprehensive immigration unanimous consent that the text of the and reform and for other purposes. bill be printed in the RECORD. ‘‘(ii) may consult with physicians and other professionals experienced with AMENDMENT NO. 1416 There being no objection, the text of the bill was ordered to be printed in wellness programs. At the request of Mr. SCHATZ, the ‘‘(d) CONDUCT OF PROGRAM.— the RECORD, as follows: name of the Senator from Louisiana ‘‘(1) DURATION.— (Ms. LANDRIEU) was added as a cospon- S. 1228 ‘‘(A) IN GENERAL.—Subject to subparagraph sor of amendment No. 1416 intended to Be it enacted by the Senate and House of Rep- (B), the Program shall be conducted for not be proposed to S. 744, a bill to provide resentatives of the United States of America in less than a 3-year period. for comprehensive immigration reform Congress assembled, ‘‘(B) EXPANSION.—The Secretary shall ex- and for other purposes. SECTION 1. SHORT TITLE. pand the duration and scope of the Program, to the extent determined appropriate by the AMENDMENT NO. 1558 This Act may be cited as the ‘‘Medicare Better Health Rewards Program Act of 2013’’. Secretary, if— At the request of Mr. CARPER, the ‘‘(i) the Secretary determines that such ex- SEC. 2. MEDICARE BETTER HEALTH REWARDS pansion is expected to— name of the Senator from Louisiana PROGRAM. ‘‘(I) reduce spending under this title with- (Ms. LANDRIEU) was added as a cospon- Part B of title XVIII of the Social Security out reducing the quality of care; or sor of amendment No. 1558 intended to Act (42 U.S.C. 1395j et seq.) is amended by ‘‘(II) improve the quality of care and re- be proposed to S. 744, a bill to provide adding at the end the following new section: for comprehensive immigration reform duce spending; ‘‘MEDICARE BETTER HEALTH REWARDS ‘‘(ii) the Chief Actuary of the Centers for and for other purposes. PROGRAM Medicare & Medicaid Services certifies that AMENDMENT NO. 1580 ‘‘SEC. 1849. (a) IN GENERAL.—The Secretary such expansion would reduce program spend- At the request of Mr. CRUZ, the shall establish a Better Health Rewards Pro- ing under this title; and names of the Senator from Louisiana gram (in this section referred to as the ‘Pro- ‘‘(iii) the Secretary determines that such (Mr. VITTER) and the Senator from gram’) under which incentives are provided expansion would not deny or limit the cov- Oklahoma (Mr. INHOFE) were added as to Medicare beneficiaries who voluntarily erage or provision of benefits under this title cosponsors of amendment No. 1580 in- agree to participate in the Program. for individuals. ‘‘(b) ENROLLMENT.—A health professional ‘‘(2) COLLECTION AND USE OF BASELINE tended to be proposed to S. 744, a bill to participating in the Program shall provide DATA.—During the first year of the Program, provide for comprehensive immigration their patients who are Medicare beneficiaries a health professional shall establish and re- reform and for other purposes. with a description of and an opportunity to port to the Secretary baseline information AMENDMENT NO. 1594 enroll in the Program on a voluntary basis. for each participating Medicare beneficiary At the request of Mrs. FISCHER, the If a Medicare beneficiary elects to enroll in who is a patient of the health professional as name of the Senator from Oklahoma the Program, the health professional shall part of that beneficiary’s first year assess- inform the Secretary of the individual’s en- ment under paragraph (3)(A). The health pro- (Mr. INHOFE) was added as a cosponsor rollment through a process established by fessional shall use such data to aid in the de- of amendment No. 1594 intended to be the Secretary, which does not impose addi- termination of whether and to what extent proposed to S. 744, a bill to provide for tional administrative requirements on the the participating Medicare beneficiary is comprehensive immigration reform participating health professional. meeting the target standards under sub- and for other purposes. ‘‘(c) ESTABLISHMENT OF BETTER HEALTH section (c) in each of years 2 and 3 of the AMENDMENT NO. 1636 TARGET STANDARDS.— Program. At the request of Mr. BLUMENTHAL, ‘‘(1) IN GENERAL.— ‘‘(3) REQUIRED ASSESSMENTS FOR PARTICI- the name of the Senator from Illinois ‘‘(A) ESTABLISHMENT.—The Secretary shall PATING MEDICARE BENEFICIARIES.— establish standards for measuring better ‘‘(A) FIRST YEAR.—During year 1 of the (Mr. DURBIN) was added as a cosponsor health targets and points for achieving such Program, a health professional shall furnish of amendment No. 1636 intended to be standards for participating Medicare bene- to each participating Medicare beneficiary proposed to S. 744, a bill to provide for ficiaries, including such standards and points that is a patient of the health professional comprehensive immigration reform with respect to the following: either an annual wellness visit or an initial and for other purposes. ‘‘(i) Annual wellness visit. preventive physical examination.

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‘‘(B) SECOND AND THIRD YEARS.—During the estimated savings determined under this ‘‘(3) INITIAL PREVENTIVE PHYSICAL EXAMINA- each of years 2 and 3 of the Program, a subparagraph for a year shall be equal to— TION.—The term ‘initial preventive physical health professional shall furnish to each par- ‘‘(i) the estimated aggregate expenditures examination’ has the meaning given that ticipating Medicare beneficiary that is a pa- under this title (as projected under subpara- term in section 1861(ww)(1). tient of the health professional an annual graph (C)) for the year; minus ‘‘(4) MEDICARE BENEFICIARY.—The term wellness visit to determine whether and to ‘‘(ii) the actual aggregate expenditures ‘Medicare beneficiary’ means an individual what extent the participating Medicare ben- under this title (as determined by the Sec- enrolled in part B. eficiary has met the target standards under retary and taking into account any reduc- ‘‘(5) PARTICIPATING MEDICARE BENE- subsection (c). tion in specific health risks of the partici- FICIARY.—The term ‘participating Medicare ‘‘(e) DETERMINATION OF POINTS AND PAY- pating Medicare beneficiaries) for the year. beneficiary’ means a Medicare beneficiary MENT OF INCENTIVES.— ‘‘(C) PROJECTION OF ESTIMATED AGGREGATE who enrolls in the Program under subsection ‘‘(1) DETERMINATION OF POINTS.—During CLAIMS COST.— (b). each of years 2 and 3 of the Program, a ‘‘(i) BENCHMARK BASE YEAR.—The Secretary ‘‘(6) SCREENING TESTS.—The term ‘screen- health professional shall— shall establish a benchmark base year ing tests’ means any of the following that ‘‘(A) evaluate and report to the Secretary amount of expenditures under this title for are determined by a health professional to be whether each participating Medicare bene- participating Medicare beneficiaries during appropriate for a participating Medicare ben- ficiary that is a patient of the health profes- year 1 of the Program. eficiary: sional has achieved the target standards ‘‘(ii) PROJECTION.—The Secretary shall use ‘‘(A) Colorectal cancer screening tests (as under subsection (c); and the benchmark base year amount established defined in section 1861(pp)). ‘‘(B) determine the total amount of points under clause (i) to project the estimated ag- ‘‘(B) Screening mammography (as de- that each such participating Medicare bene- gregate expenditures for all participating scribed in section 1861(jj)). ficiary has achieved for the year based on Medicare beneficiaries during each of years 2 ‘‘(C) Screening pap smear and screening the points assigned for achieving such stand- and 3 of the Program as if the beneficiaries pelvic exam (as defined in section 1861(nn)). ards under subsection (c). were not participating in the Program. In ‘‘(D) Screening for glaucoma (as defined in making such projection, the Secretary may section 1861(uu)). ‘‘(2) INCENTIVE PAYMENT.— include adjustments for health status or ‘‘(E) Bone mass measurement (as defined in ‘‘(A) IN GENERAL.—The Secretary shall pay other specific risk factors and geographic section 1861(rr)) for qualified individuals de- to each participating Medicare beneficiary variation for the participating Medicare scribed in paragraph (2)(A) of such section. who achieves at least 20 points under para- beneficiaries. ‘‘(F) HIV screening for high-risk groups (as graph (1)(B) for the year an incentive pay- ‘‘(D) PUBLIC REPORT OF DETERMINATION AND identified by the Secretary). ment. Such payment shall be equal to an OTHER PROGRAM INFORMATION.—Not later ‘‘(7) SPECIFIED VACCINATIONS.—The term amount determined appropriate by the Sec- than 90 days after determining the aggregate ‘specified vaccinations’ means the vaccina- retary, but no case shall such amount exceed estimated savings (if any) under subpara- tions described in section 1861(ww)(1) that the following: graph (A) with respect to a year, the Sec- are determined by a health professional to be retary shall make available to the public a appropriate for a participating Medicare ben- Year 3 or a report containing a description of the eficiary.’’. ‘‘Points Year 2 Pay- Subsequent amount of the savings determined, including SEC. 3. PARTICIPATION BY MEDICARE ADVAN- ment Amount Year Pay- the methodology and any other calculations TAGE PLANS. ment Amount or determinations involved in the determina- Section 1859 of the Social Security Act (42 tion of such amount. Such report shall in- U.S.C. 1395w–28) is amended by adding at the 20–24 clude— end the following new subsection: points .. $100 $200 ‘‘(i) a description of any reduction in spe- ‘‘(h) PROVIDING INCENTIVES FOR VOLUNTARY cific health risks of participating Medicare PARTICIPATION IN A BETTER HEALTH REWARDS 25 or more PROGRAM.— points .. $200 $400. beneficiaries identified by the Secretary; ‘‘(ii) a description of— ‘‘(1) IN GENERAL.—Effective for plan years ‘‘(I) standards for measuring better health beginning on or after the date of enactment ‘‘(B) INFLATION ADJUSTMENT.—The dollar targets under subsection (c); and of the Medicare Better Health Rewards Pro- amounts specified in this paragraph shall be ‘‘(II) the points available for achieving gram Act of 2013, a Medicare Advantage or- increased, beginning with 2017, from year to each such standard under that subsection; ganization may provide to individuals en- year based on the percentage increase in the and rolled in an MA plan offered by the organiza- consumer price index for all urban con- ‘‘(iii) recommendations for such legislation tion incentive payments, including cash, sumers (all items; United States city aver- and administrative action as the Secretary cash-equivalent, or other types of incentives, age), rounded to the nearest $1. determines appropriate. for voluntary participation in a Better ‘‘(3) FINAL DETERMINATION OF STANDARDS ‘‘(3) MONITORING OF PROGRAM COSTS.—Dur- Health Rewards Program (in this subsection ACHIEVEMENT MADE BY PARTICIPATING HEALTH ing the operation of the Program, the Chief referred to as the ‘Program’) that rewards PROFESSIONAL.—Under the Program, a par- Actuary of the Centers for Medicare & Med- individuals for meeting certain health tar- ticipating health professional shall make the icaid Services shall— gets established by the Secretary. final determination as to whether or not a ‘‘(A) monitor the Program to determine ‘‘(2) LIMITATION.—In no case shall the participating Medicare beneficiary has met whether or not the Program is reducing ag- monthly bid amount submitted by a Medi- the target standards under subsection (c) and gregate expenditures under this title; and care Advantage organization under section what screening tests and specified vaccina- ‘‘(B) submit to the Secretary an annual re- 1834(a)(6) (or the monthly premium charged tions, or other services, are necessary for port on the results of such monitoring. by the organization under section 1854(b)) purposes of making such determination. ‘‘(4) REQUIRED ACTION IF AGGREGATE INCEN- with respect to an MA plan offered by the or- ‘‘(f) SPENDING BENCHMARKS.— TIVE PAYMENTS EXCEED SAVINGS.—If the Sec- ganization take into account any incentive ‘‘(1) IN GENERAL.—The Secretary shall col- retary, taking into account the reports payments made to enrollees under the Pro- lect relevant data, including data on claims under paragraph (3)(B), determines that the gram. paid under this title for services furnished to aggregate expenditures under this title ex- ‘‘(3) IMPLEMENTATION.—The Program under participating Medicare beneficiaries during ceed the aggregate expenditures under this this subsection shall be conducted in a simi- the Program, for purposes of determining the title that would have been made if the Pro- lar manner to the manner in which the pro- aggregate estimated savings achieved under gram had not been implemented, the Sec- gram under section 1849 is conducted, in ac- this title for participating Medicare bene- retary shall provide for changes to the provi- cordance with standards established by the ficiaries during each of years 2 and 3 of the sions of the program in order to eliminate Secretary. Program in accordance with paragraph (2) such excess. ‘‘(4) NOTIFICATION AND PROVISION OF INFOR- (and for a subsequent year if the Program is ‘‘(g) WAIVER AUTHORITY.—The Secretary MATION.—A Medicare Advantage organiza- expanded under subsection (d)(1)(B)). may waive such requirements of titles XI tion seeking to participate in the Program ‘‘(2) DETERMINATION OF AGGREGATE ESTI- and XVIII as may be necessary to carry out shall— MATED SAVINGS.— the purposes of the Program established ‘‘(A) notify the Secretary of the organiza- ‘‘(A) IN GENERAL.—The amount of the ag- under this section. tion’s intent to participate in the Program; gregate estimated savings under this title ‘‘(h) DEFINITIONS.—In this section: and for participating Medicare beneficiaries ‘‘(1) ANNUAL WELLNESS VISIT.—The term ‘‘(B) agree to provide to the Secretary— under paragraph (1), with respect to a year, ‘annual wellness visit’ includes personalized ‘‘(i) information regarding— shall be equal to— prevention plan services (as defined in sec- ‘‘(I) which enrollees participate in the Pro- ‘‘(i) the estimated savings determined tion 1861(hhh)(1)). gram; under subparagraph (B) for the year; minus ‘‘(2) HEALTH PROFESSIONAL.—The term ‘‘(II) the scores of those enrollees with re- ‘‘(ii) the aggregate incentive payments ‘health professional’ includes a physician (as spect to applicable health targets under the made under the Program during the year. defined in section 1861(r)(1)) and a practi- Program; and ‘‘(B) DETERMINATION OF ESTIMATED SAV- tioner described in clause (i) of section ‘‘(III) the incentives enrollees receive for INGS.—For purposes of subparagraph (A)(i), 1842(b)(18)(C). meeting such health targets; and

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5268 CONGRESSIONAL RECORD — SENATE June 26, 2013 ‘‘(ii) any other information specified by the under this section) with respect to PACE XVIII, and XIX as may be necessary to carry Secretary for purposes of this subsection. program eligible individuals enrolled with out the purposes of the Program established ‘‘(5) WAIVER AUTHORITY.—The Secretary the PACE provider take into account any in- under this subsection.’’. may waive such requirements of titles XI centive payments made to individuals under SEC. 6. EXCLUSION OF INCENTIVE PAYMENTS. and XVIII as may be necessary to carry out the Program. (a) IN GENERAL.—Part III of subchapter B the purposes of the Program established ‘‘(3) IMPLEMENTATION.—The Program under of chapter 1 of the Internal Revenue Code of under this subsection.’’. this subsection shall be conducted in a simi- 1986 is amended by inserting after section SEC. 4. PARTICIPATION OF SECTION 1876 COST lar manner to the manner in which the pro- 139D the following new section: PLANS. gram under section 1849 is conducted, in ac- ‘‘SEC. 139E. MEDICARE BETTER HEALTH RE- Section 1876 of the Social Security Act (42 cordance with standards established by the WARDS PAYMENTS. U.S.C. 1395mm) is amended by inserting at Secretary. ‘‘Gross income shall not include any pay- the end the following: ‘‘(4) NOTIFICATION AND PROVISION OF INFOR- ment made under the following programs: ‘‘(l) PROVIDING INCENTIVES FOR VOLUNTARY MATION.—A PACE provider seeking to par- ‘‘(1) The Medicare Better Health Rewards PARTICIPATION IN A BETTER HEALTH REWARDS ticipate in the Program shall— Program established under section 1849 of PROGRAM.— ‘‘(A) notify the Secretary of the PACE pro- the Social Security Act. ‘‘(1) IN GENERAL.—Effective for contract pe- vider’s intent to participate in the Program; ‘‘(2) A Better Health Rewards Program es- riods beginning on or after the date of enact- and tablished pursuant to section 1859(h), 1876(l), ment of the Medicare Better Health Rewards ‘‘(B) agree to provide to the Secretary— 1894(j), or 1934(k) of the Social Security Program Act of 2013, an eligible organization ‘‘(i) information regarding— Act.’’. may provide to members enrolled under this ‘‘(I) which PACE program eligible individ- (b) CLERICAL AMENDMENT.—The table of section with the organization incentive pay- uals enrolled with the PACE provider par- sections for part III of subchapter B of chap- ments, including cash, cash-equivalent, or ticipate in the Program; ter 1 of such Code is amended by inserting other types of incentives, for voluntary par- ‘‘(II) the scores of those individuals with after the item relating to section 139D the ticipation in a Better Health Rewards Pro- respect to applicable health targets under following new item: gram (in this subsection referred to as the the Program; and ‘‘Sec. 139E. Medicare Better Health Re- ‘Program’) that rewards members for meet- ‘‘(III) the incentives individuals receive for wards payments.’’. ing certain health targets established by the meeting such health targets; and Secretary. ‘‘(ii) any other information specified by the By Mr. WHITEHOUSE (for him- ‘‘(2) LIMITATION.—In no case shall the pay- Secretary for purposes of this subsection. ARREN ment to an eligible organization under this ‘‘(5) WAIVER AUTHORITY.—The Secretary self and Ms. W ): section (or the premium rate charged by the may waive such requirements of titles XI, S. 1229. A bill to amend the Truth in organization under this section) with respect XVIII, and XIX as may be necessary to carry Lending Act to empower the States to to members enrolled with the organization out the purposes of the Program established set the maximum annual percentage take into account any incentive payments under this subsection.’’. rates applicable to consumer credit made to members under the Program. (b) MEDICAID.—Section 1934 of the Social transactions, and for other purposes; to ‘‘(3) IMPLEMENTATION.—The Program under Security Act (42 U.S.C. 1396u–4) is amended the Committee on Banking, Housing, this subsection shall be conducted in a simi- by adding at the end the following new sub- section: and Urban Affairs. lar manner to the manner in which the pro- Mr. WHITEHOUSE. Mr. President, I gram under section 1849 is conducted, in ac- ‘‘(k) PROVIDING INCENTIVES FOR VOLUNTARY cordance with standards established by the PARTICIPATION IN A BETTER HEALTH REWARDS am very pleased to be joined on the Secretary. PROGRAM.— floor of the Senate by Senator WARREN ‘‘(1) IN GENERAL.—Effective for PACE pro- ‘‘(4) NOTIFICATION AND PROVISION OF INFOR- to introduce legislation we have been gram agreements entered into on or after the MATION.—An eligible organization seeking to working on since 2008. participate in the Program shall— date of enactment of the Medicare Better Astute observers of this body will ‘‘(A) notify the Secretary of the organiza- Health Rewards Program Act of 2013, a PACE recognize that was before Senator provider may provide to PACE program eli- tion’s intent to participate in the Program; WARREN was even Senator WARREN. and gible individuals enrolled under this section with the PACE provider incentive payments, She has been, for years, a renowned ex- ‘‘(B) agree to provide to the Secretary— pert in consumer law and a leading ad- ‘‘(i) information regarding— including cash, cash-equivalent, or other ‘‘(I) which members participate in the Pro- types of incentives, for voluntary participa- vocate of reforms to protect families gram; tion in a Better Health Rewards Program (in from predatory lending. It has been a ‘‘(II) the scores of those members with re- this subsection referred to as the ‘Program’) pleasure working with her on this bill, spect to applicable health targets under the that rewards enrollees for meeting certain and I am delighted to be working with Program; and health targets established by the Secretary. her as Senate colleagues now. ‘‘(2) LIMITATION.—In no case shall the pay- ‘‘(III) the incentives members receive for A little history. During President meeting such health targets; and ment to a PACE provider under this section (or any premium charged by the provider Obama’s first 2 years in office and be- ‘‘(ii) any other information specified by the fore the Republicans took control of Secretary for purposes of this subsection. under this section) with respect to PACE program eligible individuals enrolled with the House in 2011, Democrats passed ‘‘(5) WAIVER AUTHORITY.—The Secretary may waive such requirements of titles XI the PACE provider take into account any in- two significant landmark bills to pro- and XVIII as may be necessary to carry out centive payments made to individuals under tect ordinary consumers from credit the purposes of the Program established the Program. card company abuses. under this subsection.’’. ‘‘(3) IMPLEMENTATION.—The Program under The Credit CARD Act of 2009 out- this subsection shall be conducted in a simi- SEC. 5. PARTICIPATION OF PROGRAMS OF ALL- lawed some of the worst tricks and INCLUSIVE CARE FOR THE ELDERLY lar manner to the manner in which the pro- gram under section 1849 is conducted, in ac- traps that lenders used to squeeze (PACE). money out of their customers. After (a) MEDICARE.—Section 1894 of the Social cordance with standards established by the Security Act (42 U.S.C. 1395eee) is amended Secretary. that law, big banks can no longer hike by inserting at the end the following: ‘‘(4) NOTIFICATION AND PROVISION OF INFOR- interest rates on preexisting balances ‘‘(j) PROVIDING INCENTIVES FOR VOLUNTARY MATION.—A PACE provider seeking to par- just because they feel like it, and they PARTICIPATION IN A BETTER HEALTH REWARDS ticipate in the Program shall— can no longer declare that the day ends PROGRAM.— ‘‘(A) notify the Secretary of the PACE pro- at lunchtime in order to impose late ‘‘(1) IN GENERAL.—Effective for PACE pro- vider’s intent to participate in the Program; fees on payments that arrive in the gram agreements entered into on or after the and date of enactment of the Medicare Better ‘‘(B) agree to provide to the Secretary— afternoon. As absurd as it sounds, cred- Health Rewards Program Act of 2013, a PACE ‘‘(i) information regarding— it card companies routinely engage in provider may provide to PACE program eli- ‘‘(I) which PACE program eligible individ- those sort of shenanigans, but the gible individuals enrolled under this section uals enrolled with the PACE provider par- Credit CARD Act of 2009 put an end to with the PACE provider incentive payments, ticipate in the Program; a lot of it. including cash, cash-equivalent, or other ‘‘(II) the scores of those individuals with A second bill, the Dodd-Frank Wall types of incentives, for voluntary participa- respect to applicable health targets under Street Reform Act, established the tion in a Better Health Rewards Program (in the Program; and Consumer Financial Protection Bu- this subsection referred to as the ‘Program’) ‘‘(III) the incentives individuals receive for reau, an essential agency first proposed that rewards enrollees for meeting certain meeting such health targets; and health targets established by the Secretary. ‘‘(ii) any other information specified by the by Senator WARREN when she was a law ‘‘(2) LIMITATION.—In no case shall the pay- Secretary for purposes of this subsection. professor. That body will be for mort- ment to a PACE provider under this section ‘‘(5) WAIVER AUTHORITY.—The Secretary gages and credit cards what the Con- (or any premium charged by the provider may waive such requirements of titles XI, sumer Product Safety Commission is

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5269 for toasters and swimming pools. In an percent. Savings bonds pay a paltry 1 bill that can advance that goal—help- age when the fine print in a financial percent. The Stafford loans we are dis- ing working families. agreement can be the door to a family cussing will move from 3.4 percent to For more than two centuries a State bankruptcy, this new agency is long 6.8 percent if we don’t act. But credit could pass a usury law and enforce it overdue. cards? According to bankrate.com, against anyone who was lending money While the Consumer Financial Pro- which tracks lending statistics, the av- in the State. Congress and Federal tection Board is working to protect erage variable rate credit card now agencies played a central role in our American families from many types of charges over 15 percent, and many con- banking policies, but our system al- unfair and deceptive financial prac- sumers pay much higher rates. lowed States to play an important role tices, including ones that involve cred- At 15-percent interest, it would take too. The States decided locally what it card fees, the Board is barred from a family, paying the monthly min- were the highest interest rates they regulating credit card interest rates. In imum, which is often equal to 1 percent wanted their citizens to be charged. We the final negotiations on Dodd-Frank, of the balance plus the accrued inter- honored the traditions of federalism, the allies of the big credit card compa- est, more than 22 years to pay off a and things worked pretty well. The nies kept interest rates beyond the $5,000 balance. An emergency comes to States protected their citizens. Con- reach of this consumer agency. your family, and you need to go to sumer financial products, such as cred- That is a shame, because unfair in- your credit card to pay for it, so you it cards, were easy to understand and terest rates are a big problem for fami- have to run up $5,000. It will take you they were safe for consumers. They lies in Rhode Island and across the Na- 22 years to dig out from that at a 15- were not loaded with tricks and traps. tion. I have heard from so many con- percent rate. Over those 20 years, the That changed starting in 1978, when stituents enticed to sign up for a credit total you would pay would be almost the Supreme Court issued its decision card with an attractive teaser rate of 0 $11,000, meaning interest rate charges in Marquette National Bank of Min- or 1 percent, and eventually the teaser would be more than the actual balance neapolis v. First of Omaha Service period ends and the rate goes up to 12 you owe. That is bad enough, but imag- Corp. In that decision, the Court inter- or 15 percent, and if the cardholder ine a family paying 30 percent. For preted a banking law that Congress had slips up and misses a couple of pay- them, it is much worse. It would take passed back in 1863, and they decided ments, the rate can jump to 30 percent 25 years to pay off a $5,000 balance the statute meant the States could not or higher. making minimum payments, and the keep an out-of-State lender from I think when most of us in this body total payments the family would have charging high rates within the State. That all sounds pretty technical, but were growing up, a 30-percent interest to make would add up to $17,000, more the result was that credit card compa- rate was a matter you could usually than the original $5,000 that was bor- nies flocked to move their head- take to the police because it violated rowed. quarters to States that had little con- State law. A rate at 30 percent would Families may turn to credit cards in sumer protection. Then other States have been illegal under the laws of times of emergency, and then, when raced to the bottom, repealing their most, if not all, of the 50 States. But they get back on their feet, find the consumer protection laws, hoping to the Supreme Court in 1978 ruled the next quarter of a century dedicated to attract more business to their State. Civil War-era National Bank Act only paying off that debt. We should act to The basic idea that States could pro- required a lender, the credit card ensure that families don’t suffer lost tect their citizens from whatever issuer, to abide by the law of the State decades to unnecessarily—and what tricks or traps the banks wanted to try that is their home State and allowed would once have been illegally—high them to ignore the law of the State simply disappeared. interest rates. So I rise today to join my colleague their customer called their home The bill we introduce today, the Re- from Rhode Island, Senator WHITE- State. Well, it didn’t take too long for storing States’ Rights to Protect Con- HOUSE, to introduce the Empowering the big credit card companies to see sumers Act, would not set a Federal in- States’ Rights to Protect Consumers the loophole. This meant if they moved terest rate cap but it would restore to Act. This bill will restore the ability of their legal home to States with no in- our sovereign 50 States their historic States to enforce their own rules terest rate limits, with lousy consumer right—a right that dated back to their against all lenders that do business protections, even dealing with those status as colonies before the Revolu- within the State. It does not tell States to reduce consumer protections tion—to determine what interest rate States what rules to put in place, it as a consequence of moving there, well, limits should apply and protect their lets States decide for themselves. from these new havens they could lend own citizens. This bill is 2 pages long. The Credit CARD Act, enacted in to people in all 50 States at any inter- It is simple. It is a States rights bill. It 2009, and the new Consumer Financial est rate they wanted. received bipartisan support when I of- Protection Bureau, created by the Since that Supreme Court decision, fered it as an amendment to the Dodd- Dodd-Frank act in 2010, were critical which is called the Marquette ruling, Frank bill, and I hope Senators of both steps in the right direction, and they high interest rate credit cards have parties will consider supporting it now. are doing a good deal to help protect mushroomed and consumer debt has I will now yield the floor to my lead consumers. But we need to recognize soared. According to the Federal Re- cosponsor, Senator WARREN of Massa- the value of State partnerships by em- serve, in the year before the Marquette chusetts, with my thanks to her for her powering our States to play a role too decision, 1977, only 38 percent of fami- leadership in protecting American con- and by restoring their ability to serve lies had a bank-issued credit card. By sumers and for her help in drafting this as a laboratory of democracy. If and 2010, over 65 percent had credit cards, measure. It is a privilege to serve with when credit card companies develop with about one-third of all families Senator WARREN in the Senate. the next generation of tricks and traps, holding four or more credit cards. And I yield the floor. buried in fine print and legalese, States The PRESIDING OFFICER. The Sen- the debt numbers coming off those ought to be able to respond with their ator from Massachusetts. credit cards are even worse. Revolving own rules and protections if they deem Ms. WARREN. Mr. President, I want consumer debt, which is mainly credit it necessary. card debt, has exploded over twentyfold to start by commending Senator I ask my colleagues to carefully con- in the 35 years since the Marquette de- WHITEHOUSE for his extraordinary lead- sider this bill. cision. This little bull’s-eye represents ership. For 5 years he has worked on I again thank Senator WHITEHOUSE the debt beforehand, the giant red cir- this issue. He proved from the very be- for his extraordinary leadership on cle the debt afterward. ginning that he was open to consumer this. It is a great honor to stand today The credit card companies are taking groups that came to talk to him about and cosponsor this bill with him. full advantage. Interest rates, as we a problem, and he has been committed know, are generally low right now. to helping working families and that By Mr. WYDEN (for himself and Banks are lending to one another at has been his central goal. It is a great Ms. STABENOW): less than one-quarter of 1 percent, and honor to stand this afternoon with Sen- S. 1230. A bill to reduce oil consump- 30-year fixed mortgage rates are near 4 ator WHITEHOUSE and to talk about a tion and improve energy security, and

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5270 CONGRESSIONAL RECORD — SENATE June 26, 2013 for other purposes; to the Committee vide workable solutions for many of altogether, these provisions are de- on Energy and Natural Resources. the obstacles alternative fuels sup- signed to provide the tools for manu- Mr. WYDEN. Mr. President, today pliers and alternative fuel vehicles facturers, parts suppliers, fuel pro- Senator STABENOW and I are intro- manufacturers face when attempting viders, transportation planners, utility ducing legislation designed to reduce to get their technologies to market. regulators, and State, local, and tribal our dependence on oil in the transpor- Modifying these existing programs— officials to deploy alternative fuel ve- tation sector by replacing it with and bolstering them with cohesive poli- hicles, and the fuels to power them, in cleaner, domestic sources of energy to cies enshrined in law to make them numbers that make a difference and power our cars, trucks, buses, tractors, more useful for potential applicants— truly reduce our dependence on im- and ships. Until very recently, our na- will help our nation exploit our new- ported oil. tion was dependent upon foreign, often found abundant energy resources, tar- Our bill has broad support from in- unstable governments for its energy get climate change by incentivizing dustry groups and has been endorsed by supply—particularly for the oil that more widespread use of cleaner trans- the Alliance for Automobile Manufac- fuels our transport—70 percent of portation fuels, and create jobs by turers, Natural Gas Vehicles for Amer- which was imported from overseas. catalyzing new businesses in the di- ica, Global Automakers, the American Now, recent advances in drilling tech- verse alternative fuel and alternative Public Gas Association, Drive Oregon, nologies have uncovered abundant do- fuel vehicles sector. the National Electrical Manufacturers mestic energy resources and it is pre- Our bottom line goal is to help Amer- Association, and the Electric Drive dicted that the U.S. will be a net oil ican businesses, which build vehicles Transportation Association. We ask and gas exporter in the near future. and supply fuel, provide genuine alter- our colleagues to stand with us in sup- Today, we are introducing legislation natives to conventional fuels and en- port of this bill. that builds on our introduction of a gine technologies so that Americans Mr. President, I ask unanimous con- similar bill last Congress which was ap- can reduce our dependence on oil as a sent that the text of the bill be printed proved by Committee, our continual transportation fuel. The bill does this in the RECORD. work with a broad array of stake- by providing a set of tools to promote There being no objection, the text of holders and the feedback received dur- the deployment of these technologies. the bill was ordered to be printed in ing the series of natural gas forums In several instances, the bill modifies the RECORD, as follows: held by the Energy and Natural Re- existing programs, rather than cre- S. 1230 sources Committee. Those forums ating new ones. Be it enacted by the Senate and House of Rep- served as a reminder of the great op- First, the bill takes the existing ad- resentatives of the United States of America in portunity no one imagined we’d have vanced vehicle manufacturing support Congress assembled, even a few years ago, of being able to program at the Department of Energy, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. chart our own energy future rather which is now focused on providing fi- (a) SHORT TITLE.—This Act may be cited as than relying on other countries or sin- nancial support to major manufactur- the ‘‘Alternative Fueled Vehicles Competi- gle technologies to drive our economy ers of light duty vehicles, and opens it tiveness and Energy Security Act of 2013’’. forward. up to alternative fuel technologies. It (b) TABLE OF CONTENTS.—The table of con- While the natural gas forums served also expands the program to compo- tents of this Act is as follows: as a reminder, it is crucial that we nent manufacturers further down the Sec. 1. Short title; table of contents. don’t just supplant reliance on oil for supply chain and to the production of Sec. 2. Definitions. reliance on another single resource or Sec. 3. Loan guarantees for alternative fuel medium and heavy trucks, buses, and infrastructure. technology. At the end of the day, dif- transit vehicles and lifts the cap on the Sec. 4. Advanced technology vehicles manu- ferent fuels are going to work better in amount of loans that can be made to facturing incentive program. different types of vehicles and in dif- American manufacturers and their sup- Sec. 5. Conventional fuel replacement cal- ferent parts of the country. For that pliers. culation and assessment. reason, our bill does not pick tech- Alternative fuel vehicles need alter- Sec. 6. Technical assistance and coordina- nology winners and losers. It is ‘‘tech- native fuel. So the next major initia- tion. nology neutral,’’ ‘‘geography neutral’’ tive in the bill is to provide financial Sec. 7. Workforce training. and ‘‘market neutral.’’ An alternative support for the production and dis- Sec. 8. Reduction of engine idling and con- ventional fuel consumption. fuel that is readily available in one tribution of those alternative fuels. Sec. 9. Electric, hydrogen, and natural gas part of the country may not be readily Again, instead of creating a whole new utility and oil pipeline partici- available in every part of the country, program to support this alternative pation. or it may not work as well in an 18 fuel infrastructure, the bill modifies Sec. 10. Federal fleets. wheel tractor-trailer as in the family the existing clean energy Department Sec. 11. HOV lane access extension. car. Our bill does not choose which fuel of Energy loan guarantee program cre- SEC. 2. DEFINITIONS. is used where, or for what kinds of ve- ated in section 1703 of the Energy Pol- In this Act: hicles. We leave that up to the free icy Act of 2005. This loan program was (1) ALTERNATIVE FUEL.—The term ‘‘alter- market so that fuel providers and vehi- aimed at financing new, innovative native fuel’’ has the meaning given the term in section 301 of the Energy Policy Act of cle manufacturers can compete for low-carbon electricity generation tech- 1992 (42 U.S.C. 13211). what works best for their customers. nologies. That is all well and good, but (2) ALTERNATIVE FUELED VEHICLE.—The This bill brings us closer to the day those investments do not address the term ‘‘alternative fueled vehicle’’ has the when conventional gas stations give very real energy security challenge meaning given the term in section 301 of the way to the ‘‘Fueling Station of the Fu- facing our country from oil imports, Energy Policy Act of 1992 (42 U.S.C. 13211). ture’’ where consumers will have the especially since so little electricity in (3) COMMUNITY COLLEGE.—The term ‘‘com- option to choose between whichever the U.S. is actually generated using munity college’’ has the meaning given the fuel serves their needs. oil. Our bill would allow this already term ‘‘junior or community college’’ in sec- Energy legislation, including the En- tion 312 of the Higher Education Act of 1965 existing program to be used for alter- (20 U.S.C. 1058). ergy Policy Act of 2005 and the Energy native fuel infrastructure. (4) DEPARTMENT.—The term ‘‘Department’’ Independence and Security Act of 2007, The bill includes additional measures means the Department of Energy. have instituted a number of programs to provide technical assistance to (5) NONROAD VEHICLE.— at the Department of Energy and the States, local and tribal governments, (A) IN GENERAL.—The term ‘‘nonroad vehi- Environmental Protection Agency to public-private partnerships, and utility cle’’ means a vehicle that is not licensed for address the need to strengthen our en- companies and utility commissions to onroad use. ergy security by replacing a significant help overcome barriers to the deploy- (B) INCLUSIONS.—The term ‘‘nonroad vehi- portion of the oil Americans use for ment of these alternative fuel vehicles. cle’’ includes a vehicle described in subpara- graph (A) that is used principally— transportation with alternative fuels The bill further provides worker train- (i) for industrial, farming, or commercial such as electricity, natural gas, pro- ing provisions to ensure our nation has use; pane, biofuels, and hydrogen. However, a skilled workforce capable of making (ii) for rail transportation; these programs currently fail to pro- the goals of this bill a reality. Taken (iii) at an airport; or

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5271 (iv) for marine purposes. Secretary shall, by rule, develop a method- SEC. 7. WORKFORCE TRAINING. (6) SECRETARY.—The term ‘‘Secretary’’ ology for calculating the equivalent volumes (a) IN GENERAL.—The Secretary, in con- means the Secretary of Energy. of conventional fuel displaced by use of each sultation with the Secretary of Labor, shall SEC. 3. LOAN GUARANTEES FOR ALTERNATIVE alternative fuel to assess the effectiveness of award grants to community colleges, other FUEL INFRASTRUCTURE. alternative fuel and alternative fueled vehi- institutions of higher education, and other Section 1703(b) of the Energy Policy Act of cles in reducing oil imports. qualified training and education institutions 2005 (42 U.S.C. 16513(b)) is amended by adding (b) NATIONAL ASSESSMENT.—Not later than for the establishment or expansion of pro- at the end the following: 3 years after the date of enactment of this grams to provide training and education for ‘‘(11) Infrastructure for provision and dis- Act, the Secretary shall— vocational workforce development for— tribution of alternative fuels.’’. (1) conduct a national assessment (using (1) the manufacture and maintenance of al- SEC. 4. ADVANCED TECHNOLOGY VEHICLES MAN- the methodology developed under subsection ternative fueled vehicles; and UFACTURING INCENTIVE PROGRAM. (a)) of the effectiveness of alternative fuel (2) the manufacture, installation, support, Section 136 of the Energy Independence and alternative fueled vehicles in reducing and inspection of alternative fuel re- and Security Act of 2007 (42 U.S.C. 17013) is oil imports into the United States, including charging, refueling, and distribution infra- amended— as assessment of— structure. (1) in subsection (a)— (b) PURPOSE.—Training funded under this (A) in paragraph (1)— (A) market penetration of alternative fuel and alternative fueled vehicles in the United section shall be intended to ensure that the (i) by redesignating subparagraphs (A) workforce has the necessary skills needed to through (C) as clauses (i) through (iii), re- States; (B) successes and barriers to deployment manufacture, install, and maintain alter- spectively, and indenting appropriately; native fuel infrastructure and alternative (ii) in the matter preceding clause (i) (as identified by the programs established under this Act; and fueled vehicles. redesignated by clause (i)), by striking (c) SCOPE.—Training funded under this sec- (C) the maximum feasible deployment of ‘‘means an ultra efficient vehicle or a light tion shall include training for— alternative fuel and alternative fueled vehi- duty vehicle that meets—’’ and inserting (1) electricians, plumbers, pipefitters, and cles by 2020 and 2030; and ‘‘means— other trades and contractors who will be in- (2) report to Congress the results of the as- ‘‘(A) an ultra efficient vehicle or a light stalling, maintaining, or providing safety sessment. duty vehicle that meets—’’; support for alternative fuel recharging, re- (iii) in clause (iii) (as redesignated by SEC. 6. TECHNICAL ASSISTANCE AND COORDINA- fueling, and distribution infrastructure; clause (i)), by striking the period at the end TION. (2) building code inspection officials; and inserting a semicolon; and (a) TECHNICAL ASSISTANCE TO STATE, (3) vehicle, engine, and powertrain dealers (iv) by adding at the end the following: LOCAL, AND TRIBAL GOVERNMENTS.— and mechanics; and ‘‘(B) a vehicle (such as a medium-duty or (1) IN GENERAL.—In carrying out this title, (4) others positions as the Secretary deter- heavy-duty work truck, bus, or rail transit the Secretary shall provide, at the request of mines necessary to successfully deploy alter- vehicle) that— the Governor, mayor, county executive, pub- native fuels and vehicles. ‘‘(i) is used on a public street, road, high- lic utility commissioner, or other appro- (d) AUTHORIZATION OF APPROPRIATIONS.— way, or transitway; priate official or designee, technical assist- There is authorized to be appropriated to ‘‘(ii) meets each applicable emission stand- ance to State, local, and tribal governments carry out this section $50,000,000 for each of ard that is established as of the date of the or to a public-private partnership described fiscal years 2014 through 2018. application; and in paragraph (2) to assist with the deploy- SEC. 8. REDUCTION OF ENGINE IDLING AND CON- ‘‘(iii) will reduce consumption of conven- ment of alternative fuel and alternative VENTIONAL FUEL CONSUMPTION. tional motor fuel by 25 percent or more, as fueled vehicles and infrastructure. (a) DEFINITION OF IDLE REDUCTION TECH- compared to existing surface transportation (2) PUBLIC-PRIVATE PARTNERSHIP.—Tech- NOLOGY.—Section 756(a) of the Energy Policy technologies that perform a similar func- nical assistance under this section may be Act of 2005 (42 U.S.C. 16104(a)) is amended by tion, unless the Secretary determines that— awarded to a public-private partnership, striking paragraph (5) and inserting the fol- ‘‘(I) the percentage is not achievable for a comprised of State, local or tribal govern- lowing: vehicle type or class; and ments and nongovernmental entities, includ- ‘‘(5) IDLE REDUCTION TECHNOLOGY.—The ‘‘(II) an alternative percentage for that ve- ing— term ‘idle reduction technology’ means an hicle type or class will result in substantial (A) electric or natural gas utilities or advanced truck stop electrification system, reductions in motor fuel consumption within other alternative fuel distributors; auxiliary power unit, or other technology the United States.’’; (B) vehicle manufacturers; that— (B) in paragraph (3)(B)— (C) alternative fueled vehicle or alter- ‘‘(A)(i) is used to reduce long-duration (i) by striking ‘‘equipment and’’ and insert- native fuel technology providers; idling; and ing ‘‘equipment,’’; and (D) vehicle fleet owners; ‘‘(ii) allows for the main drive engine or (ii) by inserting ‘‘, and manufacturing (E) transportation and freight service pro- auxiliary refrigeration engine to be shut process equipment’’ after ‘‘suppliers’’; and viders; or down; or (C) by striking paragraph (4) and inserting (F) other appropriate non-Federal entities, ‘‘(B) uses an alternative fuel to reduce con- the following: as determined by the Secretary. sumption of conventional fuel and environ- ‘‘(4) QUALIFYING COMPONENTS.—The term (3) ASSISTANCE.—The technical assistance mental emissions.’’. ‘qualifying components’ means components, described in paragraph (1) may include— (b) FUNDING.—Section 756(b)(4)(B) of the systems, or groups of subsystems that the (A) coordination in the selection, location, Energy Policy Act of 2005 (42 U.S.C. Secretary determines— and timing of alternative fuel recharging and 16104(b)(4)(B)) is amended in clauses (i) and ‘‘(A) to be designed to improve fuel econ- refueling equipment and distribution infra- (ii) by striking ‘‘fiscal year 2008’’ each place omy or otherwise substantially reduce con- structure, including the identification of it appears and inserting ‘‘each of fiscal years sumption of conventional motor fuel; or transportation corridors and specific alter- 2008 through 2018’’. ‘‘(B) to contribute measurably to the over- native fuels that would be made available; SEC. 9. ELECTRIC, HYDROGEN, AND NATURAL all improved fuel use of an advanced tech- (B) development of protocols and commu- GAS UTILITY AND OIL PIPELINE nology vehicle, including idle reduction PARTICIPATION. nication standards that facilitate vehicle re- technologies.’’; (a) IN GENERAL.—The Secretary shall iden- fueling and recharging into electric, natural (2) in subsection (b), in the matter pre- tify barriers and remedies in existing elec- gas, and other alternative fuel distribution ceding paragraph (1), by striking ‘‘to auto- tric and natural gas and oil pipeline trans- systems; mobile’’ and inserting ‘‘to advanced tech- mission and distribution systems to the dis- (C) development of codes and standards for nology vehicle’’; tribution of alternative fuels and the deploy- the installation of alternative fuel distribu- (3) in subsection (d)(1), in the first sen- ment of alternative fuel recharging and re- tion and recharging and refueling equipment; tence, by striking ‘‘a total of not more than fueling capability, at economically competi- (D) education and outreach for the deploy- $25,000,000,000 in’’; tive costs of alternative fuel for consumers, ment of alternative fuel and alternative (4) in subsection (h)— including— fueled vehicles; and (A) in the subsection heading, by striking (1) model regulatory rate design and bill- (E) utility rate design and integration of ‘‘AUTOMOBILE’’ and inserting ‘‘ADVANCED ing for recharging and refueling alternative alternative fueled vehicles into electric and TECHNOLOGY VEHICLE’’; and fueled vehicles; natural gas utility distribution systems. (B) in paragraph (1)(B), by striking ‘‘auto- (2) electric grid load management and ap- mobiles’’ each place it appears and inserting (b) COST SHARING.—Cost sharing for assist- plications that will allow batteries in plug-in ‘‘advanced technology vehicles’’; and ance awarded under this section shall be con- electric drive vehicles to be used for grid (5) in subsection (i), by striking ‘‘2012’’ and sistent with section 988 of the Energy Policy storage, ancillary services provision, and inserting ‘‘2018’’. Act of 2005 (42 U.S.C. 16352). backup power; SEC. 5. CONVENTIONAL FUEL REPLACEMENT (c) AUTHORIZATION OF APPROPRIATIONS.— (3) integration of plug-in electric drive ve- CALCULATION AND ASSESSMENT. There is authorized to be appropriated to hicles with smart grid technology, including (a) METHODOLOGY.—Not later than 180 days carry out this section $50,000,000 for each of protocols and standards, necessary equip- after the date of enactment of this Act, the fiscal years 2014 through 2018. ment, and information technology systems;

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5272 CONGRESSIONAL RECORD — SENATE June 26, 2013 (4) technical and economic barriers to and restore the Great Lakes; to the In addition to authorization of the transshipment of biofuels by oil pipelines, or Committee on Environment and Public GLRI, this legislation would reauthor- distribution of hydrogen; and Works. ize two existing programs: the Great (5) any other barriers to installing suffi- Mr. LEVIN. Mr. President, the Great Lakes Legacy program, which supports cient and appropriate alternative fuel re- Lakes are a magnificent resource and charging and refueling infrastructure. the removal of contaminated sedi- (b) CONSULTATION.—The Secretary shall unique in the world. These water bod- ments at more than thirty Areas of carry out this section in consultation with— ies, formed during the last ten thou- Concern, AOCs, across the Great (1) the Federal Energy Regulatory Com- sand years, are the largest source of Lakes; and the Great Lakes National mission; surface freshwater on the planet. The Program Office, which handles Great (2) State public utility commissions; lakes shaped how people settled and se- Lakes matters for the EPA. (3) State consumer advocates; cured resources for their survival. Na- The health and vitality of the Great (4) electric and natural gas utility and tive Americans, French explorers, Lakes not only provide immense public transmission owners and operators; early European settlers, immigrants health and environmental benefits, but (5) oil pipeline owners and operators; flocking to new industrial cities, along (6) hydrogen suppliers; and they are also critical to the economic (7) other affected entities. with the current populations of today health of the region. For example, in (c) REPORT.—Not later than 2 years after all rely on the lakes for their sur- Muskegon Lake, which is directly con- the date of enactment of this Act, the Sec- vival—providing food and drinking nected to Lake Michigan, cleanup of retary shall submit to Congress a report de- water, transportation, power, recre- 430,000 cubic yards of sediment con- scribing actions taken to carry out this sec- ation, and magnificent beauty. How- taminated with mercury and polycyclic tion. ever, the vast resources the Great aromatic hydrocarbons, or PAHs, also SEC. 10. FEDERAL FLEETS. Lakes provide must not be taken for (a) IN GENERAL.—The Secretary (in con- provided jobs to barge and dredge oper- granted. We must do all we can to pro- ators, truck drivers, biologists, chem- sultation with the Administrator of General tect these waters and clean up the Services, the Secretary of Defense, the Post- ists, toxicologists, and general labor- areas that have been harmed by toxic master General, and the Director of the Of- ers. The cleanup will help lift fish con- fice of Management and Budget) shall estab- contaminants, polluted runoff, un- sumption advisories and restore fish lish an interagency coordination council for treated wastewater, and destructive habitat, which is vital to this area that invasive species. That is why as co- the development and procurement of alter- is a popular fishing and boating des- chairs of the Senate Great Lakes Task native fueled vehicles by Federal agencies. tination. Reports find a two to three (b) ELECTRICITY AND NATURAL GAS.—Elec- Force, Senator KIRK and I, along with dollar return for every dollar invested tricity and natural gas consumed by Federal several of our colleagues, are intro- agencies to fuel alternative fueled vehicles ducing today the Great Lakes Ecologi- in cleanup and restoration activity. shall be— cal and Economic Protection Act of And preventing future damage to the (1) considered an alternative fuel; and 2013, or GLEEPA. lakes—from aquatic invasive species (2) accounted for under Federal fleet man- for example—could easily save the pub- agement reporting requirements, rather than This bill builds upon the work of a multitude of stakeholders—environ- lic hundreds of millions of dollars in under Federal building management report- future expenditures. With a $7 billion ing requirements. mental organizations, business associa- (c) ASSESSMENT AND REPORT.—Not later tions, tribal governments, community fishery, $16 billion in annual expendi- than 180 days after the date of enactment of leaders, and Federal, State and local tures related to recreational boating, this Act, the Secretary (in consultation with officials—who worked together to craft and about 37 million hunters, anglers the Administrator of General Services, the the Great Lakes Regional Collabora- and bird watchers enjoying the Great Secretary of Defense, the Postmaster Gen- tion Strategy, a 2005 plan to guide res- Lakes each year, we cannot afford to eral, and the Director of the Office of Man- toration and protection for the Great not protect and restore this precious agement and Budget) shall complete an as- Lakes. The legislation we are intro- resource. sessment of Federal Government fleets (in- The legislation we are introducing cluding the United States Postal Service and ducing today would formally authorize the Department of Defense) and submit to the Great Lakes Restoration Initiative, today includes important safeguards to Congress a report that describes— GLRI, an inter-agency program de- ensure that tax dollars are wisely spent (1) for each Federal agency with a fleet of signed to implement the plan articu- on activities that actually achieve re- more than 200 vehicles, which types of vehi- lated in the Collaboration Strategy. sults. Projects are directed to be se- cles the agency uses that would or would not The GLRI is an action-oriented, re- lected so that they achieve strategic be suitable for alternative fuel use either sults-driven initiative targeting the and measurable outcomes and which through the procurement of new alternative most significant problems in the Great can be promptly implemented through fueled vehicles, or the conversion to alter- leveraging additional non-Federal re- native fuel, taking into account the types of Lakes, including aquatic invasive spe- vehicles for which alternative fuel could pro- cies, toxics and contaminated sedi- sources. The bill would also authorize vide comparable functionality and lifecycle ment, nonpoint source pollution, and an inter-agency task force to coordi- costs; habitat and wildlife protection and res- nate Federal resources in a way that (2) the quantity of alternative fueled vehi- toration. While broadly authorized most efficiently uses taxpayer funds, cles that could be deployed by the Federal under the Clean Water Act, the GLRI focusing on measurable outcomes such Government in 5 years and in 10 years, as- should be specifically authorized in law as cleaner water, improved public suming that the vehicles are available and to clarify its purpose and objectives health, and sustainable fisheries in the are purchased when new vehicles are needed and to demonstrate support from Con- Great Lakes. or existing vehicles are replaced; and Finally, State and local officials, (3) the estimated cost and benefits to the gress. Since the GLRI was launched in Federal Government for vehicle purchases or fiscal year 2010 with $475 million in tribal governments, business organiza- conversions described in this subsection. funding, real progress has been made to tions, environmental organizations, SEC. 11. HOV LANE ACCESS EXTENSION. restore the health of the Great Lakes: and other stakeholders need an avenue Section 166(b)(5) of title 23, United States More than a million cubic yards of con- to communicate on matters pertaining Code, is amended— taminated sediments have been cleaned to Great Lakes restoration. Recently, (1) in subparagraph (A), by striking ‘‘Be- up. More than 20,000 acres of wetland, the EPA created a board that advises fore September 30, 2017, the State’’ and in- coastal, upland and island habitat have the EPA and other Federal agencies on serting ‘‘The State’’; and been restored or enhanced. New tech- Great Lakes cleanup and protection ac- (2) in subparagraph (B), by striking ‘‘Be- fore September 30, 2017, the State’’ and in- nologies are being developed to combat tivities. This bill would make the advi- serting ‘‘The State’’. the sea lamprey. Asian carp have been sory board permanent to ensure that prevented from establishing a sus- the many voices across the Great By Mr. LEVIN (for himself, Mr. taining population in the Great Lakes. Lakes region can have a direct conduit KIRK, Ms. STABENOW, Ms. KLO- Hundreds of river miles have been re- to the Federal Government. BUCHAR, Mr. BROWN, Mr. DUR- stored to enable free fish passage from The Great Lakes are home to more BIN, Mr. FRANKEN, Mr. SCHU- the Great Lakes to their spawning than 3,500 species of plants and animals MER, and Ms. BALDWIN): grounds. Reduction of nutrient loading and support 1.5 million direct jobs, $62 S. 1232. A bill to amend the Federal from agriculture runoff has lessened billion in wages and a $7 billion fishery. Water Pollution Control Act to protect occurrences of harmful algal blooms. This legislation is needed to address

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5273 the threat of invasive species such as HARKIN, HEINRICH, HIRONO, KAINE, The Windsor case had to do with two Asian carp, polluted runoff that can KING, KLOBUCHAR, LEAHY, LEVIN, women—Edie Windsor and Thea harm aquatic and public health, toxic MCCASKILL, MENENDEZ, MERKLEY, MI- Spyer—who met in 1963 and were to- sediments, and harmful algal blooms KULSKI, MURPHY, MURRAY, REED, SAND- gether for over 40 years. They married that kill fish, foul coastlines, and ERS, SCHATZ, SCHUMER, SHAHEEN, STA- in 2007. Yet when Thea died in 2009, threaten public health. The legislation BENOW, MARK UDALL, TOM UDALL, WAR- Edie was forced to pay over $360,000 in will also help the United States imple- REN, WHITEHOUSE, and WYDEN. estate taxes because of DOMA. Had her ment its commitment to the bi-na- I want to thank them for their strong spouse been a man, Edie would not tional 2012 Great Lakes Water Quality support of this legislation. I would also have had to pay those taxes. Agreement. We hope the Senate Com- like to thank Representative JERRY Even after the Court decision, which mittee on Environment and Public NADLER for his staunch leadership on hinged on a bare 5–4 majority, the Re- Works will promptly act on this impor- this issue in the House of Representa- spect for Marriage Act remains criti- tant legislation, as it did in 2010 when tives. cally important legislation, for several it approved similar legislation. Today, 12 States: Connecticut, Dela- reasons. ware, Iowa, Maine, Maryland, Massa- By Mrs. FEINSTEIN (for herself, chusetts, Minnesota, New Hampshire, First, DOMA is a discriminatory Ms. BALDWIN, Mr. BAUCUS, Mr. New York, Rhode Island, Vermont, law—all of it should be fully stricken BENNET, Mr. BLUMENTHAL, Mrs. Washington, and the District of Colum- from the books. It was wrong when it BOXER, Mr. BROWN, Ms. CANT- bia allow same-sex couples to marry. was passed, and it should be repealed. WELL, Mr. CARDIN, Mr. CARPER, Because of today’s decision in Hol- Second, even after the Windsor deci- Mr. CASEY, Mr. COONS, Mr. lingsworth v. Perry, which left, in ef- sion, there will remain inconsistencies COWAN, Mr. DURBIN, Mr. fect, a trial court order finding Propo- in how certain Federal programs are FRANKEN, Mrs. GILLIBRAND, Mr. sition 8 unconstitutional, my home administered. HARKIN, Mr. HEINRICH, Ms. State of California will soon once again For example, the Social Security Act HIRONO, Mr. KAINE, Mr. KING, recognize the freedom to marry for provides Survivors’ Benefits—which Ms. KLOBUCHAR, Mr. LEAHY, Mr. same-sex couples. I am thrilled about are critical for families after a spouse LEVIN, Mrs. MCCASKILL, Mr. that result. dies—based on the law of the state MENENDEZ, Mr. MERKLEY, Ms. According to the 2010 Census, there where the deceased spouse was domi- MIKULSKI, Mr. MURPHY, Mrs. are over 131,000 same-sex married cou- ciled at the time of death. MURRAY, Mr. REED, Mr. SAND- ples in this Nation—a number that is So, a married couple could live to- ERS, Mr. SCHATZ, Mr. SCHUMER, sure to grow. gether for 40 years, contribute equally Mrs. SHAHEEN, Ms. STABENOW, I think most Americans have come to to the system, and then be stripped of Mr. UDALL of Colorado, Mr. recognize that same-sex couples live what they have earned—just because UDALL of New Mexico, Ms. WAR- their lives like other married couples. they moved to another state for med- REN, Mr. WHITEHOUSE, and Mr. They raise children together. They ical reasons before one spouse passed. WYDEN): care for each other in good times and S. 1236. A bill to repeal the Defense of in bad. They take the same vows and That’s just not right. Marriage Act and ensure respect for make the same commitments as Veterans benefits are based on the State regulation of marriage; to the straight couples. law of the state where the parties re- Committee on the Judiciary. Simply put, they are families. Like sided at the time of the marriage, or Mrs. FEINSTEIN. Mr. President, I other families, they reap life’s joys and when the right to benefits accrued. rise today to reintroduce the Respect bear the brunt of life’s hardships to- So, different veterans benefits might for Marriage Act. gether. be granted or denied, depending on Today is an historic day. The Su- Until the Supreme Court’s decision where a couple lived at different times, preme Court issued two decisions that today in United States v. Windsor, without any rhyme or reason. That is are major victories for the cause of DOMA turned these families into sec- not fair to former servicemembers who equality for same-sex couples in this ond-class families. may have moved around as part of nation. Under over 1,100 Federal laws, DOMA their military service. In United States v. Windsor, the prohibited the Federal Government This bill is simple. It would strike all Court struck down Section 3 of the De- from recognizing the equal dignity and of DOMA, a discriminatory law, from fense of Marriage Act, or DOMA, which commitment of legally married same- the U.S. Code. denies the federal benefits and obliga- sex couples. tions of marriage to legally married These couples were barred from filing It would provide a clear rule that the same-sex couples. I was one of 14 mem- joint tax returns, forced to pay much Federal Government would recognize a bers of this body to vote against DOMA higher taxes on employer-provided marriage if that marriage is valid in in 1996, and I am pleased a major part health benefits, and stripped of protec- the State where it was entered into. of the law has been declared unconsti- tions for married couples from the es- This rule will provide clarity and pre- tutional. tate tax. dictability for legally married same- In Hollingsworth v. Perry, the Court They could not receive Social Secu- sex couples, and it will be easy to ad- left in place a trial court injunction rity survivor benefits, which protect a minister for federal agencies tasked finding Proposition 8 unconstitu- surviving spouse from becoming des- with ending DOMA in the programs tional—which will bring marriage titute when the other spouse passes they administer. equality back to my home State of away. The bill would not require any state California. Critical protections and benefits for to issue a marriage license it does not I am thrilled by these decisions, service members and veterans were wish to issue, nor would it require any which will mean a great deal for same- also denied. According to the religious institution to perform any sex couples in California and across the Servicemembers Legal Defense Net- marriage. Nation. work, well over 100 statutory protec- Our work, however, is not done. It re- tions granted by Congress to In 2011, after I first introduced this mains critical that Congress act to servicemembers turn on marital sta- bill, I gave a press conference about it fully repeal DOMA. That is what the tus. at the National Press Club. I said I was Respect for Marriage Act will do. Today’s decision in United States v. not faint-hearted about this, and that I This legislation is cosponsored by 40 Windsor is a major victory for equal- was in it for the long march. members of the Senate—Senators ity. It says that Section 3 of DOMA— Today, I remain committed to that BALDWIN, BAUCUS, BENNET, which denies Federal recognition to le- cause and determined to see it through. BLUMENTHAL, BOXER, BROWN, CANT- gally married same-sex couples—is un- Our work is not finished until DOMA is WELL, CARDIN, CARPER, CASEY, COONS, constitutional because it is a denial of fully off the books, which is what this COWAN, DURBIN, FRANKEN, GILLIBRAND, equal protection. bill will do.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5274 CONGRESSIONAL RECORD — SENATE June 26, 2013 SUBMITTED RESOLUTIONS proved to be worthy and honorable adver- SENATE RESOLUTION 189—REL- saries and also deserve recognition: Now, ATIVE TO THE DEATH OF THE therefore, be it HONORABLE WILLIAM DODD SENATE RESOLUTION 187—CON- Resolved, That the Senate— HATHAWAY, FORMER UNITED GRATULATING THE CHICAGO (1) congratulates the Chicago Blackhawks STATES SENATOR FOR THE BLACKHAWKS ON WINNING THE on winning the 2013 Stanley Cup; STATE OF MAINE 2013 STANLEY CUP (2) commends the fans, players, and man- agement of the Boston Bruins for allowing Mr. KING (for himself, Ms. COLLINS, Mr. DURBIN (for himself and Mr. the Chicago Blackhawks and the many sup- Mr. REID, Mr. MCCONNELL, Mr. ALEX- IRK K ) submitted the following resolu- porters of the Chicago Blackhawks to cele- ANDER, Ms. AYOTTE, Ms. BALDWIN, Mr. tion; which was considered and agreed brate at the TD Bank Garden; and BARRASSO, Mr. BAUCUS, Mr. BEGICH, to: (3) respectfully directs the Enrolling Clerk Mr. BENNET, Mr. BLUMENTHAL, Mr. of the Senate to transmit an official copy of S. RES. 187 BLUNT, Mr. BOOZMAN, Mrs. BOXER, Mr. Whereas, on June 24, 2013, the Chicago this resolution to— (A) the 2013 Chicago Blackhawks hockey BROWN, Mr. BURR, Ms. CANTWELL, Mr. Blackhawks hockey team won the Stanley CARDIN, Mr. CARPER, Mr. CASEY, Mr. Cup; organization; and CHAMBLISS, Mr. CHIESA, Mr. COATS, Mr. Whereas the 2013 Stanley Cup title is the (B) the Blackhawks owner Rocky Wirtz. first Stanley Cup title for the Blackhawks COBURN, Mr. COCHRAN, Mr. COONS, Mr. since 2010; f CORKER, Mr. CORNYN, Mr. COWAN, Mr. Whereas the Blackhawks joined the Na- CRAPO, Mr. CRUZ, Mr. DONNELLY, Mr. tional Hockey League in 1926 and have a rich DURBIN, Mr. ENZI, Mrs. FEINSTEIN, Mrs. SENATE RESOLUTION 188—RECOG- history in the league; FISCHER, Mr. FLAKE, Mr. FRANKEN, NIZING JUNE 30, 2013, AS THE Whereas the Blackhawks were 1 of the Mrs. GILLIBRAND, Mr. GRAHAM, Mr. original 6 teams in the National Hockey CENTENNIAL OF THE LINCOLN GRASSLEY, Mrs. HAGAN, Mr. HARKIN, League; HIGHWAY, THE FIRST TRANS- Mr. HATCH, Mr. HEINRICH, Ms. Whereas the Blackhawks have won 15 divi- CONTINENTAL HIGHWAY, WHICH HEITKAMP, Mr. HELLER, Ms. HIRONO, sional titles, and 3 conference championships ORGINALLY SPANNED 3,389 Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, in 1992, 2010, and 2013; MILES THROUGH 13 STATES, IN- Whereas the Blackhawks won the Stanley Mr. JOHANNS, Mr. JOHNSON of Wis- CLUDING THE GREAT STATE OF Cup in 1934, 1938, 1961, and 2010; consin, Mr. JOHNSON of South Dakota, NEBRASKA Whereas the Blackhawks posted a regular Mr. KAINE, Mr. KIRK, Ms. KLOBUCHAR, season record of 36–7–5, and won the Presi- Ms. LANDRIEU, Mr. LEAHY, Mr. LEE, Mr. dent’s Trophy for earning the most points in Mr. JOHANNS (for himself, Mrs. the ; FISCHER, and Mr. KIRK) submitted the LEVIN, Mr. MANCHIN, Mr. MCCAIN, Mrs. Whereas, during the playoffs, the following resolution; which was consid- MCCASKILL, Mr. MENENDEZ, Mr. Blackhawks defeated the Minnesota Wild in ered and agreed to: MERKLEY, Ms. MIKULSKI, Mr. MORAN, the conference quarterfinals, earning their Ms. MURKOWSKI, Mr. MURPHY, Mrs. S. RES. 188 first series win since their Stanley Cup win MURRAY, Mr. NELSON, Mr. PAUL, Mr. Whereas Carl G. Fisher, creator of the Lin- in 2010; PORTMAN, Mr. PRYOR, Mr. REED, Mr. coln Highway, believed this project would Whereas the Blackhawks outlasted the De- RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, troit Red Wings in a thrilling overtime win ‘‘stimulate as nothing else could the building Mr. RUBIO, Mr. SANDERS, Mr. SCHATZ, during game 7 of the conference semifinals; of enduring highways everywhere that will Whereas the Blackhawks advanced to the not only be a credit to the American people Mr. SCHUMER, Mr. SCOTT, Mr. SESSIONS, Stanley Cup finals with a 4–1 series win over but that will also mean much to American Mrs. SHAHEEN, Mr. SHELBY, Ms. STABE- the defending Stanley Cup champions, the agriculture and American commerce;’’ NOW, Mr. TESTER, Mr. THUNE, Mr. Los Angeles Kings, in the conference finals; Whereas, on October 31, 1913, this great TOOMEY, Mr. UDALL of Colorado, Mr. Whereas the Blackhawks won the Stanley highway became the first national memorial UDALL of New Mexico, Mr. VITTER, Mr. to the 16th President of the United States, Cup by scoring 2 goals in 17 seconds during WARNER, Ms. WARREN, Mr. WHITE- the final 2 minutes of game 6 to defeat the Abraham Lincoln; Whereas the Lincoln Highway brought eco- HOUSE, Mr. WICKER, and Mr. WYDEN) Boston Bruins and return the Stanley Cup submitted the following resolution; back to Chicago; nomic development, tourism, and adventure Whereas the Blackhawks won their 5th to every community it touched; which was considered and agreed to: Stanley Cup, tying the Edmonton Oilers at Whereas, on June 22, 2013, hundreds of mo- S. RES. 189 5th place on the franchise list for most titles torists will participate in the Lincoln High- Whereas William Dodd Hathaway served in won; way Centennial Auto Tour, which will start the Army Air Corps during World War II Whereas General Manager Stan Bowman, simultaneously from the bustling streets of from 1942 to 1946, during which time he was Head Coach Joel Quenneville, President John New York’s Time Square in the East and held as a prisoner of war for 2 months after F. McDonough, and owner Rocky Wirtz have from San Francisco’s serene Lincoln Park in being shot down over Romania; put together and led a great organization; the West; Whereas William Dodd Hathaway achieved Whereas all 27 active players, including Whereas a centennial celebration will take the rank of Captain and received a Decorated Bryan Bickell, Dave Bolland, Brandon place from June 30, 2013, through July 1, 2013, Air Medal, a Purple Heart, a Presidential ci- Bollig, Daniel Carcillo, Michael Frolik, Mi- when Lincoln Highway tour motorists will tation, and a Prisoner of War Medal for his chael Handzus, Marian Hossa, Patrick Kane, join at the central meeting place of Kearney, military service; Marcus Kruger, Jamal Mayers, Brandon Nebraska, which is precisely 1,733 miles from Whereas, following his military service, Saad, Patrick Sharp, Andrew Shaw, Ben both the Atlantic and the Pacific coasts; William Dodd Hathaway graduated from Smith, Viktor Stalberg, Jonathan Toews, Whereas the Lincoln Highway served as a Harvard University in 1949 and Harvard Law Sheldon Brookbank, Niklas Hjalmarsson, model and an inspiration for President School in 1953; Duncan Keith, Nick Leddy, , Dwight D. Eisenhower’s grand initiative for Whereas William Dodd Hathaway began his Michal Rozsival, Brent Seabrook, Ryan a national highway system to connect every legal career in the State of Maine, working Stanton, Corey Crawford, Ray Emery, and person in the United States; and in both private practice and government Henrik Karlsson, whose shared goal was to Whereas the Lincoln Highway, more affec- service; win the Stanley Cup, collectively contrib- tionately known as ‘‘America’s Main Whereas William Dodd Hathaway was first uted to a victorious season; Street’’, will continue to be a symbol of elected to the United States House of Rep- Whereas the 2013 Blackhawks players fol- Americana and the sense of freedom that resentatives in 1964 and served 4 terms as a low in the footsteps of the great players in comes from driving on the open road: Now, Representative from the State of Maine be- the Blackhawks history who have had their therefore, be it fore running for the United States Senate in numbers retired, including Glenn Hall (#1), Resolved, That the Senate— 1972; Keith Magnuson (#3), Pierre Pilote (#3), (1) recognizes June 30, 2013, as the centen- Whereas, as a Senator, William Dodd Bobby Hull (#9), Denis Savard (#18), Stan nial of the Lincoln Highway; Hathaway served on the Committee on Agri- Mikita (#21), and Tony Esposito (#35); (2) commemorates the important role that culture and Forestry, the Committee on Whereas the Stanley Cup returns to the the Lincoln Highway has played in signifi- Banking, Housing, and Urban Affairs, the City of Chicago and gives fans across the cant historical and cultural events in the Committee on Labor and Public Welfare, the State of Illinois a chance to celebrate cham- United States; and Committee on Finance, the Select Com- pionship hockey twice in the last 4 seasons; (3) recognizes the economic growth, mod- mittee on Small Business, and the Select and ernization in infrastructure, and rural devel- Committee on Intelligence of the Senate; Whereas the Minnesota Wild, Detroit Red opment that resulted from the Lincoln High- Whereas, as Chairman of the Sub- Wings, Los Angeles Kings, and Boston Bruins way. committee on Alcoholism and Drug Abuse of

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5275 the Committee on Labor and Public Welfare, to be proposed to the bill S. 744, supra; which tended to be proposed by him to the William Dodd Hathaway crafted numerous was ordered to lie on the table. bill S. 744, to provide for comprehen- legislative measures that addressed health SA 1731. Mr. REID submitted an amend- sive immigration reform and for other problems related to substance abuse and ment intended to be proposed to amendment purposes; which was ordered to lie on worked to ensure that the Federal and State SA 1664 submitted by Mr. REID and intended governments responded effectively to those to be proposed to the bill S. 744, supra; which the table; as follows: problems; was ordered to lie on the table. At the appropriate place, insert the fol- Whereas, in 1978, William Dodd Hathaway SA 1732. Mr. REID submitted an amend- lowing: was recognized by Majority Leader Robert C. ment intended to be proposed to amendment SEC. ll. DISALLOWANCE OF EARNED INCOME Byrd for his efforts to address health prob- SA 1664 submitted by Mr. REID and intended TAX CREDIT FOR REGISTERED PRO- lems related to substance abuse; and to be proposed to the bill S. 744, supra; which VISIONAL IMMIGRANTS. (a) IN GENERAL.—Subparagraph (D) of sec- Whereas, following his service as a Sen- was ordered to lie on the table. tion 32(c)(1) of the Internal Revenue Code of ator, William Dodd Hathaway resumed the SA 1733. Ms. LANDRIEU (for herself, Ms. 1986 is amended to read as follows: private practice of law in Washington, D.C., HIRONO, and Mr. FRANKEN) submitted an ‘‘(D) LIMITATION ON ELIGIBILITY OF CERTAIN until President George H.W. Bush appointed amendment intended to be proposed to ALIENS.— him to the Federal Maritime Commission in amendment SA 1406 submitted by Ms. LAN- ‘‘(i) REGISTERED PROVISIONAL IMMIGRANT 1990: Now, therefore, be it DRIEU and intended to be proposed to the bill STATUS.—The term ‘eligible individual’ shall Resolved, That— S. 744, supra; which was ordered to lie on the not include an individual who is in registered (1) the Senate has heard with profound sor- table. provisional immigrant status under section row and deep regret the announcement of the SA 1734. Ms. LANDRIEU (for herself and 245B of the Immigration and Nationality Act death of the Honorable William Dodd Hatha- Mr. KIRK) submitted an amendment intended during any portion of the taxable year. way, former member of the United States to be proposed to amendment SA 1406 sub- ‘‘(ii) NONRESIDENT ALIENS.—The term ‘eli- Senate; mitted by Ms. LANDRIEU and intended to be gible individual’ shall not include any indi- (2) when the Senate adjourns today, it proposed to the bill S. 744, supra; which was vidual who is a nonresident alien individual stands adjourned as a further mark of re- ordered to lie on the table. for any portion of the taxable year unless spect to the memory of the Honorable Wil- SA 1735. Ms. LANDRIEU (for herself, Mrs. such individual is treated for such taxable liam Dodd Hathaway; and SHAHEEN, Mr. FRANKEN, and Mr. COATS) sub- year as a resident of the United States for (3) the Senate respectfully requests the mitted an amendment intended to be pro- purposes of this chapter by reason of an elec- Secretary of the Senate— posed to amendment SA 1406 submitted by tion under subsection (g) or (h) of section (A) to communicate this resolution to the Ms. LANDRIEU and intended to be proposed to 6013.’’. House of Representatives; and the bill S. 744, supra; which was ordered to (b) EFFECTIVE DATE.—The amendment (B) to transmit an enrolled copy of this lie on the table. made by this section shall apply to taxable resolution to the family of the Honorable SA 1736. Ms. LANDRIEU submitted an years beginning after December 31, 2013. William Dodd Hathaway. amendment intended to be proposed to f amendment SA 1406 submitted by Ms. LAN- SA 1725. Mr. JOHNSON of Wisconsin DRIEU and intended to be proposed to the bill (for himself and Mr. COBURN) submitted AMENDMENTS SUBMITTED AND S. 744, supra; which was ordered to lie on the an amendment intended to be proposed PROPOSED table. SA 1737. Ms. LANDRIEU (for herself and by him to the bill S. 744, to provide for SA 1721. Mr. REID submitted an amend- Mr. COCHRAN) submitted an amendment in- comprehensive immigration reform ment intended to be proposed by him to the tended to be proposed to amendment SA 1406 and for other purposes; which was or- bill S. 744, to provide for comprehensive im- submitted by Ms. LANDRIEU and intended to dered to lie on the table; as follows: migration reform and for other purposes; be proposed to the bill S. 744, supra; which which was ordered to lie on the table. At the appropriate place, insert the fol- was ordered to lie on the table. SA 1722. Mr. REID submitted an amend- lowing: SA 1738. Ms. LANDRIEU (for herself, Mr. ment intended to be proposed by him to the SEC. ll. APPLICATION PERIOD FOR REG- CARPER, Mr. BEGICH, and Ms. MURKOWSKI) bill S. 744, supra; which was ordered to lie on ISTERED PROVISIONAL IMMIGRANT submitted an amendment intended to be pro- STATUS. the table. posed to amendment SA 1406 submitted by Notwithstanding paragraph (3) of section SA 1723. Mr. REID submitted an amend- Ms. LANDRIEU and intended to be proposed to 245B(c) of the Immigration and Nationality ment intended to be proposed by him to the the bill S. 744, supra; which was ordered to Act, as added by section 2101(a), the Sec- bill S. 744, supra; which was ordered to lie on lie on the table. retary may only accept applications for reg- the table. istered provisional immigrant status from f SA 1724. Mr. JOHNSON of Wisconsin (for aliens in the United States during the 1-year himself, Mr. COBURN, and Mr. VITTER) sub- TEXT OF AMENDMENTS period beginning on the date on which the mitted an amendment intended to be pro- Mr. REID submitted an final rule is published in the Federal Reg- posed by him to the bill S. 744, supra; which SA 1721. ister pursuant to paragraph (1) of such sec- was ordered to lie on the table. amendment intended to be proposed by tion 245B(c). SA 1725. Mr. JOHNSON of Wisconsin (for him to the bill S. 744, to provide for himself and Mr. COBURN) submitted an comprehensive immigration reform SA 1726. Mr. PORTMAN (for himself amendment intended to be proposed by him and for other purposes; which was or- and Mr. TESTER) submitted an amend- to the bill S. 744, supra; which was ordered to dered to lie on the table; as follows: ment intended to be proposed to lie on the table. SA 1726. Mr. PORTMAN (for himself and In the amendment, strike ‘‘3 days’’ and in- amendment SA 1320 proposed by Mr. Mr. TESTER) submitted an amendment in- sert ‘‘10 days’’. CRUZ to the bill S. 744, to provide for tended to be proposed to amendment SA 1320 comprehensive immigration reform proposed by Mr. CRUZ to the bill S. 744, SA 1722. Mr. REID submitted an and for other purposes; which was or- supra; which was ordered to lie on the table. amendment intended to be proposed by dered to lie on the table; as follows: SA 1727. Mr. PORTMAN (for himself and him to the bill S. 744, to provide for At the appropriate place, insert the fol- Mr. TESTER) submitted an amendment in- comprehensive immigration reform lowing: tended to be proposed to amendment SA 1224 and for other purposes; which was or- SEC. lll. EMPLOYMENT VERIFICATION SYSTEM proposed by Mr. REED to the bill S. 744, dered to lie on the table; as follows: IMPROVEMENTS. supra; which was ordered to lie on the table. (a) TRIGGER.—In addition to the conditions SA 1728. Mr. PORTMAN (for himself and In the amendment, strike ‘‘3 days’’ and in- set forth in section 3(c)(2)(A), the Secretary Mr. TESTER) submitted an amendment in- sert ‘‘11 days’’. may not adjust the status of aliens who have tended to be proposed to amendment SA 1240 been granted registered provisional immi- proposed by Mrs. BOXER (for herself and Ms. SA 1723. Mr. REID submitted an grant status, except for aliens granted blue LANDRIEU) to the bill S. 744, supra; which was amendment intended to be proposed by card status under section 2201 of this Act or ordered to lie on the table. him to the bill S. 744, to provide for described in section 245D(b) of the Immigra- SA 1729. Ms. COLLINS (for herself and Mr. comprehensive immigration reform tion and Nationality Act, unless the Sec- KING) submitted an amendment intended to and for other purposes; which was or- retary, after consultation with the Comp- be proposed to amendment SA 1705 sub- dered to lie on the table; as follows: troller General of the United States, and as mitted by Ms. COLLINS (for herself and Mr. part of the written certification submitted KING) and intended to be proposed to the bill In the amendment, strike ‘‘3 days’’ and in- to the President and Congress pursuant to S. 744, supra; which was ordered to lie on the sert ‘‘12 days’’. section 3(c)(2)(A), certifies that the Sec- table. retary has implemented the mandatory em- SA 1730. Mr. REID submitted an amend- SA 1724. Mr. JOHNSON of Wisconsin ployment verification system, including the ment intended to be proposed to amendment (for himself, Mr. COBURN, and Mr. VIT- full incorporation of the photo tool and addi- SA 1664 submitted by Mr. REID and intended TER) submitted an amendment in- tional security measures, required by section

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5276 CONGRESSIONAL RECORD — SENATE June 26, 2013 274A of the Immigration and Nationality Act lidity of passports, and for other purposes, by a parent or legal guardian under (8 U.S.C. 1324a), as amended by section 3101, approved July 3, 1926 (22 U.S.C. 211a). of perjury. and has required the system’s use by all em- ‘‘(ii) A document issued to an alien evi- ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT ployers to prevent unauthorized workers dencing that the alien is lawfully admitted AUTHORIZATION.—A document is specified in from obtaining employment in the United for permanent residence or another docu- this subparagraph if the document is unex- States. ment issued to an individual evidencing the pired (unless the validity of the document is (b) EMPLOYMENT VERIFICATION SYSTEM.— individual’s employment authorized status, extended by law) and is 1 of the following: Section 274A (8 U.S.C. 1324a), as amended by as designated by the Secretary, if the docu- ‘‘(i) A social security account number card section 3101, is further amended— ment— issued by the Commissioner, other than a (1) in subsection (a)(5)(A)(ii), by inserting ‘‘(I) contains a photograph of the indi- card which specifies on its face that the card ‘‘, by clear and convincing evidence,’’ after vidual, or such other personal identifying in- is not valid to evidence employment author- demonstrates; and formation relating to the individual as the ized status or has other similar words of lim- (2) by striking subsections (c) and (d) and Secretary determines, by regulation, to be itation. inserting the following: sufficient for the purposes of this subpara- ‘‘(ii) Any other documentation evidencing ‘‘(c) DOCUMENT VERIFICATION REQUIRE- graph; MENTS.—Any employer hiring an individual employment authorized status that the Sec- ‘‘(II) is evidence of employment authorized retary determines and publishes in the Fed- for employment in the United States shall status; and comply with the following requirements and eral Register and through appropriate notice ‘‘(III) contains security features to make directly to employers registered within the the requirements under subsection (d) to the document resistant to tampering, coun- System to be acceptable for purposes of this verify that the individual has employment terfeiting, and fraudulent use. subparagraph if such documentation, includ- authorized status. ‘‘(iii) An enhanced driver’s license or iden- ing any electronic security measures linked ‘‘(1) ATTESTATION AFTER EXAMINATION OF tification card issued to a national of the to such documentation, contains security DOCUMENTATION.— United States by a State, an outlying posses- features to make such documentation resist- ‘‘(A) IN GENERAL.— sion of the United States, or a federally rec- ant to tampering, counterfeiting, and fraud- ‘‘(i) EXAMINATION BY EMPLOYER.—An em- ognized Indian tribe that— ulent use. ployer shall attest, under penalty of perjury ‘‘(I) meets the requirements under section on a form prescribed by the Secretary, that 202 of the REAL ID Act of 2005 (division B of ‘‘(F) IDENTITY AUTHENTICATION MECHA- the employer has verified the identity and Public Law 109–13; 49 U.S.C. 30301 note); and NISM.— employment authorization status of the indi- ‘‘(II) the Secretary has certified by notice ‘‘(i) DEFINITIONS.—In this subparagraph: vidual— published in the Federal Register and ‘‘(I) COVERED IDENTITY DOCUMENT.—The ‘‘(I) by examining— through appropriate notice directly to em- term ‘covered identity document’ means a ‘‘(aa) a document specified in subparagraph ployers registered in the System 3 months valid— (C); or prior to publication that such enhanced li- ‘‘(aa) United States passport, passport ‘‘(bb) a document specified in subparagraph cense or card is suitable for use under this card, or a document evidencing lawful per- (D) and a document specified in subpara- subparagraph based upon the accuracy and manent residence status or employment au- graph (E); and security of the issuance process, security thorized status issued to an alien; ‘‘(II) by utilizing an identity authentica- features on the document, and such other ‘‘(bb) enhanced driver’s license or identity tion mechanism described in clause (iii) or factors as the Secretary may prescribe. card issued by a participating State or an (iv) of subparagraph (F). ‘‘(iv) A passport issued by the appropriate outlying possession of the United States; or ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- authority of a foreign country accompanied ‘‘(cc) photograph and appropriate identi- retary shall publish a picture of each docu- by a Form I–94 or Form I–94A (or similar suc- fying information provided by the Secretary ment specified in subparagraphs (C) and (E) cessor record), or other documentation as of State pursuant to the granting of a visa. on the U.S. Citizenship and Immigration designated by the Secretary that specifies ‘‘(II) PARTICIPATING STATE.—The term ‘par- Services website. the individual’s status in the United States ticipating State’ means a State that has an ‘‘(B) REQUIREMENTS.— and the duration of such status if the pro- agreement with the Secretary to provide the ‘‘(i) FORM.—The form referred to in sub- posed employment is not in conflict with any Secretary, for purposes of identity paragraph (A)(i)— restriction or limitation specified on such verification in the System, with photographs ‘‘(I) shall be prescribed by the Secretary form or documentation. and appropriate identifying information not later than 6 months after the date of the ‘‘(v) A passport issued by the Federated maintained by the State. enactment of the Border Security, Economic States of Micronesia or the Republic of the ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- Opportunity, and Immigration Moderniza- Marshall Islands with evidence of non- TICATION.—In addition to verifying the docu- tion Act; immigrant admission to the United States ments specified in subparagraph (C), (D), or ‘‘(II) shall be available as— under the Compact of Free Association be- (E), the System shall require each employer ‘‘(aa) a paper form; tween the United States and the Federated to verify the identity of each new hire using ‘‘(bb) a form that may be completed by an States of Micronesia or the Republic of the the identity authentication mechanism de- employer via telephone or video conference; Marshall Islands. scribed in clause (iii) or, for an individual ‘‘(cc) an electronic form; and ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF whose identity is not able to be verified ‘‘(dd) a form that is integrated electroni- INDIVIDUAL.—A document is specified in this using that mechanism, to use the additional cally with the requirements under subpara- subparagraph if the document is unexpired security measures provided in clause (iv) graph (F) and subsection (d). (unless the validity of the document is ex- after such measures become available. A fail- ‘‘(ii) ATTESTATION.—Each such form shall tended by law) and is 1 of the following: ure of the System to verify the identity of an require the employer to sign an attestation ‘‘(i) A driver’s license or identity card that individual due to the use of an identity au- with a handwritten, electronic, or digital is not described in subparagraph (C)(iii) and thentication mechanism shall result in a fur- signature, according to standards prescribed is issued to an individual by a State or an ther action notice under subsection by the Secretary. outlying possession of the United States, a (d)(4)(C)(iii). ‘‘(iii) COMPLIANCE.—An employer has com- federally recognized Indian tribe, or an agen- ‘‘(iii) PHOTO TOOL.— plied with the requirements under this para- cy (including military) of the Federal Gov- ‘‘(I) USE REQUIREMENT.—An employer that graph with respect to examination of the ernment if the driver’s license or identity hires an individual who has a presented a documents included in subclauses (I) and (II) card includes, at a minimum— covered identity document to establish his of subparagraph (A)(i) if— ‘‘(I) the individual’s photograph, name, or her identity and employment authoriza- ‘‘(I) the employer has, in good faith, fol- date of birth, gender, and driver’s license or tion under subsection (c) shall verify the lowed applicable regulations and any written identification card number; and identity of such individual using the photo procedures or instructions provided by the ‘‘(II) security features to make the license tool described in subclause (II). Secretary; and or card resistant to tampering, counter- ‘‘(II) DEVELOPMENT REQUIREMENT.—The ‘‘(II) a reasonable person would conclude feiting, and fraudulent use. Secretary shall develop and maintain a that the documentation is genuine and re- ‘‘(ii) A voter registration card. photo tool that enables employers to match lates to the individual presenting such docu- ‘‘(iii) A document that complies with the the photo on a covered identity document mentation. requirements under section 7209(b)(1) of the provided to the employer to a photo main- ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY Intelligence Reform and Terrorism Preven- tained by a U.S. Citizenship and Immigra- AND EMPLOYMENT AUTHORIZED STATUS.—A tion Act of 2004 (Public Law 108–458; 8 U.S.C. tion Services or other appropriate database. document is specified in this subparagraph if 1185 note). ‘‘(III) INDIVIDUAL QUERIES.—The photo tool the document is unexpired (unless the valid- ‘‘(iv) For individuals under 18 years of age capability shall be incorporated into the ity of the document is extended by law) and who are unable to present a document listed System and made available to employers not is 1 of the following: in clause (i) or (ii), documentation of per- later than 1 year after the date on which reg- ‘‘(i) A United States passport or passport sonal identity of such other type as the Sec- ulations are published implementing sub- card issued to an individual pursuant to the retary determines will provide a reliable section (d). Secretary of State’s authority under the Act means of identification, which may include ‘‘(IV) LIMITATIONS ON USE OF INFORMA- entitled An Act to regulate the issue and va- an attestation as to the individual’s identity TION.—Information and images acquired from

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5277 State motor vehicle databases through the ‘‘(ii) shall directly notify all employers color, religion, sex, national origin, or, un- photo tool developed under subclause (II)— registered within the System of the prohibi- less specifically permitted in this section, to ‘‘(aa) may only be used for matching tion through appropriate means. citizenship status. photos to a covered identity document for ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN ‘‘(7) RECEIPTS.—The Secretary may author- the purposes of employment verification; DOCUMENTS.—If the Secretary has deter- ize the use of receipts for replacement docu- ‘‘(bb) shall not be collected or stored by mined that another document or class of ments, and temporary evidence of employ- the Federal Government; and documents, such as a document issued by a ment authorization by an individual to meet ‘‘(cc) may only be disseminated in response federally recognized Indian tribe, may be a documentation requirement under this to an individual photo tool query. used to reliably establish identity or em- subsection on a temporary basis not to ex- ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ployment authorized status, the Secretary— ceed 1 year, after which time the individual ‘‘(I) USE REQUIREMENT.—An employer seek- ‘‘(i) may allow the use of that document or shall provide documentation sufficient to ing to hire an individual whose identity is class of documents for purposes of this sub- satisfy the documentation requirements not able to be verified using the photo tool section after publication in the Federal Reg- under this subsection. described in clause (iii), because the em- ister and an opportunity for public comment; ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- ployee did not present a covered document ‘‘(ii) shall publish a description of any such FICATION CARDS.—Nothing in this section for employment eligibility verification pur- document or class of documents on the U.S. may be construed to directly or indirectly poses, shall verify the identity of such indi- Citizenship and Immigration Services authorize the issuance, use, or establishment vidual using the additional security meas- website; and of a national identification card. ‘‘(iii) shall directly notify all employers ures described in subclause (II). ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— registered within the System of the addition ‘‘(II) DEVELOPMENT REQUIREMENT.—The ‘‘(1) IN GENERAL.— through appropriate means. Secretary shall develop, after publication in ‘‘(A) ESTABLISHMENT.—The Secretary, in ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- the Federal Register and an opportunity for consultation with the Commissioner, shall MENT AUTHORIZATION.—An individual, upon public comment, specific and effective addi- establish the Employment Verification Sys- commencing employment with an employer, tional security measures to adequately tem. shall— ONITORING.—The Secretary shall cre- verify the identity of an individual whose ‘‘(A) attest, under penalty of perjury, on ‘‘(B) M identity is not able to be verified using the the form prescribed by the Secretary, that ate the necessary processes to monitor— photo tool described in clause (iii). Such ad- the individual is— ‘‘(i) the functioning of the System, includ- ditional security measures— ‘‘(i) a citizen of the United States; ing the volume of the workflow, the speed of ‘‘(aa) shall be kept up-to-date with techno- ‘‘(ii) an alien lawfully admitted for perma- processing of queries, the speed and accuracy logical advances; nent residence; of responses; ‘‘(bb) shall provide a means of identity au- ‘‘(iii) an alien who has employment author- ‘‘(ii) the misuse of the System, including thentication in a manner that provides a ized status; or the prevention of fraud or identity theft; high level of certainty as to the identity of ‘‘(iv) otherwise authorized by the Sec- ‘‘(iii) whether the use of the System re- such individual, using immigration and iden- retary to be hired for such employment; sults in wrongful adverse actions or discrimi- tifying information that may include review ‘‘(B) provide such attestation by a hand- nation based upon a prohibited factor of identity documents or background screen- written, electronic, or digital signature; and against citizens or nationals of the United ing verification techniques using publicly ‘‘(C) provide the individual’s social secu- States or individuals who have employment available information; and rity account number to the Secretary, unless authorized status; and ‘‘(cc) shall be incorporated into the System the individual has not yet been issued such a ‘‘(iv) the security, integrity, and privacy of and made available to employers not later number, on such form as the Secretary may the System. than 1 year after the date on which regula- require. ‘‘(C) PROCEDURES.—The Secretary— tions are published implementing subsection ‘‘(3) RETENTION OF VERIFICATION RECORD.— ‘‘(i) shall create processes to provide an in- (d). ‘‘(A) IN GENERAL.—After completing a form dividual with direct access to the individ- ‘‘(III) COMPREHENSIVE USE.—An employer for an individual in accordance with para- ual’s case history in the System, including— may employ the additional security meas- graphs (1) and (2), the employer shall retain ‘‘(I) the identities of all persons or entities ures set forth in this clause with respect to a version of such completed form and make that have queried the individual through the all individuals the employer hires if the em- such form available for inspection by the System; ployer notifies the Secretary of such election Secretary or the Office of Special Counsel for ‘‘(II) the date of each such query; and at the time the employer registers for use of Immigration-Related Unfair Employment ‘‘(III) the System response for each such the System under subsection (d)(4)(A)(i) or Practices of the Department of Justice dur- query; and anytime thereafter. An election under this ing the period beginning on the hiring date ‘‘(ii) in consultation with the Commis- subclause may be withdrawn 90 days after of the individual and ending on the later of— sioner, shall develop— the employer notifies the Secretary of the ‘‘(i) the date that is 3 years after such hir- ‘‘(I) protocols to notify an individual, in a employer’s intent to discontinue such elec- ing date; or timely manner through the use of electronic tion. ‘‘(ii) the date that is 1 year after the date correspondence or mail, that a query for the ‘‘(v) AUTOMATED VERIFICATION.—The Sec- on which the individual’s employment with individual has been processed through the retary— the employer is terminated. System; or ‘‘(I) may establish a program, in addition ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- ‘‘(II) a process for the individual to submit to the identity authentication mechanism TION.—The Secretary— additional queries to the System or notify described in subparagraph (F)(iii), in which ‘‘(i) shall permit an employer to retain the the Secretary of potential identity fraud. the System automatically verifies informa- form described in subparagraph (A) in elec- ‘‘(2) PARTICIPATION REQUIREMENTS.— tion contained in a covered identity docu- tronic form; and ‘‘(A) FEDERAL GOVERNMENT.—Except as ment issued by a participating State, which ‘‘(ii) shall permit an employer to retain provided in subparagraph (B), all agencies is presented under subparagraph (D)(i), in- such form in paper, microfiche, microfilm, and departments in the executive, legisla- cluding information needed to verify that portable document format, or other media. tive, or judicial branches of the Federal Gov- the covered identity document matches the ‘‘(4) COPYING OF DOCUMENTATION AND REC- ernment shall participate in the System be- State’s records; ORDKEEPING.—The Secretary may promul- ginning on the earlier of— ‘‘(II) may not maintain information pro- gate regulations regarding— ‘‘(i) the date of the enactment of the Bor- vided by a participating State in a database ‘‘(A) copying documents and related infor- der Security, Economic Opportunity, and maintained by U.S. Citizenship and Immi- mation pertaining to employment Immigration Modernization Act, to the ex- gration Services; and verification presented by an individual under tent required under section 402(e)(1) of the Il- ‘‘(III) may not utilize or disclose such in- this subsection; and legal Immigration Reform and Immigrant formation, except as authorized under this ‘‘(B) retaining such information during a Responsibility Act of 1996 (division C of Pub- section. period not to exceed the required retention lic Law 104–208; 8 U.S.C. 1324a) and as already ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- period set forth in paragraph (3). implemented by each agency or department; TAIN DOCUMENTS.—If the Secretary deter- ‘‘(5) PENALTIES.—An employer that fails to or mines, after publication in the Federal Reg- comply with any requirement under this sub- ‘‘(ii) the date that is 90 days after the date ister and an opportunity for public comment, section may be penalized under subsection of the enactment of the Border Security, that any document or class of documents (e)(4)(B). Economic Opportunity, and Immigration specified in subparagraph (B), (C), or (D) does ‘‘(6) PROTECTION OF CIVIL RIGHTS.— Modernization Act. not reliably establish identity or that em- ‘‘(A) IN GENERAL.—Nothing in this section ‘‘(B) FEDERAL CONTRACTORS.—Federal con- ployment authorized status is being used may be construed to diminish any rights tractors shall participate in the System as fraudulently to an unacceptable degree, the otherwise protected by Federal law. provided in the final rule relating to employ- Secretary— ‘‘(B) PROHIBITION ON DISCRIMINATION.—An ment eligibility verification published in the ‘‘(i) may prohibit or restrict the use of employer shall use the procedures for docu- Federal Register on November 14, 2008 (73 such document or class of documents for pur- ment verification set forth in this paragraph Fed. Reg. 67,651), or any similar subsequent poses of this subsection; and for all employees without regard to race, regulation, for which purpose references to

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E-Verify in the final rule shall be construed ‘‘(i) ORDERS FINDING VIOLATIONS.—An order the United States or an alien who has em- to apply to the System. finding any employer to have violated this ployment authorized status. ‘‘(C) CRITICAL INFRASTRUCTURE.— section or section 274C may, in the Sec- ‘‘(v) PROVISION OF ADDITIONAL INFORMA- ‘‘(i) IN GENERAL.—Beginning on the date retary’s discretion, require the employer to TION.—The employer shall obtain from the that is 1 year after the date on which regula- participate in the System with respect to individual (and the individual shall provide) tions are published implementing this sub- newly hired employees and employees with and shall record in such manner as the Sec- section, the Secretary may authorize or di- expiring temporary employment authoriza- retary may specify— rect any employer, person, or entity respon- tion documents, if such employer is not oth- ‘‘(I) the individual’s social security ac- sible for granting access to, protecting, se- erwise required to participate in the System count number; curing, operating, administering, or regu- under this section. The Secretary shall mon- ‘‘(II) if the individual does not attest to lating part of the critical infrastructure (as itor such employer’s compliance with Sys- United States citizenship or status as a na- defined in section 1016(e) of the Critical In- tem procedures. tional of the United States under subsection frastructure Protection Act of 2001 (42 U.S.C. ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— (c)(2), such identification or authorization 5195c(e))) to participate in the System to the The Secretary may require an employer that number established by the Department as extent the Secretary determines that such is required to participate in the System with the Secretary shall specify; and participation will assist in the protection of respect to newly hired employees to partici- ‘‘(III) such other information as the Sec- the critical infrastructure. pate in the System with respect to the em- retary may require to determine the identity and employment authorization of an indi- ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The ployer’s current employees if the employer is vidual. Secretary shall notify an employer required determined by the Secretary or other appro- ‘‘(vi) PRESENTATION OF DOCUMENTATION.— to participate in the System under this sub- priate authority to have engaged in a pat- The employer, and the individual whose paragraph not later than 90 days before the tern or practice of violations of the immigra- identity and employment authorized status date on which the employer is required to tion laws of the United States. are being confirmed, shall fulfill the require- participate. ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- ments under subsection (c). ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- retary may permit any employer that is not ‘‘(B) SEEKING CONFIRMATION.— PLOYEES.—Not later than 1 year after regula- required to participate in the System under ‘‘(i) IN GENERAL.—An employer shall use tions are published implementing this sub- this section to do so on a voluntary basis. the System to confirm the identity and em- section, all employers with more than 10,000 ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ployment authorized status of any individual employees shall participate in the System PATE.— during— with respect to all newly hired employees ‘‘(A) IN GENERAL.—Except as provided in ‘‘(I) the period beginning on the date on and employees with expiring temporary em- subparagraph (B), the failure, other than a which the individual accepts an offer of em- ployment authorization documents. de minimis or inadvertent failure, of an em- ployment and ending 3 business days after ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- ployer that is required to participate in the the date on which employment begins; or PLOYEES.—Not later than 2 years after regu- System to comply with the requirements of ‘‘(II) such other reasonable period as the lations are published implementing this sub- the System with respect to an individual— Secretary may prescribe. section, all employers with more than 500 ‘‘(i) shall be treated as a violation of sub- ‘‘(ii) LIMITATION.—An employer may not employees shall participate in the System section (a)(1)(B) with respect to that indi- make the starting date of an individual’s em- with respect to all newly hired employees vidual; and ployment or training or any other term and and employees with expiring temporary em- ‘‘(ii) creates a rebuttable presumption that condition of employment dependent on the ployment authorization documents. the employer has violated paragraph (1)(A) receipt of a confirmation of identity and em- ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- or (2) of subsection (a). ployment authorized status by the System. PLOYEES.—Not later than 3 years after regu- ‘‘(B) EXCEPTION.— ‘‘(iii) REVERIFICATION.—If an individual has lations are published implementing this sub- ‘‘(i) IN GENERAL.—Subparagraph (A) shall a limited period of employment authorized section, all employers with more than 20 em- not apply in a criminal prosecution. status, the individual’s employer shall ployees shall participate in the System with ‘‘(ii) USE AS EVIDENCE.—Nothing in this reverify such status through the System not respect to all newly hired employees and em- paragraph may be construed to limit the use later than 3 business days after the last day ployees with expiring temporary employ- in the prosecution of a Federal crime, in a of such period. ment authorization documents. manner otherwise consistent with Federal ‘‘(iv) OTHER EMPLOYMENT.—For employers ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not criminal law and procedure, of evidence re- directed by the Secretary to participate in later than 4 years after regulations are pub- lating to the employer’s failure to comply the System under paragraph (2)(C)(i) to pro- lished implementing this subsection, em- with requirements of the System. tect critical infrastructure or otherwise ployers of employees performing agricultural ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE specified circumstances in this section to employment (as defined in section 218A of SYSTEM.— verify their entire workforce, the System this Act and section 2202 of the Border Secu- ‘‘(A) IN GENERAL.—An employer partici- may be used for initial verification of an in- rity, Economic Opportunity, and Immigra- pating in the System shall register such par- dividual who was hired before the employer tion Modernization Act) shall participate in ticipation with the Secretary and, when hir- became subject to the System, and the em- the System with respect to all newly hired ing any individual for employment in the ployer shall initiate all required procedures employees and employees with expiring tem- United States, shall comply with the fol- on or before such date as the Secretary shall porary employment authorization docu- lowing: specify. ments. An agricultural employee shall not be ‘‘(i) REGISTRATION OF EMPLOYERS.—The ‘‘(v) NOTIFICATION.— counted for purposes of subparagraph (D), Secretary, through notice in the Federal ‘‘(I) IN GENERAL.—The Secretary shall pro- (E), or (F). Register, shall prescribe procedures that em- vide, and the employer shall utilize, as part ‘‘(H) ALL EMPLOYERS.—Not later than 4 ployers shall be required to follow to register of the System, a method of notifying em- years after regulations are published imple- with the System. ployers of a confirmation or nonconfirma- menting this subsection, all employers shall ‘‘(ii) UPDATING INFORMATION.—The em- tion of an individual’s identity and employ- participate in the System with respect to all ployer is responsible for providing notice of ment authorized status, or a notice that fur- newly hired employees and employees with any change to the information required ther action is required to verify such iden- expiring temporary employment authoriza- under subclauses (I), (II), and (III) of clause tity or employment eligibility (referred to in tion documents. (v) before conducting any further inquiries this subsection as a further action notice). ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— within the System, or on such other schedule ‘‘(II) PROCEDURES.—The Secretary shall— ‘‘(i) RULEMAKING.—In developing regula- as the Secretary may prescribe. ‘‘(aa) directly notify the individual and the tions to implement this subsection, the Sec- ‘‘(iii) TRAINING.—The Secretary shall re- employer, by means of electronic cor- retary shall— quire employers to undergo such training as respondence, mail, text message, telephone, ‘‘(I) consider the effects of this section on the Secretary determines to be necessary to or other direct communication, of a noncon- federally recognized Indian tribes and tribal ensure proper use, protection of civil rights firmation or further action notice; members; and and civil liberties, privacy, integrity, and se- ‘‘(bb) provide information about filing an ‘‘(II) consult with the governments of fed- curity of the System. To the extent prac- administrative appeal under paragraph (6) erally recognized Indian tribes. ticable, such training shall be made avail- and a filing for review before an administra- ‘‘(ii) REQUIRED PARTICIPATION.—Not later able electronically on the U.S. Citizenship tive law judge under paragraph (7); and than 4 years after regulations are published and Immigration Services website. ‘‘(cc) establish procedures to directly no- implementing this subsection, all employers ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The tify the individual and the employer of a owned by, or entities of, the government of a employer shall inform individuals hired for confirmation. federally recognized Indian tribe shall par- employment that the System— ‘‘(III) IMPLEMENTATION.—The Secretary ticipate in the System with respect to all ‘‘(I) will be used by the employer; may provide for a phased-in implementation newly hired employees and employees with ‘‘(II) may be used for immigration enforce- of the notification requirements under this expiring temporary employment authoriza- ment purposes; and clause, as appropriate. The notification sys- tion documents. ‘‘(III) may not be used to discriminate or tem shall cover all inquiries not later than 1 ‘‘(J) IMMIGRATION LAW VIOLATORS.— to take adverse action against a national of year from the date of the enactment of the

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Border Security, Economic Opportunity, and ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— has violated paragraphs (1)(A) and (2) of sub- Immigration Modernization Act. Unless the period is extended in accordance section (a). Such presumption shall not ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— with this subclause, the System shall pro- apply in any prosecution under subsection ‘‘(i) INITIAL RESPONSE.— vide a confirmation or nonconfirmation not (k)(1). ‘‘(I) IN GENERAL.—Except as provided in later than 10 business days after the date on ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR subclause (II), the System shall provide— which the individual contests the further ac- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an ‘‘(aa) a confirmation of an individual’s tion notice under subclause (II). If the Sec- individual files an administrative appeal of identity and employment authorized status retary determines that good cause exists, the nonconfirmation within the time period or a further action notice at the time of the after taking into account adverse impacts to specified in paragraph (6)(A), or files for re- inquiry; and the employer, and including time to permit view with an administrative law judge speci- ‘‘(bb) an appropriate code indicating such the individual to obtain and provide needed fied in paragraph (7)(A), the employer shall confirmation or such further action notice. evidence of identity or employment eligi- not terminate the individual’s employment ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- bility, the Secretary shall extend the period under this subparagraph prior to the resolu- tem is unable to provide immediate con- for providing confirmation or nonconfirma- tion of the administrative appeal unless the firmation or further action notice for tech- tion for stated periods beyond 10 business Secretary or Commissioner terminates the nological reasons or due to unforeseen cir- days. When confirmation or nonconfirmation stay under paragraph (6)(B) or (7)(B). cumstances, the System shall provide a con- is provided, the confirmation system shall ‘‘(iv) WEEKLY REPORT.—The Director of firmation or further action notice not later provide an appropriate code indicating such U.S. Citizenship and Immigration Services than 3 business days after the initial inquiry. confirmation or nonconfirmation. shall submit a weekly report to the Assist- ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— ‘‘(V) REEXAMINATION.—Nothing in this sec- ant Secretary for Immigration and Customs If the employer receives an appropriate con- tion shall prevent the Secretary from estab- Enforcement that includes, for each indi- firmation of an individual’s identity and em- lishing procedures to reexamine a case where vidual who receives final nonconfirmation ployment authorized status under the Sys- a confirmation or nonconfirmation has been through the System— tem, the employer shall record the confirma- provided if subsequently received informa- ‘‘(I) the name of such individual; tion in such manner as the Secretary may tion indicates that the confirmation or non- ‘‘(II) his or her social security number or specify. confirmation may not have been correct. alien file number; ‘‘(iii) FURTHER ACTION NOTICE AND LATER Any procedures for reexamination shall not ‘‘(III) the name and contact information CONFIRMATION OR NONCONFIRMATION.— limit in any way an employee’s right to ap- for his or her current employer; and ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT peal a nonconfirmation. ‘‘(IV) any other critical information that THAT FURTHER ACTION IS REQUIRED.—Not later ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- than 3 business days after an employer re- ployer may not terminate employment or the Assistant Secretary determines to be ap- ceives a further action notice of an individ- take any other adverse action against an in- propriate. ual’s identity or employment eligibility dividual solely because of a failure of the in- ‘‘(v) OTHER REFERRAL.—The Director of under the System, or during such other rea- dividual to have identity and employment U.S. Citizenship and Immigration Services sonable time as the Secretary may prescribe, eligibility confirmed under this subsection shall refer to the Assistant Secretary for Im- the employer shall notify the individual for until— migration and Customs Enforcement for ap- whom the confirmation is sought of the fur- ‘‘(aa) a nonconfirmation has been issued; propriate action by the Assistant Secretary ther action notice and any procedures speci- ‘‘(bb) if the further action notice was con- or for referral by the Assistant Secretary to fied by the Secretary for addressing such no- tested, the period to timely file an adminis- another law enforcement agency, as appro- tice. The further action notice shall be given trative appeal has expired without an appeal priate— to the individual in writing and the em- or the contestation to the further action no- ‘‘(I) any case in which the Director believes ployer shall acknowledge in the System tice is withdrawn; or that a social security number has been false- under penalty of perjury that it provided the ‘‘(cc) if an appeal before an administrative ly or fraudulently used; and employee with the further action notice. The law judge under paragraph (7) has been filed, ‘‘(II) any case in which a false or fraudu- individual shall affirmatively acknowledge the nonconfirmation has been upheld or the lent document is used by an employee who in writing, or in such other manner as the appeal has been withdrawn or dismissed. has received a further action notice to re- Secretary may specify, the receipt of the fur- ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not solve such notice. ther action notice from the employer. If the later than 3 business days after an employer ‘‘(E) OBLIGATION TO RESPOND TO QUERIES individual refuses to acknowledge the re- receives a nonconfirmation, or during such AND ADDITIONAL INFORMATION.— ceipt of the further action notice, or ac- other reasonable time as the Secretary may ‘‘(i) IN GENERAL.—Employers shall comply knowledges in writing that the individual provide, the employer shall notify the indi- with requests for information from the Sec- will not contest the further action notice vidual who is the subject of the nonconfirma- retary and the Special Counsel for Immigra- under subclause (II), the employer shall no- tion, and provide information about filing an tion-Related Unfair Employment Practices tify the Secretary in such manner as the administrative appeal pursuant to paragraph of the Department of Justice, including que- Secretary may specify. (6) and a request for a hearing before an ad- ries concerning current and former employ- ‘‘(II) CONTEST.—Not later than 10 business ministrative law judge pursuant to para- ees, within the time frame during which days after receiving notification of a further graph (7). The nonconfirmation notice shall records are required to be maintained under action notice under subclause (I), the indi- be given to the individual in writing and the this section regarding such former employ- vidual shall contact the appropriate Federal employer shall acknowledge in the System ees, if such information relates to the func- agency and, if the Secretary so requires, ap- under penalty of perjury that it provided the tioning of the System, the accuracy of the pear in person for purposes of verifying the notice (or adequately attempted to provide responses provided by the System, or any individual’s identity and employment eligi- notice, but was unable to do so despite rea- suspected misuse, discrimination, fraud, or bility. The Secretary, in consultation with sonable efforts). The individual shall affirm- identity theft in the use of the System. Fail- the Commissioner and other appropriate atively acknowledge in writing, or in such ure to comply with a request under this Federal agencies, shall specify an available other manner as the Secretary may pre- clause constitutes a violation of subsection secondary verification procedure to confirm scribe, the receipt of the nonconfirmation (a)(1)(B). the validity of information provided and to notice from the employer. If the individual ‘‘(ii) ACTION BY INDIVIDUALS.— provide a confirmation or nonconfirmation. refuses or fails to acknowledge the receipt of ‘‘(I) IN GENERAL.—Individuals being Any procedures for reexamination shall not the nonconfirmation notice, the employer verified through the System may be required limit in any way an employee’s right to ap- shall notify the Secretary in such manner as to take further action to address questions peal a nonconfirmation. the Secretary may prescribe. identified by the Secretary or the Commis- ‘‘(III) NO CONTEST.—If the individual re- ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— sioner regarding the documents relied upon fuses to acknowledge receipt of the further ‘‘(i) TERMINATION OF CONTINUED EMPLOY- for purposes of subsection (c). action notice, acknowledges that the indi- MENT.—Except as provided in clause (iii), an ‘‘(II) NOTIFICATION.—Not later than 3 busi- vidual will not contest the further action no- employer that has received a nonconfirma- ness days after the receipt of such questions tice as provided in subclause (I), or does not tion regarding an individual and has made regarding an individual, or during such other contact the appropriate Federal agency reasonable efforts to notify the individual in reasonable time as the Secretary may pre- within the period specified in subclause (II), accordance with subparagraph (C)(iv) shall scribe, the employer shall— following expiration of the period specified terminate the employment of the individual ‘‘(aa) notify the individual of any such re- in subclause (II), a nonconfirmation shall be upon the expiration of the time period speci- quirement for further actions; and issued. The employer shall record the non- fied in paragraph (7). ‘‘(bb) record the date and manner of such confirmation in such manner as the Sec- ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- notification. retary may specify and terminate the indi- CONFIRMATION.—If the employer continues to ‘‘(III) ACKNOWLEDGMENT.—The individual vidual’s employment. An individual’s failure employ an individual after receiving noncon- shall acknowledge the notification received to contest a further action notice shall not firmation and exhaustion of all appeals or from the employer under subclause (II) in be considered an admission of guilt with re- expiration of all rights to appeal if not ap- writing, or in such other manner as the Sec- spect to any violation of this section or any pealed, in violation of clause (i), a rebuttable retary may prescribe. provision of law. presumption is created that the employer ‘‘(iii) RULEMAKING.—

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‘‘(I) IN GENERAL.—The Secretary, in con- ments and processes used to establish iden- ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- sultation with the Commissioner and the At- tity or employment authorized status, the ministrative appeal under this paragraph torney General, is authorized to issue regula- Secretary, in consultation with the Commis- shall be limited to whether a nonconfirma- tions implementing, clarifying, and sioner, after publication of notice in the Fed- tion notice is supported by a preponderance supplementing the requirements under this eral Register and an opportunity for public of the evidence. subparagraph— comment, may modify, if the Secretary de- ‘‘(E) DAMAGES, FEES, AND COSTS.—No ‘‘(aa) to facilitate the functioning, accu- termines that the modification is necessary money damages, fees or costs may be award- racy, and fairness of the System; to ensure that the System accurately and re- ed in the administrative appeal process ‘‘(bb) to prevent misuse, discrimination, liably determines the identity and employ- under this paragraph. fraud, or identity theft in the use of the Sys- ment authorized status of employees and tem; or maintain existing protections against mis- ‘‘(7) REVIEW BY ADMINISTRATIVE LAW ‘‘(cc) to protect and maintain the confiden- use, discrimination, fraud, and identity JUDGE.— tiality of information that could be used to theft— ‘‘(A) IN GENERAL.—Not later than 30 days locate or otherwise place at risk of harm vic- ‘‘(i) the information that shall be pre- after the date an individual receives a final tims of domestic violence, dating violence, sented to the employer by an individual; determination on an administrative appeal sexual assault, stalking, and human traf- ‘‘(ii) the information that shall be provided under paragraph (6), the individual may ob- ficking, and of the applicant or beneficiary to the System by the employer; and tain review of such determination by filing a of any petition described in section 384(a)(2) ‘‘(iii) the procedures that shall be followed complaint with a Department of Justice ad- of the Illegal Immigration Reform and Immi- by employers with respect to the process of ministrative law judge in accordance with grant Responsibility Act of 1996 (8 U.S.C. verifying an individual through the System. this paragraph. 1367(a)(2)). ‘‘(I) SELF-VERIFICATION.—Subject to appro- ‘‘(B) STAY OF NONCONFIRMATION.—The non- ‘‘(II) NOTICE.—The regulations issued under priate safeguards to prevent misuse of the confirmation related to such final deter- subclause (I) shall be— system, the Secretary, in consultation with mination shall be automatically stayed upon ‘‘(aa) published in the Federal Register; the Commissioner, shall establish a secure the timely filing of a complaint under this and self-verification procedure to permit an indi- paragraph, and the stay shall remain in ef- ‘‘(bb) provided directly to all employers vidual who seeks to verify the individual’s fect until the resolution of the complaint, registered in the System. own employment eligibility to contact the unless the administrative law judge deter- ‘‘(F) DESIGNATED AGENTS.—The Secretary appropriate agency and, in a timely manner, mines that the action is frivolous or filed for shall establish a process— correct or update the information contained purposes of delay. ‘‘(i) for certifying, on an annual basis or at in the System. ‘‘(C) SERVICE.—The respondent to com- such times as the Secretary may prescribe, ‘‘(5) PROTECTION FROM LIABILITY FOR AC- plaint filed under this paragraph is either designated agents and other System service TIONS TAKEN ON THE BASIS OF INFORMATION providers seeking access to the System to PROVIDED BY THE SYSTEM.—An employer shall the Secretary or the Commissioner, but not perform verification queries on behalf of em- not be liable to a job applicant, an employee, both, depending upon who issued the admin- ployers, based upon training, usage, privacy, the Federal Government, or a State or local istrative order under paragraph (6). In addi- and security standards prescribed by the government, under Federal, State, or local tion to serving the respondent, the plaintiff Secretary; criminal or civil law for any employment-re- shall serve the Attorney General. ‘‘(ii) for ensuring that designated agents lated action taken with respect to a job ap- ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW and other System service providers are sub- plicant or employee in good faith reliance on JUDGE.— ject to monitoring to the same extent as di- information provided by the System. ‘‘(i) RULES OF PRACTICE.—The Secretary rect access users; and ‘‘(6) ADMINISTRATIVE APPEAL.— shall promulgate regulations regarding the ‘‘(iii) for establishing standards for certifi- ‘‘(A) IN GENERAL.—An individual who is no- rules of practice in appeals brought pursuant cation of electronic I–9 programs. tified of a nonconfirmation may, not later to this subsection. ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- than 10 business days after the date that ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW TION.— such notice is received, file an administra- JUDGE.—The administrative law judge shall ‘‘(i) IN GENERAL.—No later than 3 months tive appeal of such nonconfirmation with the have power to— after the date of the enactment of the Border Commissioner if the notice is based on ‘‘(I) terminate a stay of a nonconfirmation Security, Economic Opportunity, and Immi- records maintained by the Commissioner, or under subparagraph (B) if the administrative gration Modernization Act, the Secretary, in in any other case, with the Secretary. An in- law judge determines that the action is friv- consultation with the Secretary of Labor, dividual who did not timely contest a further olous or filed for purposes of delay; the Secretary of Agriculture, the Commis- action notice timely received by that indi- sioner, the Attorney General, the Equal Em- vidual for which the individual acknowl- ‘‘(II) adduce evidence at a hearing; ployment Opportunity Commission, and the edged receipt may not be granted a review ‘‘(III) compel by subpoena the attendance Administrator of the Small Business Admin- under this paragraph. of witnesses and the production of evidence istration, shall commence a campaign to dis- ‘‘(B) ADMINISTRATIVE STAY OF NONCON- at any designated place or hearing; seminate information respecting the proce- FIRMATION.—The nonconfirmation shall be ‘‘(IV) resolve claims of identity theft; and dures, rights, and remedies prescribed under automatically stayed upon the timely filing ‘‘(V) enter, upon the pleadings and any evi- this section. of an administrative appeal, unless the non- dence adduced at a hearing, a decision af- ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- confirmation resulted after the individual firming or reversing the result of the agency, paign authorized under clause (i)— acknowledged receipt of the further action with or without remanding the cause for a ‘‘(I) shall be aimed at increasing the notice but failed to contact the appropriate rehearing. knowledge of employers, employees, and the agency within the time provided. The stay ‘‘(iii) SUBPOENA.—In case of contumacy or general public concerning employer and em- shall remain in effect until the resolution of refusal to obey a subpoena lawfully issued ployee rights, responsibilities, and remedies the appeal, unless the Secretary or the Com- under this section and upon application of under this section; and missioner terminates the stay based on a de- the administrative law judge, an appropriate ‘‘(II) shall be coordinated with the public termination that the administrative appeal district court of the United States may issue education campaign conducted by U.S. Citi- is frivolous or filed for purposes of delay. an order requiring compliance with such sub- zenship and Immigration Services. ‘‘(C) REVIEW FOR ERROR.—The Secretary poena and any failure to obey such order ‘‘(iii) ASSESSMENT.—The Secretary shall and the Commissioner shall develop proce- may be punished by such court as a con- assess the success of the campaign in achiev- dures for resolving administrative appeals tempt of such court. ing the goals of the campaign. regarding nonconfirmations based upon the ‘‘(iv) TRAINING.—An administrative law UTHORITY TO CONTRACT.—In order to ‘‘(iv) A information that the individual has pro- judge hearing cases shall have special train- carry out and assess the campaign under this vided, including any additional evidence or ing respecting employment authorized status subparagraph, the Secretary may, to the ex- argument that was not previously consid- verification. tent deemed appropriate and subject to the ered. Any such additional evidence or argu- ‘‘(E) ORDER BY ADMINISTRATIVE LAW availability of appropriations, contract with ment shall be filed within 10 business days of public and private organizations for outreach the date the appeal was originally filed. Ap- JUDGE.— and assessment activities under the cam- peals shall be resolved within 20 business ‘‘(i) IN GENERAL.—The administrative law paign. days after the individual has submitted all judge shall issue and cause to be served to ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— evidence and arguments the individual wish- the parties in the proceeding an order which There are authorized to be appropriated to es to submit, or has stated in writing that may be appealed as provided in subparagraph carry out this paragraph $40,000,000 for each there is no additional evidence that the indi- (G). of the fiscal years 2014 through 2016. vidual wishes to submit. The Secretary and ‘‘(ii) CONTENTS OF ORDER.—Such an order ‘‘(H) AUTHORITY TO MODIFY INFORMATION the Commissioner may, on a case by case shall uphold or reverse the final determina- REQUIREMENTS.—Based on a regular review of basis for good cause, extend the filing and tion on the request for reconsideration and the System and the document verification submission period in order to ensure accu- order lost wages and other appropriate rem- procedures to identify misuse or fraudulent rate resolution of an appeal before the Sec- edies as provided in subparagraph (F). use and to assess the security of the docu- retary or the Commissioner. ‘‘(F) COMPENSATION FOR ERROR.—

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‘‘(i) IN GENERAL.—In cases in which the ad- ‘‘(ii) to maximize its ease of use by em- made by an individual presenting biographic ministrative law judge reverses the final de- ployees, including direct notification of its information and to tailor the identity deter- termination of the Secretary or the Commis- use, of results, and ability to challenge re- mination in accordance with those assess- sioner made under paragraph (6), and the ad- sults; ments; ministrative law judge finds that— ‘‘(iii) to respond accurately to all inquiries ‘‘(VI) to permit queries to be presented to ‘‘(I) the nonconfirmation was due to gross made by employers on whether individuals individuals subject to identity verification negligence or intentional misconduct of the are authorized to be employed and to reg- at the time their identities are being verified employer, the administrative law judge may ister any times when the system is unable to in a manner that permits rapid communica- order the employer to pay the individual lost receive inquiries; tion through Internet, mobile phone, and wages, and reasonable costs and attorneys’ ‘‘(iv) to maintain appropriate administra- landline telephone connections to facilitate fees incurred during administrative and judi- tive, technical, and physical safeguards to identity proofing; cial review; or prevent unauthorized disclosure of personal ‘‘(VII) to generate queries that conform to ‘‘(II) such final determination was erro- information, misuse by employers and em- the context of the identity verification proc- neous by reason of the negligence of the Sec- ployees, and discrimination; ess and the circumstances of the individual retary or the Commissioner, the administra- ‘‘(v) to require regularly scheduled re- whose identity is being verified; tive law judge may order the Secretary or fresher training of all users of the System to ‘‘(VIII) to use publicly available databases the Commissioner to pay the individual lost ensure compliance with all procedures; and databases under the jurisdiction of the wages, and reasonable costs and attorneys’ ‘‘(vi) to allow for auditing of the use of the Commissioner of Social Security, the Sec- System to detect misuse, discrimination, retary, and the Secretary of State to formu- fees incurred during the administrative ap- fraud, and identity theft, to protect privacy late queries to be presented to individuals peal and the administrative law judge re- and assess System accuracy, and to preserve whose identities are being verified, as appro- view. the integrity and security of the information priate; ‘‘(ii) CALCULATION OF LOST WAGES.—Lost in all of the System, including— ‘‘(IX) to not retain data collected by the wages shall be calculated based on the wage ‘‘(I) to develop and use tools and processes System within any database separate from rate and work schedule that prevailed prior to detect or prevent fraud and identity theft, the database in which the operating system to termination. The individual shall be com- such as multiple uses of the same identifying is located and to limit access to the existing pensated for wages lost beginning on the information or documents to fraudulently databases to a reference process that shields first scheduled work day after employment gain employment; the operator of the System from acquiring was terminated and ending 120 days after ‘‘(II) to develop and use tools and processes possession of the data beyond the formula- completion of the administrative law judge’s to detect and prevent misuse of the system tion of queries and verification of responses; review described in this paragraph or the day by employers and employees; ‘‘(X) to not permit individuals or entities after the individual is reinstated or obtains ‘‘(III) to develop tools and processes to de- using the System to access any data related employment elsewhere, whichever occurs tect anomalies in the use of the system that to the individuals whose identities are being first. If the individual obtains employment may indicate potential fraud or misuse of verified beyond confirmations, further ac- elsewhere at a lower wage rate, the indi- the system; tion notices, and final nonconfirmations of vidual shall be compensated for the dif- ‘‘(IV) to audit documents and information identity; ference in wages for the period ending 120 submitted by employees to employers, in- ‘‘(XI) to include, if feasible, a capability days after completion of the administrative cluding authority to conduct interviews with for permitting document or other inputs law judge review process. No lost wages shall employers and employees, and obtain infor- that can be offered to individuals and enti- be awarded for any period of time during mation concerning employment from the ties using the System and that may be used which the individual was not in employment employer; at the option of employees to facilitate iden- authorized status. ‘‘(vii) to confirm identity and employment tity verification, but would not be required ‘‘(iii) PAYMENT OF COMPENSATION.—Not- authorization through verification and com- of either employers or employees; and withstanding any other law, payment of parison of records as determined necessary ‘‘(XII) to the greatest extent possible, in compensation for lost wages, costs, and at- by the Secretary; accordance with the time frames specified in torneys’ fees under this paragraph, or com- ‘‘(viii) to confirm electronically the this section; and promise settlements of the same, shall be issuance of the employment authorization or ‘‘(x) to provide appropriate notification di- made as provided by section 1304 of title 31, identity document and— rectly to employers registered with the Sys- United States Code. Appropriations made ‘‘(I) if such photograph is available, to dis- tem of all changes made by the Secretary or available to the Secretary or the Commis- play the digital photograph that the issuer the Commissioner related to allowed and sioner, accounts provided for under section placed on the document so that the employer prohibited documents, and use of the Sys- 286, and funds from the Federal Old-Age and can compare the photograph displayed to the tem. Survivors Insurance Trust Fund or the Fed- photograph on the document presented by ‘‘(C) SAFEGUARDS TO THE SYSTEM.— eral Disability Insurance Trust Fund shall the employee; or ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- not be available to pay such compensation. ‘‘(II) if a photograph is not available from retary, in consultation with the Commis- ‘‘(G) APPEAL.—No later than 45 days after the issuer, to confirm the authenticity of the sioner and other appropriate Federal and the entry of such final order, any person ad- document using additional security meas- State agencies, shall develop policies and versely affected by such final order may seek ures set forth in subsection (c)(1)(F)(iv); procedures to ensure protection of the pri- review of such order in the United States ‘‘(ix) to employ specific and effective addi- vacy and security of personally identifiable Court of Appeals for the circuit in which the tional security measures set forth in sub- information and identifiers contained in the violation is alleged to have occurred or in section (c)(1)(F)(iv) to adequately verify the records accessed or maintained by the Sys- which the employer resides or transacts identity of an individual that are designed tem. The Secretary, in consultation with the business. and operated— Commissioner and other appropriate Federal ‘‘(8) MANAGEMENT OF THE SYSTEM.— ‘‘(I) to use state-of-the-art technology to and State agencies, shall develop and deploy ‘‘(A) IN GENERAL.—The Secretary is author- determine to a high degree of accuracy appropriate privacy and security training for ized to establish, manage, and modify the whether an individual presenting biographic the Federal and State employees accessing System, which shall— information is the individual with that true the records under the System. ‘‘(i) respond to inquiries made by partici- identity; ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- pating employers at any time through the ‘‘(II) to retain under the control of the Sec- ing through the Chief Privacy Officer of the internet, or such other means as the Sec- retary the use of all determinations commu- Department, shall conduct regular privacy retary may designate, concerning an individ- nicated by the System, regardless of the en- audits of the policies and procedures estab- ual’s identity and whether the individual is tity operating the system pursuant to a con- lished under clause (i) and the Department’s in employment authorized status; tract or other agreement with a nongovern- compliance with the limitations set forth in ‘‘(ii) maintain records of the inquiries that mental entity or entities to the extent help- subsection (c)(1)(F)(iii)(IV), including any were made, of confirmations provided (or not ful in acquiring the best technology to im- collection, use, dissemination, and mainte- provided), and of the codes provided to em- plement the additional security measures; nance of personally identifiable information ployers as evidence of their compliance with ‘‘(III) to be integrated with the System so and any associated information technology their obligations under the System; and that employment authorizations will be de- systems, as well as scope of requests for this ‘‘(iii) provide information to, and require termined for all individuals identified as pre- information. The Chief Privacy Officer shall action by, employers and individuals using senting their true identities through the review the results of the audits and rec- the System. databases maintained by the Commissioner ommend to the Secretary any changes nec- ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— of Social Security and the Secretary; essary to improve the privacy protections of The System shall be designed and operated— ‘‘(IV) to use tools and processes to detect the program. ‘‘(i) to maximize its reliability and ease of and prevent further action notices and final ‘‘(iii) ACCURACY AUDITS.— use by employers consistent with protecting nonconfirmations that are not correlated to ‘‘(I) IN GENERAL.—Not later than November the privacy and security of the underlying fraud or identity theft; 30 of each year, the Inspector General of the information, and ensuring full notice of such ‘‘(V) to make risk-based assessments re- Department of Homeland Security shall sub- use to employees; garding the reliability of a claim of identity mit a report to the Secretary, with a copy to

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Such procedure shall include notifying under subparagraphs (A) and (B) of para- Government facilities, public facilities, or the legitimate holder of the social security graph (10). The report shall describe in detail other available locations in order to utilize number at the appropriate time. the methodology employed for purposes of the System. ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— the report, and shall make recommendations ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— The Secretary shall establish or designate a for how error rates may be reduced. ‘‘(i) IN GENERAL.—As part of the System, monitoring and compliance unit to detect ‘‘(II) ERROR RATE DEFINED.—In this clause, the Secretary shall maintain a reliable, se- and reduce identity fraud and other misuse the term error rate means the percentage de- cure method, which, operating through the of the System. termined by dividing— System and within the time periods speci- ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- ‘‘(aa) the number of employment author- fied, compares the name, alien identification SESSMENTS.— ized individuals who received further action or authorization number, or other informa- ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- notices, contested such notices, and were tion as determined relevant by the Sec- retary shall conduct regular civil rights and subsequently found to be employment au- retary, provided in an inquiry against such civil liberties assessments of the System, in- thorized; by information maintained or accessed by the cluding participation by employers, other ‘‘(bb) the number of System inquiries sub- Secretary in order to confirm (or not con- private entities, and Federal, State, and mitted for employment authorized individ- firm) the validity of the information pro- local government entities. uals. vided, the correspondence of the name and ‘‘(II) REQUIREMENT TO RESPOND.—Employ- ‘‘(III) ERROR RATE DETERMINATION.—The number, whether the alien has employment ers, other private entities, and Federal, audits required under this clause shall— authorized status (or, to the extent that the State, and local entities shall timely respond ‘‘(aa) determine the error rate for identity Secretary determines to be feasible and ap- to any request in connection with such an determinations pursuant to subsection propriate, whether the records available to assessment. (c)(1)(F) for individuals presenting their true the Secretary verify the identity or status of ‘‘(III) ASSESSMENT AND RECOMMENDA- identities in the same manner and applying a national of the United States), and such TIONS.—The Officer for Civil Rights and Civil the same standards as for employment au- other information as the Secretary may pre- Liberties of the Department shall review the thorization; and scribe. results of each such assessment and rec- ‘‘(bb) include recommendations, as pro- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the ommend to the Secretary any changes nec- vided in subclause (I), but no reduction in System, the Secretary shall establish a reli- essary to improve the civil rights and civil fines pursuant to subclause (IV). able, secure method, which, operating liberties protections of the System. ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- through the System, displays the digital ‘‘(F) GRANTS TO STATES.— KEEPING OR VERIFICATION PRACTICES FOL- photograph described in subparagraph ‘‘(i) IN GENERAL.—The Secretary shall cre- LOWING PERSISTENT SYSTEM INACCURACIES.— (B)(viii)(I). ate and administer a grant program to help Notwithstanding subsection (e)(4)(C)(i), in ‘‘(iii) TIMING OF NOTICES.—The Secretary provide funding for reimbursement of the ac- any calendar year following a report by the shall have authority to prescribe when a con- tual costs to States that grant— Inspector General under subclause (I) that firmation, nonconfirmation, or further ac- ‘‘(I) the Secretary access to driver’s license the System had an error rate higher than 0.3 tion notice shall be issued. information as needed to confirm that a percent for the previous fiscal year, the civil ‘‘(iv) USE OF INFORMATION.—The Secretary driver’s license presented under subsection penalty assessable by the Secretary or an ad- shall perform regular audits under the Sys- (c)(1)(D)(i) confirms the identity of the sub- ministrative law judge under that subsection tem, as described in subparagraph (B)(vi) and ject of the System check, and that a driver’s for each first-time violation by an employer shall utilize the information obtained from license matches the State’s records; and who has not previously been penalized under such audits, as well as any information ob- ‘‘(II) such assistance as the Secretary may this section may not exceed $1,000. tained from the Commissioner pursuant to request in order to resolve further action no- ‘‘(iv) RECORDS SECURITY PROGRAM.—Any part E of title XI of the Social Security Act tices or nonconfirmations relating to such person, including a private third party ven- (42 U.S.C. 1301 et seq.), for the purposes of information. dor, who retains document verification or this section and to administer and enforce ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- System data pursuant to this section shall the immigration laws. VACY PROTECTION ACT OF 1994.—The provision implement an effective records security pro- ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- of a photograph to the Secretary as de- gram that— vent identity fraud, not later than 18 months scribed in clause (i) may not be construed as ‘‘(I) ensures that only authorized personnel after the date of the enactment of the Border a violation of section 2721 of title 18, United have access to document verification or Sys- Security, Economic Opportunity, and Immi- States Code, and is a permissible use under tem data; and gration Modernization Act, the Secretary subsection (b)(1) of that section. ‘‘(II) ensures that whenever such data is shall— ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— created, completed, updated, modified, al- ‘‘(I) in consultation with the Commis- There is authorized to be appropriated to the tered, or corrected in electronic format, a se- sioner, establish a program to provide a reli- Secretary, from the Comprehensive Immi- cure record is created that establishes the able, secure method for an individual to tem- gration Reform Trust Fund established date of access, the identity of the individual porarily suspend or limit the use of the indi- under section 6(a)(1), $500,000,000 to carry out who accessed the electronic record, and the vidual’s social security account number or this subparagraph. particular action taken. other identifying information for ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- verification by the System; and OF STATE.—As part of the System, the Sec- tion to the security measures described in ‘‘(II) for each individual being verified retary of State shall provide to the Sec- clause (iv), a private third party vendor who through the System— retary access to passport and visa informa- retains document verification or System ‘‘(aa) notify the individual that the indi- tion as needed to confirm that a passport, data pursuant to this section shall imple- vidual has the option to limit the use of the passport card, or visa presented under sub- ment an effective records security program individual’s social security account number section (c)(1)(C) confirms the identity of the that— or other identifying information for subject of the System check, and that a pass- ‘‘(I) provides for backup and recovery of verification by the System; and port, passport card, or visa photograph any records maintained in electronic format ‘‘(bb) provide instructions to the individ- matches the Secretary of State’s records, to protect against information loss, such as uals for exercising the option referred to in and shall provide such assistance as the Sec- power interruptions; and item (aa). retary may request in order to resolve fur- ‘‘(II) ensures that employees are trained to ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT ther action notices or nonconfirmations re- minimize the risk of unauthorized or acci- OF THEIR CHILD’S IDENTITY.—The Secretary, lating to such information. dental alteration or erasure of such data in in consultation with the Commissioner, shall ‘‘(H) UPDATING INFORMATION.—The Com- electronic format. establish a program that provides a reliable, missioner, the Secretary, and the Secretary ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In secure method by which parents or legal of State shall update their information in a this subparagraph, the term authorized per- guardians may suspend or limit the use of manner that promotes maximum accuracy sonnel means anyone registered as a System the social security account number or other and shall provide a process for the prompt user, or anyone with partial or full responsi- identifying information of a minor under correction of erroneous information. bility for completion of employment author- their care for the purposes of the System. ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— ization verification or retention of data in The Secretary may implement the program Notwithstanding any other provision of law, connection with employment authorization on a limited pilot program basis before mak- no department, bureau, or other agency of verification on behalf of an employer. ing it fully available to all individuals. the United States Government or any other ‘‘(D) AVAILABLE FACILITIES AND ALTER- ‘‘(vii) PROTECTION FROM MULTIPLE USE.— entity shall utilize, share, or transmit any NATIVE ACCOMMODATIONS.—The Secretary The Secretary and the Commissioner shall information, database, or other records as- shall make appropriate arrangements and establish a procedure for identifying and sembled under this subsection for any pur- develop standards to allow employers or em- handling a situation in which a social secu- pose other than for employment verification

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Each such report shall include, at a and Nationality Act (8 U.S.C. 1324a(d)) under discriminatory use of the System. minimum, the following: that individual’s name or social security ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— ‘‘(i) An assessment of System performance number; and Not later than 18 months after the promulga- with respect to the rate at which individuals ‘‘(G) a toll-free telephone number operated tion of regulations to implement this sub- who are eligible for employment in the by the Department of Homeland Security for section, and annually thereafter, the Sec- United States are correctly approved within employment verification system inquiries retary shall submit to Congress a report that the required periods, including a separate as- and a link to self-verification procedure es- includes the following: sessment of such rate for naturalized United tablished under section 274A(d)(4)(I) of such ‘‘(A) An assessment, as submitted to the States citizens, nationals of the United Act.’’. Secretary by the Inspector General of the States, and aliens. (e) GOOD FAITH COMPLIANCE.—Section Department of Homeland Security pursuant ‘‘(ii) An assessment of the privacy and con- 274B(a) (8 U.S.C. 1324b(a)), as amended by sec- to paragraph (8)(C)(iii)(I), of the accuracy fidentiality of the System and of the overall tion 3105(a) of this Act, is further amended rates of further action notices and other Sys- security of the System with respect to by adding at the end the following: tem notices provided by employers to indi- cybertheft and theft or misuse of private ‘‘(10) TREATMENT OF CERTAIN VIOLATIONS viduals who are authorized to be employed in data. AFTER REASONABLE STEPS IN GOOD FAITH.— the United States. ‘‘(iii) An assessment of whether the Sys- Notwithstanding paragraphs (4), (6), and (7), ‘‘(B) An assessment, as submitted to the tem is being implemented in a manner that a person, other entity, or employment agen- Secretary by the Inspector General of the is not discriminatory or used for retaliation cy shall not be liable for civil penalties de- Department of Homeland Security pursuant against employees. scribed in section 274B(g)(2)(B)(iv) that are to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(iv) An assessment of the most common related to a violation of any such paragraph rates of further action notices and other Sys- causes for the erroneous issuance of noncon- if the person, entity, or employment agency tem notices provided directly (by the Sys- firmations by the System and recommenda- has taken reasonable steps, in good faith, to tem) in a timely fashion to individuals who tions to correct such causes. comply with such paragraphs at issue, unless are not authorized to be employed in the ‘‘(v) The recommendations of the Comp- the person, other entity, or employment United States. troller General regarding System improve- agency— ‘‘(C) An assessment of any challenges faced ments. ‘‘(A) was, for similar conduct, subject to— by small employers in utilizing the System. ‘‘(vi) An assessment of the frequency and ‘‘(i) a reasonable cause determination by ‘‘(D) An assessment of the rate of employer magnitude of changes made to the System the Office of Special Counsel for Immigra- noncompliance (in addition to failure to pro- and the impact on the ability for employers tion Related Unfair Employment Practices; vide required notices in a timely fashion) in to comply in good faith. or each of the following categories: ‘‘(vii) An assessment of the direct and indi- ‘‘(ii) a finding by an administrative law ‘‘(i) Taking adverse action based on a fur- rect costs incurred by employers in com- judge that a violation of this section has oc- ther action notice. plying with the System, including costs as- curred; or ‘‘(ii) Use of the System for nonemployees sociated with retaining potential employees ‘‘(B) committed the violation in order to or other individuals before they are offered through the administrative appeals process interfere with ‘workplace rights’ (as defined employment. and receiving a nonconfirmation. in section 274A(b)(8)). ‘‘(iii) Use of the System to reverify em- ‘‘(viii) An assessment of any backlogs or ‘‘(11) GOOD FAITH.—As used in paragraph ployment authorized status of current em- delays in the System providing the con- (10), the term ‘good faith’ shall not include ployees except if authorized to do so. firmation or further action notice and im- any action taken in order to interfere with ‘‘(iv) Use of the System selectively, except pacts to hiring by employers. ‘workplace rights’ (as defined in section in cases in which such use is authorized. ‘‘(ix) An assessment of the effect of the 274A(b)(8)). Neither the Office of Special ‘‘(v) Use of the System to deny employ- identity authentication mechanism and any Counsel nor an administrative law judge ment or post-employment benefits or other- other security measures set forth in sub- hearing a claim under this section shall have wise interfere with labor rights. section (c)(1)(F)(iv) to verify identity incor- any authority to assess workplace rights ‘‘(vi) Requiring employees or applicants to porated into the System or otherwise used other than those guaranteed under this sec- use any self-verification feature or to pro- by employers on employees. tion. vide self-verification results. ‘‘(12) OUTREACH AND PARTNERSHIP.— ‘‘(12) RULES OF CONSTRUCTION.—Nothing in ‘‘(vii) Discouraging individuals who receive ‘‘(A) OUTREACH.—The Secretary is author- this section may be construed— a further action notice from challenging the ized to conduct outreach and establish pro- ‘‘(A) to permit the Office of Special Coun- further action notice or appealing a deter- grams to assist employers in verifying em- sel for Immigration-Related Unfair Employ- mination made by the System. ployment authorization and preventing iden- ment Practices or an administrative law ‘‘(E) An assessment of the rate of employee tity fraud. judge hearing a claim under this Section to noncompliance in each of the following cat- ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- enforce any workplace rights other than egories: retary may establish partnership initiatives those guaranteed under this section; or ‘‘(i) Obtaining employment when unau- between the Federal Government and private ‘‘(B) to prohibit any person, other entity, thorized with an employer complying with sector employers to foster cooperative rela- or employment agency from using an iden- the System in good faith. tionships and to strengthen overall hiring tity verification system, service, or method ‘‘(ii) Failure to provide required documents practices.’’. in a timely manner. (c) TAXPAYER ADDRESS INFORMATION.—Sec- (in addition to the employment verification ‘‘(iii) Attempting to use fraudulent docu- tion 6103(m) of the Internal Revenue Code of system described in section 274A(d)), until ments or documents not related to the indi- 1986 is amended by adding at the end the fol- the date on which the employer is required vidual. lowing: to participate in the System under section ‘‘(iv) Misuse of the administrative appeal ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- 274A(d)(2) and the additional security meas- and judicial review process. NISHED TO SECRETARY OF HOMELAND SECU- ures mandated by section 274A(c)(F)(iv) have ‘‘(F) An assessment of the amount of time RITY.—Upon written request from the Sec- become available to verify the identity of a taken for— retary of Homeland Security, the Secretary newly hired employee, if such system— ‘‘(i) the System to provide the confirma- shall disclose the mailing address of any tax- ‘‘(i) is used in a uniform manner for all tion or further action notice; payer who is entitled to receive a notifica- newly hired employees; ‘‘(ii) individuals to contest further action tion from the Secretary of Homeland Secu- ‘‘(ii) is not used for the purpose or with the notices; rity pursuant to paragraphs (1)(C) and intent of discriminating against any indi- ‘‘(iii) the System to provide a confirmation (8)(E)(vii) of section 274A(d) of the Immigra- vidual; or nonconfirmation of a contested further tion and Nationality Act (8 U.S.C. 1324a(d)) ‘‘(iii) provides for timely notice to employ- action notice; for use only by employees of the Department ees run through the system of a mismatch or ‘‘(iv) individuals to file an administrative of Homeland for the purpose of mailing such failure to confirm identity; and appeal of a nonconfirmation; and notification to such taxpayer.’’. ‘‘(iv) sets out procedures for employees run ‘‘(v) resolving administrative appeals re- (d) SOCIAL SECURITY ACCOUNT STATE- through the system to resolve a mismatch or garding nonconfirmations. MENTS.—Section 1143(a)(2) of the Social Secu- other failure to confirm identity. ‘‘(11) ANNUAL GAO STUDY AND REPORT.— rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— ‘‘(13) LIABILITY.—A person, entity, or em- ‘‘(A) REQUIREMENT.—The Comptroller Gen- (1) in subparagraph (D), by striking ‘‘and’’ ployment agency that uses an identity eral shall, for each year, undertake a study at the end; verification system, service, or method in a to evaluate the accuracy, efficiency, integ- (2) in subparagraph (E), by striking the pe- way that conflicts with the requirements set rity, and impact of the System. riod at the end and inserting ‘‘; and’’; and forth in paragraph (10) shall be subject to li- ‘‘(B) REPORT.—Not later than 18 months (3) by adding at the end the following: ability under paragraph (4)(I).’’. after the promulgation of regulations to im- ‘‘(F) to the extent resources are available, (f) MAINTENANCE OF REASONABLE LEVELS OF plement this subsection, and yearly there- information in the Commissioner’s records SERVICE AND ENFORCEMENT.—Notwith- after, the Comptroller General shall submit indicating that a query was submitted to the standing section 3301(b)(1), amounts appro- to Congress a report containing the findings employment verification system established priated pursuant to such section shall be of the study carried out under this para- under section 274A (d) of the Immigration used to maintain reasonable levels of service

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5284 CONGRESSIONAL RECORD — SENATE June 26, 2013 and enforcement rather than a specific nu- ‘‘(II) shall be available as— under the Compact of Free Association be- meric increase in the number of Department ‘‘(aa) a paper form; tween the United States and the Federated personnel dedicated to administering the ‘‘(bb) a form that may be completed by an States of Micronesia or the Republic of the Employment Verification System. employer via telephone or video conference; Marshall Islands. ‘‘(cc) an electronic form; and ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF SA 1727. Mr. PORTMAN (for himself ‘‘(dd) a form that is integrated electroni- INDIVIDUAL.—A document is specified in this and Mr. TESTER) submitted an amend- cally with the requirements under subpara- subparagraph if the document is unexpired ment intended to be proposed to graph (F) and subsection (d). (unless the validity of the document is ex- amendment SA 1224 proposed by Mr. ‘‘(ii) ATTESTATION.—Each such form shall tended by law) and is 1 of the following: require the employer to sign an attestation ‘‘(i) A driver’s license or identity card that REED to the bill S. 744, to provide for with a handwritten, electronic, or digital is not described in subparagraph (C)(iii) and comprehensive immigration reform signature, according to standards prescribed is issued to an individual by a State or an and for other purposes; which was or- by the Secretary. outlying possession of the United States, a dered to lie on the table; as follows: ‘‘(iii) COMPLIANCE.—An employer has com- federally recognized Indian tribe, or an agen- At the appropriate place, insert the fol- plied with the requirements under this para- cy (including military) of the Federal Gov- lowing: graph with respect to examination of the ernment if the driver’s license or identity documents included in subclauses (I) and (II) card includes, at a minimum— SEC. lll. EMPLOYMENT VERIFICATION SYSTEM IMPROVEMENTS. of subparagraph (A)(i) if— ‘‘(I) the individual’s photograph, name, ‘‘(I) the employer has, in good faith, fol- date of birth, gender, and driver’s license or (a) TRIGGER.—In addition to the conditions lowed applicable regulations and any written identification card number; and set forth in section 3(c)(2)(A), the Secretary procedures or instructions provided by the ‘‘(II) security features to make the license may not adjust the status of aliens who have Secretary; and or card resistant to tampering, counter- been granted registered provisional immi- ‘‘(II) a reasonable person would conclude feiting, and fraudulent use. grant status, except for aliens granted blue that the documentation is genuine and re- ‘‘(ii) A voter registration card. card status under section 2201 of this Act or lates to the individual presenting such docu- ‘‘(iii) A document that complies with the described in section 245D(b) of the Immigra- mentation. requirements under section 7209(b)(1) of the tion and Nationality Act, unless the Sec- ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY Intelligence Reform and Terrorism Preven- retary, after consultation with the Comp- AND EMPLOYMENT AUTHORIZED STATUS.—A tion Act of 2004 (Public Law 108–458; 8 U.S.C. troller General of the United States, and as document is specified in this subparagraph if 1185 note). part of the written certification submitted the document is unexpired (unless the valid- ‘‘(iv) For individuals under 18 years of age to the President and Congress pursuant to ity of the document is extended by law) and who are unable to present a document listed section 3(c)(2)(A), certifies that the Sec- is 1 of the following: in clause (i) or (ii), documentation of per- retary has implemented the mandatory em- ‘‘(i) A United States passport or passport sonal identity of such other type as the Sec- ployment verification system, including the card issued to an individual pursuant to the retary determines will provide a reliable full incorporation of the photo tool and addi- Secretary of State’s authority under the Act means of identification, which may include tional security measures, required by section entitled An Act to regulate the issue and va- an attestation as to the individual’s identity 274A of the Immigration and Nationality Act lidity of passports, and for other purposes, by a parent or legal guardian under penalty (8 U.S.C. 1324a), as amended by section 3101, approved July 3, 1926 (22 U.S.C. 211a). of perjury. and has required the system’s use by all em- ‘‘(ii) A document issued to an alien evi- ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT ployers to prevent unauthorized workers dencing that the alien is lawfully admitted AUTHORIZATION.—A document is specified in from obtaining employment in the United for permanent residence or another docu- this subparagraph if the document is unex- States. ment issued to an individual evidencing the pired (unless the validity of the document is (b) EMPLOYMENT VERIFICATION SYSTEM.— individual’s employment authorized status, extended by law) and is 1 of the following: Section 274A (8 U.S.C. 1324a), as amended by as designated by the Secretary, if the docu- ‘‘(i) A social security account number card section 3101, is further amended— ment— issued by the Commissioner, other than a (1) in subsection (a)(5)(A)(ii), by inserting ‘‘(I) contains a photograph of the indi- card which specifies on its face that the card ‘‘, by clear and convincing evidence,’’ after vidual, or such other personal identifying in- is not valid to evidence employment author- demonstrates; and formation relating to the individual as the ized status or has other similar words of lim- (2) by striking subsections (c) and (d) and Secretary determines, by regulation, to be itation. inserting the following: sufficient for the purposes of this subpara- ‘‘(ii) Any other documentation evidencing ‘‘(c) DOCUMENT VERIFICATION REQUIRE- graph; employment authorized status that the Sec- MENTS.—Any employer hiring an individual ‘‘(II) is evidence of employment authorized retary determines and publishes in the Fed- for employment in the United States shall status; and eral Register and through appropriate notice comply with the following requirements and ‘‘(III) contains security features to make directly to employers registered within the the requirements under subsection (d) to the document resistant to tampering, coun- System to be acceptable for purposes of this verify that the individual has employment terfeiting, and fraudulent use. subparagraph if such documentation, includ- authorized status. ‘‘(iii) An enhanced driver’s license or iden- ing any electronic security measures linked ‘‘(1) ATTESTATION AFTER EXAMINATION OF tification card issued to a national of the to such documentation, contains security DOCUMENTATION.— United States by a State, an outlying posses- features to make such documentation resist- ‘‘(A) IN GENERAL.— sion of the United States, or a federally rec- ant to tampering, counterfeiting, and fraud- ‘‘(i) EXAMINATION BY EMPLOYER.—An em- ognized Indian tribe that— ulent use. ployer shall attest, under penalty of perjury ‘‘(I) meets the requirements under section ‘‘(F) IDENTITY AUTHENTICATION MECHA- on a form prescribed by the Secretary, that 202 of the REAL ID Act of 2005 (division B of NISM.— the employer has verified the identity and Public Law 109–13; 49 U.S.C. 30301 note); and ‘‘(i) DEFINITIONS.—In this subparagraph: employment authorization status of the indi- ‘‘(II) the Secretary has certified by notice ‘‘(I) COVERED IDENTITY DOCUMENT.—The vidual— published in the Federal Register and term ‘covered identity document’ means a ‘‘(I) by examining— through appropriate notice directly to em- valid— ‘‘(aa) a document specified in subparagraph ployers registered in the System 3 months ‘‘(aa) United States passport, passport (C); or prior to publication that such enhanced li- card, or a document evidencing lawful per- ‘‘(bb) a document specified in subparagraph cense or card is suitable for use under this manent residence status or employment au- (D) and a document specified in subpara- subparagraph based upon the accuracy and thorized status issued to an alien; graph (E); and security of the issuance process, security ‘‘(bb) enhanced driver’s license or identity ‘‘(II) by utilizing an identity authentica- features on the document, and such other card issued by a participating State or an tion mechanism described in clause (iii) or factors as the Secretary may prescribe. outlying possession of the United States; or (iv) of subparagraph (F). ‘‘(iv) A passport issued by the appropriate ‘‘(cc) photograph and appropriate identi- ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- authority of a foreign country accompanied fying information provided by the Secretary retary shall publish a picture of each docu- by a Form I–94 or Form I–94A (or similar suc- of State pursuant to the granting of a visa. ment specified in subparagraphs (C) and (E) cessor record), or other documentation as ‘‘(II) PARTICIPATING STATE.—The term ‘par- on the U.S. Citizenship and Immigration designated by the Secretary that specifies ticipating State’ means a State that has an Services website. the individual’s status in the United States agreement with the Secretary to provide the ‘‘(B) REQUIREMENTS.— and the duration of such status if the pro- Secretary, for purposes of identity ‘‘(i) FORM.—The form referred to in sub- posed employment is not in conflict with any verification in the System, with photographs paragraph (A)(i)— restriction or limitation specified on such and appropriate identifying information ‘‘(I) shall be prescribed by the Secretary form or documentation. maintained by the State. not later than 6 months after the date of the ‘‘(v) A passport issued by the Federated ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- enactment of the Border Security, Economic States of Micronesia or the Republic of the TICATION.—In addition to verifying the docu- Opportunity, and Immigration Moderniza- Marshall Islands with evidence of non- ments specified in subparagraph (C), (D), or tion Act; immigrant admission to the United States (E), the System shall require each employer

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5285 to verify the identity of each new hire using employer’s intent to discontinue such elec- ‘‘(i) the date that is 3 years after such hir- the identity authentication mechanism de- tion. ing date; or scribed in clause (iii) or, for an individual ‘‘(v) AUTOMATED VERIFICATION.—The Sec- ‘‘(ii) the date that is 1 year after the date whose identity is not able to be verified retary— on which the individual’s employment with using that mechanism, to use the additional ‘‘(I) may establish a program, in addition the employer is terminated. security measures provided in clause (iv) to the identity authentication mechanism ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- after such measures become available. A fail- described in subparagraph (F)(iii), in which TION.—The Secretary— ure of the System to verify the identity of an the System automatically verifies informa- ‘‘(i) shall permit an employer to retain the individual due to the use of an identity au- tion contained in a covered identity docu- form described in subparagraph (A) in elec- thentication mechanism shall result in a fur- ment issued by a participating State, which tronic form; and ther action notice under subsection is presented under subparagraph (D)(i), in- ‘‘(ii) shall permit an employer to retain (d)(4)(C)(iii). cluding information needed to verify that such form in paper, microfiche, microfilm, ‘‘(iii) PHOTO TOOL.— the covered identity document matches the portable document format, or other media. ‘‘(I) USE REQUIREMENT.—An employer that State’s records; ‘‘(4) COPYING OF DOCUMENTATION AND REC- hires an individual who has a presented a ‘‘(II) may not maintain information pro- ORDKEEPING.—The Secretary may promul- covered identity document to establish his vided by a participating State in a database gate regulations regarding— or her identity and employment authoriza- maintained by U.S. Citizenship and Immi- ‘‘(A) copying documents and related infor- tion under subsection (c) shall verify the gration Services; and mation pertaining to employment identity of such individual using the photo ‘‘(III) may not utilize or disclose such in- verification presented by an individual under tool described in subclause (II). formation, except as authorized under this this subsection; and ‘‘(II) DEVELOPMENT REQUIREMENT.—The section. ‘‘(B) retaining such information during a Secretary shall develop and maintain a ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- period not to exceed the required retention photo tool that enables employers to match TAIN DOCUMENTS.—If the Secretary deter- period set forth in paragraph (3). the photo on a covered identity document mines, after publication in the Federal Reg- ‘‘(5) PENALTIES.—An employer that fails to provided to the employer to a photo main- ister and an opportunity for public comment, comply with any requirement under this sub- tained by a U.S. Citizenship and Immigra- section may be penalized under subsection tion Services or other appropriate database. that any document or class of documents specified in subparagraph (B), (C), or (D) does (e)(4)(B). ‘‘(III) INDIVIDUAL QUERIES.—The photo tool not reliably establish identity or that em- ‘‘(6) PROTECTION OF CIVIL RIGHTS.— capability shall be incorporated into the ‘‘(A) IN GENERAL.—Nothing in this section System and made available to employers not ployment authorized status is being used fraudulently to an unacceptable degree, the may be construed to diminish any rights later than 1 year after the date on which reg- otherwise protected by Federal law. ulations are published implementing sub- Secretary— ‘‘(i) may prohibit or restrict the use of ‘‘(B) PROHIBITION ON DISCRIMINATION.—An section (d). employer shall use the procedures for docu- ‘‘(IV) LIMITATIONS ON USE OF INFORMA- such document or class of documents for pur- poses of this subsection; and ment verification set forth in this paragraph TION.—Information and images acquired from for all employees without regard to race, State motor vehicle databases through the ‘‘(ii) shall directly notify all employers color, religion, sex, national origin, or, un- photo tool developed under subclause (II)— registered within the System of the prohibi- less specifically permitted in this section, to ‘‘(aa) may only be used for matching tion through appropriate means. citizenship status. photos to a covered identity document for ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN ‘‘(7) RECEIPTS.—The Secretary may author- the purposes of employment verification; DOCUMENTS.—If the Secretary has deter- ize the use of receipts for replacement docu- ‘‘(bb) shall not be collected or stored by mined that another document or class of ments, and temporary evidence of employ- the Federal Government; and documents, such as a document issued by a ment authorization by an individual to meet ‘‘(cc) may only be disseminated in response federally recognized Indian tribe, may be a documentation requirement under this to an individual photo tool query. used to reliably establish identity or em- subsection on a temporary basis not to ex- ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ployment authorized status, the Secretary— ceed 1 year, after which time the individual ‘‘(I) USE REQUIREMENT.—An employer seek- ‘‘(i) may allow the use of that document or ing to hire an individual whose identity is class of documents for purposes of this sub- shall provide documentation sufficient to not able to be verified using the photo tool section after publication in the Federal Reg- satisfy the documentation requirements described in clause (iii), because the em- ister and an opportunity for public comment; under this subsection. ployee did not present a covered document ‘‘(ii) shall publish a description of any such ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- for employment eligibility verification pur- document or class of documents on the U.S. FICATION CARDS.—Nothing in this section poses, shall verify the identity of such indi- Citizenship and Immigration Services may be construed to directly or indirectly vidual using the additional security meas- website; and authorize the issuance, use, or establishment ures described in subclause (II). ‘‘(iii) shall directly notify all employers of a national identification card. ‘‘(II) DEVELOPMENT REQUIREMENT.—The registered within the System of the addition ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— Secretary shall develop, after publication in through appropriate means. ‘‘(1) IN GENERAL.— the Federal Register and an opportunity for ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- ‘‘(A) ESTABLISHMENT.—The Secretary, in public comment, specific and effective addi- MENT AUTHORIZATION.—An individual, upon consultation with the Commissioner, shall tional security measures to adequately commencing employment with an employer, establish the Employment Verification Sys- verify the identity of an individual whose shall— tem. identity is not able to be verified using the ‘‘(A) attest, under penalty of perjury, on ‘‘(B) MONITORING.—The Secretary shall cre- photo tool described in clause (iii). Such ad- the form prescribed by the Secretary, that ate the necessary processes to monitor— ditional security measures— the individual is— ‘‘(i) the functioning of the System, includ- ‘‘(aa) shall be kept up-to-date with techno- ‘‘(i) a citizen of the United States; ing the volume of the workflow, the speed of logical advances; ‘‘(ii) an alien lawfully admitted for perma- processing of queries, the speed and accuracy ‘‘(bb) shall provide a means of identity au- nent residence; of responses; thentication in a manner that provides a ‘‘(iii) an alien who has employment author- ‘‘(ii) the misuse of the System, including high level of certainty as to the identity of ized status; or the prevention of fraud or identity theft; such individual, using immigration and iden- ‘‘(iv) otherwise authorized by the Sec- ‘‘(iii) whether the use of the System re- tifying information that may include review retary to be hired for such employment; sults in wrongful adverse actions or discrimi- of identity documents or background screen- ‘‘(B) provide such attestation by a hand- nation based upon a prohibited factor ing verification techniques using publicly written, electronic, or digital signature; and against citizens or nationals of the United available information; and ‘‘(C) provide the individual’s social secu- States or individuals who have employment ‘‘(cc) shall be incorporated into the System rity account number to the Secretary, unless authorized status; and and made available to employers not later the individual has not yet been issued such a ‘‘(iv) the security, integrity, and privacy of than 1 year after the date on which regula- number, on such form as the Secretary may the System. tions are published implementing subsection require. ‘‘(C) PROCEDURES.—The Secretary— (d). ‘‘(3) RETENTION OF VERIFICATION RECORD.— ‘‘(i) shall create processes to provide an in- ‘‘(III) COMPREHENSIVE USE.—An employer ‘‘(A) IN GENERAL.—After completing a form dividual with direct access to the individ- may employ the additional security meas- for an individual in accordance with para- ual’s case history in the System, including— ures set forth in this clause with respect to graphs (1) and (2), the employer shall retain ‘‘(I) the identities of all persons or entities all individuals the employer hires if the em- a version of such completed form and make that have queried the individual through the ployer notifies the Secretary of such election such form available for inspection by the System; at the time the employer registers for use of Secretary or the Office of Special Counsel for ‘‘(II) the date of each such query; and the System under subsection (d)(4)(A)(i) or Immigration-Related Unfair Employment ‘‘(III) the System response for each such anytime thereafter. An election under this Practices of the Department of Justice dur- query; and subclause may be withdrawn 90 days after ing the period beginning on the hiring date ‘‘(ii) in consultation with the Commis- the employer notifies the Secretary of the of the individual and ending on the later of— sioner, shall develop—

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5286 CONGRESSIONAL RECORD — SENATE June 26, 2013 ‘‘(I) protocols to notify an individual, in a rity, Economic Opportunity, and Immigra- ticipation with the Secretary and, when hir- timely manner through the use of electronic tion Modernization Act) shall participate in ing any individual for employment in the correspondence or mail, that a query for the the System with respect to all newly hired United States, shall comply with the fol- individual has been processed through the employees and employees with expiring tem- lowing: System; or porary employment authorization docu- ‘‘(i) REGISTRATION OF EMPLOYERS.—The ‘‘(II) a process for the individual to submit ments. An agricultural employee shall not be Secretary, through notice in the Federal additional queries to the System or notify counted for purposes of subparagraph (D), Register, shall prescribe procedures that em- the Secretary of potential identity fraud. (E), or (F). ployers shall be required to follow to register ‘‘(2) PARTICIPATION REQUIREMENTS.— ‘‘(H) ALL EMPLOYERS.—Not later than 4 with the System. ‘‘(A) FEDERAL GOVERNMENT.—Except as years after regulations are published imple- ‘‘(ii) UPDATING INFORMATION.—The em- provided in subparagraph (B), all agencies menting this subsection, all employers shall ployer is responsible for providing notice of and departments in the executive, legisla- participate in the System with respect to all any change to the information required tive, or judicial branches of the Federal Gov- newly hired employees and employees with under subclauses (I), (II), and (III) of clause ernment shall participate in the System be- expiring temporary employment authoriza- (v) before conducting any further inquiries ginning on the earlier of— tion documents. within the System, or on such other schedule ‘‘(i) the date of the enactment of the Bor- ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— as the Secretary may prescribe. der Security, Economic Opportunity, and ‘‘(i) RULEMAKING.—In developing regula- ‘‘(iii) TRAINING.—The Secretary shall re- Immigration Modernization Act, to the ex- tions to implement this subsection, the Sec- quire employers to undergo such training as tent required under section 402(e)(1) of the Il- retary shall— the Secretary determines to be necessary to legal Immigration Reform and Immigrant ‘‘(I) consider the effects of this section on ensure proper use, protection of civil rights Responsibility Act of 1996 (division C of Pub- federally recognized Indian tribes and tribal and civil liberties, privacy, integrity, and se- lic Law 104–208; 8 U.S.C. 1324a) and as already members; and curity of the System. To the extent prac- implemented by each agency or department; ‘‘(II) consult with the governments of fed- ticable, such training shall be made avail- or erally recognized Indian tribes. able electronically on the U.S. Citizenship ‘‘(ii) the date that is 90 days after the date ‘‘(ii) REQUIRED PARTICIPATION.—Not later and Immigration Services website. of the enactment of the Border Security, than 4 years after regulations are published ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The Economic Opportunity, and Immigration implementing this subsection, all employers employer shall inform individuals hired for Modernization Act. owned by, or entities of, the government of a employment that the System— ‘‘(B) FEDERAL CONTRACTORS.—Federal con- federally recognized Indian tribe shall par- ‘‘(I) will be used by the employer; tractors shall participate in the System as ticipate in the System with respect to all ‘‘(II) may be used for immigration enforce- provided in the final rule relating to employ- newly hired employees and employees with ment purposes; and ment eligibility verification published in the expiring temporary employment authoriza- ‘‘(III) may not be used to discriminate or Federal Register on November 14, 2008 (73 tion documents. to take adverse action against a national of Fed. Reg. 67,651), or any similar subsequent ‘‘(J) IMMIGRATION LAW VIOLATORS.— the United States or an alien who has em- regulation, for which purpose references to ‘‘(i) ORDERS FINDING VIOLATIONS.—An order ployment authorized status. E-Verify in the final rule shall be construed finding any employer to have violated this ‘‘(v) PROVISION OF ADDITIONAL INFORMA- to apply to the System. section or section 274C may, in the Sec- TION.—The employer shall obtain from the ‘‘(C) CRITICAL INFRASTRUCTURE.— retary’s discretion, require the employer to individual (and the individual shall provide) ‘‘(i) IN GENERAL.—Beginning on the date participate in the System with respect to and shall record in such manner as the Sec- that is 1 year after the date on which regula- newly hired employees and employees with retary may specify— tions are published implementing this sub- expiring temporary employment authoriza- ‘‘(I) the individual’s social security ac- section, the Secretary may authorize or di- tion documents, if such employer is not oth- count number; rect any employer, person, or entity respon- erwise required to participate in the System ‘‘(II) if the individual does not attest to sible for granting access to, protecting, se- under this section. The Secretary shall mon- United States citizenship or status as a na- curing, operating, administering, or regu- itor such employer’s compliance with Sys- tional of the United States under subsection lating part of the critical infrastructure (as tem procedures. (c)(2), such identification or authorization defined in section 1016(e) of the Critical In- ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— number established by the Department as frastructure Protection Act of 2001 (42 U.S.C. The Secretary may require an employer that the Secretary shall specify; and 5195c(e))) to participate in the System to the is required to participate in the System with ‘‘(III) such other information as the Sec- extent the Secretary determines that such respect to newly hired employees to partici- retary may require to determine the identity participation will assist in the protection of pate in the System with respect to the em- and employment authorization of an indi- the critical infrastructure. ployer’s current employees if the employer is vidual. ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The determined by the Secretary or other appro- ‘‘(vi) PRESENTATION OF DOCUMENTATION.— Secretary shall notify an employer required priate authority to have engaged in a pat- The employer, and the individual whose to participate in the System under this sub- tern or practice of violations of the immigra- identity and employment authorized status paragraph not later than 90 days before the tion laws of the United States. are being confirmed, shall fulfill the require- date on which the employer is required to ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- ments under subsection (c). participate. retary may permit any employer that is not ‘‘(B) SEEKING CONFIRMATION.— ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- required to participate in the System under ‘‘(i) IN GENERAL.—An employer shall use PLOYEES.—Not later than 1 year after regula- this section to do so on a voluntary basis. the System to confirm the identity and em- tions are published implementing this sub- ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ployment authorized status of any individual section, all employers with more than 10,000 PATE.— during— employees shall participate in the System ‘‘(A) IN GENERAL.—Except as provided in ‘‘(I) the period beginning on the date on with respect to all newly hired employees subparagraph (B), the failure, other than a which the individual accepts an offer of em- and employees with expiring temporary em- de minimis or inadvertent failure, of an em- ployment and ending 3 business days after ployment authorization documents. ployer that is required to participate in the the date on which employment begins; or ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- System to comply with the requirements of ‘‘(II) such other reasonable period as the PLOYEES.—Not later than 2 years after regu- the System with respect to an individual— Secretary may prescribe. lations are published implementing this sub- ‘‘(i) shall be treated as a violation of sub- ‘‘(ii) LIMITATION.—An employer may not section, all employers with more than 500 section (a)(1)(B) with respect to that indi- make the starting date of an individual’s em- employees shall participate in the System vidual; and ployment or training or any other term and with respect to all newly hired employees ‘‘(ii) creates a rebuttable presumption that condition of employment dependent on the and employees with expiring temporary em- the employer has violated paragraph (1)(A) receipt of a confirmation of identity and em- ployment authorization documents. or (2) of subsection (a). ployment authorized status by the System. ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- ‘‘(B) EXCEPTION.— ‘‘(iii) REVERIFICATION.—If an individual has PLOYEES.—Not later than 3 years after regu- ‘‘(i) IN GENERAL.—Subparagraph (A) shall a limited period of employment authorized lations are published implementing this sub- not apply in a criminal prosecution. status, the individual’s employer shall section, all employers with more than 20 em- ‘‘(ii) USE AS EVIDENCE.—Nothing in this reverify such status through the System not ployees shall participate in the System with paragraph may be construed to limit the use later than 3 business days after the last day respect to all newly hired employees and em- in the prosecution of a Federal crime, in a of such period. ployees with expiring temporary employ- manner otherwise consistent with Federal ‘‘(iv) OTHER EMPLOYMENT.—For employers ment authorization documents. criminal law and procedure, of evidence re- directed by the Secretary to participate in ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not lating to the employer’s failure to comply the System under paragraph (2)(C)(i) to pro- later than 4 years after regulations are pub- with requirements of the System. tect critical infrastructure or otherwise lished implementing this subsection, em- ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE specified circumstances in this section to ployers of employees performing agricultural SYSTEM.— verify their entire workforce, the System employment (as defined in section 218A of ‘‘(A) IN GENERAL.—An employer partici- may be used for initial verification of an in- this Act and section 2202 of the Border Secu- pating in the System shall register such par- dividual who was hired before the employer

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became subject to the System, and the em- ‘‘(II) CONTEST.—Not later than 10 business ministrative law judge pursuant to para- ployer shall initiate all required procedures days after receiving notification of a further graph (7). The nonconfirmation notice shall on or before such date as the Secretary shall action notice under subclause (I), the indi- be given to the individual in writing and the specify. vidual shall contact the appropriate Federal employer shall acknowledge in the System ‘‘(v) NOTIFICATION.— agency and, if the Secretary so requires, ap- under penalty of perjury that it provided the ‘‘(I) IN GENERAL.—The Secretary shall pro- pear in person for purposes of verifying the notice (or adequately attempted to provide vide, and the employer shall utilize, as part individual’s identity and employment eligi- notice, but was unable to do so despite rea- of the System, a method of notifying em- bility. The Secretary, in consultation with sonable efforts). The individual shall affirm- ployers of a confirmation or nonconfirma- the Commissioner and other appropriate atively acknowledge in writing, or in such tion of an individual’s identity and employ- Federal agencies, shall specify an available other manner as the Secretary may pre- ment authorized status, or a notice that fur- secondary verification procedure to confirm scribe, the receipt of the nonconfirmation ther action is required to verify such iden- the validity of information provided and to notice from the employer. If the individual tity or employment eligibility (referred to in provide a confirmation or nonconfirmation. refuses or fails to acknowledge the receipt of this subsection as a further action notice). Any procedures for reexamination shall not the nonconfirmation notice, the employer ‘‘(II) PROCEDURES.—The Secretary shall— limit in any way an employee’s right to ap- shall notify the Secretary in such manner as ‘‘(aa) directly notify the individual and the peal a nonconfirmation. the Secretary may prescribe. employer, by means of electronic cor- ‘‘(III) NO CONTEST.—If the individual re- ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— respondence, mail, text message, telephone, fuses to acknowledge receipt of the further ‘‘(i) TERMINATION OF CONTINUED EMPLOY- or other direct communication, of a noncon- action notice, acknowledges that the indi- MENT.—Except as provided in clause (iii), an firmation or further action notice; vidual will not contest the further action no- employer that has received a nonconfirma- ‘‘(bb) provide information about filing an tice as provided in subclause (I), or does not tion regarding an individual and has made administrative appeal under paragraph (6) contact the appropriate Federal agency reasonable efforts to notify the individual in and a filing for review before an administra- within the period specified in subclause (II), accordance with subparagraph (C)(iv) shall tive law judge under paragraph (7); and following expiration of the period specified terminate the employment of the individual ‘‘(cc) establish procedures to directly no- in subclause (II), a nonconfirmation shall be upon the expiration of the time period speci- tify the individual and the employer of a issued. The employer shall record the non- fied in paragraph (7). confirmation. confirmation in such manner as the Sec- ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- ‘‘(III) IMPLEMENTATION.—The Secretary retary may specify and terminate the indi- CONFIRMATION.—If the employer continues to may provide for a phased-in implementation vidual’s employment. An individual’s failure employ an individual after receiving noncon- of the notification requirements under this to contest a further action notice shall not firmation and exhaustion of all appeals or clause, as appropriate. The notification sys- be considered an admission of guilt with re- expiration of all rights to appeal if not ap- tem shall cover all inquiries not later than 1 spect to any violation of this section or any pealed, in violation of clause (i), a rebuttable year from the date of the enactment of the provision of law. presumption is created that the employer Border Security, Economic Opportunity, and ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— has violated paragraphs (1)(A) and (2) of sub- Immigration Modernization Act. Unless the period is extended in accordance section (a). Such presumption shall not ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— with this subclause, the System shall pro- apply in any prosecution under subsection ‘‘(i) INITIAL RESPONSE.— vide a confirmation or nonconfirmation not (k)(1). ‘‘(I) IN GENERAL.—Except as provided in later than 10 business days after the date on ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR subclause (II), the System shall provide— which the individual contests the further ac- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an ‘‘(aa) a confirmation of an individual’s tion notice under subclause (II). If the Sec- individual files an administrative appeal of identity and employment authorized status retary determines that good cause exists, the nonconfirmation within the time period or a further action notice at the time of the after taking into account adverse impacts to specified in paragraph (6)(A), or files for re- inquiry; and the employer, and including time to permit view with an administrative law judge speci- ‘‘(bb) an appropriate code indicating such the individual to obtain and provide needed fied in paragraph (7)(A), the employer shall confirmation or such further action notice. evidence of identity or employment eligi- not terminate the individual’s employment ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- bility, the Secretary shall extend the period under this subparagraph prior to the resolu- tem is unable to provide immediate con- for providing confirmation or nonconfirma- tion of the administrative appeal unless the firmation or further action notice for tech- tion for stated periods beyond 10 business Secretary or Commissioner terminates the nological reasons or due to unforeseen cir- days. When confirmation or nonconfirmation stay under paragraph (6)(B) or (7)(B). cumstances, the System shall provide a con- is provided, the confirmation system shall ‘‘(iv) WEEKLY REPORT.—The Director of firmation or further action notice not later provide an appropriate code indicating such U.S. Citizenship and Immigration Services than 3 business days after the initial inquiry. confirmation or nonconfirmation. shall submit a weekly report to the Assist- ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— ‘‘(V) REEXAMINATION.—Nothing in this sec- ant Secretary for Immigration and Customs If the employer receives an appropriate con- tion shall prevent the Secretary from estab- Enforcement that includes, for each indi- firmation of an individual’s identity and em- lishing procedures to reexamine a case where vidual who receives final nonconfirmation ployment authorized status under the Sys- a confirmation or nonconfirmation has been through the System— tem, the employer shall record the confirma- provided if subsequently received informa- ‘‘(I) the name of such individual; tion in such manner as the Secretary may tion indicates that the confirmation or non- ‘‘(II) his or her social security number or specify. confirmation may not have been correct. alien file number; ‘‘(iii) FURTHER ACTION NOTICE AND LATER Any procedures for reexamination shall not ‘‘(III) the name and contact information CONFIRMATION OR NONCONFIRMATION.— limit in any way an employee’s right to ap- for his or her current employer; and ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT peal a nonconfirmation. ‘‘(IV) any other critical information that THAT FURTHER ACTION IS REQUIRED.—Not later ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- the Assistant Secretary determines to be ap- than 3 business days after an employer re- ployer may not terminate employment or propriate. ceives a further action notice of an individ- take any other adverse action against an in- ‘‘(v) OTHER REFERRAL.—The Director of ual’s identity or employment eligibility dividual solely because of a failure of the in- U.S. Citizenship and Immigration Services under the System, or during such other rea- dividual to have identity and employment shall refer to the Assistant Secretary for Im- sonable time as the Secretary may prescribe, eligibility confirmed under this subsection migration and Customs Enforcement for ap- the employer shall notify the individual for until— propriate action by the Assistant Secretary whom the confirmation is sought of the fur- ‘‘(aa) a nonconfirmation has been issued; or for referral by the Assistant Secretary to ther action notice and any procedures speci- ‘‘(bb) if the further action notice was con- another law enforcement agency, as appro- fied by the Secretary for addressing such no- tested, the period to timely file an adminis- priate— tice. The further action notice shall be given trative appeal has expired without an appeal ‘‘(I) any case in which the Director believes to the individual in writing and the em- or the contestation to the further action no- that a social security number has been false- ployer shall acknowledge in the System tice is withdrawn; or ly or fraudulently used; and under penalty of perjury that it provided the ‘‘(cc) if an appeal before an administrative ‘‘(II) any case in which a false or fraudu- employee with the further action notice. The law judge under paragraph (7) has been filed, lent document is used by an employee who individual shall affirmatively acknowledge the nonconfirmation has been upheld or the has received a further action notice to re- in writing, or in such other manner as the appeal has been withdrawn or dismissed. solve such notice. Secretary may specify, the receipt of the fur- ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not ‘‘(E) OBLIGATION TO RESPOND TO QUERIES ther action notice from the employer. If the later than 3 business days after an employer AND ADDITIONAL INFORMATION.— individual refuses to acknowledge the re- receives a nonconfirmation, or during such ‘‘(i) IN GENERAL.—Employers shall comply ceipt of the further action notice, or ac- other reasonable time as the Secretary may with requests for information from the Sec- knowledges in writing that the individual provide, the employer shall notify the indi- retary and the Special Counsel for Immigra- will not contest the further action notice vidual who is the subject of the nonconfirma- tion-Related Unfair Employment Practices under subclause (II), the employer shall no- tion, and provide information about filing an of the Department of Justice, including que- tify the Secretary in such manner as the administrative appeal pursuant to paragraph ries concerning current and former employ- Secretary may specify. (6) and a request for a hearing before an ad- ees, within the time frame during which

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The stay identity theft in the use of the System. Fail- general public concerning employer and em- shall remain in effect until the resolution of ure to comply with a request under this ployee rights, responsibilities, and remedies the appeal, unless the Secretary or the Com- clause constitutes a violation of subsection under this section; and missioner terminates the stay based on a de- (a)(1)(B). ‘‘(II) shall be coordinated with the public termination that the administrative appeal ‘‘(ii) ACTION BY INDIVIDUALS.— education campaign conducted by U.S. Citi- is frivolous or filed for purposes of delay. ‘‘(I) IN GENERAL.—Individuals being zenship and Immigration Services. ‘‘(C) REVIEW FOR ERROR.—The Secretary verified through the System may be required ‘‘(iii) ASSESSMENT.—The Secretary shall and the Commissioner shall develop proce- to take further action to address questions assess the success of the campaign in achiev- dures for resolving administrative appeals identified by the Secretary or the Commis- ing the goals of the campaign. regarding nonconfirmations based upon the sioner regarding the documents relied upon ‘‘(iv) AUTHORITY TO CONTRACT.—In order to information that the individual has pro- for purposes of subsection (c). carry out and assess the campaign under this vided, including any additional evidence or ‘‘(II) NOTIFICATION.—Not later than 3 busi- subparagraph, the Secretary may, to the ex- argument that was not previously consid- ness days after the receipt of such questions tent deemed appropriate and subject to the ered. Any such additional evidence or argu- regarding an individual, or during such other availability of appropriations, contract with ment shall be filed within 10 business days of reasonable time as the Secretary may pre- public and private organizations for outreach the date the appeal was originally filed. Ap- scribe, the employer shall— and assessment activities under the cam- peals shall be resolved within 20 business ‘‘(aa) notify the individual of any such re- paign. days after the individual has submitted all quirement for further actions; and ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— evidence and arguments the individual wish- ‘‘(bb) record the date and manner of such There are authorized to be appropriated to es to submit, or has stated in writing that notification. carry out this paragraph $40,000,000 for each there is no additional evidence that the indi- ‘‘(III) ACKNOWLEDGMENT.—The individual of the fiscal years 2014 through 2016. vidual wishes to submit. The Secretary and shall acknowledge the notification received ‘‘(H) AUTHORITY TO MODIFY INFORMATION the Commissioner may, on a case by case from the employer under subclause (II) in REQUIREMENTS.—Based on a regular review of basis for good cause, extend the filing and writing, or in such other manner as the Sec- the System and the document verification submission period in order to ensure accu- retary may prescribe. procedures to identify misuse or fraudulent rate resolution of an appeal before the Sec- ‘‘(iii) RULEMAKING.— use and to assess the security of the docu- retary or the Commissioner. ‘‘(I) IN GENERAL.—The Secretary, in con- ments and processes used to establish iden- ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- sultation with the Commissioner and the At- tity or employment authorized status, the ministrative appeal under this paragraph torney General, is authorized to issue regula- Secretary, in consultation with the Commis- shall be limited to whether a nonconfirma- tions implementing, clarifying, and sioner, after publication of notice in the Fed- tion notice is supported by a preponderance supplementing the requirements under this eral Register and an opportunity for public of the evidence. subparagraph— comment, may modify, if the Secretary de- ‘‘(E) DAMAGES, FEES, AND COSTS.—No ‘‘(aa) to facilitate the functioning, accu- termines that the modification is necessary money damages, fees or costs may be award- racy, and fairness of the System; to ensure that the System accurately and re- ed in the administrative appeal process ‘‘(bb) to prevent misuse, discrimination, liably determines the identity and employ- under this paragraph. fraud, or identity theft in the use of the Sys- ment authorized status of employees and ‘‘(7) REVIEW BY ADMINISTRATIVE LAW tem; or maintain existing protections against mis- JUDGE.— ‘‘(cc) to protect and maintain the confiden- use, discrimination, fraud, and identity ‘‘(A) IN GENERAL.—Not later than 30 days tiality of information that could be used to theft— after the date an individual receives a final locate or otherwise place at risk of harm vic- ‘‘(i) the information that shall be pre- determination on an administrative appeal tims of domestic violence, dating violence, sented to the employer by an individual; under paragraph (6), the individual may ob- sexual assault, stalking, and human traf- ‘‘(ii) the information that shall be provided tain review of such determination by filing a ficking, and of the applicant or beneficiary to the System by the employer; and complaint with a Department of Justice ad- of any petition described in section 384(a)(2) ‘‘(iii) the procedures that shall be followed ministrative law judge in accordance with of the Illegal Immigration Reform and Immi- by employers with respect to the process of this paragraph. grant Responsibility Act of 1996 (8 U.S.C. verifying an individual through the System. ‘‘(B) STAY OF NONCONFIRMATION.—The non- 1367(a)(2)). ‘‘(I) SELF-VERIFICATION.—Subject to appro- confirmation related to such final deter- ‘‘(II) NOTICE.—The regulations issued under priate safeguards to prevent misuse of the mination shall be automatically stayed upon subclause (I) shall be— system, the Secretary, in consultation with the timely filing of a complaint under this ‘‘(aa) published in the Federal Register; the Commissioner, shall establish a secure paragraph, and the stay shall remain in ef- and self-verification procedure to permit an indi- fect until the resolution of the complaint, ‘‘(bb) provided directly to all employers vidual who seeks to verify the individual’s unless the administrative law judge deter- registered in the System. own employment eligibility to contact the mines that the action is frivolous or filed for ‘‘(F) DESIGNATED AGENTS.—The Secretary appropriate agency and, in a timely manner, purposes of delay. shall establish a process— correct or update the information contained ‘‘(C) SERVICE.—The respondent to com- ‘‘(i) for certifying, on an annual basis or at in the System. plaint filed under this paragraph is either such times as the Secretary may prescribe, ‘‘(5) PROTECTION FROM LIABILITY FOR AC- the Secretary or the Commissioner, but not designated agents and other System service TIONS TAKEN ON THE BASIS OF INFORMATION both, depending upon who issued the admin- providers seeking access to the System to PROVIDED BY THE SYSTEM.—An employer shall istrative order under paragraph (6). In addi- perform verification queries on behalf of em- not be liable to a job applicant, an employee, tion to serving the respondent, the plaintiff ployers, based upon training, usage, privacy, the Federal Government, or a State or local shall serve the Attorney General. and security standards prescribed by the government, under Federal, State, or local ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW Secretary; criminal or civil law for any employment-re- JUDGE.— ‘‘(ii) for ensuring that designated agents lated action taken with respect to a job ap- ‘‘(i) RULES OF PRACTICE.—The Secretary and other System service providers are sub- plicant or employee in good faith reliance on shall promulgate regulations regarding the ject to monitoring to the same extent as di- information provided by the System. rules of practice in appeals brought pursuant rect access users; and ‘‘(6) ADMINISTRATIVE APPEAL.— to this subsection. ‘‘(iii) for establishing standards for certifi- ‘‘(A) IN GENERAL.—An individual who is no- ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW cation of electronic I–9 programs. tified of a nonconfirmation may, not later JUDGE.—The administrative law judge shall ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- than 10 business days after the date that have power to— TION.— such notice is received, file an administra- ‘‘(I) terminate a stay of a nonconfirmation ‘‘(i) IN GENERAL.—No later than 3 months tive appeal of such nonconfirmation with the under subparagraph (B) if the administrative after the date of the enactment of the Border Commissioner if the notice is based on law judge determines that the action is friv- Security, Economic Opportunity, and Immi- records maintained by the Commissioner, or olous or filed for purposes of delay; gration Modernization Act, the Secretary, in in any other case, with the Secretary. An in- ‘‘(II) adduce evidence at a hearing; consultation with the Secretary of Labor, dividual who did not timely contest a further ‘‘(III) compel by subpoena the attendance the Secretary of Agriculture, the Commis- action notice timely received by that indi- of witnesses and the production of evidence sioner, the Attorney General, the Equal Em- vidual for which the individual acknowl- at any designated place or hearing; ployment Opportunity Commission, and the edged receipt may not be granted a review ‘‘(IV) resolve claims of identity theft; and Administrator of the Small Business Admin- under this paragraph. ‘‘(V) enter, upon the pleadings and any evi- istration, shall commence a campaign to dis- ‘‘(B) ADMINISTRATIVE STAY OF NONCON- dence adduced at a hearing, a decision af- seminate information respecting the proce- FIRMATION.—The nonconfirmation shall be firming or reversing the result of the agency,

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5289 with or without remanding the cause for a which the employer resides or transacts identity of an individual that are designed rehearing. business. and operated— ‘‘(iii) SUBPOENA.—In case of contumacy or ‘‘(8) MANAGEMENT OF THE SYSTEM.— ‘‘(I) to use state-of-the-art technology to refusal to obey a subpoena lawfully issued ‘‘(A) IN GENERAL.—The Secretary is author- determine to a high degree of accuracy under this section and upon application of ized to establish, manage, and modify the whether an individual presenting biographic the administrative law judge, an appropriate System, which shall— information is the individual with that true district court of the United States may issue ‘‘(i) respond to inquiries made by partici- identity; an order requiring compliance with such sub- pating employers at any time through the ‘‘(II) to retain under the control of the Sec- poena and any failure to obey such order internet, or such other means as the Sec- retary the use of all determinations commu- may be punished by such court as a con- retary may designate, concerning an individ- nicated by the System, regardless of the en- tempt of such court. ual’s identity and whether the individual is tity operating the system pursuant to a con- ‘‘(iv) TRAINING.—An administrative law in employment authorized status; tract or other agreement with a nongovern- judge hearing cases shall have special train- ‘‘(ii) maintain records of the inquiries that mental entity or entities to the extent help- ing respecting employment authorized status were made, of confirmations provided (or not ful in acquiring the best technology to im- verification. provided), and of the codes provided to em- plement the additional security measures; ‘‘(E) ORDER BY ADMINISTRATIVE LAW ployers as evidence of their compliance with ‘‘(III) to be integrated with the System so JUDGE.— their obligations under the System; and that employment authorizations will be de- ‘‘(i) IN GENERAL.—The administrative law ‘‘(iii) provide information to, and require termined for all individuals identified as pre- judge shall issue and cause to be served to action by, employers and individuals using senting their true identities through the the parties in the proceeding an order which the System. databases maintained by the Commissioner may be appealed as provided in subparagraph ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— of Social Security and the Secretary; (G). The System shall be designed and operated— ‘‘(IV) to use tools and processes to detect ‘‘(ii) CONTENTS OF ORDER.—Such an order ‘‘(i) to maximize its reliability and ease of and prevent further action notices and final shall uphold or reverse the final determina- use by employers consistent with protecting nonconfirmations that are not correlated to tion on the request for reconsideration and the privacy and security of the underlying order lost wages and other appropriate rem- information, and ensuring full notice of such fraud or identity theft; edies as provided in subparagraph (F). use to employees; ‘‘(V) to make risk-based assessments re- garding the reliability of a claim of identity ‘‘(F) COMPENSATION FOR ERROR.— ‘‘(ii) to maximize its ease of use by em- made by an individual presenting biographic ‘‘(i) IN GENERAL.—In cases in which the ad- ployees, including direct notification of its ministrative law judge reverses the final de- use, of results, and ability to challenge re- information and to tailor the identity deter- termination of the Secretary or the Commis- sults; mination in accordance with those assess- sioner made under paragraph (6), and the ad- ‘‘(iii) to respond accurately to all inquiries ments; ministrative law judge finds that— made by employers on whether individuals ‘‘(VI) to permit queries to be presented to ‘‘(I) the nonconfirmation was due to gross are authorized to be employed and to reg- individuals subject to identity verification negligence or intentional misconduct of the ister any times when the system is unable to at the time their identities are being verified employer, the administrative law judge may receive inquiries; in a manner that permits rapid communica- order the employer to pay the individual lost ‘‘(iv) to maintain appropriate administra- tion through Internet, mobile phone, and wages, and reasonable costs and attorneys’ tive, technical, and physical safeguards to landline telephone connections to facilitate fees incurred during administrative and judi- prevent unauthorized disclosure of personal identity proofing; cial review; or information, misuse by employers and em- ‘‘(VII) to generate queries that conform to ‘‘(II) such final determination was erro- ployees, and discrimination; the context of the identity verification proc- neous by reason of the negligence of the Sec- ‘‘(v) to require regularly scheduled re- ess and the circumstances of the individual retary or the Commissioner, the administra- fresher training of all users of the System to whose identity is being verified; tive law judge may order the Secretary or ensure compliance with all procedures; ‘‘(VIII) to use publicly available databases the Commissioner to pay the individual lost ‘‘(vi) to allow for auditing of the use of the and databases under the jurisdiction of the wages, and reasonable costs and attorneys’ System to detect misuse, discrimination, Commissioner of Social Security, the Sec- fees incurred during the administrative ap- fraud, and identity theft, to protect privacy retary, and the Secretary of State to formu- peal and the administrative law judge re- and assess System accuracy, and to preserve late queries to be presented to individuals view. the integrity and security of the information whose identities are being verified, as appro- ‘‘(ii) CALCULATION OF LOST WAGES.—Lost in all of the System, including— priate; wages shall be calculated based on the wage ‘‘(I) to develop and use tools and processes ‘‘(IX) to not retain data collected by the rate and work schedule that prevailed prior to detect or prevent fraud and identity theft, System within any database separate from to termination. The individual shall be com- such as multiple uses of the same identifying the database in which the operating system pensated for wages lost beginning on the information or documents to fraudulently is located and to limit access to the existing first scheduled work day after employment gain employment; databases to a reference process that shields was terminated and ending 120 days after ‘‘(II) to develop and use tools and processes the operator of the System from acquiring completion of the administrative law judge’s to detect and prevent misuse of the system possession of the data beyond the formula- review described in this paragraph or the day by employers and employees; tion of queries and verification of responses; after the individual is reinstated or obtains ‘‘(III) to develop tools and processes to de- ‘‘(X) to not permit individuals or entities employment elsewhere, whichever occurs tect anomalies in the use of the system that using the System to access any data related first. If the individual obtains employment may indicate potential fraud or misuse of to the individuals whose identities are being elsewhere at a lower wage rate, the indi- the system; verified beyond confirmations, further ac- vidual shall be compensated for the dif- ‘‘(IV) to audit documents and information tion notices, and final nonconfirmations of ference in wages for the period ending 120 submitted by employees to employers, in- identity; days after completion of the administrative cluding authority to conduct interviews with ‘‘(XI) to include, if feasible, a capability law judge review process. No lost wages shall employers and employees, and obtain infor- for permitting document or other inputs be awarded for any period of time during mation concerning employment from the that can be offered to individuals and enti- which the individual was not in employment employer; ties using the System and that may be used authorized status. ‘‘(vii) to confirm identity and employment at the option of employees to facilitate iden- ‘‘(iii) PAYMENT OF COMPENSATION.—Not- authorization through verification and com- tity verification, but would not be required withstanding any other law, payment of parison of records as determined necessary of either employers or employees; and compensation for lost wages, costs, and at- by the Secretary; ‘‘(XII) to the greatest extent possible, in torneys’ fees under this paragraph, or com- ‘‘(viii) to confirm electronically the accordance with the time frames specified in promise settlements of the same, shall be issuance of the employment authorization or this section; and made as provided by section 1304 of title 31, identity document and— ‘‘(x) to provide appropriate notification di- United States Code. Appropriations made ‘‘(I) if such photograph is available, to dis- rectly to employers registered with the Sys- available to the Secretary or the Commis- play the digital photograph that the issuer tem of all changes made by the Secretary or sioner, accounts provided for under section placed on the document so that the employer the Commissioner related to allowed and 286, and funds from the Federal Old-Age and can compare the photograph displayed to the prohibited documents, and use of the Sys- Survivors Insurance Trust Fund or the Fed- photograph on the document presented by tem. eral Disability Insurance Trust Fund shall the employee; or ‘‘(C) SAFEGUARDS TO THE SYSTEM.— not be available to pay such compensation. ‘‘(II) if a photograph is not available from ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- ‘‘(G) APPEAL.—No later than 45 days after the issuer, to confirm the authenticity of the retary, in consultation with the Commis- the entry of such final order, any person ad- document using additional security meas- sioner and other appropriate Federal and versely affected by such final order may seek ures set forth in subsection (c)(1)(F)(iv); State agencies, shall develop policies and review of such order in the United States ‘‘(ix) to employ specific and effective addi- procedures to ensure protection of the pri- Court of Appeals for the circuit in which the tional security measures set forth in sub- vacy and security of personally identifiable violation is alleged to have occurred or in section (c)(1)(F)(iv) to adequately verify the information and identifiers contained in the

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5290 CONGRESSIONAL RECORD — SENATE June 26, 2013 records accessed or maintained by the Sys- who accessed the electronic record, and the vidual’s social security account number or tem. The Secretary, in consultation with the particular action taken. other identifying information for Commissioner and other appropriate Federal ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- verification by the System; and and State agencies, shall develop and deploy tion to the security measures described in ‘‘(II) for each individual being verified appropriate privacy and security training for clause (iv), a private third party vendor who through the System— the Federal and State employees accessing retains document verification or System ‘‘(aa) notify the individual that the indi- the records under the System. data pursuant to this section shall imple- vidual has the option to limit the use of the ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- ment an effective records security program individual’s social security account number ing through the Chief Privacy Officer of the that— or other identifying information for Department, shall conduct regular privacy ‘‘(I) provides for backup and recovery of verification by the System; and audits of the policies and procedures estab- any records maintained in electronic format ‘‘(bb) provide instructions to the individ- lished under clause (i) and the Department’s to protect against information loss, such as uals for exercising the option referred to in compliance with the limitations set forth in power interruptions; and item (aa). subsection (c)(1)(F)(iii)(IV), including any ‘‘(II) ensures that employees are trained to ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT collection, use, dissemination, and mainte- minimize the risk of unauthorized or acci- OF THEIR CHILD’S IDENTITY.—The Secretary, nance of personally identifiable information dental alteration or erasure of such data in in consultation with the Commissioner, shall and any associated information technology electronic format. establish a program that provides a reliable, systems, as well as scope of requests for this ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In secure method by which parents or legal this subparagraph, the term authorized per- information. The Chief Privacy Officer shall guardians may suspend or limit the use of sonnel means anyone registered as a System review the results of the audits and rec- the social security account number or other user, or anyone with partial or full responsi- ommend to the Secretary any changes nec- identifying information of a minor under bility for completion of employment author- essary to improve the privacy protections of their care for the purposes of the System. ization verification or retention of data in the program. The Secretary may implement the program connection with employment authorization ‘‘(iii) ACCURACY AUDITS.— on a limited pilot program basis before mak- verification on behalf of an employer. ‘‘(I) IN GENERAL.—Not later than November ing it fully available to all individuals. ‘‘(D) AVAILABLE FACILITIES AND ALTER- 30 of each year, the Inspector General of the ‘‘(vii) PROTECTION FROM MULTIPLE USE.— NATIVE ACCOMMODATIONS.—The Secretary Department of Homeland Security shall sub- shall make appropriate arrangements and The Secretary and the Commissioner shall mit a report to the Secretary, with a copy to develop standards to allow employers or em- establish a procedure for identifying and the President of the Senate and the Speaker ployees, including remote hires, who are oth- handling a situation in which a social secu- of the House of Representatives, that sets erwise unable to access the System to use rity account number has been identified to forth the error rate of the System for the electronic and telephonic formats (including be subject to unusual multiple use in the previous fiscal year and the assessments re- video conferencing, scanning technology, System or is otherwise suspected or deter- quired to be submitted by the Secretary and other available technologies), Federal mined to have been compromised by identity under subparagraphs (A) and (B) of para- Government facilities, public facilities, or fraud. Such procedure shall include notifying graph (10). The report shall describe in detail other available locations in order to utilize the legitimate holder of the social security the methodology employed for purposes of the System. number at the appropriate time. the report, and shall make recommendations ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— for how error rates may be reduced. ‘‘(i) IN GENERAL.—As part of the System, The Secretary shall establish or designate a ‘‘(II) ERROR RATE DEFINED.—In this clause, the Secretary shall maintain a reliable, se- monitoring and compliance unit to detect the term error rate means the percentage de- cure method, which, operating through the and reduce identity fraud and other misuse termined by dividing— System and within the time periods speci- of the System. ‘‘(aa) the number of employment author- fied, compares the name, alien identification ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- ized individuals who received further action or authorization number, or other informa- SESSMENTS.— notices, contested such notices, and were tion as determined relevant by the Sec- ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- subsequently found to be employment au- retary, provided in an inquiry against such retary shall conduct regular civil rights and thorized; by information maintained or accessed by the civil liberties assessments of the System, in- ‘‘(bb) the number of System inquiries sub- Secretary in order to confirm (or not con- cluding participation by employers, other mitted for employment authorized individ- firm) the validity of the information pro- private entities, and Federal, State, and uals. vided, the correspondence of the name and local government entities. ‘‘(III) ERROR RATE DETERMINATION.—The number, whether the alien has employment ‘‘(II) REQUIREMENT TO RESPOND.—Employ- audits required under this clause shall— authorized status (or, to the extent that the ers, other private entities, and Federal, ‘‘(aa) determine the error rate for identity Secretary determines to be feasible and ap- State, and local entities shall timely respond determinations pursuant to subsection propriate, whether the records available to to any request in connection with such an (c)(1)(F) for individuals presenting their true the Secretary verify the identity or status of assessment. identities in the same manner and applying a national of the United States), and such ‘‘(III) ASSESSMENT AND RECOMMENDA- the same standards as for employment au- other information as the Secretary may pre- TIONS.—The Officer for Civil Rights and Civil thorization; and scribe. Liberties of the Department shall review the ‘‘(bb) include recommendations, as pro- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the results of each such assessment and rec- vided in subclause (I), but no reduction in System, the Secretary shall establish a reli- ommend to the Secretary any changes nec- fines pursuant to subclause (IV). able, secure method, which, operating essary to improve the civil rights and civil ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- through the System, displays the digital liberties protections of the System. KEEPING OR VERIFICATION PRACTICES FOL- photograph described in subparagraph ‘‘(F) GRANTS TO STATES.— LOWING PERSISTENT SYSTEM INACCURACIES.— (B)(viii)(I). ‘‘(i) IN GENERAL.—The Secretary shall cre- Notwithstanding subsection (e)(4)(C)(i), in ‘‘(iii) TIMING OF NOTICES.—The Secretary ate and administer a grant program to help any calendar year following a report by the shall have authority to prescribe when a con- provide funding for reimbursement of the ac- Inspector General under subclause (I) that firmation, nonconfirmation, or further ac- tual costs to States that grant— the System had an error rate higher than 0.3 tion notice shall be issued. ‘‘(I) the Secretary access to driver’s license percent for the previous fiscal year, the civil ‘‘(iv) USE OF INFORMATION.—The Secretary information as needed to confirm that a penalty assessable by the Secretary or an ad- shall perform regular audits under the Sys- driver’s license presented under subsection ministrative law judge under that subsection tem, as described in subparagraph (B)(vi) and (c)(1)(D)(i) confirms the identity of the sub- for each first-time violation by an employer shall utilize the information obtained from ject of the System check, and that a driver’s who has not previously been penalized under such audits, as well as any information ob- license matches the State’s records; and this section may not exceed $1,000. tained from the Commissioner pursuant to ‘‘(II) such assistance as the Secretary may ‘‘(iv) RECORDS SECURITY PROGRAM.—Any part E of title XI of the Social Security Act request in order to resolve further action no- person, including a private third party ven- (42 U.S.C. 1301 et seq.), for the purposes of tices or nonconfirmations relating to such dor, who retains document verification or this section and to administer and enforce information. System data pursuant to this section shall the immigration laws. ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- implement an effective records security pro- ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- VACY PROTECTION ACT OF 1994.—The provision gram that— vent identity fraud, not later than 18 months of a photograph to the Secretary as de- ‘‘(I) ensures that only authorized personnel after the date of the enactment of the Border scribed in clause (i) may not be construed as have access to document verification or Sys- Security, Economic Opportunity, and Immi- a violation of section 2721 of title 18, United tem data; and gration Modernization Act, the Secretary States Code, and is a permissible use under ‘‘(II) ensures that whenever such data is shall— subsection (b)(1) of that section. created, completed, updated, modified, al- ‘‘(I) in consultation with the Commis- ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— tered, or corrected in electronic format, a se- sioner, establish a program to provide a reli- There is authorized to be appropriated to the cure record is created that establishes the able, secure method for an individual to tem- Secretary, from the Comprehensive Immi- date of access, the identity of the individual porarily suspend or limit the use of the indi- gration Reform Trust Fund established

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5291 under section 6(a)(1), $500,000,000 to carry out ‘‘(ii) Failure to provide required documents tionships and to strengthen overall hiring this subparagraph. in a timely manner. practices.’’. ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(iii) Attempting to use fraudulent docu- (c) TAXPAYER ADDRESS INFORMATION.—Sec- OF STATE.—As part of the System, the Sec- ments or documents not related to the indi- tion 6103(m) of the Internal Revenue Code of retary of State shall provide to the Sec- vidual. 1986 is amended by adding at the end the fol- retary access to passport and visa informa- ‘‘(iv) Misuse of the administrative appeal lowing: tion as needed to confirm that a passport, and judicial review process. ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- passport card, or visa presented under sub- ‘‘(F) An assessment of the amount of time NISHED TO SECRETARY OF HOMELAND SECU- section (c)(1)(C) confirms the identity of the taken for— RITY.—Upon written request from the Sec- subject of the System check, and that a pass- ‘‘(i) the System to provide the confirma- retary of Homeland Security, the Secretary port, passport card, or visa photograph tion or further action notice; shall disclose the mailing address of any tax- matches the Secretary of State’s records, ‘‘(ii) individuals to contest further action payer who is entitled to receive a notifica- and shall provide such assistance as the Sec- notices; tion from the Secretary of Homeland Secu- retary may request in order to resolve fur- ‘‘(iii) the System to provide a confirmation rity pursuant to paragraphs (1)(C) and ther action notices or nonconfirmations re- or nonconfirmation of a contested further (8)(E)(vii) of section 274A(d) of the Immigra- lating to such information. action notice; tion and Nationality Act (8 U.S.C. 1324a(d)) ‘‘(H) UPDATING INFORMATION.—The Com- ‘‘(iv) individuals to file an administrative for use only by employees of the Department missioner, the Secretary, and the Secretary appeal of a nonconfirmation; and of Homeland for the purpose of mailing such of State shall update their information in a ‘‘(v) resolving administrative appeals re- notification to such taxpayer.’’. manner that promotes maximum accuracy garding nonconfirmations. (d) SOCIAL SECURITY ACCOUNT STATE- and shall provide a process for the prompt ‘‘(11) ANNUAL GAO STUDY AND REPORT.— MENTS.—Section 1143(a)(2) of the Social Secu- correction of erroneous information. ‘‘(A) REQUIREMENT.—The Comptroller Gen- rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— eral shall, for each year, undertake a study Notwithstanding any other provision of law, to evaluate the accuracy, efficiency, integ- (1) in subparagraph (D), by striking ‘‘and’’ no department, bureau, or other agency of rity, and impact of the System. at the end; (2) in subparagraph (E), by striking the pe- the United States Government or any other ‘‘(B) REPORT.—Not later than 18 months entity shall utilize, share, or transmit any after the promulgation of regulations to im- riod at the end and inserting ‘‘; and’’; and information, database, or other records as- plement this subsection, and yearly there- (3) by adding at the end the following: sembled under this subsection for any pur- after, the Comptroller General shall submit ‘‘(F) to the extent resources are available, pose other than for employment verification to Congress a report containing the findings information in the Commissioner’s records or to ensure secure, appropriate and non- of the study carried out under this para- indicating that a query was submitted to the discriminatory use of the System. graph. Each such report shall include, at a employment verification system established under section 274A (d) of the Immigration ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— minimum, the following: Not later than 18 months after the promulga- ‘‘(i) An assessment of System performance and Nationality Act (8 U.S.C. 1324a(d)) under tion of regulations to implement this sub- with respect to the rate at which individuals that individual’s name or social security section, and annually thereafter, the Sec- who are eligible for employment in the number; and retary shall submit to Congress a report that United States are correctly approved within ‘‘(G) a toll-free telephone number operated includes the following: the required periods, including a separate as- by the Department of Homeland Security for ‘‘(A) An assessment, as submitted to the sessment of such rate for naturalized United employment verification system inquiries Secretary by the Inspector General of the States citizens, nationals of the United and a link to self-verification procedure es- Department of Homeland Security pursuant States, and aliens. tablished under section 274A(d)(4)(I) of such to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(ii) An assessment of the privacy and con- Act.’’. rates of further action notices and other Sys- fidentiality of the System and of the overall (e) GOOD FAITH COMPLIANCE.—Section tem notices provided by employers to indi- security of the System with respect to 274B(a) (8 U.S.C. 1324b(a)), as amended by sec- viduals who are authorized to be employed in cybertheft and theft or misuse of private tion 3105(a) of this Act, is further amended the United States. data. by adding at the end the following: ‘‘(B) An assessment, as submitted to the ‘‘(iii) An assessment of whether the Sys- ‘‘(10) TREATMENT OF CERTAIN VIOLATIONS Secretary by the Inspector General of the tem is being implemented in a manner that AFTER REASONABLE STEPS IN GOOD FAITH.— Department of Homeland Security pursuant is not discriminatory or used for retaliation Notwithstanding paragraphs (4), (6), and (7), to paragraph (8)(C)(iii)(I), of the accuracy against employees. a person, other entity, or employment agen- rates of further action notices and other Sys- ‘‘(iv) An assessment of the most common cy shall not be liable for civil penalties de- tem notices provided directly (by the Sys- causes for the erroneous issuance of noncon- scribed in section 274B(g)(2)(B)(iv) that are tem) in a timely fashion to individuals who firmations by the System and recommenda- related to a violation of any such paragraph are not authorized to be employed in the tions to correct such causes. if the person, entity, or employment agency United States. ‘‘(v) The recommendations of the Comp- has taken reasonable steps, in good faith, to ‘‘(C) An assessment of any challenges faced troller General regarding System improve- comply with such paragraphs at issue, unless by small employers in utilizing the System. ments. the person, other entity, or employment ‘‘(D) An assessment of the rate of employer ‘‘(vi) An assessment of the frequency and agency— noncompliance (in addition to failure to pro- magnitude of changes made to the System ‘‘(A) was, for similar conduct, subject to— vide required notices in a timely fashion) in and the impact on the ability for employers ‘‘(i) a reasonable cause determination by each of the following categories: to comply in good faith. the Office of Special Counsel for Immigra- ‘‘(i) Taking adverse action based on a fur- ‘‘(vii) An assessment of the direct and indi- tion Related Unfair Employment Practices; ther action notice. rect costs incurred by employers in com- or ‘‘(ii) Use of the System for nonemployees plying with the System, including costs as- ‘‘(ii) a finding by an administrative law or other individuals before they are offered sociated with retaining potential employees judge that a violation of this section has oc- employment. through the administrative appeals process curred; or ‘‘(iii) Use of the System to reverify em- and receiving a nonconfirmation. ‘‘(B) committed the violation in order to ployment authorized status of current em- ‘‘(viii) An assessment of any backlogs or interfere with ‘workplace rights’ (as defined ployees except if authorized to do so. delays in the System providing the con- in section 274A(b)(8)). ‘‘(iv) Use of the System selectively, except firmation or further action notice and im- ‘‘(11) GOOD FAITH.—As used in paragraph in cases in which such use is authorized. pacts to hiring by employers. (10), the term ‘good faith’ shall not include ‘‘(v) Use of the System to deny employ- ‘‘(ix) An assessment of the effect of the any action taken in order to interfere with ment or post-employment benefits or other- identity authentication mechanism and any ‘workplace rights’ (as defined in section wise interfere with labor rights. other security measures set forth in sub- 274A(b)(8)). Neither the Office of Special ‘‘(vi) Requiring employees or applicants to section (c)(1)(F)(iv) to verify identity incor- Counsel nor an administrative law judge use any self-verification feature or to pro- porated into the System or otherwise used hearing a claim under this section shall have vide self-verification results. by employers on employees. any authority to assess workplace rights ‘‘(vii) Discouraging individuals who receive ‘‘(12) OUTREACH AND PARTNERSHIP.— other than those guaranteed under this sec- a further action notice from challenging the ‘‘(A) OUTREACH.—The Secretary is author- tion. further action notice or appealing a deter- ized to conduct outreach and establish pro- ‘‘(12) RULES OF CONSTRUCTION.—Nothing in mination made by the System. grams to assist employers in verifying em- this section may be construed— ‘‘(E) An assessment of the rate of employee ployment authorization and preventing iden- ‘‘(A) to permit the Office of Special Coun- noncompliance in each of the following cat- tity fraud. sel for Immigration-Related Unfair Employ- egories: ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- ment Practices or an administrative law ‘‘(i) Obtaining employment when unau- retary may establish partnership initiatives judge hearing a claim under this Section to thorized with an employer complying with between the Federal Government and private enforce any workplace rights other than the System in good faith. sector employers to foster cooperative rela- those guaranteed under this section; or

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5292 CONGRESSIONAL RECORD — SENATE June 26, 2013 ‘‘(B) to prohibit any person, other entity, the requirements under subsection (d) to ‘‘(III) contains security features to make or employment agency from using an iden- verify that the individual has employment the document resistant to tampering, coun- tity verification system, service, or method authorized status. terfeiting, and fraudulent use. (in addition to the employment verification ‘‘(1) ATTESTATION AFTER EXAMINATION OF ‘‘(iii) An enhanced driver’s license or iden- system described in section 274A(d)), until DOCUMENTATION.— tification card issued to a national of the the date on which the employer is required ‘‘(A) IN GENERAL.— United States by a State, an outlying posses- to participate in the System under section ‘‘(i) EXAMINATION BY EMPLOYER.—An em- sion of the United States, or a federally rec- 274A(d)(2) and the additional security meas- ployer shall attest, under penalty of perjury ognized Indian tribe that— ures mandated by section 274A(c)(F)(iv) have on a form prescribed by the Secretary, that ‘‘(I) meets the requirements under section become available to verify the identity of a the employer has verified the identity and 202 of the REAL ID Act of 2005 (division B of newly hired employee, if such system— employment authorization status of the indi- Public Law 109–13; 49 U.S.C. 30301 note); and ‘‘(i) is used in a uniform manner for all vidual— ‘‘(II) the Secretary has certified by notice newly hired employees; ‘‘(I) by examining— published in the Federal Register and ‘‘(ii) is not used for the purpose or with the ‘‘(aa) a document specified in subparagraph through appropriate notice directly to em- intent of discriminating against any indi- (C); or ployers registered in the System 3 months vidual; ‘‘(bb) a document specified in subparagraph prior to publication that such enhanced li- cense or card is suitable for use under this ‘‘(iii) provides for timely notice to employ- (D) and a document specified in subpara- subparagraph based upon the accuracy and ees run through the system of a mismatch or graph (E); and security of the issuance process, security failure to confirm identity; and ‘‘(II) by utilizing an identity authentica- features on the document, and such other ‘‘(iv) sets out procedures for employees run tion mechanism described in clause (iii) or factors as the Secretary may prescribe. through the system to resolve a mismatch or (iv) of subparagraph (F). ‘‘(iv) A passport issued by the appropriate other failure to confirm identity. ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- authority of a foreign country accompanied ‘‘(13) LIABILITY.—A person, entity, or em- retary shall publish a picture of each docu- by a Form I–94 or Form I–94A (or similar suc- ployment agency that uses an identity ment specified in subparagraphs (C) and (E) cessor record), or other documentation as verification system, service, or method in a on the U.S. Citizenship and Immigration designated by the Secretary that specifies way that conflicts with the requirements set Services website. forth in paragraph (10) shall be subject to li- the individual’s status in the United States ‘‘(B) REQUIREMENTS.— and the duration of such status if the pro- ability under paragraph (4)(I).’’. ‘‘(i) FORM.—The form referred to in sub- (f) MAINTENANCE OF REASONABLE LEVELS OF posed employment is not in conflict with any paragraph (A)(i)— restriction or limitation specified on such SERVICE AND ENFORCEMENT.—Notwith- ‘‘(I) shall be prescribed by the Secretary standing section 3301(b)(1), amounts appro- form or documentation. not later than 6 months after the date of the ‘‘(v) A passport issued by the Federated priated pursuant to such section shall be enactment of the Border Security, Economic used to maintain reasonable levels of service States of Micronesia or the Republic of the Opportunity, and Immigration Moderniza- Marshall Islands with evidence of non- and enforcement rather than a specific nu- tion Act; meric increase in the number of Department immigrant admission to the United States ‘‘(II) shall be available as— under the Compact of Free Association be- personnel dedicated to administering the ‘‘(aa) a paper form; Employment Verification System. tween the United States and the Federated ‘‘(bb) a form that may be completed by an States of Micronesia or the Republic of the employer via telephone or video conference; SA 1728. Mr. PORTMAN (for himself Marshall Islands. ‘‘(cc) an electronic form; and ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF and Mr. TESTER) submitted an amend- ‘‘(dd) a form that is integrated electroni- INDIVIDUAL.—A document is specified in this ment intended to be proposed to cally with the requirements under subpara- subparagraph if the document is unexpired amendment SA 1240 proposed by Mrs. graph (F) and subsection (d). (unless the validity of the document is ex- BOXER (for herself and Ms. LANDRIEU) ‘‘(ii) ATTESTATION.—Each such form shall tended by law) and is 1 of the following: to the bill S. 744, to provide for com- require the employer to sign an attestation ‘‘(i) A driver’s license or identity card that prehensive immigration reform and for with a handwritten, electronic, or digital is not described in subparagraph (C)(iii) and signature, according to standards prescribed other purposes; which was ordered to is issued to an individual by a State or an by the Secretary. outlying possession of the United States, a lie on the table; as follows: ‘‘(iii) COMPLIANCE.—An employer has com- federally recognized Indian tribe, or an agen- At the appropriate place, insert the fol- plied with the requirements under this para- cy (including military) of the Federal Gov- lowing: graph with respect to examination of the ernment if the driver’s license or identity SEC. lll. EMPLOYMENT VERIFICATION SYSTEM documents included in subclauses (I) and (II) card includes, at a minimum— IMPROVEMENTS. of subparagraph (A)(i) if— ‘‘(I) the individual’s photograph, name, (a) TRIGGER.—In addition to the conditions ‘‘(I) the employer has, in good faith, fol- date of birth, gender, and driver’s license or set forth in section 3(c)(2)(A), the Secretary lowed applicable regulations and any written identification card number; and may not adjust the status of aliens who have procedures or instructions provided by the ‘‘(II) security features to make the license been granted registered provisional immi- Secretary; and or card resistant to tampering, counter- grant status, except for aliens granted blue ‘‘(II) a reasonable person would conclude feiting, and fraudulent use. card status under section 2201 of this Act or that the documentation is genuine and re- ‘‘(ii) A voter registration card. described in section 245D(b) of the Immigra- lates to the individual presenting such docu- ‘‘(iii) A document that complies with the tion and Nationality Act, unless the Sec- mentation. requirements under section 7209(b)(1) of the retary, after consultation with the Comp- ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY Intelligence Reform and Terrorism Preven- troller General of the United States, and as AND EMPLOYMENT AUTHORIZED STATUS.—A tion Act of 2004 (Public Law 108–458; 8 U.S.C. part of the written certification submitted document is specified in this subparagraph if 1185 note). to the President and Congress pursuant to the document is unexpired (unless the valid- ‘‘(iv) For individuals under 18 years of age section 3(c)(2)(A), certifies that the Sec- ity of the document is extended by law) and who are unable to present a document listed retary has implemented the mandatory em- is 1 of the following: in clause (i) or (ii), documentation of per- ployment verification system, including the ‘‘(i) A United States passport or passport sonal identity of such other type as the Sec- full incorporation of the photo tool and addi- card issued to an individual pursuant to the retary determines will provide a reliable tional security measures, required by section Secretary of State’s authority under the Act means of identification, which may include 274A of the Immigration and Nationality Act entitled An Act to regulate the issue and va- an attestation as to the individual’s identity (8 U.S.C. 1324a), as amended by section 3101, lidity of passports, and for other purposes, by a parent or legal guardian under penalty and has required the system’s use by all em- approved July 3, 1926 (22 U.S.C. 211a). of perjury. ployers to prevent unauthorized workers ‘‘(ii) A document issued to an alien evi- ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT from obtaining employment in the United dencing that the alien is lawfully admitted AUTHORIZATION.—A document is specified in States. for permanent residence or another docu- this subparagraph if the document is unex- (b) EMPLOYMENT VERIFICATION SYSTEM.— ment issued to an individual evidencing the pired (unless the validity of the document is Section 274A (8 U.S.C. 1324a), as amended by individual’s employment authorized status, extended by law) and is 1 of the following: section 3101, is further amended— as designated by the Secretary, if the docu- ‘‘(i) A social security account number card (1) in subsection (a)(5)(A)(ii), by inserting ment— issued by the Commissioner, other than a ‘‘, by clear and convincing evidence,’’ after ‘‘(I) contains a photograph of the indi- card which specifies on its face that the card demonstrates; and vidual, or such other personal identifying in- is not valid to evidence employment author- (2) by striking subsections (c) and (d) and formation relating to the individual as the ized status or has other similar words of lim- inserting the following: Secretary determines, by regulation, to be itation. ‘‘(c) DOCUMENT VERIFICATION REQUIRE- sufficient for the purposes of this subpara- ‘‘(ii) Any other documentation evidencing MENTS.—Any employer hiring an individual graph; employment authorized status that the Sec- for employment in the United States shall ‘‘(II) is evidence of employment authorized retary determines and publishes in the Fed- comply with the following requirements and status; and eral Register and through appropriate notice

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Such ad- the individual is— ‘‘(i) DEFINITIONS.—In this subparagraph: ditional security measures— ‘‘(i) a citizen of the United States; ‘‘(I) COVERED IDENTITY DOCUMENT.—The ‘‘(aa) shall be kept up-to-date with techno- ‘‘(ii) an alien lawfully admitted for perma- term ‘covered identity document’ means a logical advances; nent residence; valid— ‘‘(bb) shall provide a means of identity au- ‘‘(iii) an alien who has employment author- ‘‘(aa) United States passport, passport thentication in a manner that provides a ized status; or card, or a document evidencing lawful per- high level of certainty as to the identity of ‘‘(iv) otherwise authorized by the Sec- manent residence status or employment au- such individual, using immigration and iden- retary to be hired for such employment; thorized status issued to an alien; tifying information that may include review ‘‘(B) provide such attestation by a hand- of identity documents or background screen- written, electronic, or digital signature; and ‘‘(bb) enhanced driver’s license or identity ing verification techniques using publicly ‘‘(C) provide the individual’s social secu- card issued by a participating State or an available information; and rity account number to the Secretary, unless outlying possession of the United States; or ‘‘(cc) shall be incorporated into the System the individual has not yet been issued such a ‘‘(cc) photograph and appropriate identi- and made available to employers not later number, on such form as the Secretary may fying information provided by the Secretary than 1 year after the date on which regula- require. of State pursuant to the granting of a visa. tions are published implementing subsection ‘‘(3) RETENTION OF VERIFICATION RECORD.— ‘‘(II) PARTICIPATING STATE.—The term ‘par- (d). ‘‘(A) IN GENERAL.—After completing a form ticipating State’ means a State that has an ‘‘(III) COMPREHENSIVE USE.—An employer for an individual in accordance with para- agreement with the Secretary to provide the may employ the additional security meas- graphs (1) and (2), the employer shall retain Secretary, for purposes of identity ures set forth in this clause with respect to a version of such completed form and make verification in the System, with photographs all individuals the employer hires if the em- such form available for inspection by the and appropriate identifying information ployer notifies the Secretary of such election Secretary or the Office of Special Counsel for maintained by the State. at the time the employer registers for use of Immigration-Related Unfair Employment ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- the System under subsection (d)(4)(A)(i) or Practices of the Department of Justice dur- TICATION.—In addition to verifying the docu- anytime thereafter. An election under this ing the period beginning on the hiring date ments specified in subparagraph (C), (D), or subclause may be withdrawn 90 days after of the individual and ending on the later of— (E), the System shall require each employer the employer notifies the Secretary of the ‘‘(i) the date that is 3 years after such hir- to verify the identity of each new hire using employer’s intent to discontinue such elec- ing date; or the identity authentication mechanism de- tion. ‘‘(ii) the date that is 1 year after the date scribed in clause (iii) or, for an individual ‘‘(v) AUTOMATED VERIFICATION.—The Sec- on which the individual’s employment with whose identity is not able to be verified retary— the employer is terminated. using that mechanism, to use the additional ‘‘(I) may establish a program, in addition ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- security measures provided in clause (iv) to the identity authentication mechanism TION.—The Secretary— after such measures become available. A fail- described in subparagraph (F)(iii), in which ‘‘(i) shall permit an employer to retain the ure of the System to verify the identity of an the System automatically verifies informa- form described in subparagraph (A) in elec- individual due to the use of an identity au- tion contained in a covered identity docu- tronic form; and thentication mechanism shall result in a fur- ment issued by a participating State, which ‘‘(ii) shall permit an employer to retain ther action notice under subsection is presented under subparagraph (D)(i), in- such form in paper, microfiche, microfilm, (d)(4)(C)(iii). cluding information needed to verify that portable document format, or other media. ‘‘(iii) PHOTO TOOL.— the covered identity document matches the ‘‘(4) COPYING OF DOCUMENTATION AND REC- ‘‘(I) USE REQUIREMENT.—An employer that State’s records; ORDKEEPING.—The Secretary may promul- hires an individual who has a presented a ‘‘(II) may not maintain information pro- gate regulations regarding— covered identity document to establish his vided by a participating State in a database ‘‘(A) copying documents and related infor- or her identity and employment authoriza- maintained by U.S. Citizenship and Immi- mation pertaining to employment tion under subsection (c) shall verify the gration Services; and verification presented by an individual under identity of such individual using the photo ‘‘(III) may not utilize or disclose such in- this subsection; and tool described in subclause (II). formation, except as authorized under this ‘‘(B) retaining such information during a ‘‘(II) DEVELOPMENT REQUIREMENT.—The section. period not to exceed the required retention Secretary shall develop and maintain a ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- period set forth in paragraph (3). photo tool that enables employers to match TAIN DOCUMENTS.—If the Secretary deter- ‘‘(5) PENALTIES.—An employer that fails to the photo on a covered identity document mines, after publication in the Federal Reg- comply with any requirement under this sub- provided to the employer to a photo main- ister and an opportunity for public comment, section may be penalized under subsection tained by a U.S. Citizenship and Immigra- that any document or class of documents (e)(4)(B). tion Services or other appropriate database. specified in subparagraph (B), (C), or (D) does ‘‘(6) PROTECTION OF CIVIL RIGHTS.— ‘‘(III) INDIVIDUAL QUERIES.—The photo tool not reliably establish identity or that em- ‘‘(A) IN GENERAL.—Nothing in this section capability shall be incorporated into the ployment authorized status is being used may be construed to diminish any rights System and made available to employers not fraudulently to an unacceptable degree, the otherwise protected by Federal law. later than 1 year after the date on which reg- Secretary— ‘‘(B) PROHIBITION ON DISCRIMINATION.—An ulations are published implementing sub- ‘‘(i) may prohibit or restrict the use of employer shall use the procedures for docu- section (d). such document or class of documents for pur- ment verification set forth in this paragraph ‘‘(IV) LIMITATIONS ON USE OF INFORMA- poses of this subsection; and for all employees without regard to race, TION.—Information and images acquired from ‘‘(ii) shall directly notify all employers color, religion, sex, national origin, or, un- State motor vehicle databases through the registered within the System of the prohibi- less specifically permitted in this section, to photo tool developed under subclause (II)— tion through appropriate means. citizenship status. ‘‘(aa) may only be used for matching ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN ‘‘(7) RECEIPTS.—The Secretary may author- photos to a covered identity document for DOCUMENTS.—If the Secretary has deter- ize the use of receipts for replacement docu- the purposes of employment verification; mined that another document or class of ments, and temporary evidence of employ- ‘‘(bb) shall not be collected or stored by documents, such as a document issued by a ment authorization by an individual to meet the Federal Government; and federally recognized Indian tribe, may be a documentation requirement under this ‘‘(cc) may only be disseminated in response used to reliably establish identity or em- subsection on a temporary basis not to ex- to an individual photo tool query. ployment authorized status, the Secretary— ceed 1 year, after which time the individual ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ‘‘(i) may allow the use of that document or shall provide documentation sufficient to ‘‘(I) USE REQUIREMENT.—An employer seek- class of documents for purposes of this sub- satisfy the documentation requirements ing to hire an individual whose identity is section after publication in the Federal Reg- under this subsection. not able to be verified using the photo tool ister and an opportunity for public comment; ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- described in clause (iii), because the em- ‘‘(ii) shall publish a description of any such FICATION CARDS.—Nothing in this section ployee did not present a covered document document or class of documents on the U.S. may be construed to directly or indirectly for employment eligibility verification pur- Citizenship and Immigration Services authorize the issuance, use, or establishment poses, shall verify the identity of such indi- website; and of a national identification card.

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‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— to participate in the System under this sub- tern or practice of violations of the immigra- ‘‘(1) IN GENERAL.— paragraph not later than 90 days before the tion laws of the United States. ‘‘(A) ESTABLISHMENT.—The Secretary, in date on which the employer is required to ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- consultation with the Commissioner, shall participate. retary may permit any employer that is not establish the Employment Verification Sys- ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- required to participate in the System under tem. PLOYEES.—Not later than 1 year after regula- this section to do so on a voluntary basis. ‘‘(B) MONITORING.—The Secretary shall cre- tions are published implementing this sub- ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ate the necessary processes to monitor— section, all employers with more than 10,000 PATE.— ‘‘(i) the functioning of the System, includ- employees shall participate in the System ‘‘(A) IN GENERAL.—Except as provided in ing the volume of the workflow, the speed of with respect to all newly hired employees subparagraph (B), the failure, other than a processing of queries, the speed and accuracy and employees with expiring temporary em- de minimis or inadvertent failure, of an em- of responses; ployment authorization documents. ployer that is required to participate in the ‘‘(ii) the misuse of the System, including ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- System to comply with the requirements of the prevention of fraud or identity theft; PLOYEES.—Not later than 2 years after regu- the System with respect to an individual— ‘‘(iii) whether the use of the System re- lations are published implementing this sub- ‘‘(i) shall be treated as a violation of sub- sults in wrongful adverse actions or discrimi- section, all employers with more than 500 section (a)(1)(B) with respect to that indi- nation based upon a prohibited factor employees shall participate in the System vidual; and against citizens or nationals of the United with respect to all newly hired employees ‘‘(ii) creates a rebuttable presumption that States or individuals who have employment and employees with expiring temporary em- the employer has violated paragraph (1)(A) authorized status; and ployment authorization documents. or (2) of subsection (a). ‘‘(iv) the security, integrity, and privacy of ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- ‘‘(B) EXCEPTION.— the System. PLOYEES.—Not later than 3 years after regu- ‘‘(i) IN GENERAL.—Subparagraph (A) shall ‘‘(C) PROCEDURES.—The Secretary— lations are published implementing this sub- not apply in a criminal prosecution. ‘‘(i) shall create processes to provide an in- section, all employers with more than 20 em- ‘‘(ii) USE AS EVIDENCE.—Nothing in this dividual with direct access to the individ- ployees shall participate in the System with paragraph may be construed to limit the use ual’s case history in the System, including— respect to all newly hired employees and em- in the prosecution of a Federal crime, in a ‘‘(I) the identities of all persons or entities ployees with expiring temporary employ- manner otherwise consistent with Federal that have queried the individual through the ment authorization documents. criminal law and procedure, of evidence re- System; ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not lating to the employer’s failure to comply ‘‘(II) the date of each such query; and later than 4 years after regulations are pub- with requirements of the System. ‘‘(III) the System response for each such lished implementing this subsection, em- ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE query; and ployers of employees performing agricultural SYSTEM.— ‘‘(ii) in consultation with the Commis- employment (as defined in section 218A of ‘‘(A) IN GENERAL.—An employer partici- sioner, shall develop— this Act and section 2202 of the Border Secu- pating in the System shall register such par- ‘‘(I) protocols to notify an individual, in a rity, Economic Opportunity, and Immigra- ticipation with the Secretary and, when hir- timely manner through the use of electronic tion Modernization Act) shall participate in ing any individual for employment in the correspondence or mail, that a query for the the System with respect to all newly hired United States, shall comply with the fol- individual has been processed through the employees and employees with expiring tem- lowing: System; or porary employment authorization docu- ‘‘(i) REGISTRATION OF EMPLOYERS.—The ‘‘(II) a process for the individual to submit ments. An agricultural employee shall not be Secretary, through notice in the Federal additional queries to the System or notify counted for purposes of subparagraph (D), Register, shall prescribe procedures that em- the Secretary of potential identity fraud. (E), or (F). ployers shall be required to follow to register ‘‘(2) PARTICIPATION REQUIREMENTS.— ‘‘(H) ALL EMPLOYERS.—Not later than 4 with the System. ‘‘(A) FEDERAL GOVERNMENT.—Except as years after regulations are published imple- ‘‘(ii) UPDATING INFORMATION.—The em- provided in subparagraph (B), all agencies menting this subsection, all employers shall ployer is responsible for providing notice of and departments in the executive, legisla- participate in the System with respect to all any change to the information required tive, or judicial branches of the Federal Gov- newly hired employees and employees with under subclauses (I), (II), and (III) of clause ernment shall participate in the System be- expiring temporary employment authoriza- (v) before conducting any further inquiries ginning on the earlier of— tion documents. within the System, or on such other schedule ‘‘(i) the date of the enactment of the Bor- ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— as the Secretary may prescribe. der Security, Economic Opportunity, and ‘‘(i) RULEMAKING.—In developing regula- ‘‘(iii) TRAINING.—The Secretary shall re- Immigration Modernization Act, to the ex- tions to implement this subsection, the Sec- quire employers to undergo such training as tent required under section 402(e)(1) of the Il- retary shall— the Secretary determines to be necessary to legal Immigration Reform and Immigrant ‘‘(I) consider the effects of this section on ensure proper use, protection of civil rights Responsibility Act of 1996 (division C of Pub- federally recognized Indian tribes and tribal and civil liberties, privacy, integrity, and se- lic Law 104–208; 8 U.S.C. 1324a) and as already members; and curity of the System. To the extent prac- implemented by each agency or department; ‘‘(II) consult with the governments of fed- ticable, such training shall be made avail- or erally recognized Indian tribes. able electronically on the U.S. Citizenship ‘‘(ii) the date that is 90 days after the date ‘‘(ii) REQUIRED PARTICIPATION.—Not later and Immigration Services website. of the enactment of the Border Security, than 4 years after regulations are published ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The Economic Opportunity, and Immigration implementing this subsection, all employers employer shall inform individuals hired for Modernization Act. owned by, or entities of, the government of a employment that the System— ‘‘(B) FEDERAL CONTRACTORS.—Federal con- federally recognized Indian tribe shall par- ‘‘(I) will be used by the employer; tractors shall participate in the System as ticipate in the System with respect to all ‘‘(II) may be used for immigration enforce- provided in the final rule relating to employ- newly hired employees and employees with ment purposes; and ment eligibility verification published in the expiring temporary employment authoriza- ‘‘(III) may not be used to discriminate or Federal Register on November 14, 2008 (73 tion documents. to take adverse action against a national of Fed. Reg. 67,651), or any similar subsequent ‘‘(J) IMMIGRATION LAW VIOLATORS.— the United States or an alien who has em- regulation, for which purpose references to ‘‘(i) ORDERS FINDING VIOLATIONS.—An order ployment authorized status. E-Verify in the final rule shall be construed finding any employer to have violated this ‘‘(v) PROVISION OF ADDITIONAL INFORMA- to apply to the System. section or section 274C may, in the Sec- TION.—The employer shall obtain from the ‘‘(C) CRITICAL INFRASTRUCTURE.— retary’s discretion, require the employer to individual (and the individual shall provide) ‘‘(i) IN GENERAL.—Beginning on the date participate in the System with respect to and shall record in such manner as the Sec- that is 1 year after the date on which regula- newly hired employees and employees with retary may specify— tions are published implementing this sub- expiring temporary employment authoriza- ‘‘(I) the individual’s social security ac- section, the Secretary may authorize or di- tion documents, if such employer is not oth- count number; rect any employer, person, or entity respon- erwise required to participate in the System ‘‘(II) if the individual does not attest to sible for granting access to, protecting, se- under this section. The Secretary shall mon- United States citizenship or status as a na- curing, operating, administering, or regu- itor such employer’s compliance with Sys- tional of the United States under subsection lating part of the critical infrastructure (as tem procedures. (c)(2), such identification or authorization defined in section 1016(e) of the Critical In- ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— number established by the Department as frastructure Protection Act of 2001 (42 U.S.C. The Secretary may require an employer that the Secretary shall specify; and 5195c(e))) to participate in the System to the is required to participate in the System with ‘‘(III) such other information as the Sec- extent the Secretary determines that such respect to newly hired employees to partici- retary may require to determine the identity participation will assist in the protection of pate in the System with respect to the em- and employment authorization of an indi- the critical infrastructure. ployer’s current employees if the employer is vidual. ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The determined by the Secretary or other appro- ‘‘(vi) PRESENTATION OF DOCUMENTATION.— Secretary shall notify an employer required priate authority to have engaged in a pat- The employer, and the individual whose

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The further action notice shall be given trative appeal has expired without an appeal ployment authorized status by the System. to the individual in writing and the em- or the contestation to the further action no- ‘‘(iii) REVERIFICATION.—If an individual has ployer shall acknowledge in the System tice is withdrawn; or a limited period of employment authorized under penalty of perjury that it provided the ‘‘(cc) if an appeal before an administrative status, the individual’s employer shall employee with the further action notice. The law judge under paragraph (7) has been filed, reverify such status through the System not individual shall affirmatively acknowledge the nonconfirmation has been upheld or the later than 3 business days after the last day in writing, or in such other manner as the appeal has been withdrawn or dismissed. of such period. Secretary may specify, the receipt of the fur- ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not ‘‘(iv) OTHER EMPLOYMENT.—For employers ther action notice from the employer. If the directed by the Secretary to participate in individual refuses to acknowledge the re- later than 3 business days after an employer the System under paragraph (2)(C)(i) to pro- ceipt of the further action notice, or ac- receives a nonconfirmation, or during such tect critical infrastructure or otherwise knowledges in writing that the individual other reasonable time as the Secretary may specified circumstances in this section to will not contest the further action notice provide, the employer shall notify the indi- verify their entire workforce, the System under subclause (II), the employer shall no- vidual who is the subject of the nonconfirma- may be used for initial verification of an in- tify the Secretary in such manner as the tion, and provide information about filing an dividual who was hired before the employer Secretary may specify. administrative appeal pursuant to paragraph became subject to the System, and the em- ‘‘(II) CONTEST.—Not later than 10 business (6) and a request for a hearing before an ad- ployer shall initiate all required procedures days after receiving notification of a further ministrative law judge pursuant to para- on or before such date as the Secretary shall action notice under subclause (I), the indi- graph (7). The nonconfirmation notice shall specify. vidual shall contact the appropriate Federal be given to the individual in writing and the ‘‘(v) NOTIFICATION.— agency and, if the Secretary so requires, ap- employer shall acknowledge in the System ‘‘(I) IN GENERAL.—The Secretary shall pro- pear in person for purposes of verifying the under penalty of perjury that it provided the vide, and the employer shall utilize, as part individual’s identity and employment eligi- notice (or adequately attempted to provide of the System, a method of notifying em- bility. The Secretary, in consultation with notice, but was unable to do so despite rea- ployers of a confirmation or nonconfirma- the Commissioner and other appropriate sonable efforts). The individual shall affirm- tion of an individual’s identity and employ- Federal agencies, shall specify an available atively acknowledge in writing, or in such ment authorized status, or a notice that fur- secondary verification procedure to confirm other manner as the Secretary may pre- ther action is required to verify such iden- the validity of information provided and to scribe, the receipt of the nonconfirmation tity or employment eligibility (referred to in provide a confirmation or nonconfirmation. notice from the employer. If the individual this subsection as a further action notice). Any procedures for reexamination shall not refuses or fails to acknowledge the receipt of ‘‘(II) PROCEDURES.—The Secretary shall— limit in any way an employee’s right to ap- the nonconfirmation notice, the employer ‘‘(aa) directly notify the individual and the peal a nonconfirmation. shall notify the Secretary in such manner as employer, by means of electronic cor- ‘‘(III) NO CONTEST.—If the individual re- the Secretary may prescribe. respondence, mail, text message, telephone, fuses to acknowledge receipt of the further ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— or other direct communication, of a noncon- action notice, acknowledges that the indi- ‘‘(i) TERMINATION OF CONTINUED EMPLOY- firmation or further action notice; vidual will not contest the further action no- MENT.—Except as provided in clause (iii), an ‘‘(bb) provide information about filing an tice as provided in subclause (I), or does not employer that has received a nonconfirma- administrative appeal under paragraph (6) contact the appropriate Federal agency tion regarding an individual and has made and a filing for review before an administra- within the period specified in subclause (II), reasonable efforts to notify the individual in tive law judge under paragraph (7); and following expiration of the period specified accordance with subparagraph (C)(iv) shall ‘‘(cc) establish procedures to directly no- in subclause (II), a nonconfirmation shall be terminate the employment of the individual tify the individual and the employer of a issued. The employer shall record the non- upon the expiration of the time period speci- confirmation. confirmation in such manner as the Sec- fied in paragraph (7). ‘‘(III) IMPLEMENTATION.—The Secretary retary may specify and terminate the indi- ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- may provide for a phased-in implementation vidual’s employment. An individual’s failure CONFIRMATION.—If the employer continues to of the notification requirements under this to contest a further action notice shall not employ an individual after receiving noncon- clause, as appropriate. The notification sys- be considered an admission of guilt with re- firmation and exhaustion of all appeals or tem shall cover all inquiries not later than 1 spect to any violation of this section or any expiration of all rights to appeal if not ap- year from the date of the enactment of the provision of law. pealed, in violation of clause (i), a rebuttable Border Security, Economic Opportunity, and ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— presumption is created that the employer Immigration Modernization Act. Unless the period is extended in accordance has violated paragraphs (1)(A) and (2) of sub- ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— with this subclause, the System shall pro- section (a). Such presumption shall not ‘‘(i) INITIAL RESPONSE.— vide a confirmation or nonconfirmation not apply in any prosecution under subsection ‘‘(I) IN GENERAL.—Except as provided in later than 10 business days after the date on (k)(1). subclause (II), the System shall provide— which the individual contests the further ac- ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR ‘‘(aa) a confirmation of an individual’s tion notice under subclause (II). If the Sec- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an identity and employment authorized status retary determines that good cause exists, individual files an administrative appeal of or a further action notice at the time of the after taking into account adverse impacts to the nonconfirmation within the time period inquiry; and the employer, and including time to permit specified in paragraph (6)(A), or files for re- ‘‘(bb) an appropriate code indicating such the individual to obtain and provide needed view with an administrative law judge speci- confirmation or such further action notice. evidence of identity or employment eligi- fied in paragraph (7)(A), the employer shall ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- bility, the Secretary shall extend the period not terminate the individual’s employment tem is unable to provide immediate con- for providing confirmation or nonconfirma- under this subparagraph prior to the resolu- firmation or further action notice for tech- tion for stated periods beyond 10 business tion of the administrative appeal unless the nological reasons or due to unforeseen cir- days. When confirmation or nonconfirmation Secretary or Commissioner terminates the cumstances, the System shall provide a con- is provided, the confirmation system shall stay under paragraph (6)(B) or (7)(B). firmation or further action notice not later provide an appropriate code indicating such ‘‘(iv) WEEKLY REPORT.—The Director of than 3 business days after the initial inquiry. confirmation or nonconfirmation. U.S. Citizenship and Immigration Services ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— ‘‘(V) REEXAMINATION.—Nothing in this sec- shall submit a weekly report to the Assist- If the employer receives an appropriate con- tion shall prevent the Secretary from estab- ant Secretary for Immigration and Customs

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Enforcement that includes, for each indi- ‘‘(II) NOTICE.—The regulations issued under ‘‘(I) SELF-VERIFICATION.—Subject to appro- vidual who receives final nonconfirmation subclause (I) shall be— priate safeguards to prevent misuse of the through the System— ‘‘(aa) published in the Federal Register; system, the Secretary, in consultation with ‘‘(I) the name of such individual; and the Commissioner, shall establish a secure ‘‘(II) his or her social security number or ‘‘(bb) provided directly to all employers self-verification procedure to permit an indi- alien file number; registered in the System. vidual who seeks to verify the individual’s ‘‘(III) the name and contact information ‘‘(F) DESIGNATED AGENTS.—The Secretary own employment eligibility to contact the for his or her current employer; and shall establish a process— appropriate agency and, in a timely manner, ‘‘(IV) any other critical information that ‘‘(i) for certifying, on an annual basis or at correct or update the information contained the Assistant Secretary determines to be ap- such times as the Secretary may prescribe, in the System. propriate. designated agents and other System service ‘‘(5) PROTECTION FROM LIABILITY FOR AC- ‘‘(v) OTHER REFERRAL.—The Director of providers seeking access to the System to TIONS TAKEN ON THE BASIS OF INFORMATION U.S. Citizenship and Immigration Services perform verification queries on behalf of em- PROVIDED BY THE SYSTEM.—An employer shall shall refer to the Assistant Secretary for Im- ployers, based upon training, usage, privacy, not be liable to a job applicant, an employee, migration and Customs Enforcement for ap- and security standards prescribed by the the Federal Government, or a State or local propriate action by the Assistant Secretary Secretary; government, under Federal, State, or local or for referral by the Assistant Secretary to ‘‘(ii) for ensuring that designated agents criminal or civil law for any employment-re- another law enforcement agency, as appro- and other System service providers are sub- lated action taken with respect to a job ap- priate— ject to monitoring to the same extent as di- plicant or employee in good faith reliance on ‘‘(I) any case in which the Director believes rect access users; and information provided by the System. that a social security number has been false- ‘‘(iii) for establishing standards for certifi- ‘‘(6) ADMINISTRATIVE APPEAL.— ly or fraudulently used; and cation of electronic I–9 programs. ‘‘(A) IN GENERAL.—An individual who is no- ‘‘(II) any case in which a false or fraudu- ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- tified of a nonconfirmation may, not later lent document is used by an employee who TION.— than 10 business days after the date that has received a further action notice to re- ‘‘(i) IN GENERAL.—No later than 3 months such notice is received, file an administra- solve such notice. after the date of the enactment of the Border tive appeal of such nonconfirmation with the ‘‘(E) OBLIGATION TO RESPOND TO QUERIES Security, Economic Opportunity, and Immi- Commissioner if the notice is based on AND ADDITIONAL INFORMATION.— gration Modernization Act, the Secretary, in records maintained by the Commissioner, or ‘‘(i) IN GENERAL.—Employers shall comply with requests for information from the Sec- consultation with the Secretary of Labor, in any other case, with the Secretary. An in- retary and the Special Counsel for Immigra- the Secretary of Agriculture, the Commis- dividual who did not timely contest a further tion-Related Unfair Employment Practices sioner, the Attorney General, the Equal Em- action notice timely received by that indi- of the Department of Justice, including que- ployment Opportunity Commission, and the vidual for which the individual acknowl- ries concerning current and former employ- Administrator of the Small Business Admin- edged receipt may not be granted a review ees, within the time frame during which istration, shall commence a campaign to dis- under this paragraph. records are required to be maintained under seminate information respecting the proce- ‘‘(B) ADMINISTRATIVE STAY OF NONCON- this section regarding such former employ- dures, rights, and remedies prescribed under FIRMATION.—The nonconfirmation shall be ees, if such information relates to the func- this section. automatically stayed upon the timely filing tioning of the System, the accuracy of the ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- of an administrative appeal, unless the non- responses provided by the System, or any paign authorized under clause (i)— confirmation resulted after the individual suspected misuse, discrimination, fraud, or ‘‘(I) shall be aimed at increasing the acknowledged receipt of the further action identity theft in the use of the System. Fail- knowledge of employers, employees, and the notice but failed to contact the appropriate ure to comply with a request under this general public concerning employer and em- agency within the time provided. The stay clause constitutes a violation of subsection ployee rights, responsibilities, and remedies shall remain in effect until the resolution of (a)(1)(B). under this section; and the appeal, unless the Secretary or the Com- ‘‘(ii) ACTION BY INDIVIDUALS.— ‘‘(II) shall be coordinated with the public missioner terminates the stay based on a de- ‘‘(I) IN GENERAL.—Individuals being education campaign conducted by U.S. Citi- termination that the administrative appeal verified through the System may be required zenship and Immigration Services. is frivolous or filed for purposes of delay. to take further action to address questions ‘‘(iii) ASSESSMENT.—The Secretary shall ‘‘(C) REVIEW FOR ERROR.—The Secretary identified by the Secretary or the Commis- assess the success of the campaign in achiev- and the Commissioner shall develop proce- sioner regarding the documents relied upon ing the goals of the campaign. dures for resolving administrative appeals for purposes of subsection (c). ‘‘(iv) AUTHORITY TO CONTRACT.—In order to regarding nonconfirmations based upon the ‘‘(II) NOTIFICATION.—Not later than 3 busi- carry out and assess the campaign under this information that the individual has pro- ness days after the receipt of such questions subparagraph, the Secretary may, to the ex- vided, including any additional evidence or regarding an individual, or during such other tent deemed appropriate and subject to the argument that was not previously consid- reasonable time as the Secretary may pre- availability of appropriations, contract with ered. Any such additional evidence or argu- scribe, the employer shall— public and private organizations for outreach ment shall be filed within 10 business days of ‘‘(aa) notify the individual of any such re- and assessment activities under the cam- the date the appeal was originally filed. Ap- quirement for further actions; and paign. peals shall be resolved within 20 business ‘‘(bb) record the date and manner of such ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— days after the individual has submitted all notification. There are authorized to be appropriated to evidence and arguments the individual wish- ‘‘(III) ACKNOWLEDGMENT.—The individual carry out this paragraph $40,000,000 for each es to submit, or has stated in writing that shall acknowledge the notification received of the fiscal years 2014 through 2016. there is no additional evidence that the indi- from the employer under subclause (II) in ‘‘(H) AUTHORITY TO MODIFY INFORMATION vidual wishes to submit. The Secretary and writing, or in such other manner as the Sec- REQUIREMENTS.—Based on a regular review of the Commissioner may, on a case by case retary may prescribe. the System and the document verification basis for good cause, extend the filing and ‘‘(iii) RULEMAKING.— procedures to identify misuse or fraudulent submission period in order to ensure accu- ‘‘(I) IN GENERAL.—The Secretary, in con- use and to assess the security of the docu- rate resolution of an appeal before the Sec- sultation with the Commissioner and the At- ments and processes used to establish iden- retary or the Commissioner. torney General, is authorized to issue regula- tity or employment authorized status, the ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- tions implementing, clarifying, and Secretary, in consultation with the Commis- ministrative appeal under this paragraph supplementing the requirements under this sioner, after publication of notice in the Fed- shall be limited to whether a nonconfirma- subparagraph— eral Register and an opportunity for public tion notice is supported by a preponderance ‘‘(aa) to facilitate the functioning, accu- comment, may modify, if the Secretary de- of the evidence. racy, and fairness of the System; termines that the modification is necessary ‘‘(E) DAMAGES, FEES, AND COSTS.—No ‘‘(bb) to prevent misuse, discrimination, to ensure that the System accurately and re- money damages, fees or costs may be award- fraud, or identity theft in the use of the Sys- liably determines the identity and employ- ed in the administrative appeal process tem; or ment authorized status of employees and under this paragraph. ‘‘(cc) to protect and maintain the confiden- maintain existing protections against mis- ‘‘(7) REVIEW BY ADMINISTRATIVE LAW tiality of information that could be used to use, discrimination, fraud, and identity JUDGE.— locate or otherwise place at risk of harm vic- theft— ‘‘(A) IN GENERAL.—Not later than 30 days tims of domestic violence, dating violence, ‘‘(i) the information that shall be pre- after the date an individual receives a final sexual assault, stalking, and human traf- sented to the employer by an individual; determination on an administrative appeal ficking, and of the applicant or beneficiary ‘‘(ii) the information that shall be provided under paragraph (6), the individual may ob- of any petition described in section 384(a)(2) to the System by the employer; and tain review of such determination by filing a of the Illegal Immigration Reform and Immi- ‘‘(iii) the procedures that shall be followed complaint with a Department of Justice ad- grant Responsibility Act of 1996 (8 U.S.C. by employers with respect to the process of ministrative law judge in accordance with 1367(a)(2)). verifying an individual through the System. this paragraph.

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‘‘(B) STAY OF NONCONFIRMATION.—The non- rate and work schedule that prevailed prior ‘‘(I) to develop and use tools and processes confirmation related to such final deter- to termination. The individual shall be com- to detect or prevent fraud and identity theft, mination shall be automatically stayed upon pensated for wages lost beginning on the such as multiple uses of the same identifying the timely filing of a complaint under this first scheduled work day after employment information or documents to fraudulently paragraph, and the stay shall remain in ef- was terminated and ending 120 days after gain employment; fect until the resolution of the complaint, completion of the administrative law judge’s ‘‘(II) to develop and use tools and processes unless the administrative law judge deter- review described in this paragraph or the day to detect and prevent misuse of the system mines that the action is frivolous or filed for after the individual is reinstated or obtains by employers and employees; purposes of delay. employment elsewhere, whichever occurs ‘‘(III) to develop tools and processes to de- ‘‘(C) SERVICE.—The respondent to com- first. If the individual obtains employment tect anomalies in the use of the system that plaint filed under this paragraph is either elsewhere at a lower wage rate, the indi- may indicate potential fraud or misuse of the Secretary or the Commissioner, but not vidual shall be compensated for the dif- the system; both, depending upon who issued the admin- ference in wages for the period ending 120 ‘‘(IV) to audit documents and information istrative order under paragraph (6). In addi- days after completion of the administrative submitted by employees to employers, in- tion to serving the respondent, the plaintiff law judge review process. No lost wages shall cluding authority to conduct interviews with shall serve the Attorney General. be awarded for any period of time during employers and employees, and obtain infor- ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW which the individual was not in employment mation concerning employment from the JUDGE.— authorized status. employer; ‘‘(i) RULES OF PRACTICE.—The Secretary ‘‘(iii) PAYMENT OF COMPENSATION.—Not- ‘‘(vii) to confirm identity and employment shall promulgate regulations regarding the withstanding any other law, payment of authorization through verification and com- rules of practice in appeals brought pursuant compensation for lost wages, costs, and at- parison of records as determined necessary to this subsection. torneys’ fees under this paragraph, or com- by the Secretary; ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW promise settlements of the same, shall be ‘‘(viii) to confirm electronically the JUDGE.—The administrative law judge shall made as provided by section 1304 of title 31, issuance of the employment authorization or have power to— ‘‘(I) terminate a stay of a nonconfirmation United States Code. Appropriations made identity document and— under subparagraph (B) if the administrative available to the Secretary or the Commis- ‘‘(I) if such photograph is available, to dis- law judge determines that the action is friv- sioner, accounts provided for under section play the digital photograph that the issuer olous or filed for purposes of delay; 286, and funds from the Federal Old-Age and placed on the document so that the employer ‘‘(II) adduce evidence at a hearing; Survivors Insurance Trust Fund or the Fed- can compare the photograph displayed to the ‘‘(III) compel by subpoena the attendance eral Disability Insurance Trust Fund shall photograph on the document presented by of witnesses and the production of evidence not be available to pay such compensation. the employee; or at any designated place or hearing; ‘‘(G) APPEAL.—No later than 45 days after ‘‘(II) if a photograph is not available from ‘‘(IV) resolve claims of identity theft; and the entry of such final order, any person ad- the issuer, to confirm the authenticity of the ‘‘(V) enter, upon the pleadings and any evi- versely affected by such final order may seek document using additional security meas- dence adduced at a hearing, a decision af- review of such order in the United States ures set forth in subsection (c)(1)(F)(iv); firming or reversing the result of the agency, Court of Appeals for the circuit in which the ‘‘(ix) to employ specific and effective addi- with or without remanding the cause for a violation is alleged to have occurred or in tional security measures set forth in sub- rehearing. which the employer resides or transacts section (c)(1)(F)(iv) to adequately verify the ‘‘(iii) SUBPOENA.—In case of contumacy or business. identity of an individual that are designed refusal to obey a subpoena lawfully issued ‘‘(8) MANAGEMENT OF THE SYSTEM.— and operated— under this section and upon application of ‘‘(A) IN GENERAL.—The Secretary is author- ‘‘(I) to use state-of-the-art technology to the administrative law judge, an appropriate ized to establish, manage, and modify the determine to a high degree of accuracy district court of the United States may issue System, which shall— whether an individual presenting biographic an order requiring compliance with such sub- ‘‘(i) respond to inquiries made by partici- information is the individual with that true poena and any failure to obey such order pating employers at any time through the identity; may be punished by such court as a con- internet, or such other means as the Sec- ‘‘(II) to retain under the control of the Sec- tempt of such court. retary may designate, concerning an individ- retary the use of all determinations commu- ‘‘(iv) TRAINING.—An administrative law ual’s identity and whether the individual is nicated by the System, regardless of the en- judge hearing cases shall have special train- in employment authorized status; tity operating the system pursuant to a con- ing respecting employment authorized status ‘‘(ii) maintain records of the inquiries that tract or other agreement with a nongovern- verification. were made, of confirmations provided (or not mental entity or entities to the extent help- ‘‘(E) ORDER BY ADMINISTRATIVE LAW provided), and of the codes provided to em- ful in acquiring the best technology to im- JUDGE.— ployers as evidence of their compliance with plement the additional security measures; ‘‘(i) IN GENERAL.—The administrative law their obligations under the System; and ‘‘(III) to be integrated with the System so judge shall issue and cause to be served to ‘‘(iii) provide information to, and require that employment authorizations will be de- the parties in the proceeding an order which action by, employers and individuals using termined for all individuals identified as pre- may be appealed as provided in subparagraph the System. senting their true identities through the (G). ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— databases maintained by the Commissioner ‘‘(ii) CONTENTS OF ORDER.—Such an order The System shall be designed and operated— of Social Security and the Secretary; shall uphold or reverse the final determina- ‘‘(i) to maximize its reliability and ease of ‘‘(IV) to use tools and processes to detect tion on the request for reconsideration and use by employers consistent with protecting and prevent further action notices and final order lost wages and other appropriate rem- the privacy and security of the underlying nonconfirmations that are not correlated to edies as provided in subparagraph (F). information, and ensuring full notice of such fraud or identity theft; ‘‘(F) COMPENSATION FOR ERROR.— use to employees; ‘‘(V) to make risk-based assessments re- ‘‘(i) IN GENERAL.—In cases in which the ad- ‘‘(ii) to maximize its ease of use by em- garding the reliability of a claim of identity ministrative law judge reverses the final de- ployees, including direct notification of its made by an individual presenting biographic termination of the Secretary or the Commis- use, of results, and ability to challenge re- information and to tailor the identity deter- sioner made under paragraph (6), and the ad- sults; mination in accordance with those assess- ministrative law judge finds that— ‘‘(iii) to respond accurately to all inquiries ments; ‘‘(I) the nonconfirmation was due to gross made by employers on whether individuals ‘‘(VI) to permit queries to be presented to negligence or intentional misconduct of the are authorized to be employed and to reg- individuals subject to identity verification employer, the administrative law judge may ister any times when the system is unable to at the time their identities are being verified order the employer to pay the individual lost receive inquiries; in a manner that permits rapid communica- wages, and reasonable costs and attorneys’ ‘‘(iv) to maintain appropriate administra- tion through Internet, mobile phone, and fees incurred during administrative and judi- tive, technical, and physical safeguards to landline telephone connections to facilitate cial review; or prevent unauthorized disclosure of personal identity proofing; ‘‘(II) such final determination was erro- information, misuse by employers and em- ‘‘(VII) to generate queries that conform to neous by reason of the negligence of the Sec- ployees, and discrimination; the context of the identity verification proc- retary or the Commissioner, the administra- ‘‘(v) to require regularly scheduled re- ess and the circumstances of the individual tive law judge may order the Secretary or fresher training of all users of the System to whose identity is being verified; the Commissioner to pay the individual lost ensure compliance with all procedures; ‘‘(VIII) to use publicly available databases wages, and reasonable costs and attorneys’ ‘‘(vi) to allow for auditing of the use of the and databases under the jurisdiction of the fees incurred during the administrative ap- System to detect misuse, discrimination, Commissioner of Social Security, the Sec- peal and the administrative law judge re- fraud, and identity theft, to protect privacy retary, and the Secretary of State to formu- view. and assess System accuracy, and to preserve late queries to be presented to individuals ‘‘(ii) CALCULATION OF LOST WAGES.—Lost the integrity and security of the information whose identities are being verified, as appro- wages shall be calculated based on the wage in all of the System, including— priate;

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‘‘(IX) to not retain data collected by the ‘‘(III) ERROR RATE DETERMINATION.—The number, whether the alien has employment System within any database separate from audits required under this clause shall— authorized status (or, to the extent that the the database in which the operating system ‘‘(aa) determine the error rate for identity Secretary determines to be feasible and ap- is located and to limit access to the existing determinations pursuant to subsection propriate, whether the records available to databases to a reference process that shields (c)(1)(F) for individuals presenting their true the Secretary verify the identity or status of the operator of the System from acquiring identities in the same manner and applying a national of the United States), and such possession of the data beyond the formula- the same standards as for employment au- other information as the Secretary may pre- tion of queries and verification of responses; thorization; and scribe. ‘‘(X) to not permit individuals or entities ‘‘(bb) include recommendations, as pro- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the using the System to access any data related vided in subclause (I), but no reduction in System, the Secretary shall establish a reli- to the individuals whose identities are being fines pursuant to subclause (IV). able, secure method, which, operating verified beyond confirmations, further ac- ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- through the System, displays the digital tion notices, and final nonconfirmations of KEEPING OR VERIFICATION PRACTICES FOL- photograph described in subparagraph identity; LOWING PERSISTENT SYSTEM INACCURACIES.— (B)(viii)(I). ‘‘(XI) to include, if feasible, a capability Notwithstanding subsection (e)(4)(C)(i), in ‘‘(iii) TIMING OF NOTICES.—The Secretary for permitting document or other inputs any calendar year following a report by the shall have authority to prescribe when a con- that can be offered to individuals and enti- Inspector General under subclause (I) that firmation, nonconfirmation, or further ac- ties using the System and that may be used the System had an error rate higher than 0.3 tion notice shall be issued. percent for the previous fiscal year, the civil at the option of employees to facilitate iden- ‘‘(iv) USE OF INFORMATION.—The Secretary penalty assessable by the Secretary or an ad- tity verification, but would not be required shall perform regular audits under the Sys- ministrative law judge under that subsection of either employers or employees; and tem, as described in subparagraph (B)(vi) and for each first-time violation by an employer ‘‘(XII) to the greatest extent possible, in shall utilize the information obtained from who has not previously been penalized under accordance with the time frames specified in such audits, as well as any information ob- this section may not exceed $1,000. this section; and tained from the Commissioner pursuant to ‘‘(iv) RECORDS SECURITY PROGRAM.—Any ‘‘(x) to provide appropriate notification di- person, including a private third party ven- part E of title XI of the Social Security Act rectly to employers registered with the Sys- dor, who retains document verification or (42 U.S.C. 1301 et seq.), for the purposes of tem of all changes made by the Secretary or System data pursuant to this section shall this section and to administer and enforce the Commissioner related to allowed and implement an effective records security pro- the immigration laws. prohibited documents, and use of the Sys- gram that— ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- tem. ‘‘(I) ensures that only authorized personnel vent identity fraud, not later than 18 months ‘‘(C) SAFEGUARDS TO THE SYSTEM.— have access to document verification or Sys- after the date of the enactment of the Border ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- tem data; and Security, Economic Opportunity, and Immi- retary, in consultation with the Commis- ‘‘(II) ensures that whenever such data is gration Modernization Act, the Secretary sioner and other appropriate Federal and created, completed, updated, modified, al- shall— State agencies, shall develop policies and tered, or corrected in electronic format, a se- ‘‘(I) in consultation with the Commis- procedures to ensure protection of the pri- cure record is created that establishes the sioner, establish a program to provide a reli- vacy and security of personally identifiable date of access, the identity of the individual able, secure method for an individual to tem- information and identifiers contained in the who accessed the electronic record, and the porarily suspend or limit the use of the indi- records accessed or maintained by the Sys- particular action taken. vidual’s social security account number or tem. The Secretary, in consultation with the ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- other identifying information for Commissioner and other appropriate Federal tion to the security measures described in verification by the System; and and State agencies, shall develop and deploy clause (iv), a private third party vendor who ‘‘(II) for each individual being verified appropriate privacy and security training for retains document verification or System through the System— the Federal and State employees accessing data pursuant to this section shall imple- ‘‘(aa) notify the individual that the indi- the records under the System. ment an effective records security program vidual has the option to limit the use of the ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- that— individual’s social security account number ing through the Chief Privacy Officer of the ‘‘(I) provides for backup and recovery of or other identifying information for Department, shall conduct regular privacy any records maintained in electronic format verification by the System; and audits of the policies and procedures estab- to protect against information loss, such as ‘‘(bb) provide instructions to the individ- lished under clause (i) and the Department’s power interruptions; and uals for exercising the option referred to in compliance with the limitations set forth in ‘‘(II) ensures that employees are trained to item (aa). subsection (c)(1)(F)(iii)(IV), including any minimize the risk of unauthorized or acci- ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT collection, use, dissemination, and mainte- dental alteration or erasure of such data in OF THEIR CHILD’S IDENTITY.—The Secretary, nance of personally identifiable information electronic format. in consultation with the Commissioner, shall and any associated information technology ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In establish a program that provides a reliable, systems, as well as scope of requests for this this subparagraph, the term authorized per- secure method by which parents or legal information. The Chief Privacy Officer shall sonnel means anyone registered as a System guardians may suspend or limit the use of review the results of the audits and rec- user, or anyone with partial or full responsi- the social security account number or other ommend to the Secretary any changes nec- bility for completion of employment author- identifying information of a minor under essary to improve the privacy protections of ization verification or retention of data in their care for the purposes of the System. the program. connection with employment authorization The Secretary may implement the program ‘‘(iii) ACCURACY AUDITS.— verification on behalf of an employer. on a limited pilot program basis before mak- ‘‘(I) IN GENERAL.—Not later than November ‘‘(D) AVAILABLE FACILITIES AND ALTER- ing it fully available to all individuals. 30 of each year, the Inspector General of the NATIVE ACCOMMODATIONS.—The Secretary ‘‘(vii) PROTECTION FROM MULTIPLE USE.— Department of Homeland Security shall sub- shall make appropriate arrangements and The Secretary and the Commissioner shall mit a report to the Secretary, with a copy to develop standards to allow employers or em- establish a procedure for identifying and the President of the Senate and the Speaker ployees, including remote hires, who are oth- handling a situation in which a social secu- of the House of Representatives, that sets erwise unable to access the System to use rity account number has been identified to forth the error rate of the System for the electronic and telephonic formats (including be subject to unusual multiple use in the previous fiscal year and the assessments re- video conferencing, scanning technology, System or is otherwise suspected or deter- quired to be submitted by the Secretary and other available technologies), Federal mined to have been compromised by identity under subparagraphs (A) and (B) of para- Government facilities, public facilities, or fraud. Such procedure shall include notifying graph (10). The report shall describe in detail other available locations in order to utilize the legitimate holder of the social security the methodology employed for purposes of the System. number at the appropriate time. the report, and shall make recommendations ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— for how error rates may be reduced. ‘‘(i) IN GENERAL.—As part of the System, The Secretary shall establish or designate a ‘‘(II) ERROR RATE DEFINED.—In this clause, the Secretary shall maintain a reliable, se- monitoring and compliance unit to detect the term error rate means the percentage de- cure method, which, operating through the and reduce identity fraud and other misuse termined by dividing— System and within the time periods speci- of the System. ‘‘(aa) the number of employment author- fied, compares the name, alien identification ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- ized individuals who received further action or authorization number, or other informa- SESSMENTS.— notices, contested such notices, and were tion as determined relevant by the Sec- ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- subsequently found to be employment au- retary, provided in an inquiry against such retary shall conduct regular civil rights and thorized; by information maintained or accessed by the civil liberties assessments of the System, in- ‘‘(bb) the number of System inquiries sub- Secretary in order to confirm (or not con- cluding participation by employers, other mitted for employment authorized individ- firm) the validity of the information pro- private entities, and Federal, State, and uals. vided, the correspondence of the name and local government entities.

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‘‘(II) REQUIREMENT TO RESPOND.—Employ- rates of further action notices and other Sys- ‘‘(iv) An assessment of the most common ers, other private entities, and Federal, tem notices provided directly (by the Sys- causes for the erroneous issuance of noncon- State, and local entities shall timely respond tem) in a timely fashion to individuals who firmations by the System and recommenda- to any request in connection with such an are not authorized to be employed in the tions to correct such causes. assessment. United States. ‘‘(v) The recommendations of the Comp- ‘‘(III) ASSESSMENT AND RECOMMENDA- ‘‘(C) An assessment of any challenges faced troller General regarding System improve- TIONS.—The Officer for Civil Rights and Civil by small employers in utilizing the System. ments. Liberties of the Department shall review the ‘‘(D) An assessment of the rate of employer ‘‘(vi) An assessment of the frequency and results of each such assessment and rec- noncompliance (in addition to failure to pro- magnitude of changes made to the System ommend to the Secretary any changes nec- vide required notices in a timely fashion) in and the impact on the ability for employers essary to improve the civil rights and civil each of the following categories: to comply in good faith. liberties protections of the System. ‘‘(i) Taking adverse action based on a fur- ‘‘(vii) An assessment of the direct and indi- ‘‘(F) GRANTS TO STATES.— ther action notice. rect costs incurred by employers in com- ‘‘(i) IN GENERAL.—The Secretary shall cre- ‘‘(ii) Use of the System for nonemployees plying with the System, including costs as- ate and administer a grant program to help or other individuals before they are offered sociated with retaining potential employees provide funding for reimbursement of the ac- employment. through the administrative appeals process tual costs to States that grant— ‘‘(iii) Use of the System to reverify em- and receiving a nonconfirmation. ‘‘(I) the Secretary access to driver’s license ployment authorized status of current em- ‘‘(viii) An assessment of any backlogs or information as needed to confirm that a delays in the System providing the con- ployees except if authorized to do so. driver’s license presented under subsection firmation or further action notice and im- ‘‘(iv) Use of the System selectively, except (c)(1)(D)(i) confirms the identity of the sub- pacts to hiring by employers. in cases in which such use is authorized. ject of the System check, and that a driver’s ‘‘(ix) An assessment of the effect of the ‘‘(v) Use of the System to deny employ- license matches the State’s records; and identity authentication mechanism and any ment or post-employment benefits or other- ‘‘(II) such assistance as the Secretary may other security measures set forth in sub- wise interfere with labor rights. request in order to resolve further action no- section (c)(1)(F)(iv) to verify identity incor- ‘‘(vi) Requiring employees or applicants to tices or nonconfirmations relating to such porated into the System or otherwise used use any self-verification feature or to pro- information. by employers on employees. vide self-verification results. ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- ‘‘(12) OUTREACH AND PARTNERSHIP.— ‘‘(vii) Discouraging individuals who receive VACY PROTECTION ACT OF 1994.—The provision ‘‘(A) OUTREACH.—The Secretary is author- a further action notice from challenging the of a photograph to the Secretary as de- ized to conduct outreach and establish pro- further action notice or appealing a deter- scribed in clause (i) may not be construed as grams to assist employers in verifying em- mination made by the System. a violation of section 2721 of title 18, United ployment authorization and preventing iden- ‘‘(E) An assessment of the rate of employee States Code, and is a permissible use under tity fraud. noncompliance in each of the following cat- subsection (b)(1) of that section. ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- egories: ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— retary may establish partnership initiatives ‘‘(i) Obtaining employment when unau- There is authorized to be appropriated to the between the Federal Government and private thorized with an employer complying with Secretary, from the Comprehensive Immi- sector employers to foster cooperative rela- the System in good faith. gration Reform Trust Fund established tionships and to strengthen overall hiring ‘‘(ii) Failure to provide required documents under section 6(a)(1), $500,000,000 to carry out practices.’’. in a timely manner. this subparagraph. (c) TAXPAYER ADDRESS INFORMATION.—Sec- ‘‘(G) RESPONSIBILITIES OF THE SECRETARY ‘‘(iii) Attempting to use fraudulent docu- tion 6103(m) of the Internal Revenue Code of OF STATE.—As part of the System, the Sec- ments or documents not related to the indi- 1986 is amended by adding at the end the fol- retary of State shall provide to the Sec- vidual. lowing: retary access to passport and visa informa- ‘‘(iv) Misuse of the administrative appeal ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- tion as needed to confirm that a passport, and judicial review process. NISHED TO SECRETARY OF HOMELAND SECU- passport card, or visa presented under sub- ‘‘(F) An assessment of the amount of time RITY.—Upon written request from the Sec- section (c)(1)(C) confirms the identity of the taken for— retary of Homeland Security, the Secretary subject of the System check, and that a pass- ‘‘(i) the System to provide the confirma- shall disclose the mailing address of any tax- port, passport card, or visa photograph tion or further action notice; payer who is entitled to receive a notifica- matches the Secretary of State’s records, ‘‘(ii) individuals to contest further action tion from the Secretary of Homeland Secu- and shall provide such assistance as the Sec- notices; rity pursuant to paragraphs (1)(C) and retary may request in order to resolve fur- ‘‘(iii) the System to provide a confirmation (8)(E)(vii) of section 274A(d) of the Immigra- ther action notices or nonconfirmations re- or nonconfirmation of a contested further tion and Nationality Act (8 U.S.C. 1324a(d)) lating to such information. action notice; for use only by employees of the Department ‘‘(H) UPDATING INFORMATION.—The Com- ‘‘(iv) individuals to file an administrative of Homeland for the purpose of mailing such missioner, the Secretary, and the Secretary appeal of a nonconfirmation; and notification to such taxpayer.’’. of State shall update their information in a ‘‘(v) resolving administrative appeals re- (d) SOCIAL SECURITY ACCOUNT STATE- manner that promotes maximum accuracy garding nonconfirmations. MENTS.—Section 1143(a)(2) of the Social Secu- and shall provide a process for the prompt ‘‘(11) ANNUAL GAO STUDY AND REPORT.— rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— correction of erroneous information. ‘‘(A) REQUIREMENT.—The Comptroller Gen- (1) in subparagraph (D), by striking ‘‘and’’ ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— eral shall, for each year, undertake a study at the end; Notwithstanding any other provision of law, to evaluate the accuracy, efficiency, integ- (2) in subparagraph (E), by striking the pe- no department, bureau, or other agency of rity, and impact of the System. riod at the end and inserting ‘‘; and’’; and the United States Government or any other ‘‘(B) REPORT.—Not later than 18 months (3) by adding at the end the following: entity shall utilize, share, or transmit any after the promulgation of regulations to im- ‘‘(F) to the extent resources are available, information, database, or other records as- plement this subsection, and yearly there- information in the Commissioner’s records sembled under this subsection for any pur- after, the Comptroller General shall submit indicating that a query was submitted to the pose other than for employment verification to Congress a report containing the findings employment verification system established or to ensure secure, appropriate and non- of the study carried out under this para- under section 274A (d) of the Immigration discriminatory use of the System. graph. Each such report shall include, at a and Nationality Act (8 U.S.C. 1324a(d)) under ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— minimum, the following: that individual’s name or social security Not later than 18 months after the promulga- ‘‘(i) An assessment of System performance number; and tion of regulations to implement this sub- with respect to the rate at which individuals ‘‘(G) a toll-free telephone number operated section, and annually thereafter, the Sec- who are eligible for employment in the by the Department of Homeland Security for retary shall submit to Congress a report that United States are correctly approved within employment verification system inquiries includes the following: the required periods, including a separate as- and a link to self-verification procedure es- ‘‘(A) An assessment, as submitted to the sessment of such rate for naturalized United tablished under section 274A(d)(4)(I) of such Secretary by the Inspector General of the States citizens, nationals of the United Act.’’. Department of Homeland Security pursuant States, and aliens. (e) GOOD FAITH COMPLIANCE.—Section to paragraph (8)(C)(iii)(I), of the accuracy ‘‘(ii) An assessment of the privacy and con- 274B(a) (8 U.S.C. 1324b(a)), as amended by sec- rates of further action notices and other Sys- fidentiality of the System and of the overall tion 3105(a) of this Act, is further amended tem notices provided by employers to indi- security of the System with respect to by adding at the end the following: viduals who are authorized to be employed in cybertheft and theft or misuse of private ‘‘(10) TREATMENT OF CERTAIN VIOLATIONS the United States. data. AFTER REASONABLE STEPS IN GOOD FAITH.— ‘‘(B) An assessment, as submitted to the ‘‘(iii) An assessment of whether the Sys- Notwithstanding paragraphs (4), (6), and (7), Secretary by the Inspector General of the tem is being implemented in a manner that a person, other entity, or employment agen- Department of Homeland Security pursuant is not discriminatory or used for retaliation cy shall not be liable for civil penalties de- to paragraph (8)(C)(iii)(I), of the accuracy against employees. scribed in section 274B(g)(2)(B)(iv) that are

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related to a violation of any such paragraph SEC. ll. LOGGING EMPLOYMENT. (c) FACTORS.—In assessing the best inter- if the person, entity, or employment agency (a) DEFINITION OF AGRICULTURAL EMPLOY- ests of the child, the entities referred to in has taken reasonable steps, in good faith, to MENT.—The definition of ‘‘agricultural em- subsection (a) shall consider, in the context comply with such paragraphs at issue, unless ployment’’ in section 218A(a)(1) of the Immi- of the child’s age and maturity, the fol- the person, other entity, or employment gration and Nationality Act, as added by sec- lowing factors: agency— tion 2232, shall be implemented to includes (1) The views of the child. ‘‘(A) was, for similar conduct, subject to— logging employment, as described in section (2) The safety and security considerations ‘‘(i) a reasonable cause determination by 655.103(c)(4)of title 20, Code of Federal Regu- of the child. the Office of Special Counsel for Immigra- lations, as in effect on the date of the enact- (3) The mental and physical health of the tion Related Unfair Employment Practices; ment of this Act. child. or (b) JOB CATEGORIES.—Section 218A(f)(2)(A) (4) The parent-child relationship and fam- ‘‘(ii) a finding by an administrative law of the Immigration and Nationality Act, as ily unity, and the potential effect of sepa- judge that a violation of this section has oc- added by section 2232, shall be implemented rating the child from the child’s parent or curred; or as if it included at the end the following: legal guardian, siblings, and other members ‘‘(B) committed the violation in order to ‘‘(vii) Logging Workers (45-4020).’’. of the child’s extended biological family. interfere with ‘workplace rights’ (as defined (c) DETERMINATION OF WAGE RATE.—Sec- (5) The child’s sense of security, famili- in section 274A(b)(8)). tion 218A(f)(3)(C) of the Immigration and Na- arity, and attachments. ‘‘(11) GOOD FAITH.—As used in paragraph tionality Act, as added by section 2232, shall (6) The child’s well-being, including the (10), the term ‘good faith’ shall not include be administered as to require the Secretary, need of the child for education and support any action taken in order to interfere with in consultation with the Secretary of Labor, related to child development. ‘workplace rights’ (as defined in section to establish the required wage for the next (7) The child’s ethnic, religious, and cul- 274A(b)(8)). Neither the Office of Special calendar year for Logging Workers (45-4020). tural and linguistic background. . Counsel nor an administrative law judge hearing a claim under this section shall have SA 1730. Mr. REID submitted an SA 1734. Ms. LANDRIEU (for herself any authority to assess workplace rights amendment intended to be proposed to and Mr. KIRK) submitted an amend- other than those guaranteed under this sec- amendment SA 1664 submitted by Mr. ment intended to be proposed to tion. amendment SA 1406 submitted by Ms. ‘‘(12) RULES OF CONSTRUCTION.—Nothing in REID and intended to be proposed to LANDRIEU and intended to be proposed this section may be construed— the bill S. 744, to provide for com- ‘‘(A) to permit the Office of Special Coun- prehensive immigration reform and for to the bill S. 744, to provide for com- sel for Immigration-Related Unfair Employ- other purposes; which was ordered to prehensive immigration reform and for ment Practices or an administrative law lie on the table; as follows: other purposes; which was ordered to judge hearing a claim under this Section to Strike ‘‘8 days’’ and insert ‘‘13 days’’ lie on the table; as follows: enforce any workplace rights other than At the appropriate place, insert the fol- those guaranteed under this section; or SA 1731. Mr. REID submitted an lowing: ‘‘(B) to prohibit any person, other entity, amendment intended to be proposed to SEC. 4225. SMALL BUSINESS EXPRESS LANE. or employment agency from using an iden- amendment SA 1664 submitted by Mr. Section 212(n) of the Immigration and Na- tity verification system, service, or method tionality Act (8 U.S.C. 1182(n)), as amended (in addition to the employment verification REID and intended to be proposed to the bill S. 744, to provide for com- by section 4231, is amended by adding at the system described in section 274A(d)), until end the following: the date on which the employer is required prehensive immigration reform and for ‘‘(8)(A) The Secretary shall establish a to participate in the System under section other purposes; which was ordered to small business express lane for the H-1B visa 274A(d)(2) and the additional security meas- lie on the table; as follows: application process, under which the Sec- ures mandated by section 274A(c)(F)(iv) have Strike ‘‘8 days’’ and insert ‘‘15 days’’ retary— become available to verify the identity of a ‘‘(i) may waive the fee for premium proc- newly hired employee, if such system— SA 1732. Mr. REID submitted an essing under section 286(u) for a business ‘‘(i) is used in a uniform manner for all amendment intended to be proposed to that— newly hired employees; amendment SA 1664 submitted by Mr. ‘‘(I) is considered a small business with not ‘‘(ii) is not used for the purpose or with the REID and intended to be proposed to more than 25 employees; intent of discriminating against any indi- ‘‘(II) is not considered an H-1B dependent vidual; the bill S. 744, to provide for com- prehensive immigration reform and for employer; and ‘‘(iii) provides for timely notice to employ- ‘‘(III) reports a business income on the tax ees run through the system of a mismatch or other purposes; which was ordered to filings for the previous year of not more than failure to confirm identity; and lie on the table; as follows: $250,000; and ‘‘(iv) sets out procedures for employees run Strike ‘‘8 days’’ and insert ‘‘14 days’’ ‘‘(ii) shall, to the extent practicable, create through the system to resolve a mismatch or or modify an online interface capable of pro- other failure to confirm identity. SA 1733. Ms. LANDRIEU (for herself, viding real time feedback and error mitiga- ‘‘(13) LIABILITY.—A person, entity, or em- Ms. HIRONO, and Mr. FRANKEN) sub- tion technology that can be used by small ployment agency that uses an identity mitted an amendment intended to be businesses and other employers with the pur- verification system, service, or method in a proposed to amendment SA 1406 sub- pose of increasing employer access in way that conflicts with the requirements set mitted by Ms. LANDRIEU and intended streamlining the H-1B visa application proc- forth in paragraph (10) shall be subject to li- ess. ability under paragraph (4)(I).’’. to be proposed to the bill S. 744, to pro- vide for comprehensive immigration ‘‘(B) The total amount of fees waived dur- (f) MAINTENANCE OF REASONABLE LEVELS OF ing a fiscal year by the Secretary under sub- SERVICE AND ENFORCEMENT.—Notwith- reform and for other purposes; which paragraph (A)(i) shall be added to the pro- standing section 3301(b)(1), amounts appro- was ordered to lie on the table; as fol- jected cost for the service in the following priated pursuant to such section shall be lows: fiscal year and a revised fee shall be estab- used to maintain reasonable levels of service At the appropriate place, insert the fol- lished based on the projected cost. and enforcement rather than a specific nu- lowing: ‘‘(C) The Secretary shall, to the extent meric increase in the number of Department SEC. lll. BEST INTEREST OF THE CHILD. practicable, create an online interface and personnel dedicated to administering the (a) IN GENERAL.—In all procedures and de- mobile application that can be used by small Employment Verification System. cisions concerning unaccompanied alien chil- businesses and other employers with the pur- dren that are made by a Federal agency or a pose of increasing employer access in SA 1729. Ms. COLLINS (for herself Federal court pursuant to the Immigration streamlining the H-1B visa application proc- and Nationality Act (8 U.S.C. 1101 et seq.) or ess. and Mr. KING) submitted an amend- regulations implementing the Act, the best ‘‘(D)(i) The Secretary, in coordination with ment intended to be proposed to interests of the child shall be a primary con- the Administrator of the Small Business Ad- amendment SA 1705 submitted by Ms. sideration. ministration, shall set a goal of not less than COLLINS (for herself and Mr. KING) and (b) DETERMINATIONS RELATED TO SECTION 30 percent of H-1B visas being awarded to intended to be proposed to the bill S. 101(A)(27)(J) OF THE IMMIGRATION AND NATION- small businesses. 744, to provide for comprehensive im- ALITY ACT.—Best interests determinations ‘‘(ii) Of the goal amount described in migration reform and for other pur- made in administrative or judicial pro- clause (i)— 1 poses; which was ordered to lie on the ceedings described in section 101(a)(27)(J) of ‘‘(I) ⁄3 of the goal shall be reserved for the Immigration and Nationality Act (8 businesses with not more than 25 employees; table; as follows: U.S.C. 1101(a)(27)(J)) shall be conclusive in and On page 1, strike lines 2 through 8 and in- assessing the best interests of the child ‘‘(II) 2⁄3 of the goal may be used by busi- sert the following: under this section. nesses with not more than 500 employees.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5301 ‘‘(iii) The goal described in clause (i) may (3) the economic impact of such System on and for other purposes; which was or- be modified by the Secretary, in consulta- small businesses. dered to lie on the table; as follows: (d) GOVERNMENT ACCOUNTABILITY OFFICE tion with the Administrator of the Small At the appropriate place, insert the fol- Business Administration, based on any feed- STUDY OF THE EFFECTS OF DOCUMENT RE- lowing: back provided by the Office of Advocacy of QUIREMENTS ON EMPLOYMENT AUTHORIZED SEC. 3717. COST EFFECTIVENESS IN DETENTION the Small Business Administration. PERSONS AND EMPLOYERS.— ‘‘(E) The Bureau of Immigration and Labor FACILITY CONTRACTING. (1) STUDY.—The Comptroller General of the The Director of U.S. Immigration and Cus- Market Research shall submit a report, on United States shall carry out a study of— toms Enforcement shall take appropriate an annual basis, to the Committee on the Ju- (A) the effects of the documentary require- diciary of the Senate, the Small Business measures to minimize, and if possible reduce, ments of section 274A of the Immigration the daily bed rate charged to the Federal and Entrepreneurship Committee of the Sen- and Nationality Act, as amended by sub- ate, the Committee on the Judiciary of the Government through a competitive process section (a), on employers, naturalized United in contracting for or otherwise obtaining de- House of Representatives, and the Small States citizens, nationals of the United Business and Entrepreneurship Committee of tention beds while ensuring that the most States, and individuals with employment au- recent detention standards, including health the House of Representatives that contains— thorized status; and ‘‘(i) the total number of H-1B visa applica- standards, and management practices em- (B) the challenges such employers, citi- ployed by the agency are met. tions broken down by business size category zens, nationals, or individuals may face in and expressed as a percentage of the total— obtaining the documentation required under ‘‘(I) 0–25 employees; SA 1737. Ms. LANDRIEU (for herself that section. ‘‘(II) 26–50 employees; and Mr. COCHRAN) submitted an amend- (2) REPORT.—Not later than 4 years after ‘‘(III) 50–100 employees; ment intended to be proposed to the date of the enactment of this Act, the ‘‘(IV) 100–500 employees; or Comptroller General shall submit to Con- amendment SA 1406 submitted by Ms. ‘‘(V) more than 500 employees; gress a report containing the findings of the LANDRIEU and intended to be proposed ‘‘(ii) the total number of H-1B visa applica- to the bill S. 744, to provide for com- tions broken down by North American Indus- study carried out under paragraph (1). Such try Classification System (NAICS) Code and report shall include, at a minimum, the fol- prehensive immigration reform and for expressed as a percentage of the total; and lowing: other purposes; which was ordered to ‘‘(iii) the percentage and number of— (A) An assessment of available information lie on the table; as follows: ‘‘(I) small businesses to apply for H-1B regarding the number of working age nation- At the appropriate place, add the fol- visas; als of the United States and individuals who lowing: ‘‘(II) small businesses awarded H-1B visas; have employment authorized status who (j) REPORTS.— ‘‘(III) small businesses that used the pre- lack documents required for employment by (1) REQUIREMENT FOR REPORTS.—Not later mium processing service; such section 274A. than 90 days after the date of the enactment ‘‘(IV) all businesses that used the premium (B) A description of the additional steps re- of this Act, and every 180 days thereafter, processing service and were awarded H-1B quired for individuals who have employment the Secretary shall submit to the Committee visas; and authorized status and do not possess the doc- on the Judiciary and the Committee on Ap- ‘‘(V) all businesses that did not use the uments required by such section 274A to ob- propriations of the Senate and the Com- premium processing service and were award- tain such documents. mittee on the Judiciary and the Committee ed H-1B visas; and (C) A general assessment of the average fi- on Appropriations of the House of Represent- ‘‘(iv) a longitudinal and graphical view of nancial costs for individuals who have em- atives a report on the EB-5 program carried the small business percentages described in ployment authorized status who do not pos- out pursuant to section 203(b)(5) of the Immi- subparagraph (D) and this subparagraph. sess the documents required by such section gration and Nationality (8 U.S.C. 1153(b)(5)), ‘‘(F) Beginning 4 years after the date of en- 274A to obtain such documents. as amended by this section. actment of the Border Security, Economic (D) A general assessment, conducted in (2) CONTENT.—Each report required by Opportunity, and Immigration Moderniza- consultation with the Chief Counsel of the paragraph (1) shall include the following: tion Act, and every 4 years thereafter, as Office of Advocacy of the Small Business Ad- (A) The number of applications pending for part of the report submitted under subpara- ministration, of the average financial costs an immigrant visa described in section graph (E), the Bureau of Immigration and and challenges for employers who have been 203(b)(5) of the Immigration and Nationality Labor Market Research shall include de- required to participate in the Employment Act (8 U.S.C. 1153(b)(5)), disaggregated by scription of the impact of the application Verification System established by sub- State. process on the on small business, which shall section (d) of such section 274A. (B) The period of time each such applica- take into consideration— (E) A description of the barriers to individ- tion has been pending. ‘‘(i) the cost to apply for the visas; uals who have employment authorized status (C) The average length of time required to ‘‘(ii) the impact of the fee waiver under in obtaining the documents required by such conduct an economic evaluation of a project subparagraph (A)(i) on small businesses; and section 274A, including barriers imposed by ‘‘(iii) recommendations for streamlining and suitability of a petitioner for such a visa the executive branch of the Government. and the Secretary’s goals for these time- the application process, including rec- (F) Any particular challenges facing indi- ommended modifications and updates to the frames. viduals who have employment authorized (D) A description of any additional re- online user interface and mobile applica- status who are members of a federally recog- tion.’’. sources necessary to efficiently administer nized Indian tribe in complying with the pro- the EB-5 program carried out pursuant to SA 1735. Ms. LANDRIEU (for herself, visions of such section 274A. such section 203(b)(5). (e) EARLY ADOPTION FOR SMALL EMPLOY- Mrs. SHAHEEN, Mr. FRANKEN, and Mr. (E) The number of applications that have ERS.— been approved or denied for such a visa in COATS) submitted an amendment in- (1) IN GENERAL.—Not later than 1 year after tended to be proposed to amendment the most recent reporting period with an ac- the date of enactment of this Act, the Sec- companying explanation of reasons for such SA 1406 submitted by Ms. LANDRIEU retary shall create a mobile application and approval or denial, disaggregated by State. and intended to be proposed to the bill utilize other available smart-phone tech- (F) The number of jobs created by such EB- S. 744, to provide for comprehensive nology for employers utilizing the System, 5 program in each 180-day period, immigration reform and for other pur- to encourage small employers to utilize the disaggregated by State. poses; which was ordered to lie on the System prior to the time at which utiliza- (G) The types of projects proposed and the table; as follows: tion becomes mandatory for all employers. number of aliens granted such a visa in each (2) MARKETING.—Not later than 1 year after At the appropriate place, insert the fol- 180-day period, disaggregated by State and the date of enactment of this Act, the Sec- by North American Industry Classification lowing: retary shall, in consultation with the Ad- (c) REPORT ON IMPACT OF THE SYSTEM ON System (NAICS) code. ministrator of the Small Business Adminis- EMPLOYERS.—Not later than 18 months after tration, make available marketing and other the date of the enactment of this Act, the SA 1738. Ms. LANDRIEU (for herself, incentives to small business concerns to en- Secretary, in consultation with the Chief Mr. CARPER, Mr. BEGICH, and Ms. MUR- courage small employers to utilize the Sys- Counsel of the Office of Advocacy of the KOWSKI) submitted an amendment in- tem prior to the time at which utilization of Small Business Administration, shall submit the System becomes mandatory for all em- tended to be proposed to amendment to Congress a report that assesses— ployers. SA 1406 submitted by Ms. LANDRIEU (1) the implementation of the Employment and intended to be proposed to the bill Verification System established under sec- SA 1736. Ms. LANDRIEU submitted S. 744, to provide for comprehensive tion 274A(d) of the Immigration and Nation- an amendment intended to be proposed ality Act, as amended by subsection (a), by immigration reform and for other pur- employers; to amendment SA 1406 submitted by poses; which was ordered to lie on the (2) any adverse impact on the revenues, Ms. LANDRIEU and intended to be pro- table; as follows: business processes, or profitability of em- posed to the bill S. 744, to provide for At the appropriate place insert the fol- ployers required to use such System; and comprehensive immigration reform lowing:

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5302 CONGRESSIONAL RECORD — SENATE June 26, 2013 (d) DONATIONS FOR LAND PORTS OF ENTRY services made available for the same pur- ‘‘Health Care Quality: The Path For- FACILITIES.— pose. ward.’’ (1) DONATIONS PERMITTED.—Notwith- (7) UNCONDITIONAL DONATIONS.—A donation The PRESIDING OFFICER. Without standing any other provision of law, includ- provided pursuant to paragraph (1) shall be objection, it is so ordered. ing chapter 33 of title 40, United States Code, made unconditionally, although the donor the Secretary, for purposes of constructing, may specify— SUBCOMMITTEE ON STRATEGIC FORCES altering, operating, or maintaining a new or (A) the land port of entry facility or facili- Mr. LEAHY. Mr. President, I ask existing land port of entry facility, may ac- ties to be benefitted from such donation; and unanimous consent that the Sub- cept donations of real and personal property (B) the timeframe during which the do- committee on Strategic Forces of the (including monetary donations) and nonper- nated property or services shall be used. Committee on Armed Services be au- sonal services from private parties and State (8) RETURN OF DONATIONS.—If the Secretary thorized to meet during the session of and local government entities. or the Administrator does not use the prop- erty or services donated pursuant to para- the Senate on June 26, 2013, at 2:30 p.m. (2) ALLOWABLE USES OF DONATIONS.—The The PRESIDING OFFICER. Without Secretary, with respect to any donation pro- graph (1) for the specific land port of entry vided pursuant to paragraph (1), may— facility or facilities designated by the donor objection, it is so ordered. (A) use such property or services for nec- or within the timeframe specified by the SPECIAL COMMITTEE ON AGING essary activities related to the construction, donor, such donated property or services Mr. LEAHY. Mr. President, I ask alteration, operation, or maintenance of a shall be returned to the entity that made the unanimous consent that the Special new or existing land port of entry facility donation. No interest shall be owed to the donor with respect to any donation of fund- Committee on Aging be authorized to under the custody and control of the Sec- meet during the session of the Senate retary, including expenses related to— ing provided under paragraph (1) that is re- (i) land acquisition, design, construction, turned pursuant to this paragraph. on June 26, 2013, to conduct a hearing repair and alteration; (9) REPORT.— entitled ‘‘Renewing the Conversation: (ii) furniture, fixtures, and equipment; (A) IN GENERAL.—Not later than 1 year Respecting Patients’ Wishes and Ad- (iii) the deployment of technology and after the date of the enactment of this Act, vance Care Planning’’ equipment; and and annually thereafter, the Secretary, in The Committee will meet in room 124 (iv) operations and maintenance; or consultation with the Administrator, shall of the Dirksen Senate Office Building (B) transfer such property or services to submit a report to the congressional com- mittees listed in subparagraph (B) that de- beginning at 2 p.m. the Administrator of General Services for The PRESIDING OFFICER. Without necessary activities described in paragraph scribes— (1) related to a new or existing land port of (i) the accepted donations received under objection, it is so ordered. entry facility under the custody and control this subsection; f (ii) the ports of entry that received such of the Administrator. RELATING TO THE ONGOING CON- (3) EVALUATION PROCEDURES.—Not later donations; and than 180 days after the date of the enactment (iii) how each donation helped facilitate FLICT IN THE DEMOCRATIC RE- of this Act, the Secretary, in consultation the construction, alteration, operation, or PUBLIC OF THE CONGO with the Administrator, shall establish pro- maintenance of a new or existing land port Mr. REID. Mr. President, I ask unan- cedures for evaluating a proposal submitted of entry. (B) CONGRESSIONAL COMMITTEES.—The con- imous consent that the Senate proceed by any person described in paragraph (1) to to the consideration of Calendar No. 93, make a donation of real or personal property gressional committees listed in this subpara- (including monetary donations) or nonper- graph are— S. Res. 144. sonal services to facilitate the construction, (i) the Committee on Appropriations of the The PRESIDING OFFICER. The alteration, operation, or maintenance of a Senate; clerk will report the resolution by new or existing land port of entry facility (ii) the Committee on Homeland Security title. under the custody and control of the Sec- and Governmental Affairs of the Senate; The legislative clerk read as follows: (iii) the Committee on Finance of the Sen- retary. A resolution (S. Res. 144) concerning the (4) CONSIDERATIONS.—In determining ate; (iv) the Committee on Appropriations of ongoing conflict in the Democratic Republic whether or not to approve a proposal de- of the Congo and the need for international scribed in paragraph (3), the Secretary or the the House of Representatives; (v) the Committee on Homeland Security efforts supporting long-term peace, stability, Administrator shall consider— and observance of human rights. (A) the impact of the proposal on reducing of the House of Representatives; and wait times at that port of entry and other (vi) the Committee on Ways and Means of There being no objection, the Senate ports of entry on the same border; the House of Representatives. proceeded to consider the resolution, (B) the potential of the proposal to in- (10) SAVINGS PROVISION.—Nothing in this which had been reported from the Com- crease trade and travel efficiency through subsection may be construed to affect or mittee on Foreign Relations, with an added capacity; alter the existing authority of the Secretary amendment to strike all after the re- (C) the potential of the proposal to en- or the Administrator of General Services to construct, alter, operate, and maintain land solving clause and insert the part hance the security of the port of entry; and printed in italic, as follows: (D) other factors that the Secretary deter- port of entry facilities. mines to be relevant. (e) S. RES. 144 (5) CONSULTATION.— f Resolved, That the Senate— (A) LOCATIONS FOR NEW PORTS OF ENTRY.— COMMITTEE ON COMMERCE, SCIENCE, AND (1) commends United Nations Secretary-Gen- The Secretary is encouraged to consult with TRANSPORTATION eral Ban Ki-Moon’s commitment and leadership the Secretary of the Interior, the Secretary Mr. LEAHY. Mr. President, I ask to resolving the crisis in the Democratic Repub- of Agriculture, the Secretary of State, the unanimous consent that the Com- lic of the Congo and his appointment of Mary International Boundary and Water Commis- Robinson as United Nations Special Envoy to sion, and appropriate representatives of mittee on Commerce, Science, and the Great Lakes; States, local governments, Indian tribes, and Transportation be authorized to meet (2) supports the commitments agreed to by the property owners— during the session of the Senate on signatories of the Peace, Security and Coopera- (i) to determine locations for new ports of June 26, 2013, at 2:30 p.m. in room 253 of tion (in this resolution, the ‘‘Framework’’), and entry; and the Russell Senate Office Building. encourages them to work closely with the (ii) to minimize the adverse impacts from The Committee will hold a hearing United Nations, the African Union, the Inter- such ports on the environment, historic and entitled, ‘‘From the Lab Bench to the national Conference on the Great Lakes Region, cultural resources, commerce, and the qual- Courtroom: Advancing the Science and the Southern African Development Community, ity of life for the communities and residents as guarantors of the Framework, and the located near such ports. Standards of Forensics.’’ United Nations Special Envoy, MONUSCO, and (B) SAVINGS PROVISION.—Nothing in this The PRESIDING OFFICER. Without relevant international bodies and governments paragraph may be construed— objection, it is so ordered. to develop, implement, and enforce a com- (i) to create any right or liability of the COMMITTEE ON FINANCE prehensive peace process for the region; parties described in subparagraph (A); and Mr. LEAHY. Mr. President, I ask (3) notes that the adoption of the Framework, (ii) to affect any consultation requirement unanimous consent that the Com- the appointment of Mary Robinson as United under any other law. mittee on Finance be authorized to Nations Special Envoy to the Great Lakes, and (6) SUPPLEMENTAL FUNDING.—Property (in- the expanded MONUSCO mandate provide an cluding monetary donations) and services meet during the session of the Senate opportunity to make meaningful and sustained provided pursuant to paragraph (1) may be on June 26, 2013, at 10 a.m., in room progress toward ending the recurrent cycles of used in addition to any other funding (in- SD–215 of the Dirksen Senate Office violence in the Democratic Republic of the cluding appropriated funds), property, or Building, to conduct a hearing entitled Congo, especially in eastern Congo;

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 6333 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5303 (4) urges the signatories of the Framework those responsible for violating international hu- eral and multilateral efforts to address long- and the international community to engage and manitarian law and for serious human rights standing humanitarian crises, forge lasting consult with representatives of the Government violations, including gender-based violence; peace, and pursue security sector reform and of the Democratic Republic of the Congo and (11) calls on the Government of the Demo- accountability; civil society representatives engaged in the on- cratic Republic of the Congo to engage in mean- Whereas members of civil society and po- going effort to convene an inclusive national ingful and inclusive electoral reforms, prepare litical parties from both the majority and forum and dialogue; and hold impartially administered local and the opposition in the Democratic Republic of (5) welcomes the announcement by World provincial elections as soon as technically pos- the Congo created the National Preparatory Bank President Jim Yong Kim of $1,000,000,000 sible, continue to participate in ongoing efforts Committee (Comite´ National Pre´paratoire or in proposed new funding to help the Democratic to provide a platform for inclusive dialogue CNP) to lay the groundwork for convening a Republic of the Congo and other countries in within the Democratic Republic of the Congo to national forum and dialogue with the goal of the Great Lakes region to provide better health address critical internal political issues at the putting an end to the multifaceted crisis and education services, generate more cross-bor- local and national levels, and strengthen proc- that afflicts the Democratic Republic of the der trade, and to fund hydroelectricity projects esses of state institution building; Congo; in support of the Framework agreement; (12) calls on the Government of the Demo- Whereas, on November 15, 2012, the United (6) welcomes the appointment of Russ Fein- cratic Republic of the Congo, in coordination Nations Group of Experts provided compel- gold as the United States Special Envoy for the with the international community, to undertake ling evidence that the crisis in eastern Congo African Great Lakes region and the Democratic significant security sector reform, which is a had been fueled and exacerbated by regional Republic of the Congo and urges him to advance necessary component for lasting stability, and actors, including through provision of sig- United States, international, and regional ef- renewed disarmament, demobilization, and re- nificant military and logistical assistance forts to end the conflict and secure sustainable integration (DDR) efforts that ensure that any and of operational and political support to peace, stability, and safety for the people of the rebel troops, especially commanders, responsible the armed group known as the M23; Democratic Republic of the Congo by— for human rights violations are held account- Whereas the United Nations and United (A) working with United Nations Special able and not reintegrated into the Armed Forces States Government have imposed sanctions Envoy Mary Robinson and the broader inter- of the Democratic Republic of the Congo on the M23 and its leaders for human rights national community to promote a transparent (FARDC); and atrocities including rape, massacres, and the and inclusive process to implement the regional (13) urges the Government of the Democratic recruitment and physical and psychological and national commitments under the Frame- Republic of the Congo to improve efforts to pro- torture of child soldiers; work, including the development of clear bench- tect civilians from armed groups, in cooperation Whereas, on March 18, 2013, International marks for progress and appropriate follow-on with MONUSCO and the African Union’s Re- Criminal Court (ICC) indictee and leader of a measures; gional Cooperation Initiative on the LRA. faction of the M23 rebel group, Bosco (B) strengthening international efforts to mo- Mr. REID. Mr. President, I ask unan- Ntaganda, turned himself in to the United bilize and support justice for victims and ac- imous consent that the committee-re- States Embassy in Kigali, asking to be transferred to the ICC in The Hague, where countability for perpetrators of sexual and gen- ported substitute amendment be agreed der based violence and other human rights he voluntarily surrendered on March 22, 2013; abuses in the Democratic Republic of the Congo; to, the resolution, as amended, be Whereas the Lord’s Resistance Army con- (C) expanding efforts to develop conflict-free agreed to, the preamble be agreed to, tinues to perpetrate attacks against civilian and responsible mining and supply chains for and the motions to reconsider be con- populations in affected areas of northeastern the region’s vast mineral resources, in coordina- sidered made and laid upon the table, Congo, creating widespread insecurity and tion with other government, private industry, with no intervening action or debate. displacement; and international and local organizations; The PRESIDING OFFICER. Is there Whereas the Democratic Republic of the (D) coordinating with international and re- objection? Congo, Rwanda, and 9 other countries on gional partners to expand unhindered access to February 24, 2013, signed the Peace, Security Without objection, it is so ordered. and Cooperation Framework that provides life-saving humanitarian assistance to popu- The committee-reported substitute lations in need, particularly displaced persons for a comprehensive approach to the ongoing and conflict-affected communities; amendment was agreed to. conflict; (E) pressing for fulfillment of the commitment The resolution (S. Res. 144), as Whereas the United Nations Security of the Government of the Democratic Republic amended, was agreed to. Council adopted Resolution 2098 on March 28, of the Congo, as well as other regional actors, to The preamble was agreed to. 2013, extending the mandate of the United ending the threat posed by the M23, the Lord’s The resolution, as amended, with its Nations Organization Stabilization Mission Resistance Army (LRA), the Democratic Forces preamble, reads as follows: (MONUSCO) and authorizing the creation of for the Liberation of Rwanda (FDLR), and an intervention brigade tasked with neutral- S. RES. 144 other armed groups in the Great Lakes region, izing armed groups; and and to facilitate enhanced coordination of re- Whereas, since the 1990s, an estimated Whereas, on March 18, 2013, United Nations gional efforts to counter these groups; and 5,000,000 people have died due to repeated cy- Secretary-General Ban Ki-Moon appointed (F) mobilizing and facilitating United States cles of conflict, lack of governance, and former President of Ireland and High Com- and international support for electoral reforms atrocities in the Democratic Republic of the missioner for Human Rights, Mary Robinson, in the Democratic Republic of the Congo, with Congo, particularly those in North and to serve as Special Envoy for the Great the goal of encouraging free, fair, and credible South Kivu provinces, and, since the begin- Lakes region: Now, therefore, be it provincial and local elections in the near-term, ning of 2012, more than 2,000,000 people have Resolved, That the Senate— and presidential elections in 2016; been displaced; (1) commends United Nations Secretary- (7) calls on the President, in close coordina- Whereas the United Nations and humani- General Ban Ki-Moon’s commitment and tion with international and regional partners, tarian groups have reported staggering rates leadership to resolving the crisis in the to work with the Government of the Democratic of sexual violence indicating tens of thou- Democratic Republic of the Congo and his Republic of the Congo to develop and implement sands of cases perpetrated by security forces appointment of Mary Robinson as United Na- recommendations to improve accountability for of the Government of the Democratic Repub- tions Special Envoy to the Great Lakes; serious violations of international humanitarian lic of the Congo and non-state armed groups, (2) supports the commitments agreed to by law and human rights abuses in the Democratic which continue to operate with nearly total the signatories of the Peace, Security and Republic of the Congo, including by considering impunity; Cooperation (in this resolution, the ‘‘Frame- imposition of sanctions authorized under section Whereas human rights defenders in the work’’), and encourages them to work close- 1284 of the National Defense Authorization Act Democratic Republic of the Congo have been ly with the United Nations, the African for Fiscal Year 2013 (Public Law 112–239; 50 subject to intimidation and attack; Union, the International Conference on the U.S.C. 1701 note); Whereas the Democratic Republic of the Great Lakes Region, the Southern African (8) calls on governments of the Great Lakes Congo’s wealth of natural resources, includ- Development Community, as guarantors of region of Africa to immediately halt and prevent ing minerals, have been a key driver of insta- the Framework, and the United Nations Spe- any and all forms of support to non-state armed bility and violence; cial Envoy, MONUSCO, and relevant inter- groups, including support provided by individ- Whereas the deeply flawed November 2011 national bodies and governments to develop, uals independent of government policy; presidential election in the Democratic Re- implement, and enforce a comprehensive (9) calls on all relevant nations, including public of the Congo presented significant po- peace process for the region; destination and transit countries, to increase co- litical, economic, and social challenges, and (3) notes that the adoption of the Frame- operation on ending the illicit trade in conflict provincial and local elections still have not work, the appointment of Mary Robinson as minerals, wildlife, and wildlife parts, which been conducted despite plans to hold such United Nations Special Envoy to the Great continues to fuel and fund violence and to de- elections in 2012; Lakes, and the expanded MONUSCO mandate prive citizens of economic opportunity in the Whereas the Democratic Republic of the provide an opportunity to make meaningful Democratic Republic of the Congo and the Congo remains subject to recurring conflict and sustained progress toward ending the re- broader region; despite one of the world’s longest-running, current cycles of violence in the Democratic (10) calls on the signatories of the Framework largest, and most expensive international Republic of the Congo, especially in eastern to cooperate in the arrest and prosecution of peacekeeping operations and extensive bilat- Congo;

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5304 CONGRESSIONAL RECORD — SENATE June 26, 2013 (4) urges the signatories of the Framework crease cooperation on ending the illicit trade to the consideration of S. Res. 187, and the international community to engage in conflict minerals, wildlife, and wildlife which was submitted earlier today. and consult with representatives of the Gov- parts, which continues to fuel and fund vio- The PRESIDING OFFICER. The ernment of the Democratic Republic of the lence and to deprive citizens of economic op- clerk will report the resolution by Congo and civil society representatives en- portunity in the Democratic Republic of the gaged in the ongoing effort to convene an in- title. Congo and the broader region; The legislative clerk read as follows: clusive national forum and dialogue; (10) calls on the signatories of the Frame- (5) welcomes the announcement by World work to cooperate in the arrest and prosecu- A resolution (S. Res. 187) congratulating Bank President Jim Yong Kim of tion of those responsible for violating inter- the Chicago Blackhawks on winning the 2013 $1,000,000,000 in proposed new funding to help national humanitarian law and for serious Stanley Cup. the Democratic Republic of the Congo and human rights violations, including gender- There being no objection, the Senate other countries in the Great Lakes region to based violence; proceeded to consider the resolution. provide better health and education services, (11) calls on the Government of the Demo- f generate more cross-border trade, and to cratic Republic of the Congo to engage in fund hydroelectricity projects in support of meaningful and inclusive electoral reforms, CONGRATULATING THE CHICAGO the Framework agreement; prepare and hold impartially administered BLACKHAWKS (6) welcomes the appointment of Russ local and provincial elections as soon as Feingold as the United States Special Envoy Mr. DURBIN. Mr. President, I made a technically possible, continue to participate point of not raising this issue when for the African Great Lakes region and the in ongoing efforts to provide a platform for Democratic Republic of the Congo and urges inclusive dialogue within the Democratic Senator COWAN was in the chair the him to advance United States, international, Republic of the Congo to address critical in- other day, but I wanted to come to the and regional efforts to end the conflict and ternal political issues at the local and na- floor and say a few words about the secure sustainable peace, stability, and safe- tional levels, and strengthen processes of Chicago Blackhawks. ty for the people of the Democratic Republic state institution building; For the fifth time since 1926 and the of the Congo by— (12) calls on the Government of the Demo- second time in four seasons, the Chi- (A) working with United Nations Special cratic Republic of the Congo, in coordination cago Blackhawks are the Stanley Cup Envoy Mary Robinson and the broader inter- with the international community, to under- national community to promote a trans- champions. On Monday night, the take significant security sector reform, Blackhawks scored 2 goals in 17 sec- parent and inclusive process to implement which is a necessary component for lasting the regional and national commitments stability, and renewed disarmament, demobi- onds in the third period to win the under the Framework, including the develop- lization, and reintegration (DDR) efforts Stanley Cup finals and to bring Lord ment of clear benchmarks for progress and that ensure that any rebel troops, especially Stanley’s Cup back home to the city of appropriate follow-on measures; commanders, responsible for human rights Chicago. (B) strengthening international efforts to violations are held accountable and not re- I want to congratulate team owner mobilize and support justice for victims and integrated into the Armed Forces of the Rocky Wirtz, team president John accountability for perpetrators of sexual and Democratic Republic of the Congo (FARDC); gender based violence and other human McDonough, general manager Stan and rights abuses in the Democratic Republic of Bowman, and head coach Joel (13) urges the Government of the Demo- the Congo; Quenneville. I will tell you that Joel cratic Republic of the Congo to improve ef- (C) expanding efforts to develop conflict- Quenneville, a great hockey player in forts to protect civilians from armed groups, free and responsible mining and supply in cooperation with MONUSCO and the Afri- his own right, has been an extraor- chains for the region’s vast mineral re- can Union’s Regional Cooperation Initiative dinary coach and one who has taken a sources, in coordination with other govern- on the LRA. great group of players and brought ment, private industry, and international them to the pinnacle of success when it and local organizations; f comes to the National Hockey League. (D) coordinating with international and re- COMMEMORATING THE 50TH ANNI- gional partners to expand unhindered access It was a shortened season, but the to life-saving humanitarian assistance to VERSARY OF THE ORGANIZA- Blackhawks made the most of it. They populations in need, particularly displaced TION OF AFRICAN UNITY didn’t lose a game in regulation in the persons and conflict-affected communities; Mr. REID. Mr. President, I ask unan- first 24 games. By the end of the season (E) pressing for fulfillment of the commit- imous consent that the Senate proceed they had won the President’s Trophy, ment of the Government of the Democratic to the immediate consideration of Cal- which is awarded to the team with the Republic of the Congo, as well as other re- endar No. 96, S. Res. 166. most points in the NHL. gional actors, to ending the threat posed by The PRESIDING OFFICER. The the M23, the Lord’s Resistance Army (LRA), That doesn’t always mean you are the Democratic Forces for the Liberation of clerk will report the resolution by successful. Before this season, only Rwanda (FDLR), and other armed groups in title. seven winners of the President’s Tro- the Great Lakes region, and to facilitate en- The legislative clerk read as follows: phy won the Stanley Cup. But the hanced coordination of regional efforts to A resolution (S. 166) commemorating the Hawks were up to it. counter these groups; and 50th anniversary of the founding of the Orga- First, they faced the Minnesota (F) mobilizing and facilitating United nization of African Unity (OAU) and com- Wild—and I heard a lot from Senators States and international support for elec- mending its successor, the African Union. KLOBUCHAR and FRANKEN about that toral reforms in the Democratic Republic of There being no objection, the Senate the Congo, with the goal of encouraging free, contest. We prevailed. Then they went proceeded to consider the resolution. on to face the Detroit Red Wings. They fair, and credible provincial and local elec- Mr. REID. I further ask unanimous had to win three games in a row and tions in the near-term, and presidential elec- consent that the resolution be agreed score a goal in an overtime thriller to tions in 2016; to, the preamble be agreed to, and the (7) calls on the President, in close coordi- beat the Red Wings, then faced last motions to reconsider be considered nation with international and regional part- year’s Stanley Cup champs, the Los ners, to work with the Government of the made and laid upon the table, with no intervening action or debate. Angeles Kings, and they finally earned Democratic Republic of the Congo to develop the right to play the Boston Bruins in and implement recommendations to improve The PRESIDING OFFICER. Without accountability for serious violations of objection, it is so ordered. the finals. It was a hard-fought contest international humanitarian law and human The resolution (S. Res. 166) was by two excellent, great teams, and they rights abuses in the Democratic Republic of agreed to. kept us up late at night. Down 2 to 1, the Congo, including by considering imposi- The preamble was agreed to. with just over 1 minute to play, the tion of sanctions authorized under section (The resolution, with its preamble, is Blackhawks scored two goals to win 1284 of the National Defense Authorization printed in the RECORD of Monday, June their second Stanley Cup in the last Act for Fiscal Year 2013 (Public Law 112–239; 10, 2013 under ‘‘Submitted Resolu- four seasons. 50 U.S.C. 1701 note); tions.’’) This year’s championship was truly a (8) calls on governments of the Great team effort. The Blackhawks won with Lakes region of Africa to immediately halt f contributions up and down the lineup. and prevent any and all forms of support to CONGRATULATING CHICAGO non-state armed groups, including support MVP Patrick Kane topped the Hawks BLACKHAWKS ON WINNING 2013 with 19 points. provided by individuals independent of gov- STANLEY CUP ernment policy; Bryan Bickell had 17 points, while (9) calls on all relevant nations, including Mr. REID. Mr. President, I ask unan- Patrick Sharp led all Hawks with 10 destination and transit countries, to in- imous consent that the Senate proceed goals.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5305 Corey Crawford was tremendous in The PRESIDING OFFICER. The 100th Anniversary Tours and Celebra- the net, and the Hawks penalty kill- clerk will report the resolution by tion. Two tours will start simulta- ers—led by Michael Frolik and Marcus title. neously in New York City and San Kruger—were great, only allowing The legislative clerk read as follows: Francisco and meet in Kearney, NE, seven goals in 23 games while scoring a A resolution (S. Res. 188) recognizing June which is 1,733 miles from both the At- pair of shorthanded goals. 30, 2013, as the centennial of the Lincoln lantic and Pacific coasts. The Hawks would also tell you that Highway. I am proud the Senate can help com- they couldn’t have done it without the There being no objection, the Senate memorate the important role that the support of their fans. proceeded to consider the resolution. Lincoln Highway has played in devel- The ‘‘Madhouse on Madison’’ was Mrs. FISCHER. Mr. President, I rise oping our country’s highway heritage rocking from the very first note of the today to discuss the Lincoln Highway by celebrating the centennial of our Star-Spangled Banner and proved to be resolution, which celebrates the cen- first transcontinental highway. a difficult environment for opponents tennial of the Nation’s first trans- Mr. REID. I ask unanimous consent with Chicago taking 11 of their 13 home continental highway. that the resolution be agreed to, the games in the playoffs. In America, our highways are a part preamble be agreed to, and the motions The Blackhawks gave fans several of our heritage. They connect people, to reconsider be laid upon the table, memorable moments throughout their transport goods, promote tourism, and with no intervening action or debate. Stanley Cup run, including Brent support economies. The PRESIDING OFFICER. Without Seabrook’s overtime goal in Game 7 to I developed an appreciation for our objection, it is so ordered. eliminate the Red Wings, Kane’s dou- highway heritage at an early age from The resolution (S. Res. 188) was ble-overtime goal to complete a hat my father, Jerry Strobel. After return- agreed to. trick and eliminate the Kings, Andrew ing from service in World War II, he The preamble was agreed to. Shaw’s triple-overtime goal to win dedicated his career to serving Nebras- (The resolution, with its preamble, is Game 1 of the series against Boston, kans at the State Department of printed in today’s RECORD under ‘‘Sub- and now the late-game heroics of mitted Resolutions.’’) Bickell and Dave Bolland to clinch the Roads. As a civil servant for 45 years, f championship for Chicago. he worked many years as a deputy The Stanley Cup has come home to state engineer and went on to serve as ON THE PASSING OF THE HONOR- Chicago and Hawks fans can’t wait to director and State engineer for the Ne- ABLE WILLIAM DODD HATHA- celebrate with Captain Jonathan braska Department of Roads from 1987 WAY to 1991. He was a member of the Road Toews, his teammates, and the 35- Mr. REID. Mr. President, I ask unan- and Transportation Builders Associa- pound silver guest of honor. imous consent that the Senate proceed tion and the American Association of At 4 a.m. Tuesday morning, hundreds to the consideration of S. Res. 189, State Highway and Transportation Of- of Hawks fans greeted the team plane which was submitted earlier today. ficials. at O’Hare, ready to celebrate another The PRESIDING OFFICER. The Just as I have my father to thank for NHL championship. clerk will report the resolution by I will tell you that I have witnessed, developing my appreciation of roads title. and bridges, our vital infrastructure, representing the city of Chicago, some The legislative clerk read as follows: extraordinary fan loyalty. What I have we as a country have Carl Fisher of In- seen from the Chicago Blackhawks A resolution (S. Res. 189) relative to the diana to thank for developing our Na- death of the Honorable William Dodd Hatha- over the last 8 weeks has been amazing. tion’s first transcontinental highway. way, former United States Senator for the You can’t walk down Michigan Avenue, A century ago, he conceived and pro- State of Maine. State Street, or any neighborhood moted the idea of a highway that There being no objection, the Senate without running into Blackhawks gear. would ‘‘stimulate as nothing else could proceeded to consider the resolution. People are so proud of their team, and the building of enduring highways ev- Mr. REID. I ask unanimous consent now as they parade the Stanley Cup erywhere that will not only be a credit that the resolution be agreed to, the around Chicago it is the front page of to the American people but that will preamble be agreed to, and the motions every newspaper. also mean much to American agri- to reconsider be laid upon the table, A few years ago when they were the culture and American commerce.’’ with no intervening action or debate. Stanley Cup champions last, the Stan- Carl Fisher was an early automobile The PRESIDING OFFICER. Without ley Cup itself came to the Senate here enthusiast who believed ‘‘the auto- objection, it is so ordered. and I was honored to have it in my of- mobile won’t get anywhere until it has The resolution (S. Res. 189) was fice with a parade of visitors coming by good roads to run on.’’ He was zealous agreed to. to see this magnificent trophy. in his pursuit of his dream of a coast- The preamble was agreed to. Let me say to the Chicago to-coast highway, urging many of his (The resolution, with its preamble, is Blackhawks, we are proud of you, friends in the auto industry to help printed in today’s RECORD under ‘‘Sub- proud of the great fans who stood be- promote the project. mitted Resolutions.’’) hind you, and looking forward to cele- The highway was named for one of f brating this Friday with a great vic- Fisher’s heroes, President Abraham tory parade. Lincoln. The first highway to connect ORDERS FOR THURSDAY, JUNE 27, Mr. REID. I ask unanimous consent our country became the first national 2013 that the resolution be agreed to, the memorial to the leader whose courage Mr. REID. Mr. President, I ask unan- preamble be agreed to, and the motion kept our country connected. imous consent that when the Senate to reconsider be laid upon the table The Lincoln Highway route was dedi- completes its business today, it ad- with no intervening action or debate. cated in 1913. Spanning from Times journ until 9:30 a.m., Thursday, June The PRESIDING OFFICER. Without Square in New York City to Lincoln 27, 2013; that following the prayer and objection, it is so ordered. pledge, the morning hour be deemed The resolution (S. Res. 187) was Park in San Francisco, the Lincoln expired, the Journal of proceedings be agreed to. Highway—affectionately known as The preamble was agreed to. America’s Main Street—originally approved to date, and the time for the (The resolution, with its preamble, is spanned 3,466 miles through 13 States, two leaders be reserved for their use printed in today’s RECORD under ‘‘Sub- including the great State of Nebraska. later in the day; that following any mitted Resolutions.’’) The Lincoln Highway brought eco- leader remarks, the Senate resume consideration of S. 744, the comprehen- f nomic development, tourism, and ad- venture to every community it touched sive immigration reform bill, and the RECOGNIZING THE CENTENNIAL and served as one of the inspirations time until 11:30 a.m. be equally divided OF LINCOLN HIGHWAY for the National Interstate and Defense and controlled between the two man- Mr. REID. I ask unanimous consent Highways Act of 1956. agers or their designees, with Senators that the Senate proceed to S. Res. 188, The Lincoln Highway Association permitted to speak for up to 10 minutes which was submitted earlier today. will host the official Lincoln Highway each.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5306 CONGRESSIONAL RECORD — SENATE June 26, 2013 The PRESIDING OFFICER. Without on straightforward, commonsense This leads to more of the food we eat objection, it is so ordered. amendments to the agriculture portion being imported from other countries. I f of the bill. want to make sure we do everything we I have been working on ag immigra- can from a policy standpoint to keep PROGRAM tion reform for nearly all of my time in that food and fiber production right Mr. REID. So there will be three roll- Congress, both in the House and in the here in the United States. call votes at about 11:30 a.m. tomorrow Senate. That is a total of going on 19 Today the majority of immigrant ag- on confirmation of the Foxx nomina- years. This is an issue I care deeply ricultural workers are undocumented. tion, on adoption of the committee-re- about because I come from the heart of We need both secure borders and put in ported substitute amendment, and on ag country in south Georgia. But guess place an immigration system that al- cloture on S. 744, the comprehensive what. I am not going to have a chance lows those who seek to come to the immigration reform bill. to vote on any of my amendments, not United States to work in the diverse because they are poison pill amend- sectors of the agricultural industry to f ments—they are not—not because do so legally. H–2A is the current ag ORDER FOR ADJOURNMENT many of my colleagues do not agree guest worker program in force in the Mr. REID. Following the statements with the changes I am suggesting— United States today. many actually do. It is because the I have been working on H–2A reform of Senators CHAMBLISS for 15 minutes sanctity of a deal has been given prece- since I came to Congress not only be- and Senator SESSIONS for 10 minutes, I cause Georgia’s farmers are among the ask unanimous consent that the Sen- dence over sound policy. Let me say largest users of the program, but be- ate adjourn under the provisions of S. that again: The sanctity of a deal is cause it is clear to me that the current Res. 189 as a further mark of respect to being given higher priority over sound program is cumbersome and difficult to the memory of the late Senator Hatha- policy. Now, I am not on the Judiciary Com- use, as well as expensive. way of Maine. mittee, and the chairman of the Judici- My colleagues who drafted this bill Mr. SESSIONS. Mr. President, re- ary Committee was down here a little have included many reforms to the ag- serving the right to object. earlier talking about everybody had ricultural guest worker program, and The PRESIDING OFFICER. The Sen- the opportunity in committee to file several of these reforms do take a need- ator from Alabama. amendments. They had over 300 or so. ed step in the right direction. However, Mr. SESSIONS. Would the majority That is well and good, and I am glad there are several areas that remain leader agree to 30 minutes for me be- this bill went through regular order. I troublesome to me, and so I am pro- fore we close up? wish every bill that came to the floor posing amendments to address some Mr. REID. Of course. of this Senate would go through that specific areas. Mr. SESSIONS. I thank the majority same regular order. But I am also not Mr. President, I know the section of leader. He is always courteous. a Member of the Gang of 8, so I have this bill focused on agriculture rep- The PRESIDING OFFICER. The re- not had the opportunity to have input resents a delicate political balance, but quest, as modified, is agreed to. on this bill. Nevertheless, I reached out we have a responsibility to enact smart The Senator from Georgia. in a constructive way to various folks policy, and we also have a rare oppor- f to try to make some changes to the tunity to replace the cumbersome and largely unworkable H–2A program with IMMIGRATION REFORM bill. I particularly want to thank my col- something that will truly address the Mr. CHAMBLISS. Mr. President, I leagues, Senator GRAHAM, Senator needs of those in agriculture all across rise to speak briefly on the bill before RUBIO, Senator BENNET, and Senator the country while ensuring that no the Senate and more extensively on a SCHUMER and their staffs for working American workers are displaced. We section of this bill I have been working tirelessly and in good faith with me to also need to ensure that we do not give on diligently to improve. try to make some improvements to the those undocumented aliens working in First of all, I wish to commend the bill. one sector of our economy a vast pref- authors of this bill. I have been I thought we were making progress, erence over the rest of the illegal popu- through complex legislation before and and I think actually we did. But now I lation in terms of the pathway to citi- this is a very complex issue. I know understand that one or two Members zenship. how hard the so-called Gang of 8 has want to prevent this bill from hap- Before I talk about my amendments, worked. We can’t please everybody pening, and so I am not going to be I want to give Members of the Senate with any complex piece of legislation, given the opportunity to have my an understanding of how the agri- but I think they have done a very cred- amendments called up. culture piece of this bill is set up. The ible job of putting together a piece of What I can do, and what I will do, is ag portion of this bill puts in place a legislation that at least we could get to highlight to my colleagues here and to blue card program to transition illegal the floor for debate. my friends in the House of Representa- aliens who have worked in agriculture I think having this bill on the floor is tives who may or may not take up this to lawful permanent resident status. causing us to have a very important issue the problems I see with the ag It also creates a new agriculture debate that is long overdue. We all portion of this bill. guest worker program to replace the know our immigration system is bro- The agricultural portion of this bill current H–2A Program. The blue card ken and we need to fix it. However, I has not been discussed extensively on program is open to anyone who has am disappointed we have not been able the Senate floor, but it is vitally im- worked in agriculture for 575 hours or to have a full and open debate on po- portant to all Americans. Farmers and 100 workdays over the 2-year period of tential solutions to fix the system. I ranchers in the United States produce 2010 to 2012. have stated publicly that I have serious the highest quality food and fiber in Let me say that again. If you worked concerns with several provisions in the the world. The continued safety of the for 575 hours or 100 workdays out of the bill, including some related to border agricultural goods produced in the 730-day period of 2010 to 2012, you qual- security triggers, interior enforcement, United States is an issue not just of ify for a blue card provided you had and the program designed to address convenience but of national security. that work in agriculture. Frankly, to our agricultural labor workforce. That Due to the importance of food safety, it me, that is a very low threshold. last topic—agricultural labor—is what is critical to know who is handling our The general undocumented popu- I wish to spend the majority of my Nation’s food supply and who is work- lation covered by our RPI program time discussing tonight. ing on our Nation’s farms and ranches. which is in the base bill has to prove But before I focus on the ag piece of Additionally, if our farmers and ranch- they meet the requirements to gain this bill, I just have to say that I am ers cannot access a stable and legal RPI status by a preponderance of the terribly disappointed and frustrated at workforce, they will be forced to evidence standard of proof. However, the way this bill has played out. I am downsize or eliminate their U.S. oper- for the blue card program, that un- about to talk for several minutes or so ations, and that is happening today. documented alien only has to prove

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5307 they worked that very minimal per year for 5 years in agriculture and However, I understand there are con- amount in agriculture by the standard be totally unemployed the remainder cerns by some that due to the nature of of proof called just and reasonable in- of the year, and still get a green card undocumented work in agriculture, it ference. There is no interview required, in 5 years and still have legal residence will be difficult for them to garner the and no way to verify the person apply- inside the United States. necessary evidence of work history to ing for the blue card status actually Likewise, the alien could work 150 access the program even though the worked in agriculture. Someone who days per year for 3 years and be totally bill protects employers from liability lives in an area where agricultural unemployed the remainder of the time for having employed illegal workers. work is performed and has evidence of and still get a green card in 5 years. At any rate, because there is that their residence in that area could get a That doesn’t seem right—especially concern, my amendment provides that blue card by showing proof of residence when the RPI population is not allowed for those who truly worked in agri- and saying they were paid in cash in to be without a job for more than 60 culture but cannot meet that standard, their agricultural job. consecutive days. Clearly, the agricul- because of the nature of an undocu- I am afraid the lax standards set out tural worker is getting a vast pref- mented workforce, they don’t have by the bill to qualify for the blue card erence over the RPI undocumented that evidence, those folks have the op- program will lead to an influx of illegal workers. portunity to sit down and do an inter- aliens who worked a minimal amount Because of the way the blue card pro- view with the appropriate agency offi- in agriculture or never even worked in gram is set up, I am afraid we are pro- cials and prove to them face to face agriculture, to qualify for the program, viding too strong an incentive for peo- that they did work in agriculture as a sending more folks than we need in the ple who did very minimal or even no matter of just and reasonable infer- agriculture sector to those jobs. work in agriculture to access the pro- ence. If they can do that through the You might say, Why in the world gram, and that we will end up with interview process, then they can get would anyone choose to qualify for the more agriculture workers than we into the blue card program. blue card program, since agricultural need. Then because the work require- This amendment will eliminate most work is widely viewed as some of the ments are so low, once folks get the of the potential for fraud for the blue toughest work around and the most de- blue card, they will perform the mini- card program and is simply a very com- manding work? Well, the answer is mal amount of work required and move monsense amendment. pretty simple. It is because the blue on to a different job and we will leave The second amendment I will men- card program is a faster, cheaper, easi- those farmers and ranchers in the lurch tion tightens the work requirements to er way to a green card than the RPI with an unstable workforce—because, maintain the blue card and eventually program for other undocumented aliens remember, these blue card folks are transition to a green card. Instead of in the base bill. treated as U.S. citizens for hiring pur- allowing 100 workdays for 5 years or 150 While the RPI program doesn’t allow poses. workdays for 3 years to get a green illegal aliens to get a green card for at The other aspect of this that con- card, my amendment says you must least 10 years, under the blue card pro- cerns me—and we know this to be a work 180 days for each of the 5 years in gram, if you are an agricultural work- fact because we saw it happen after the order to qualify for the green card. er, you can get a green card in 5 years. 1986 amnesty program under Ronald If you are going to be put on this While the RPI program doesn’t allow Reagan. That is, once these individuals preferential pathway to a green card, I green cards to be issued until certain who are working in agriculture get think you ought to be able to work at border triggers are met, the blue card that green card, which allows them to least half the year in agriculture. I program doesn’t require those aliens to permanently stay in the United States, don’t think that is too onerous—6 wait on that border security piece. they are out of agriculture. They are months of work per year for 5 years. Thirdly, while the RPI program costs going to leave the farm, and they are Some will argue that some agricul- a $2,000 fine in addition to processing going to go to work in construction or tural work is only a few weeks per fees, the blue card program has a cost some other industry someplace in year, and so 6 months of work per year of $500. The theory behind the blue card America where the working conditions is too much to require. To that I would program is to incentivize this undocu- are better and maybe even the pay is say if a worker is only performing 3 or mented population to work in agri- better. It is going to happen, because 4 weeks of agricultural work per year, culture because it is a critical industry history tells us it is going to happen. then maybe this blue card path is not that traditionally has not attracted Some of my amendments are aimed the best path for them. Perhaps they many American workers. However, the at tightening the blue card program to are better off seeking the RPI pathway way the bill is written, there are very ensure that only those folks who truly to citizenship. We are talking about a minimal agricultural work require- work in agriculture are using the pro- preferential pathway to citizenship for ments. gram. The fact is I want those experi- a half a year of agricultural work per You have to keep in mind that once enced agricultural workers to stay in year under my amendment, with no an alien gets a blue card, they are au- agriculture, and I am also providing other work requirement. I don’t think thorized to work in any job in the them some incentives to do so. The this is too much to ask, and I think United States. They have to meet the base bill here went way too far in the many people will still be able to main- minimum work requirements in an ag- other direction. tain their blue card status with no ricultural occupation, but otherwise The first amendment I will discuss problem. they are free to take any other job in tightens requirements to obtain the The third amendment I filed has to America and are treated as a U.S. blue card. It raises a standard of proof do with how preferential that pathway worker for hiring purposes. to verify that you actually worked to citizenship is for the blue card work- So what are these work requirements those very minimal qualifying hours in ers. The current bill says regardless of to go through the blue card program agriculture to qualify for the blue card any border security triggers being met, and to get a green card? Well, there are program to what it is for the RPI popu- an unlimited number of blue card two tracks: The illegal alien can work lation, i.e., a preponderance of the evi- workers will be issued green cards in 5 at least 100 days a year in an agricul- dence. years. Those folks who qualify under tural operation for 5 years or the alien As I mentioned before, the standard the RPI section of the bill can’t start can work 150 days per year for 3 years. in the base bill is just and reasonable the green card process until 10 years Either way, the alien gets that green inference. Someone has to be able to after enactment and certain border card in 5 years. Even the accelerated prove by a just and reasonable infer- triggers are met. I think stretching track requires the alien to work less ence that they performed over 2 that timeline for the blue card work- than half the year in agriculture. months of agricultural work over a 2- ers—who, remember, are authorized to While the alien can work in any year period of time in order to get into work in any job in the United States— other job in the United States, he or the blue card program. I think that to 7 years rather than 5 years is more she doesn’t have to. So, in theory, a standard leaves the program suscep- than reasonable and is still a pref- blue card holder could work 100 days tible to all kinds of fraud. erential pathway to citizenship.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5308 CONGRESSIONAL RECORD — SENATE June 26, 2013 The fourth amendment dealing with worker program takes a step in the ation. The bill rightly sets up alter- the blue card program deals with the right direction. But I do have a few native dispute resolution to try to keep fines for the blue card program. Again, amendments to improve it that I will some of the complaints outside the this goes to how much more attractive talk about now briefly. Federal courtroom. However, the medi- the blue card program is as compared The first amendment has to do with ation setup under the bill is not bind- to the RPI program. wages. The underlying bill sets a na- ing. What is the point of providing this The bill, as written, requires folks on tional minimum wage for each of six alternative dispute resolution if you do the RPI program to pay fines totaling different agricultural job categories for not want to make it binding? My $2,000 in order to get a pathway to citi- the years 2014 to 2016. The wages for amendment would do just that. zenship. However, those on the blue each category will automatically in- The second area of liability that is card program are only required to pay crease anywhere from 1.5 percent to 2.5 addressed by my amendment has to do fines totaling $500—just $500 for this percent each year forever. with the Legal Services Corporation. faster and easier pathway to citizen- I have several issues with this wage Current law provides that Legal Serv- ship. That is not right. section, such as the fact that a na- ices cannot represent an undocumented I understand these agricultural work- tional wage does not reflect very real alien who is not present inside the ers don’t have a lot of money, and so I regional differences in cost of living or United States at the time representa- am not asking to raise it to the same the fact that the wages do not seem to tion occurs. I think that is a good law. level as the RPI group. However, I be based on any survey data. But I The underlying bill, however, elimi- think the fine should be significant. know how hot an issue this wage sec- nates that law and specifically says My amendment would increase that tion is, so in an effort to be abundantly that Legal Services can represent a W– total blue card fine to $1,000, which is reasonable in how I propose to alter 2 or W–3 ag guest worker, even if they double what it is in the underlying bill the bill, the main fix I am looking to reside outside the United States. but still half of what it costs the RPI make is to the number of wage cat- We are not talking about U.S. citi- folks. egories. zens. We are not even talking about The final amendment I have filed rel- I think we can all agree some agri- blue card workers. We are talking ative to the blue card program should cultural jobs require a more skilled or about future guest workers. I think it be totally noncontroversial. It has to experienced worker than others, and leaves open the possibility of frivolous do with previous H–2A workers who my amendment protects that fact. lawsuits being filed from a foreign want to participate in the blue card What I am trying to avoid is the book- country, and I simply do not think that program. keeping nightmare created by these six is sound policy. There is a provision in the under- wage categories. There is a final area of liability I am lying bill which I agree with that al- Under the categories presented in the concerned about that has to do with lows those former H–2A workers who base bill, a worker in a packing shed is housing. The bill treats those agricul- meet the blue card work requirements in a different category than a field tural employers who provide housing to apply for a blue card and participate worker and is paid at a different rate; under the W–2/W–3 program, as they in the blue card program even if they and a worker driving a tractor is in a are required to do if they cannot or do are not currently in the country. I different category and paid at a dif- not provide a housing allowance, as think this is the right policy, because ferent rate from the field worker and housing providers under the Migrant many H–2A employers have been using the packing shed worker. But all of my and Seasonal Agricultural Worker Pro- the same workers for many years friends familiar with the day-to-day tection Act, MSPA, as it is referred to. through this legal guest worker pro- operation of a farm will agree, the re- Let me tell you what that means. It gram, and I don’t think we should pun- ality is that on any given day on a di- means that any guest worker who al- ish them for having done the right versified crop farm, workers will be leges a housing violation such as a bro- thing in the past. doing any combination of those three ken screen door or a nonworking What this amendment does is simply jobs. So my amendment collapses those microwave will be allowed to pursue add language that clarifies that the six wage categories into two: a skilled that grievance through a lawsuit filed agencies involved in administering the wage and an unskilled wage. To get to in Federal court, and believe you me it blue card program need to promulgate those numbers, I simply averaged the happens today. regulations that will allow those wage data the Gang of 8 proposed in That doesn’t make sense to me. former H–2A workers to make their ap- the underlying bill and used the same There should be a right to cure a defect plication from outside the country. job categories the Gang proposed in the before they have that right to file suit In summary, I have five amendments bill. My aim is to prevent an employer in Federal court. There should be a to this bill relative to the blue card from having to determine how many right for the employer to fix any minor program and several of these are smell- hours a guest worker spent in the field or incidental issues with housing, but test amendments, because without versus the packing shed each day, as he that is not allowed under the base bill. them I think it is difficult for this blue would have to do under the current Initially, my amendment had language card program to pass the smell test. bill. to address this, but at the request of I also have a series of amendments The second amendment deals with the bill’s sponsors who told me that aimed at improving the new agricul- the issue of liability. If you ask my H– was too controversial, I eliminated tural guest worker program set up by 2A users in Georgia what their biggest that piece of my liability amendment. this bill, which is called the W–2/W–3 complaint is with the H–2A program, I It is strange to me this would be con- program. will guarantee that all of them will tell troversial, but to some it is, so that is It is imperative that we as policy- you it is liability. a problem in the bill I am not even ad- makers get this program right. If his- Let me be clear upfront. I do not dressing by this amendment, but I do tory is any indication, we make re- want to take away any protections want to highlight it for my colleagues forms to our immigration laws once that exist for workers. They need that. because I am telling you, this is going every 20 to 30 years. We have to make They deserve it. Nor do I want to pre- to be a real issue if that provision in sure the guest worker program put in vent a worker with a legitimate griev- this bill ever becomes law. I am hope- place by this bill is practical in its im- ance to be allowed to pursue that ful that as this process moves forward plementation and can be used by our grievance. What I do want to protect there may be another opportunity to farmers and ranchers, because as these against, though, is frivolous lawsuits do something to address this in a rea- blue card workers leave agriculture— that can cost a lot of money and waste sonable way. and we know they will—we have to a lot of time. There are several areas in The third amendment to the guest make sure there is a stable and legal the bill that I think can be tightened worker program has to do with the al- workforce available in those instances as they relate to liability. location of visas. The current bill allo- when U.S. workers cannot be found. The first area of liability that I think cates the 112,000 W–2 and W–3 visas I have said it before and I will say it needs to be dealt with and is addressed among the four quarters of the year. I again, that I think this new guest in my amendment has to do with medi- understand the intent of the drafters.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5309 They didn’t want all of the visas to get this year is $9.78; meanwhile, those who and doing the right thing for years and used by all of those who seek visas use a questionably legal workforce years and years and all of a sudden early in the calendar year and not have have not had to provide housing, have these workers who now hold a blue any visas available for those who do not had to provide transportation, and card and say: Yes, I worked in agri- not need workers until later in the have only paid minimum wage to their culture for 3 months out of the year for year. However, I think a more efficient workers. If Farmer Joe uses 100 H–2A Farmer Mack over here—and there is distribution of visas would be to issue workers every year and has 10 critical nobody to dispute that—and he says: I them to all allotments; one on January workers he wants to make sure he re- worked a definitive period of time for 3 1 to accommodate year-round users hired under the new W–2/W–3 program, years, all of a sudden at the end of a such as dairy and those with a spring he can do that. He can hire these 10 total of 5 years he is going to get a crop and then one on July 1 to accom- guys before he hires any blue card green card and an automatic pathway modate the fall crop. My amendment workers. He still has to hire Americans to citizenship. That is just not right. does just that and it weights the Janu- first, but after that he can hire those 10 I came to my colleagues in good faith ary 1 allotment to have 70 percent of workers. to try to make positive changes to this the visas because there are those year- The rest of his workforce, in all like- bill. I come to the floor now to talk round users such as poultry processors lihood, will be filled with blue card about some of those changes. Ulti- who will be needing those visas early workers because there will be so many mately, I want what is best for Amer- on. of them legalized and needing to meet ican agriculture. I want to be a con- Any unused visas from the January 1 a work requirement. So Farmer Joe structive part of this debate and, un- allotment will roll over to the July 1 will have 10 former H–2A workers and fortunately, a relatively few of my col- allotment. The fact is crop seasons do 90 blue card workers. However, under leagues are preventing that from hap- not fit squarely into calendar quarters, this bill, he will be forced to pay those pening and none of these amendments and I think by changing the timing of former H–2A workers the higher wage are ever going to see the light of day. the visa allotments it simply makes rate of the AEWR, rather than the I yield the floor. I suggest the ab- more sense. wage rate set up by the W–2/W–3 pro- sence of a quorum. The fourth amendment to the guest gram in the underlying bill. Because he The PRESIDING OFFICER. The worker program I have filed has to do can’t treat guest workers any better clerk will call the roll. The assistant legislative clerk pro- with the wages of former H–2A work- than U.S. workers and because blue ceeded to call the roll. ers. I can commend the drafters for rec- card workers are considered U.S. work- Mr. SESSIONS. Mr. President, I ask ognizing that we do not need to punish ers, he will also have to pay all 90 of unanimous consent the order for the those employers who, to their eco- the blue card workers the AEWR rate. quorum call be rescinded. nomic disadvantage, have been using So my amendment would simply The PRESIDING OFFICER. Without the current H–2A program to ensure strike that provision so Farmer Joe objection, it is so ordered. they have a legal workforce. They did will pay the wage rate set up by the W– Mr. SESSIONS. Mr. President, I this by saying that even though blue 2/W–3 program. He will still have to pay would like to express my appreciation card workers are treated as U.S. work- all the blue card workers at the W pro- to Senator CHAMBLISS. This is one of ers under the bill, and therefore have gram wage rate but not the AEWR the least-discussed but more important to be hired before any guest worker, if rate. parts of our bill, ag provisions. He has you have used a H–2A worker for 3 out The final amendment I will discuss is delineated weakness after weakness in of the past 4 years and want that H–2A very straightforward. It simply extends this process. The idea is he had to worker to continue to work for you the H–2A program for 3 years. The cur- strengthen the bill. I hope the people under the new guest worker program, rent bill extends H–2A for 1 year, but who have heard it would draw a num- you can. That former H–2A worker will my amendment would add 3 years to ber of conclusions. First, there are not be displaced by a blue card worker. that. While the H–2A program is far great weaknesses in the bill. Second, However—and this is where I have from perfect, it does allow employers Senator CHAMBLISS fully understands, the problem—if you hire that former who need legal workers to get them in though he has worked on this—I know H–2A worker under the new guest a timely manner. Standing up a new last time we had a bill here—at great worker program, you do not pay that program and moving it to a new agency length and contributed in great detail worker the wage rate established under and issuing new regulations to govern to it. I think the third thing we ought the W–2/W–3 program. The bill requires the program is a big undertaking, and to understand is this is a complex re- that you pay that former H–2A worker it is all mandated to be done within gime we are trying to set up. I am not a separate and higher wage rate called this 1 year—within 1 year in the bill. I sure the government can ever accom- the AEWR. This is the wage rate that think H–2A can serve as a safety net in plish a setup of as complex a regime as exists under the current H–2A program the off chance there is a bump in the the effort that has been made to create and it is part of the reason that law is road in getting these new programs in this legislation. so flawed. This just doesn’t make propped up. I thank Senator CHAMBLISS for his sense. It seems to, once again, punish As I said earlier, I will not have the positive contributions, for his work. I those who have been playing by the opportunity to have any of these know he has been a constructive advo- rules and the punishment is exacer- amendments voted on or even accepted cate with Members on the other side, bated because there is a provision in by unanimous consent. I cannot tell trying to improve the legislation. I the bill that says you cannot give any you how much that disappoints me. thank him for sharing in depth the dif- preference to guest workers. Any of these changes will take this bill ficult and confusing parts of this law. On its face that makes sense. But in the right direction, from my per- There are a lot of things we need to what it actually means is that you spective. The ag portion of this bill is understand before we move to final clo- have to pay all the workers you hire a critical piece of the legislation, and I ture vote on this legislation. It is late. that AEWR rate and that is just not am afraid it has been overshadowed by I hope people will pay attention. We right. This is a fairly technical con- some of the other issues. But we are need to understand accurately what is cept, so let me give an example. doing a great disservice to our agri- happening. I have been an advocate. I Say you have farmer Joe who has culture community and to all Ameri- am sure in the times we are here, been using the H–2A programs even cans who put food on their tables every sometimes we have to respond at a mo- though his neighbors have not and they night if we do not get this right—and ment’s notice and we make a state- have hired undocumented illegal aliens we are not getting it right in this un- ment that is not entirely accurate. But and paid a much lower rate. This derlying bill. I do believe the sponsors of the bill who means all these years Farmer Joe has There is going to be fraud and abuse came to us and claimed they had the been providing free housing to his like we have never seen in the ag guest toughest bill in history and that it was workers, paying their transportation worker program. We are going to have going to solve our problems had an ob- costs to his farm, and paying the high- folks getting green cards ahead of ligation to be more accurate than they er AEWR wage rate, which in Georgia those who have been standing in line have been.

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5310 CONGRESSIONAL RECORD — SENATE June 26, 2013 Sometimes they make mistakes. officers exposed and unable to fulfill they are home free. There are not that Some of the disagreements make a dif- their requirements to identify and many. I think there are 12,000 of these ference in whether the legislation is block people who should not be admit- officers. There are not nearly enough good legislation or whether it is bad ted to the United States, and that was to do the job already. They are getting legislation. It is just important. I a very strong statement. It represents no strength or support at all in this would like to point out a few things deep feelings by those officers. legislation. that have been talked about a lot They go on to say: I would note further that under the today. This bill should be opposed and the reforms Congressional Budget Office analysis of One was recently one of our Gang of should be offered based on consultation with this bill, which comports with what I 8, Senator MENENDEZ, made reference USCIS adjudicators who actually have to im- have been saying for months, we are to the border security and the officers plement it. Hopefully, lawmakers will read going to have a big increase in the who have written a letter complaining the bill before their votes. I say put a cork amount of visa overstays. They are not in it. about this legislation and suggested, going to be caught at the border. They somehow, that maybe it was before the That is what they say to us, and that are going to come in on a visa and border enforcement had been im- was on Monday. never return. If we don’t have ICE offi- proved—promised to be improved, at Here is another statement from the cers engaged in the effort, we will least. But I think it evidences a mis- ICE officers, these officers, headed by never be able to deport them. understanding of how our system Chris Crane, their association union We say, well, we are going to give works. president. Chris Crane is a former ma- legal status to everybody who is here. This is a letter from the National rine. He is so articulate and concerned Let’s say we give legal status to every- Citizenship and Immigration Services. about this legislation. He has raised it body who is here. What about the fu- These are not the Border Patrol time and again. ture? The people who are given legal agents, these are not the ICE agents, The ICE officers have filed a lawsuit status here will be given a Social Secu- these are the people who process the against Secretary Napolitano because rity card. They will be given a legal claims for citizenship and they try they say she has blocked their ability document that allows them to be in the every day to do the right thing and to do their duty and placed them in a country. ICE is not going to deport treat people fairly and equally and en- position where the supervisory direc- them. But what about those who come sure that people wait in line and wait tions to not enforce the law deny them in the future? We are going to have no their turn. They are not supportive of the right to fulfill their oath to enforce mechanism so they can be deported? this legislation. They represent 12,000 the law. They filed a lawsuit in Federal That is one of the biggest flaws in this USCIS employees, adjudication offi- court attacking this. I have never legislation. cers, and staff. This is the statement heard of this. I was a Federal prosecutor. I know they issued: This whole association, which con- about law enforcement. I did it for 15 The amended 1,200 page Corker-Hoeven im- sists of thousands of officers, filed a years. If we don’t help and have them migration bill— lawsuit against Secretary Napolitano engaged and utilize their ability, and Not something previously, but the and their supervisor. They voted no treat them like second-class officers or last bill we moved forward today— confidence in John Morton, their su- citizens, we are not going to get the pervisor, 2 years ago, and he just re- if passed, will exacerbate USCIS concerns kind of legality the legislation prom- about threats to national and public safety. tired a few days ago. An independent ises—nowhere close. It is flawed. It survey of government morale factors These officers try every day to re- should not pass. These officers tell us found that ICE virtually had the lowest that correctly. view these applications for visas and morale rating out of 179 government entry permits. They try to identify ter- So the ICE officers are right. They agencies. said to us on June 24: rorists and not let them come in. They Two years ago I asked Secretary I urge you to vote no as this bill fails to turn down people who don’t qualify. Napolitano: Would you meet with these They said this bill will exacerbate address the problems which have led to the officers? She refused to say so. I asked nation’s broken immigration system and in threats to national security and public her again earlier this year. She has not safety. fact will only serve to worsen current immi- met with them. Nobody wants to listen gration problems. They go on to say: to the people who are required to en- It will further expose the USCIS agency as It will worsen current immigration force the law. problems. That is their word. They go inept with an already proposed massive in- Who are the ICE officers? The ICE of- crease in case flow that the agency is ill pre- on to say: pared to handle. ficers are the people who deal with in- Instead of empowering ICE agents to en- terior enforcement and deportations. In other words, they are not able to force the law, this legislation empowers po- They identify people who are here ille- handle the flow they have now and this litical appointees to further violate the law gally, and they deport them and go is going to provoke a disastrous flow and unilaterally stop enforcement. This at a through the mechanism. They have re- time like no other in our nation’s history, in that will make them all look inept. lationships with prisons where they go which political appointees throughout the They are correctly afraid people will by the prison and pick up somebody federal government have proven to Congress say they let terrorists and criminals in who is illegally in the country and who their propensity for the lawless abuse of au- the country, and they had no way pos- thority. There is no doubt that, if passed, has committed a crime. They are the sible to process these matters. public safety will be endangered and massive ones who get them deported. They ar- They go on to make a strong state- amounts of future illegal immigration—espe- rest people—or at least supposedly ment. These are people who serve our cially visa overstays—is ensured. they used to when they had jobs. They country and who are not allowed to They go on to say: interfaced with local police. participate in drafting the legislation. They have been undermined in every Abuses by political appointees, who cur- rently pick and choose laws enacted by Con- The proposal goes out of its way to provide way by this administration and kept legalization for criminal offenders while gress will or will not be enforced, will esca- making it more difficult for Adjudications from doing their job. That is a fact. late with their increased discretion and au- Officers to identify threats to the nation’s That is why the morale is down, and thority provided by this bill. security in our ongoing war against ter- that is why they have sued the govern- They say: rorism. It was deliberately designed to un- ment. That is why they oppose this A vote against this bill is not a vote dermine the integrity of our lawful immigra- bill. They were never listened to. against immigration reform which we all tion system. It cannot be the policy of the United seek, it’s a vote against bad legislation and I don’t think our people deliberately States of America that if someone gets the special interests that wrote it; it’s a vote wanted to have the system fail, but the past the border of the United States, to start this process anew and create reforms people who have been writing this, if they are never going to be deported. It that truly fix the nation’s broken immigra- they wanted to make it tougher and cannot be the policy that the only tion system. tighter, would have written it a lot dif- thing that counts is having a Border How much clearer can it be? They are ferently than it is now. It leaves these Patrol, but if they can get through, correct about this. Chris Crane is an

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5311 American patriot and his team is cou- mitted? He refused to say. I said, 30 million. In addition to that, we are rageous. They have had to stand in million over 10 years. The current legal talking about the 11 million who would there against an administration that flow would be 10 million over 10 years. be given amnesty and legal status. issued this directive that basically re- CBO came out with their report last Then there is an additional 4.5 million quired them not to follow plain law. week: 30 million in the first 10 years. people who can’t come in right now be- What does this bill do? He indicated it Who was right about that? I mean, this cause there is a limit of how many right there. He said it gives even more is a big increase. Yes, it includes the each year—a cap. Those are going to be discretion to the Secretary so she can people who are here illegally, but the accelerated. issue even more directives under- annual flow is at least 50 percent high- Then we have a guest worker pro- mining the law. er than the current 1 million, accord- gram. Senator CHAMBLISS talked about In fact, basically what the bill does is ing to the Los Angeles Times. I think the agriculture industry. There are all give more legal authority to the Sec- that number comports with what we kinds of guest worker programs. The retary to do what she has been doing are able to calculate. So we are talking guest worker programs will double the now, which is fundamentally, in many about a 50-percent increase in the an- number of workers who come in. They ways, contrary to law. nual flow of immigrants into the coun- come for one reason, and that is to The Federal judge who is hearing this try with more coming in under chain take a job. They will double. lawsuit the ICE officers filed explicitly migration. All of them will be able to So this is a huge impact on our wages stated at one of the hearings that the work. All of them will be competing for in America. This country is not cre- Secretary is not above the law, and jobs in the workplace at a time we are ating enough jobs to sustain that. that is certainly correct. She has been not producing many jobs. That hurts the 11 million who are acting above the law by directing them What does the Congressional Budget going to be given legal status. That not to comply with the law. Office say? I said for weeks this flow of hurts the immigrants who come here We are not saying we want the ICE labor had no other reasonable impact legally and have legal status already. officers to go out and round up every- than to pull down wages of American That hurts poor people all over Amer- body. Remember, if this bill passes, ev- workers. What did CBO say? CBO said ica, particularly because so many of erybody will be given legal status—the the same thing. Last week the Congres- these workers are competing for the ones who are supposed to be given legal sional Budget Office in their study used lower wage jobs. status—and others will need to be iden- this chart—I didn’t make this chart. According to the U.S. Commission on tified. If they are not legally here, they This is one of the few charts CBO put Civil Rights and Professor Borjas, the will need to be deported. In the future, in their report, and it deals with the group who will suffer the most are Af- people who come in violation of the law question of wages. ‘‘The average wage rican-American males. This is really a will need to be deported also. would be lower than under the current matter not to be disputed. The Gang of 8 proposal adds four law over the first dozen years.’’ One in three high school dropouts times more guest workers to our econ- This shows in 2025 coming back to doesn’t have a job. One in two African- omy than a 2007 plan offered. It offers catch up. But, still, if the bill hadn’t American teenagers is unemployed. four times more guest workers than passed, we would have had more in- Twenty-one million Americans who were offered by the 2007 bill that failed creased wages, and we would have had want a full-time job cannot find one. In here—that comprehensive plan. This is a different picture altogether. So it is the city of Detroit, one in three house- at a time when 21 million Americans going to be a serious impact on work- holds is on food stamps. In Washington, cannot find full-time employment. ing Americans. DC, one in three children lives in pov- Imagine that. We have a much higher Professor Borjas from Harvard talked erty. unemployment rate today than we had about this. He has written papers about Senator MENENDEZ, I think, confuses in 2007 before the bubble burst and we this. He has written books on the sub- total wage growth with average wage had the recession. We had virtually full ject. He is, I am sure, the most authori- growth. Remember, more workers will employment in those days. Now we tative person. He is an immigrant him- increase the total wages, so if we bring have high unemployment, which is a self—not his parents; he is an immi- in 1 million people, yes, more wages deep problem with employment in grant. He says also that wages are ad- will be paid, but the average wage America today, and I don’t think it is versely impacted, particularly in lower would be lower. going to rapidly get better. For the skilled workers. If a person is a worker, what does last quarter of last year, growth of So Professor Borjas basically said that person want to hear? They want GDP was only .4 percent. The first there is benefit to low-income workers. to hear somebody say: Oh, the economy quarter of this year has been revised Who gets it? The companies that hire is going to have more wages. Isn’t that down dramatically today to 1.8 per- the most low-income workers because great. But I am going to have less be- cent. That means over half a year our those companies will be able to hire cause 30 million people-plus will be growth is only 1.1 percent. That will more people at lower wages. Who will here added to the workforce and every- not create jobs. It is not creating jobs. lose, he said, in this process? The many body gets less and I am supposed to be It is not enough to pull down unem- more people who are workers. That is thankful about that. I am supposed to ployment in any way. who is going to lose. We can’t bring in write my Congressman and say: Oh, This bill is going to bring in huge large increases in labor at a time of great, thank you for passing a bill that amounts of new workers to take the high unemployment and not expect increases total wages in America. few jobs being created. The bill also labor rates to go down. Give me a break. dramatically boasts permanent legal Is the free market crowd not aware of How about this: They say that GNP immigration. The permanent legal flow that? Are our Democratic colleagues is up. Senator MENENDEZ said that. He of immigration will increase substan- who talk about protecting the worker said GNP will increase. We are hearing tially. Overall, it is conservatively es- not aware of that? How can that be de- that repeatedly: GNP will increase. timated that the bill would legalize nied? Professor Borjas said it. Well, of course, just like total wages more than 30 million people—mostly The Atlanta Federal Reserve econo- will increase when we have 30 million, lower skilled legal immigrants—over mists found a substantial reduction of 40 million people added to the econ- the next decade. It will be three times the value of working people in the At- omy, GNP is going to increase some if the current rate, and that is something lanta region as a result of the current we add large numbers of people to the I said originally. flow of immigration. They detect a economy. That is the total of goods I asked Senator SCHUMER, the Gang clear reduction in wages as a result of and services produced in America. But of 8 leader, at the committee: How the current flow of immigration, and what about the average person and many people will be legalized under this flow is much bigger. their share of the economy? Will it go your bill? Well, we won’t say. I said We are talking about not only a 50- up or will it go down? again: How many? You offered a bill; percent increase in the legal flow of Look at this chart. It comes right you want us to vote for it. Can’t you immigration every year, meaning 15 out of the CBO score, right out of their tell us how many people would be ad- million over 10 years as opposed to 10 book. This is 2013 and this is 2029. This

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE S5312 CONGRESSIONAL RECORD — SENATE June 26, 2013 is, I guess, 2032 where the lines cross. people because that is part of the agen- Immediate access that will be given How many years? Well, over 29 years or da we have, to be a part of any long- to those who are given this RPI provi- 26 years. This bill, S. 744, would reduce term settlement of our immigration sional status to free earned-income tax per capital GNP by 0.7 percent in 2023, problem. I am saying in the future the credits is in the bill. I offered an out here, and it stays below the line it annual flow, the monthly flow, will be amendment in committee to fix that. would have been on had the bill not more than we will be creating jobs In other words, the earned-income tax passed. This is below what would have here. That is a pretty stunning figure. credit, if a person makes below a cer- happened if the bill had not passed. Mr. Peter Kirsanow, who serves on tain salary and they are working and Passing the bill pulls down GNP per the U.S. Commission on Civil Rights they have a family, they get a big capita, making each worker in Amer- and used to be on the Labor Relations check, sometimes $2,000, $3,000, from ica less able to have a full share of the Board, I believe, writes that this bill the Federal Government. It is not a tax wealth of America. That is what that would have ‘‘profound and substantial deduction. It is not a credit against fu- means. It is not right. costs to American workers.’’ ture taxes. It is a direct payment to We have had people just blindly com- He was participating in the hearings that individual in the form of a subsidy ing down here for days now and assert- of the Civil Rights Commission. He and a welfare payment and that is the ing boldly, without any serious eco- said every witness there said that. Pro- way the CBO scores it—as a direct pay- nomic data to back it up—except in fessor Borjas at Harvard, the leading ment, just like any other payment of 2033. This is out to 2033. They have had expert in this area, has found that from welfare to the individual because that years way out there where they try to 1960 through 2012, immigration has cost is what it is. claim improvement. We need to be wor- native-born workers an average of $402 They will get that immediately. I of- ried about our people now. We have billion in lost wages, while firms using fered an amendment in committee. I do people unemployed now, looking for workers such as this gained income. He think—I think I incorrectly said ear- jobs right now. We should be helping goes on to say the impact of increased lier that the Gang of 8 Members voted them. So this is important. immigration from 1980 to 2000 resulted against it. I do believe Senator GRAHAM in a 3-percent decrease in wages for av- Finally, I will show my colleagues and Senator FLAKE voted for my one more chart we need to focus on. erage native workers and an 8-percent amendment in committee, but it failed This is one of the most stunning charts decrease for high school dropouts. This in committee. That amendment, to be is 8 percent. That means a lot of I have seen. I was shocked when my offered tonight by Senator RON JOHN- money. staff told me about it. It was part of SON of Wisconsin, has been blocked and He goes on to say: ‘‘Immigration has the Congressional Budget Office anal- will not be voted on. its largest negative impact on the wage ysis and debt projections for our econ- So if this bill passes, there will be of native workers who lack a high omy for the next 10 years. They do that welfare payments immediately to all 11 school diploma’’—a group that makes every year. They do updates every million who qualify, and large numbers up, in recent decades, a shrinking share year. So in the early part of this year, of these individuals will qualify be- of the workforce. These workers are they did a projection of employment cause they are low-skilled. Over half do among the poorest of Americans. for the next 10 years, and they pro- He goes on to say: ‘‘The children of not have a high school diploma, and jected what kind of job creation we these workers make up a dispropor- they will be in that wage rate that would have over the next 10 years. Our tionate number of children in pov- qualifies for this welfare payment. CBO does it every year. It is not a new erty.’’ He concludes that, based upon Also, within 5 years, 2 to 3 million il- report, it is something they do nor- census data, when we have an increase legal immigrants who are given legal mally. This is what they concluded: of workers in a specific field of 10 per- status will become green card holders For the next 5 years, 2015 through 2018, cent, we can have the employment rate and/or citizens and become eligible for while we are coming out of the recov- fall. A 10-percent increase in supplied all Federal benefits. So a big chunk of ery from the recession, they project we workers from immigration levels re- them—2 to 3 million—will be put on a would create 171,000 jobs a month. duced the employment rate for African pathway to citizenship in 5 years and That is really not enough to reduce Americans by 5.9 percent. That is al- certainly legal status in 5 years. unemployment significantly. We ought ready. The PRESIDING OFFICER. The Sen- to be creating 200,000, 250,000, 300,000, to My point is I don’t see how anyone ator has consumed 30 minutes. begin to pull down unemployment. But can say that anything like over the Mr. SESSIONS. I ask unanimous con- that is what they predicted. But look next decade, we are not going to see sent, Mr. President, for an additional 2 at this: This is the second 5 years of lower wages, more unemployment, and minutes and I will wrap up. their 10-year window. They project lower per capita GNP. Frankly, I think The PRESIDING OFFICER. Without only 75,000 jobs a month. So our staff Borjas’s analysis is probably stronger objection, it is so ordered. called them. on that subject than CBO’s. Mr. SESSIONS. I thank the Presiding They said: Tell me about this. We know this: The Federal Reserve Officer for his courtesy. CBO said: We are glad you called. We Bank in Atlanta has done similar stud- So those will get the welfare within 5 are glad you called because we have ies. These studies show things such as years. That is where we are. given a lot of thought to this. We have the average worker’s pay being reduced I appreciate the work that a lot of studied projections and data and the by $1,500 a year, which is $120 a month. people have put into this legislation. case for projections for slower growth My colleagues continue to insist that People have worked hard on it. They in this period of time for mature econo- their promise is correct, that this bill have a vision they want to accomplish. mies. This is what we come up with as would not provide welfare to those who We do need to fix our broken immigra- the best projection, using private sec- are given legal status. But the facts tion system. But this legislation does tor information and other data, includ- show it is not correct. I just have to not do it. It does not come close to ing Department of Labor Statistics. rebut that. I questioned that at the be- doing it. It should not become law, and Well, from 2019 through 2023, we will ginning. We now know their promise is we should make sure it does not be- be bringing in 75,000 jobs a month, with not correct. come law. this bill. How can that not increase un- Immediate access to once legalized I urge my colleagues tomorrow to employment in America? How can that individuals—they will first have imme- vote no. That does not mean we will not create a glut of workers that pulls diate access to State and local bene- never do anything. That is, of course, down wages and creates more unem- fits. silly. We need to come back with a ployment? Senator RUBIO even proposed an more realistic piece of legislation—leg- I just don’t see how we can possibly amendment to the bill that would have islation that asks seriously how many justify this large flow of workers with- eliminated that, but it was never voted workers this economy can accommo- out adversely impacting the salaries of on. So the bill we will be voting on date. Do we have a system that deals American workers. I am not talking does not change that at all. He knew with visa overstays? This bill weakens about the 11 million who would be le- that was contrary to the promises dramatically the entry-exit visa sys- galized. I am not talking about those made. tem under current law that has never

VerDate Sep 11 2014 02:29 Sep 21, 2014 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\JUN2013\S26JN3.REC S26JN3 rfrederick on DSK5VPTVN1PROD with CONG-REC-ONLINE June 26, 2013 CONGRESSIONAL RECORD — SENATE S5313 been implemented but should have This bill allows people to come with THE JUDICIARY been implemented years ago. It under- their families, to put down roots and PEDRO A. DELGADO HERNANDEZ, OF PUERTO RICO, TO mines the requirements in current law become established, and then it is im- BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF PUERTO RICO, VICE DANIEL R. DOMINGUEZ, RETIRED. that would make that system work. practical and unkind and unrealistic BRUCE HOWE HENDRICKS, OF SOUTH CAROLINA, TO BE Therefore, it will not work. It is weak- that we would, 10 years from now, say UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA, VICE MARGARET B. SEYMOUR, RE- er than the current law. We should be go home. We are going to have huge TIRED. following current law. visa overstays, as CBO predicts, be- ALISON RENEE LEE, OF SOUTH CAROLINA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF In addition, we need to strengthen, as cause that is the way it is going to SOUTH CAROLINA, VICE CAMERON M. CURRIE, RETIRING. Senator PORTMAN advocated, the E- work. IN THE AIR FORCE Verify system at the workplace. That I thank the Presiding Officer for giv- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT is not done. As Senator CHAMBLISS ing me an opportunity tonight to share IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- pointed out, there are so many com- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE a few of my concerns, as we move to a AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION plexities in these guest worker pro- big vote tomorrow on cloture. 601: grams, so many loopholes and difficul- I yield the floor. To be general ties that we do not even know about. f LT. GEN. ROBIN RAND We need to simplify that system. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A guest worker system that brings a ADJOURNMENT UNTIL 9:30 A.M. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE person here to work for 3 years with TOMORROW AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION their family, where they can reup for 601: another 3 years and maybe another 3 The PRESIDING OFFICER. Under the previous order, the Senate stands To be lieutenant general years—they are then going to be asked MAJ. GEN. RUSSELL J. HANDY to leave this country if they no longer adjourned until 9:30 a.m., on Thursday, IN THE ARMY have a job, if we hit a recession? That June 27, 2013, and does so as a further is not going to happen. That is an im- mark of respect to the memory of the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT late Senator William Dodd Hathaway IN THE UNITED STATES ARMY TO THE GRADE INDICATED practical system. UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: of Maine. A good guest worker system should To be brigadier general, judge advocate allow workers to come to America— Thereupon, the Senate, at 8:35 p.m., general’s corps only those who intend to work for the adjourned until Thursday, June 27, 2013, at 9:30 a.m. COL. CHARLES N. PEDE season they intend to work, and then IN THE AIR FORCE they should return home. They should f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT maintain their residence in the foreign TO THE GRADE INDICATED IN THE REGULAR AIR FORCE country, and then they work here as NOMINATIONS UNDER TITLE 10, U.S.C., SECTION 531: guest workers. That is what a guest Executive nominations received by To be major worker program should be. the Senate: PETER C. RHEE

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CELEBRATING FORMER MAYOR PERSONAL EXPLANATION immune diseases, is difficult for medical practi- HARRY MIMS tioners to accurately diagnose and even more HON. BARBARA LEE difficult to treat as there are currently no dis- OF CALIFORNIA ease specific treatments. As we recognize the need for awareness of this troublesome dis- HON. RODNEY ALEXANDER IN THE HOUSE OF REPRESENTATIVES ease, we can and must do more for the thou- OF LOUISIANA Wednesday, June 26, 2013 sands of Americans who are diagnosed with IN THE HOUSE OF REPRESENTATIVES Ms. LEE of California. Mr. Speaker, I was this condition each year. This is why I authored H.R. 1429, the Wednesday, June 26, 2013 not present for rollcall votes 287–288. Had I been able to vote, I would have voted ‘‘yes’’ Scleroderma Research and Awareness Act. Mr. ALEXANDER. Mr. Speaker, it is with on both. This bipartisan legislation coordinates and in- great pride and pleasure that I rise today to f tensifies research and awareness of this dis- commend Former Mayor Harry Mims, who has ease, prioritizes the development and evalua- IN HONOR OF LINGOHOCKEN FIRE devoted 38 years of outstanding leadership to tion of new treatments options, and authorizes CO.—100TH ANNIVERSARY the Village of East Hodge in Louisiana. The Director of NIH to pursue enhanced clinical East Hodge Town Hall will be dedicated in his and basic research related to Scleroderma. I name honoring his unwavering service. Also HON. MICHAEL G. FITZPATRICK want to thank my colleague, Representative adding to the festivities, a celebration will be OF PENNSYLVANIA PETER KING (NY–02), for leading this bill with me and then 11 cosponsors who have already held to commemorate Mayor Mims’ 99th birth- IN THE HOUSE OF REPRESENTATIVES day. lent their support to this effort. Wednesday, June 26, 2013 I urge my colleagues join us in support of I ask my colleagues to join me in offering Mr. FITZPATRICK. Mr. Speaker, as one of this important legislation providing for needed plentiful well wishes to Mayor Mims. His reso- Bucks County’s many volunteer fire compa- federal investment in this misunderstood dis- lute commitment and compassionate service nies, the Lingohocken Fire Company is cele- ease. to the community deserve our gratitude. brating 100 years of continuous service that f began with caring, local farmers leaving the f RECOGNIZING THE VOLUNTEERS fields to answer a neighbor’s call for help. This FOR THE PRINCE WILLIAM AREA small cadre grew and soon a ‘‘fire company’’ HONORING MRS. HELEN S. SLAGLE AGENCY ON AGING was responding to the loud clanging of an old locomotive wheel that now hangs outside the firehouse as an historic reminder of those who HON. GERALD E. CONNOLLY HON. SAM GRAVES answered the call. Today’s volunteers are 21st OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES OF MISSOURI century—trained in the use of modern equip- ment and well-prepared to protect lives and Wednesday, June 26, 2013 IN THE HOUSE OF REPRESENTATIVES properties. They continue to work hard and Mr. CONNOLLY. Mr. Speaker, I rise today Wednesday, June 26, 2013 last year, alone, they put in nearly 5,000 hours to recognize the volunteers for the Prince Wil- responding to fire calls, training, attending liam Area Agency on Aging. Mr. GRAVES of Missouri. Mr. Speaker, I meetings and other company-related activities. The Prince William Area Agency on Aging is proudly pause to recognize Mrs. Helen S. We proudly acknowledge the Lingohocken one of more than 670 agencies in the National Slagle of Saint Joseph, Missouri. Mrs. Slagle Fire Co., serving Wrightstown Township and Association of Area Agencies on Aging. The is retiring from Federal service after 36 years portions of Buckingham and Upper Makefield Agency of Aging works to maintain the inde- of loyal service. townships. Congratulations on your 100th an- pendence and quality of life for adults and Helen Slagle entered into Federal service in niversary, outstanding public service, and for their families. Volunteers work alongside pro- 1977 and has never truly left. In 1977 Helen the example you set for others to follow. fessionals serving as advocates, educators, enlisted in the United State Marine Corps. f and coordinators implementing programs and After her honorable discharge in 1997 from services for the senior members of the tri-juris- IN RECOGNITION OF SCLER- the Marine Corps at the rank of Gunnery Ser- dictional areas of Prince William County and ODERMA AWARENESS MONTH geant; Helen was once again called into Fed- the cities of Manassas and Manassas Park. eral service with the Immigration and Natu- Volunteers assist with the Bluebird Tour Pro- ralization Service. HON. LOIS CAPPS gram, Disability Service Board, Virginia Health Helen then transitioned to the private sector, OF CALIFORNIA Insurance Counseling and Assistance Pro- working under contract for the Federal Gov- IN THE HOUSE OF REPRESENTATIVES gram, Agency on Aging Tax Aid, Commission ernment. In 2006, Helen began her final post- Wednesday, June 26, 2013 on Aging, Long Term Ombudsman Program, and the Senior Centers and Adult Day ing with the Federal government as a Special Mrs. CAPPS. Mr. Speaker, as we celebrate Agent with the United States Office of Per- Healthcare. Scleroderma Awareness Month this June, I It is my honor to enter into the CONGRES- sonnel Management’s Federal Investigative rise today in recognition of the 300,000 Ameri- SIONAL RECORD the names of volunteers for Services, Kansas City Office. During her time cans with Scleroderma. the Bluebird Tour Program: at O.P.M. Helen has directly supported the Scleroderma is a chronic and disabling con- Bill Barnhart, Trudy Burks, Brian Fulton, Federal, military and defense contractor as- nective tissue and rheumatic disorder resulting Diane Fulton, Fran Harrod, Mary Kay Portell, sets located in Northwest Missouri. The inves- from an overproduction of collagen in the skin, Wanda Pulliam, Ray Vanderbilt, Chester tigations that Helen conducted have been for tissue, and underlying muscle. The word Smith, Nancy Smith. the proud military men and women who are ‘‘scleroderma’’ means hardening of the skin, It is my honor to enter into the CONGRES- serving their state and country. which is often one of the most visible mani- SIONAL RECORD the names of volunteers for Mr. Speaker, I proudly ask you to join me in festations of the disease. But scleroderma can the Disability Service Board: recognizing Mrs. Helen S. Slagle. For the last also affect many other areas of the body in- Phyllis Aggrey, Michael Bizik, Nona Bond, 36 years Helen has dedicated herself to the cluding the heart, lungs, kidneys and gastro- James Bryant, Janice Buie, Ashley Cavossa, United States of America through her unwav- intestinal system. Barbara Diehl, Mark Fletcher, Lillian Garland, ering Federal Service and I am honored to Given the unpredictable progression of the Melvin Padgett, II, Diane Raulston, Karen represent her in the United States Congress. disease, Scleroderma, like many other auto- Smith, Paul Weisenberger, Karen Williams.

∑ 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.

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It is my honor to enter into the CONGRES- McGlawn, Julie Meeham, Ruth Meier, Karen agriculture, promotes specialty crops, such as SIONAL RECORD the name of the following vol- Merchant, Roberta Messamer, Ruth Miller, fruits and vegetables, and ends direct com- unteer for the Virginia Health Insurance Coun- Jack Millett, Pamela Millett, Sadhna Minter, modity payments to farmers in favor of a more seling and Assistance Program: Robert Mitchell, Emerita Mogrovejo, Mary robust crop insurance program. Robert Gainer. Money, Molly Mooney, Leo Moore, Mary I support many of these reforms, but the bill It is my honor to enter into the CONGRES- Moore, Virginia Morales, Joseph Mugnano, that was considered in the House this week SIONAL RECORD the names of the following vol- Karlene Murphy, Mary Murphy, Billie Nichols. could have been much better. The FARRM unteers for the Tax Aide Volunteers Program: Jennifer Nicol, Marianne Nigreville, Gi Nigro, Act cut conservation programs designed to re- Ronald Bond, William Burston, Mary Cole- Carol Nolan, Clifford Nolan, Phyllis Norling, ward farmers for protecting drinking water and man, John Kirzl, VaLoris MacDowell, Bob Mar- Sandy Novak, Gloria Oakes, Susie O’Neal, land and reduced acreage enrollment in the tin, Mike Martin, Lee Schumacher, Elizabeth Lynn Oneill, Albert Osborne, Margaret Conservation Reserve Program (CRP). The Smolen, Gail Strickland, Bruce Willey. Palomares, Cynthia Parent, John Parker, Edith bill failed to place caps on the taxpayer’s It is my honor to enter into the CONGRES- Peel, Jo Peters, Dianne Peyton, Marie Phoe- share of crop insurance premiums and in- SIONAL RECORD the names of volunteers for nix, Mirta Pimentel, Louise Pleines, Elinor creased price guarantees for many major the Commission on Aging: Polansky, Len Postman, Joseph Powers, Pa- crops. Additionally, the bill contained a provi- Willard Bennett, Raymond Beverage, San- tricia Prochnow, Marlene Puglisi, Frederick sion added by amendment in the Committee dra Dawson, Edna Garr, Jane Lakata, Frank Puhala, Najibullah Qazei, Hilde Reed, Phyllis that would have prevented states from setting Maresca, Len Postman, Richard Sienkiewicz, Reese, Noreen Reynolds, Samuel Rhodes, their own farm and food standards. Mary Shufelt, Nancy West. S.H. Richardson, Charles Rigby, Mary Rigby, But the most outstanding issue with the It is my honor to enter into the CONGRES- James Riley, William Ritter, Latasha Rivers, FARRM Act is by far the $20.5 billion cut to SIONAL RECORD the names of volunteers for Willow Rolfe, Griselda Roque, Shirley Roy, the Supplemental Nutrition Assistance Pro- the Long Term Ombudsman Program: William Ruhe, Bertha Russ, Gwen Ryfinski. gram (SNAP), more commonly known as food Nancy Bireley, Celeste Cole, Pat Giusti, Anna Ryman, Rayzel Sachs, Joyce Sakole, stamps. At a time when a record numbers of Judy Kenyon, Fred Knox, Carol Leet, Barbara Michael Sakole, Glenn Sartori, Barbara families are struggling to put food on the table Ondo, Carol Sturz. Schonherr, Andrea Schu, Joseph Schu, Doro- the House bill would recklessly cleave SNAP It is my honor to enter into the CONGRES- thy Schumacher, Valerie Schutz, Connie resulting in a loss of benefits for more than 2 SIONAL RECORD the names of volunteers for Scurlock, Thomas Scurlock, Richard Shaffer, million low-income individual, working families, the Senior Centers and Adult Day Healthcare: David Shely, Gertrude Slater, Geri Smith, Mi- children and seniors. Jo Adell, Marie Akins, Mathilda Alexander, chael Somma, Janet Spence, Cyme Spicer, Joann Amidon, Martha Andrews. Gorrell In New Jersey the number of SNAP partici- Annemarie Stalsworth, Frank Stone, Lois pants over a 5 year period has more than Angel, Grant Angel, Jean Angel, Lynn Ashe, Stone, Cynthia Tallia, Hafiz Tarbal, Helen George Ashley, Sally Au, Emelda August, doubled from only 431,797 participants in Tang, Eric Taylor, Doris Tchakirides, Brooks March 2008, up to 873,657 participants in Alleen Bagley, Bobsonm Bangura, Stanley Terry, Howard Teten, Tom Thatcher, Joyce Baranowski, Yon Barker, Sharon Bauer, March of this year. The Americans who rely Thomas, Lowell Thomas, Michael Timko, Lana on this program are not looking for a handout Nancy Bell, Beverly Bendekgey, Barbara Tobey, Nancy Tsou, Meridel Turch, Alan Tur- Betton, Arline Blanke, BettyAnn Blanton, Doris or trying to game the system, they are individ- ner, Wilma Turner, Sylvia Urani, Mohammad uals and families who have fallen on hard Bodwin, Suzuyo Bolvin, Zile Brannon, James Vali, Shirley VanEss, Andrew Vani, Dianne Branscome, Carol Brauzer, Felicia Brown, times and need just a little assistance to afford Vaughn, Glenn Vinson, Arc Vosac, Barbara the most basic of needs—something to eat. Peggy Bruhn, Laura Buckenmeyer, John Wagner, Charlotte Walker, Lorelea Wann, Bucsko, Dom Bumbaca, Effie Bumbaca, The average weekly SNAP benefit is $31.50 Claudett Warner, Jeanne Warner, Brenda a week or about $4.50 a day. Half of all SNAP Margie Byrne, Doris Caporale, Helen Warren, Peggy Weber, Evelyn West, George Caporaletti, Kit Carney, Olive Carrington, beneficiaries are children. 1 in 5 American Whitfield, Joyce Wilson, Pearl Wilson, Theresa children live in a food insecure household and Francis Chergosky, Gene Chumley, Luis Winiesdorffer, Regeanne Woodworth, Carol Cifuentes, Elizabeth Clemens, Katherine 75% of households with food insecure children Wright, Kyong Yoo, Barbara Zader, Adella have one or more adults in the labor force. Cooke, Sheila Copeland, Catherine Corner, Zilka. Margaret Covington, Ollie Cross, Maryls Overall 76% of SNAP benefits go to house- Mr. Speaker, I ask that my colleagues join holds with children, 16% to households with Daack, Ronald Daack, Edgar Davis, Paul me in commending these dedicated volun- Davis, Pauline Davis. disabled persons, and 9% to households with teers. I would like to extend my personal ap- seniors. Gretchen Day, Roberta Dearden, Naomi preciation to the men and women who partici- Delashmutt, Melita Diklich, Barbara Dillon, I voted against final passage of the FARRM pate in the Prince William County Area Agen- Act because we must stop trying to balance Hugh Dillon, Dottie DiMartino, Henry D’Souza, cy on Aging programs and services. We all Cathy Dykstra, Karen Edwards, Linda the budget on the backs of the poor and work- owe a debt of gratitude to these selfless com- ing class. A $20.5 billion cut in SNAP would Edwards, MaryJane Ellis, Mildred Ellis, Glory munity activists. Emmanuel, Marianne Enright, Sue Flatequal, harm only poorest families in American and Joan Galvin, Dorothy Garland, Lenore George, f disproportionately affect children, seniors and Susan Gillon, Betty Glasco, Susan Glynn, FEDERAL AGRICULTURE REFORM people with disabilities. Brenda Goodridge, Ethel Gorham, Carolyn AND RISK MANAGEMENT ACT OF As a country we must end our obsession Grandjean, Beulah Green, Mary Griffith, Mary 2013 with debt and deficits, especially when these Gueriera, Norma Guerra, John Hahn, Mazen reductions are coming at the expense of the Hammoudeh, John Happoldt, Althena Harris, SPEECH OF impoverished and the hungry. We need poli- Daniel Harris, Kitty Harris, Rosi Harrison, Bar- cies that encourage economic growth which bara Hayes, Bobbie Henderson, Lee Hen- HON. RUSH HOLT will allow for the creation of more jobs, higher dricks, MaryLou Hill, Iris Hodges, Joseph OF NEW JERSEY incomes, and increased tax revenues that will Hohos, Norma Holmgren, Brett Hoyer, Eliza- IN THE HOUSE OF REPRESENTATIVES in turn contribute to deficit reduction. beth Hudson, Roy Hudson, Maureen Hum- Tuesday, June 18, 2013 There are greater savings possible else- where in the farm bill, such as placing caps on phrey, Francine Jacobs, Thomas Jonas, Wil- The House in Committee of the Whole liam Kelsey, Edith King, Betty Knowles, Fred- House on the state of the Union had under insurance premium subsides that enable some erick Knox. consideration the bill (H.R. 1947) to provide of the largest farms to receive millions of tax- Theresa Koger, Marie Komyathy, Martin for the reform and continuation of agricul- payer dollars year-after-year. Kruger, Joseph Kubica, Edward Lacy, Albert tural and other programs of the Department Rather than cutting programs that are spe- Lammers, Jan Lawler, Tina Leacock, Jane of Agriculture through fiscal year 2018, and cifically focused on the hungry and poor, I Lehman, Rene Lehman, James Lewis, Allen for other purposes: support policies that will create jobs and im- Lindholm, Mary Livingston, Amber Love, Wil- Mr. HOLT. Madam Chair, I appreciate the prove incomes, allowing in the long-term fewer liam Lucas, Norma Mace, Irma Machado, Don efforts of Chairman LUCAS (R–OK) and Rank- household to depend on SNAP for their next Mackintosh, Agnes Maiden Mary Mange, Do- ing Member PETERSON (D–MN) to craft this meal. lores Masters, George Mawhiney, Teresa year’s farm bill. The FARRM Act makes many Now that the FARRM Act has failed to pass McCall, Harold McCarty, Daniel McCaslin, several necessary reforms to our county’s ag- the House by a vote of 195 to 234, it should Pearl McCray, Gretchen McDonell, Barbara ricultural policy. The bill encourages organic be clear to the House Majority that members

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JN8.007 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E971 on both sides of the aisle are opposed to the Performing Arts Center as it celebrates its LOUISIANA ECONOMIC DEVELOP- SNAP cuts in this bill. I encourage my col- 35th anniversary. We join the community in MENT ASSOCIATION RECOGNIZES leagues in Leadership and in the Agriculture paying tribute to Mary Borkovitz for her dedi- HIGH TECH COMPONENTS, INC. Committee to work towards a compromise that cation, enthusiasm and commitment to the AS A RECIPIENT OF THE 2013 would eliminate the SNAP cuts and allow for performing arts. The community is fortunate to LANTERN AWARDS the passage of a farm bill that supports agri- have such a remarkable leader. We appre- culture without hurting hungry families. ciate the commitment she has demonstrated HON. CHARLES W. BOUSTANY, JR. f and wish her continued success as she sets OF LOUISIANA an example of community service for others to IN THE HOUSE OF REPRESENTATIVES FEDERAL AGRICULTURE REFORM follow. AND RISK MANAGEMENT ACT OF Wednesday, June 26, 2013 2013 f Mr. BOUSTANY. Mr. Speaker, I rise today to congratulate High Tech Components, Inc. SPEECH OF RECOGNIZING THE VOLUNTEERS as the Acadiana Region recipient of the 2013 HON. CHRIS VAN HOLLEN FOR THE PRINCE WILLIAM Lantern Awards. COUNTY ANIMAL SHELTER OF MARYLAND The Lantern Award provides an opportunity to salute manufacturers for their outstanding IN THE HOUSE OF REPRESENTATIVES contributions to the Louisiana economy and to Tuesday, June 18, 2013 HON. GERALD E. CONNOLLY their communities. Recipients are selected on The House in Committee of the Whole OF VIRGINIA the basis of their contributions over a period of House on the state of the Union had under time to the betterment of their communities, IN THE HOUSE OF REPRESENTATIVES consideration the bill (H.R. 1947) to provide growth in the number of employees, and ex- for the reform and continuation of agricul- Wednesday, June 26, 2013 pansion of their facilities. tural and other programs of the Department Owned by Frank’s International, High Tech of Agriculture through fiscal year 2018, and Mr. CONNOLLY. Mr. Speaker, I rise today Components, Inc. has manufactured, repaired, for other purposes: to recognize the volunteers for the Prince Wil- and stocked the widest selection of Gate Mr. VAN HOLLEN. Madam Chair, I rise liam County Animal Shelter. Valve Components in the Gulf Coast region today in opposition to H.R. 1947, Federal Agri- As part of the Prince William County Animal for 26 years. The scope of manufacturing is culture Reform and Risk Management Act. Control Bureau, the Prince William County broad which allows the company to machine While Congress must pass a long-term policy Animal Shelter aims to provide permanent something as small as a thimble to as large as for American consumers, farmers, and ranch- safe and clean homes for animals through a car. ers, this bill is simply unacceptable. Unlike the adoption. The Prince William County Animal In an ever changing and competitive indus- measure passed by our colleagues in the Sen- Shelter strives to educate the public about the try, High Tech utilizes the latest and most ate, the House GOP’s bill makes deep, reck- overpopulation of companion animals and the powerful technology to optimize its machining less cuts to programs for low-income families need to provide them with a safe and secure processes while producing the highest quality and children. This bill reduces by $20 billion living environment. The volunteers help pro- products. Committed to providing quality prod- the Supplemental Nutrition Assistance Pro- mote pet adoption by loving and caring fami- ucts in a timely manner that meets and ex- gram (SNAP), which will end food aid for near- lies. ceeds its customers’ expectations, High Tech ly 2 million people, and kick 210,000 children It is my honor to enter into the CONGRES- Components, Inc., has seen tremendous off of free school lunch and breakfast. SIONAL RECORD the names of the volunteers growth since 2006. As a small company start- We need a farm bill that is fiscally respon- for the Prince William County Animal Shelter: ing with 28 employees and 19 machines, High sible, provides small farmers and ranchers Tech Components, Inc., has expanded to en- Taylor Andrejko, Donna Angel, Laura Ariza, with tools to manage risk, and creates oppor- compass a 19,600 square foot facility with 210 Ashley Arrendedo, Christine Baird, Grace Ben- tunities for conservation in areas like the employees using 86 machines. nett, Haley Bolduc, Chris Bowers, Tyler Chesapeake Bay. There is agreement that we It is due to the efforts of companies and Brainard, Edward Busse, Maddy Busse, Dale need to eliminate direct payments that are businesses like High Tech Components, Inc. Cash, Jessica Cash, Nicole Cotter, Courtney made regardless of yields, prices, farm in- that Louisiana continues to grow and prosper Creegan, Kristy Delcid, Laurn Ferrell, Ja’Sjnn come, or size. Unfortunately, until the House economically. Ford-Maxwell, Kirsten Freeman, Kyle Geary, GOP bring a reasonable measure to the floor, f the federal government will continue to give Kourtney Gifford, Monica Gonzalez, Bill Gra- taxpayer dollars to big agribusinesses whether ham, Eliza Hayslett, Jennefer Hayward, Ra- TRIBUTE TO NATHAN REA FOR they need them or not. chel Higgins, Shanon Hintz, Garrett Holguin, HIS DEDICATED SERVICE TO OR- I urge my colleagues to oppose this bill and Madeline Honneger, Sara Howell, Stefanie EGON AND THE NATION look forward to working with them on a re- Howlett, Joan Hufnagel, Becca Jackson, sponsible, long-term reauthorization of our na- Jayson Juarez, Helena Karch, Greg HON. GREG WALDEN Kellenberger, Terri Kellenberger, Christopher tion’s agriculture policy. OF OREGON Leta, Christy Lewis, Catherine Lynn, Dawn f Lopicollo, Hannah Malone, Jakob Manne, Lor- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF MARY BORKOVITZ raine Marks, Tom Marks, Kourtney Wednesday, June 26, 2013 McClendon, Angela Meier, Barbara Meier- Mr. WALDEN. Mr. Speaker, I rise today to HON. MICHAEL G. FITZPATRICK Bice, Rick Mensch, Tessa Metz, Genesis honor Nathan Rea, a long-time, dedicated Moreno, Fernando Navarro, Matthew Noble, OF PENNSYLVANIA member of my staff and very good friend who T.J. Nocera, Betsy O’Connell, Shan Oliver, IN THE HOUSE OF REPRESENTATIVES recently left Washington, D.C. to return to his Debbie Padula, Ron Padula, Ashley Plaster, family’s farm in Umatilla County, Oregon. Na- Wednesday, June 26, 2013 Breon Randon, Ariel Reilly, Noah Robles, than came to the nation’s capital in 2005 in- Mr. FITZPATRICK. Mr. Speaker, congratula- Mickenzie Roby, Collen Rosengrantz, Maja tending to stay for a brief three month intern- tions to Mary Borkovitz for 35 years of service Ruble, Karol Salas, Jennifer Stafford, Vicki ship in my office before returning to his fam- to the Lower Makefield Society for the Per- Smith, Corey Taylor, Anika Tolentino, Lynn ily’s multi-generation farm. Three months forming Arts, a group she founded in 1978. Traxler, Allison Tucker, Candice Villanuerva, turned into eight years, and along the detour Earlier, she demonstrated a keen spirit of vol- Bryce Wade, Roxanne Wilson, Annika Young. Nathan fell in love with Emily Skoblar. Nathan unteerism by serving on the township Park Mr. Speaker, I ask that my colleagues join and Emily married, and in February of last and Recreation Board, as a Girl Scout leader me in commending the volunteers of the year they welcome their beautiful daughter and teaching music in a local nursery school. Prince William County Animal Shelter for their Gwenyth ‘‘Gwenny’’ Isabelle into the world. Soon she began a popular community concert dedication to the protection of animals in our During their time in Washington, Nathan and series under the auspices of the new Lower community. Family pets can be a great source Emily both dedicated themselves to the needs Makefield Society for the Performing Arts. of comfort and companionship and the least of others, but they decided to heed the call to Mary continues serving as executive director we can do is work to provide them with a lov- family farm life and turn the federal public of the expanded and renamed Bucks County ing home when they are without one. service opportunity over to others.

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.001 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E972 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 Nathan was born in Walla Walla, Wash- Emily is a child and adolescent psychologist. Goodgion, AJ Handy, Alex Hickey, Cassie ington, and was raised on the Rea family farm She has served the children and families of Hickey, Ellen Hill, Abby Hitt, Christine Hutch- in Milton-Freewater, Oregon by his parents combat injured service members as part of inson, Susan Jefferies, Marilyn Keeler, Hailey Dennis and Laura Rea. From a very young Operation BRAVE Families at Walter Reed Kemp, Shirley Kossoy, Amber Kozavac, age, Nathan worked in the field with his grand- National Military Medical Center. Like Nathan, Samantha Lebley, Marie Lerch, MaryBeth father H.T. Rea and father planting and har- Emily is a true and highly dedicated public Lerch, Ellen Linder, Tatiana Link, Stan Living- vesting wheat and green peas. servant. ston, Susan Livingston, Carin Lodell, Nick Nathan graduated from DeSales Catholic Nathan is no longer a formal member of my Londino, Nicholas Londino, Natalie Lutsky, High School in Walla Walla and earned his staff, but he’ll always be a highly valued mem- Jenny Lyons, Jordan McCloskey, Susan degree in agriculture businesses from Wash- ber of Team Walden. We miss Nathan’s intel- Mcclure, Rileigh Mcclure, Kelly Mcgillivray, ington State University in 2004. His love of his lect, humor and care. I am certain that he will Sandy McGushin, Kim Millspaugh, Kyra Min, alma mater was not only evident in the numer- continue to exhibit in his local community the John Moser, Ellen Mullen, James Mullen, Sue ous WSU Cougar logos found around his values he showed on my team—Eastern Or- Murphy, Judy Musa, Saundra O’Connell, Glo- desk, but also by his well-stated affection for egon values like hard work, service, and loy- ria O’Connor, Laurie Olivieri, Natalie Pinto, the famous ‘‘Cougar Gold’’ cheddar cheese, a alty. Tori Plumley, Mackie Radar, Diane Ramee, product produced and sold around the world In a special address to Congress on Janu- Susan Roberts, Elizabeth Schwitz, Meagan by students at the WSU Creamery in Pullman. ary 9, 1956, President Dwight D. Eisenhower Searles, Larry Shane, Micaela Shrauder, Pat And even though the Cougs only beat my Or- said ‘‘The proper role of government, however, Sodo, Maril Sowa, Emily Steadman, Eliza egon Ducks football team once during Na- is that of a partner with the farmer—never his Stelmack, Susan Sykes, Tyler Walker, Sharyn than’s eight years in my office, I will admit that master. By every possible means we must de- Walker Kapp, Leighann Whitley and Karen Cougar Gold cheese is worthy of the praises velop and promote that partnership—to the Zipper. Nathan and his fellow alumni so readily tout. end that agriculture may continue to be a Mr. Speaker, I ask that my colleagues join While growing up on the farm, Nathan sound, enduring foundation for our economy me in commending the volunteers for the gained an appreciation for politics and public and that farm living may be a profitable and Rainbow Therapeutic Riding Center for their service and saw the impact that agriculture satisfying experience.’’ As Nathan departed work preserving equestrian activities in North- and trade policy had on his family and com- Washington, D.C. after many years of utilizing ern Virginia and engaging citizens struggling munity. When he opened the Milton Freewater his expertise in agriculture to improve our na- with mental and physical challenges. Valley Herald one morning and saw an open- tion’s policies—efforts often met by others’ f ing for an internship in my Washington, D.C. misunderstanding of agriculture—he was very office, he applied and was soon off to our na- well suited to fully appreciate President Eisen- HONORING THE 50TH ANNIVER- tion’s capital. hower’s noble thoughts. Whether working in SARY OF THE MINNESOTA The work ethic that Nathan learned on the Congress or from the family farm, Nathan Rea TRANSPORTATION MUSEUM farm was seen from day one when he started will make his community a better place and in my office. His first full day in D.C. was on represent his industry with honor. HON. BETTY McCOLLUM a Saturday, but rather than tour the sights as Mr. Speaker, I would like to invite our col- OF MINNESOTA he had planned, Nathan opted to pitch in with leagues to join me in thanking Nathan and his IN THE HOUSE OF REPRESENTATIVES the team. He spent the better part of that day family for their service to the people of Oregon Wednesday, June 26, 2013 in ‘‘The Cage’’ helping fold thousands of out- and the country, and wish them the very best going constituent letters and get my mail out of luck as they make their new life back home Ms. MCCOLLUM. Mr. Speaker, today I rise the door. It definitely wasn’t the glamorous in Oregon. to pay tribute to the founders, members and many volunteers of the Minnesota Transpor- start that he may have expected! f Nathan rose quickly through the ranks in our tation Museum on the 50th anniversary of the office. He was hired on full time as a staff as- RECOGNIZING THE VOLUNTEERS museum. Based in the historic Jackson Street sistant after a few short months as an intern FOR THE RAINBOW THERA- railroad roundhouse in Saint Paul, Minnesota, and was later promoted to Legislative Cor- PEUTIC RIDING CENTER the museum plays a vital role in preserving respondent, Legislative Assistant, and Legisla- and interpreting the history of Minnesota’s tive Director. HON. GERALD E. CONNOLLY transportation systems. The museum allows He served the people of Oregon’s Second OF VIRGINIA the public to learn about more about how our District—and the country—with his firm grasp IN THE HOUSE OF REPRESENTATIVES state has grown, and experience first-hand the of policy issues that mattered to people back vintage rail cars, trains and buses that have Wednesday, June 26, 2013 home—from promoting Oregon’s wonderful helped move and transform our state. agriculture around the world to putting people Mr. CONNOLLY. Mr. Speaker, I rise today From its inception, the Minnesota Transpor- back to work in the woods to expanding Amer- to recognize the volunteers with the Rainbow tation Museum has been a one-of-a-kind mu- ican energy. Therapeutic Riding Center. seum, with six operating sites. The museum If something needed to be done in our of- Established in 1985, the Rainbow Thera- was first formed to save a single streetcar, fice, Nathan would do it. No job was too big peutic Riding Center offers equestrian activi- Twin City Rapid Transit (TCRT) #1300, as it or too small—from negotiating landmark legis- ties to help Prince William County area citi- was only one of two that survived completely lation to hiring and mentoring young staffers to zens who are facing mental health or physical intact after TCRT was abandoned in 1954. greeting visiting Oregonians. challenges. In an age where technological Following restoration of #1300 to operating One of Nathan’s side hobbies is photog- breakthroughs dominate medicine and where condition, it was decided that the streetcar raphy. Nathan was always looking for the per- urbanization dominates our surroundings, the would be returned to service for the public. fect shot—for committee hearings, for World Rainbow Center has worked diligently to pre- The streetcar began making regular trips on a War II veterans on an Honor Flight, or for his serve horse-riding not only as a simple form of remaining stretch of the streetcar route in the family. In early 2009 during an Energy and leisure, but also as a pleasurable means of fa- southwest suburbs of Minneapolis. More than Commerce hearing on the salmonella out- cilitating the improvement of physical and ten thousand people clamored aboard the car break, I held up a canister of contaminated mental health for many of our citizens. during the first several days of operation help- products and asked the manufacturer if he It is my honor to enter into the CONGRES- ing to propel the museum down the track to was willing to eat his own product. Nathan SIONAL RECORD the names of the volunteers early success. captured this exchange with an excellent with the Rainbow Therapeutic Riding Center: Between 1981 through 1985 the Minnesota photo that was ultimately used by national April Braun, Leigh Bravo, Larry Conneen, Transportation Museum ran a series of short media outlets and was seen all over the coun- Debbie Cosby, Montana Crawford, Nicole steam excursions and shuttle operations in the try. Creedon, Sharon Croft, Meagan Curtis, Thom- Twin Cities area, including destinations in New Nathan leaves my office with a long list of as Dabney, Nicole Dabney, Shane Dalton, Brighton, Stillwater, Lilydale, and Northfield, accomplishments as well as friends who highly Veronica Demarest, Adele Dennis, Emily Minnesota. These operations spurred annual admire him. But most importantly, he leaves Dixon, Carlo Domingo, Natasha Dziarnows, town celebrations that brought communities to- with his wonderful family. Nathan met Emily Kristina Ferrell, Rose Flanery, Jennifer Fowler, gether to share and celebrate vision of the shortly after he was hired in my office, and Kaitlyn Fowler, Samantha Fox, Caroline museum. Like many nonprofit organizations, they married in 2010. A native of Akron, Ohio, Gellene, Maddie Gierber, VeeDeanya the museum has encountered challenges, but

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.004 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E973 the museum has always risen to overcome RECOGNIZING THE VOLUNTEERS Richards, Karen Rito, Christie Rolon, Christine these obstacles, thanks to the many volun- FOR LITERACY VOLUNTEERS OF Rosen, David Rossi, Bruce Roth, Mercedes teers and public supporters drawn to the AMERICA–PRINCE WILLIAM, INC. Salinas, Nottebon Sanchez, Don Scarr, Cyn- group’s mission. thia Schell, Joe Schu, Dee Dee Scott, Dottie Not unlike Minnesota transportation itself, HON. GERALD E. CONNOLLY Smith, Pat Sodo, Janet Sorlin-Davis, Jayne the museum has had an amazing history. At OF VIRGINIA Speck, Steve Spoerry, Jo Storaker, Adele the peak of its growth, the museum operated IN THE HOUSE OF REPRESENTATIVES Strader, Linda Sturdivant, Audrea Tarver, Gor- a streetcar line, an interstate tourist railroad, Wednesday, June 26, 2013 don Tassi, Rodney Teixeira, Jean Thompson, and a 70-foot wood steamboat. The creativity Marion Todaro, Cielito Trinidad, Gardenus behind preserving this rich part of Minnesota’s Mr. CONNOLLY. Mr. Speaker, I rise today Tucker, Catherine Turner, Diane Van Bavel, history remains intact through its volunteer to recognize the volunteers for Literacy Volun- LukeVan de Voorde, Amy Vaughters, Mark and member network of more than 800 peo- teers of America-Prince William, Inc. (LVA– Victorson, Erika Visnevskaia, Tracy Walker, ple, many of whom have remained active to PW). Stephanie Way, Lori Weis, Laura Wheelock, Serving Prince William County for the last this day. By preserving the earliest of street- Janis White, Sabine Winkler, Ellen Yar- 23 years, LVA–PW is a non-profit affiliate of cars, trains and steamboats, the museum also borough, Krystal Yeboah, Brian Young. ProLiteracy America dedicated to offering free documents the journey of these vehicles to Mr. Speaker, I ask that my colleagues join literacy instruction for adults. With over 685 ensure that future generations will be able to me in commending these volunteers for their adult learners, LVA–PW’s mission is to teach enjoy their rich history. dedication to adult tutoring and literacy instruc- adults to read, write, and communicate effec- tion. Mr. Speaker, in honor of the history and leg- tively and acquire basic literacy skills to be- f acy of this organization and the many com- come self-sufficient, better themselves and mitted people who make it a success, I am their families, and enable them to more ac- RICH IN LAUGHTER IN HONOR OF pleased to submit this statement for the CON- tively participate in the community. LVA–PW RICH LITTLE AND HIS GIFTS TO GRESSIONAL RECORD recognizing the 50th An- provides free basic literacy instruction, English AMERICA AND OUR ARMED niversary of the Minnesota Transportation Mu- as a Second Language, computer and work- FORCES seum. place literacy, Pre-GED and GED tutoring, and ESOL/Civic tutoring services to the commu- f HON. JOSEPH J. HECK nity; none of which would be possible without OF NEVADA STATEMENT OF INTRODUCTION— the unwavering efforts of LVA–PW volunteers. IN THE HOUSE OF REPRESENTATIVES It is my honor to enter into the CONGRES- THE FAIR ACCESS CO-OPS FOR Wednesday, June 26, 2013 VETERANS ACT SIONAL RECORD the names of the volunteers for Literacy Volunteers of America-Prince Wil- Mr. HECK of Nevada. Mr. Speaker, I rise liam, Inc.: today to honor one of my constituents from HON. CAROLYN B. MALONEY Deborah Abbott, Cherry Andrews, Joanna Nevada, a man who has become so very Andrusko, Susan Angello, Jan Arbegast, Lidia OF NEW YORK close to America’s heart over the years. Rich Baca, Helen Baker, Barbara Ball, Kathryn Little, the man of over 200 voices. In the last IN THE HOUSE OF REPRESENTATIVES Baum, Laura Baum, Wanda Beasley, Patti decades he has impersonated every Presi- Wednesday, June 26, 2013 Beattie, Randy Beattie, Susan Brown, Chris dent. Through his rich collection of voices, he Brown, Fred Bryant, Judith Bugbee, Connie has entertained America and the world. In Mrs. CAROLYN B. MALONEY of New York. Bukzin, Java Calvin, Lussette Campbell- honor of the love of his life, his late wife Mr. Speaker, across the U.S., there are more Hylton, Janice Carr, Barbara Charlton, Maria, he has also formed a foundation to than 1.2 million units of housing cooperatives. Natacha Clay, Melinda Colassard, Natasha help children, homeless people, and for ani- In New York City, there are close to 6,000 Collier, Jean Cook, Elizabeth Crawford, Jo- mals in need. Just recently he has proudly be- housing cooperatives throughout the five bor- anna Crutchley, Joyce Cummings, Susan come an American citizen in 2010. For years oughs, housing more than half a million fami- Cunningham, Stewart Davis, John Davis, Rich’s other love has been directed towards lies. Unfortunately, these alternative forms of Karen Deloney, Brigette Dickerson, Inge the men and women of the Armed Forces. housing, which are becoming more and more Donahue, Wayne Doran, Julia Dorsey, Sandra Whether on front lines with Bob Hope, or in prevalent in urban areas like New York City, Dowden, Abe Dymond, Douglas Eagles, Dixie hospitals across the America with the USO. Washington, DC, Chicago, and Los Angeles, Elk, Laura Ellis, Bonny Fahy, Amy Feinberg, He has brought so much joy to these heroes are not available to our country’s veterans. Rebecca Ferrall, Diane Figula, Sara Fink, Glo- and their families. Taking them all back home In 2006, the Congress passed legislation I rious Ford, June Forte, Trish Freed, Lillian for the holidays, and letting them forget the authored to allow veterans to use the Vet- Garland, Forrest George, Rachel Goad, Rob- evils of war. He is also a very proud father of erans Affairs’ Home Loan Guaranty Program ert Goldschmidt, Johnnie Gordon, Dominique two lovely daughters, Brio. and Alaina. I sub- to purchase cooperative housing using their Graham, Lasheeco Graham, Bobbi Grant, mit this poem penned in his honor by Albert low interest loan benefits. This program allows Vicki Gross, Robert Gross, Angela Hailes, Carey Caswell. veterans to buy homes with no down payment John Haneklau, Lori Harrell, Patricia Hart, RICH IN LAUGHTER! and limited closing costs. However, the loan Zahra Hashmi, Joe Hebert, Jean Heger, Jim (By Albert Carey Caswell) benefit for co-op housing sunset at the end of Heller, Shandra Herrod, Kathryn Hildebrandt, 2011. That is why today I am introducing leg- Rich . . . Wanna Hinchee, Sonia Hoehn, Linda Hwong, Rich in laughter! islation, the Fair Access to Co-Ops for Vet- Ken Ikeda, Davine Irving, Kristine Jankovits, Rich in joy! erans Act, which would permanently permit Viola Jaramillo, Diane Jenifer, Ernestine Jen- For these are the things in life which we veterans to use their loan benefits to purchase kins, Marsha Jenkins, James Jolly, Alma need so much more! a co-op. In addition, to ensure that veterans Jones, Rose Marie Junge, Jeannette Kameni, Some so measure wealth all in silver and are aware they can utilize the loans for co-op George Kerr, Lynn Kerr, Stephen Khan, Ro- gold! housing units, the bill includes a provision so berta Knussman, Martha Kobliska, Susan But the greatest measure of ones wealth, is but what is so found in the heart’s we that the Secretary of the Veterans Administra- Koster, Richard Kroh, Mary Langley, Virginia tion can advertise the program to eligible vet- hold! Lawrence, Barbara Leigh, Susan Linden, Juan And all of the hearts along the way, erans, participating lenders, and interested re- Martinez, Thomas Matochik, Deborah Matos that we so touch with our’s of gold! altors. Lowe, Linda Mazzucchi, Rebecca McCary, Make them laugh! By permanently allowing these home loan Brenda McClary, Dewayne McDaniel, Robert And make them smile! benefits to include cooperatives, we can honor McNeary, Murray Minster, Janet Mouw, Bar- Ever so strive to so live your life just like a and thank all who bravely served in our Armed bara Murphy, Lottise Murray, Sylvestine child! Forces by giving them the tools and resources Myers, Dao Nguyen, Gail O’Neal, Frances Like Peter Pan and that crocodile, be happy and never grow up and ever smile! they need to pursue their dreams of home- Oquendo, Bob Orazi, Mark Ortega, Joseph For we will only be here for just a while! ownership wherever they live. I thank Senator Papovich, Damita Payne, Henrietta Phillips, So make each day so count, SCHUMER for introducing companion legislation Claudia Phillips, Joel Phoenix, Vic Poillucci, all in your true amount, and thank my colleague Delegate ELEANOR Malath Rangan, Keleigh Reece, Bev Reusser, and touch as many hearts along the way all HOLMES NORTON for cosponsoring today’s bill. Noreen Reynolds, Harriet Richard, Marley with your style to mount!

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.005 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E974 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 So make a difference with it all, And if Ronald were here today, Mothers Against Drunk Driving (MADD) is and so ever carry with you the heart of a he’d say, ‘‘well there you go again Rich, you the largest nonprofit working to protect families child! are a great American in every way’’! from drunk driving and underage drinking. The only thing Little about this man, Make them laugh! is his great name which rhymes with Kittles Make them smile! MADD volunteers in Prince William County, like that candy man! For we will only be here for just awhile! Virginia have increased public awareness of For he is The King! Rich In Laughter, the dangers of drunk driving and the assist- The King of Impersonator’s In Comedy, don’t you so wish the world could all so be ance families need to persevere through such as this is so said without any hesitation so the while? tragedies. Volunteers in the county organize indeed! f annual programs and initiatives in tribute to And Arnold would say, local victims and survivors. To establish a ‘‘you pump me up . . . Rich you complete THANKING JAMES P. D. FLEET II me’’! safer future for all, MADD volunteers cam- FOR HIS SERVICE TO THE U.S. paign to eliminate drunk driving, host the Some say he’s an Impersonator . . . a fake! HOUSE OF REPRESENTATIVES Yes he is, but he’s the good kind of which is PowerTalk21TM, the national day for parents great! to talk with their kids about alcohol and pro- And he’s served more terms as President you HON. ROBERT A. BRADY vide literature to area residents and drivers. see, OF PENNSYLVANIA These volunteers work tirelessly to prevent than anyone in history! IN THE HOUSE OF REPRESENTATIVES families from experiencing the pain of losing a As a Man for all seasons, for so many wonderful reasons he can claim! Wednesday, June 26, 2013 loved one to drunk driving. He’s so big he needs to have citizenship in Mr. BRADY of Pennsylvania. Mr. Speaker, It is my honor to enter into the CONGRES- two countries, on behalf of the entire House of Representa- SIONAL RECORD the names of the Prince Wil- just to maintain! tives, today I pay tribute to James Fleet, the liam County volunteers for Mothers Against And every President but so remembers his Democratic Staff Director of the Committee on Drunk Driving: Laura Dawson, Debbie name! Sausville. Rich, one of the giants of Hollywood, House Administration. Jamie, as he is known by friends and colleagues, has served in this Mr. Speaker, I ask that my colleagues join and him and Frank did it their way the me in commending the Prince William County same! role since 2009, and his impact has been felt So President Obama, by every Member, staffer, and visitor to the volunteers for Mothers Against Drunk Driving if in the White House there is any drama and House. for their service and in thanking them for their you need help! Jamie has been responsible for coordinating dedication to ending drunk driving. These vol- Call him up, and overseeing the back-office operations of unteers provide education, advocacy, and vic- an he’ll come over in his Honda, and get you the House, including human resources, fi- tim assistance to reduce the painful impact some results! drunk driving has on our community. Born a Canadian, one America’s greatest nance, technology, security and legislative in- friends, stitutions such as the Library of Congress, f as one of America’s greatest import’s for Government Printing Office, Architect of the years he would stand! Capitol and Officers of the House, as well as OUR UNCONSCIONABLE NATIONAL And even better now my friend, the Smithsonian Institution. DEBT we are all so proud to so call him an true Jamie has played a critical role in the Com- AMERICAN! mittee’s oversight of federal elections, includ- And if Elvis was here today he’d say, HON. MIKE COFFMAN ‘‘Thank you, thank you very much . . . ing such pertinent issues as campaign fi- OF COLORADO for all of those GI’s you took home on all nance, voter registration, military and overseas IN THE HOUSE OF REPRESENTATIVES those holidays that you so touched’’ voting, voter identification, and preventing He’s on so many Walks of Fame, voter suppression. His leadership was instru- Wednesday, June 26, 2013 you’d have to walk around and around the mental in the House’s passage of the DIS- Mr. COFFMAN. Mr. Speaker, on January world, CLOSE Act, requiring full disclosure of political 20, 2009, the day President Obama took of- and back again just to so see all of his contributions. fice, the national debt was names! Jamie’s life in politics began at the age of But his greatest love, $10,626,877,048,913.08. his wife Marie who passed away . . . 18, when he waged a successful write-in cam- Today, it is $16,738,602,543,527.17. We’ve and he has founded a foundation all in her paign to serve on the Gettysburg Borough added $6,111,725,494,614.09 to our debt in name for what she gave! Council. He went on to work for Pennsylvania 4.5 years. This is $6 trillion in debt our nation, And one day up in Heaven him and her, Governor Ed Rendell. He formed his own suc- our economy, and our children could have and Jimmy Stewart and Harvey and Ron will cessful campaign consulting firm, providing avoided with a balanced budget amendment. all be together again! guidance for both state and national cam- The Rich and Marie Foundation was so paigns. He also served as a Senior Advisor to f founded, to so help children and the homeless and ani- City of Philadelphia Controller Jonathan THE OCCASION OF THE RETIRE- mals in every way! Saidel. MENT OF CARLA R. HULTBERG But perhaps his greatest love, While Jamie should be proud of all of his is for all our Men and Women of the Armed accomplishments, they pale in comparison to Forces he holds so very high above! the pride for his young daughter Rory. HON. JOHN D. DINGELL As over the years with Bob Hope here, Jamie will be missed throughout the institu- OF MICHIGAN into harms way He and Rich would so ap- tion. It has been a pleasure to work with him IN THE HOUSE OF REPRESENTATIVES pear! for the last seven years. Please join me in Wednesday, June 26, 2013 And in hospital beds, commending his outstanding service and wish- across the country, has so said to them what Mr. DINGELL. Mr. Speaker, today, Wednes- ing him continued success as he takes on must be said! day, June 24, 2013, I, along with my good new challenges in the Senate. Making them smile, friend Congressman ELIJAH E. CUMMINGS, the and so raise their spirits and lift their heads! f Ranking Member of the House Committee on Bringing tears to all of our wounded women and men who deploy! RECOGNIZING THE PRINCE WIL- Oversight and Government Reform, would like And that is why one thing is so, LIAM COUNTY VOLUNTEERS FOR to honor the contributions of Carla R. Hultberg he’s GOT TO BE MR. USO! MOTHERS AGAINST DRUNK on the occasion of her retirement from the And I would give you a long list of all the DRIVING House of Representatives after more than 24 people that he can so impersonate, years of exemplary service to Congress and but you need to be home for Christmas with the nation. your loved ones they can’t wait! HON. GERALD E. CONNOLLY OF VIRGINIA Carla began her career in the House of Rich In Patriotism, Representatives in 1989 as Assistant Clerk for that really so describes him to a T, IN THE HOUSE OF REPRESENTATIVES the Committee on Energy and Commerce, because he’s one fine Yankee Doodle Dandy! Wednesday, June 26, 2013 But the one thing about this man that which helping to implement a demanding legislative you can not so impersonate, Mr. CONNOLLY. Mr. Speaker, I rise today agenda set by then-Chairman JOHN DINGELL. is but his huge heart inside of him which is to recognize the Prince William County volun- In 1995, after receiving recognition for her so very warm and great! teers for Mothers Against Drunk Driving. exceptional work, Carla was asked to begin

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.007 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E975 serving in two roles, conducting the Commit- Through the creation of the Northern Virginia 11. Roll No. 274 On Agreeing to the tee’s exacting clerking responsibilities while Regional Gang Task Force, we were able to Amendment Walorski of Indiana Part B also incorporating new online technologies implement a number of initiatives including tat- Amendment No. 45—‘‘no’’ Vote that had never been used before on Capitol too removal. These initiatives resulted in a sig- 12. Roll No. 275 On Agreeing to the Hill. nificant reduction in gang activity in Fairfax Amendment Courtney of Connecticut Part B In 2007, Carla was promoted to Deputy County. Since being elected to Congress, I Amendment No. 46—‘‘yes’’ Vote Clerk of Technology and Administration and have continued to support efforts to address 13. Roll No. 276 On Agreeing to the supervised a team of staffers managing and gang violence and joined with several of my Amendment Kind of Wisconsin Part B Amend- maintaining the office’s networks and equip- colleagues to provide additional funding to the ment No. 47—‘‘no’’ Vote ment and representing the Committee’s ad- Task Force. 14. Roll No. 277 On Agreeing to the ministrative interests before the full House. It is my honor to enter into the CONGRES- Amendment Carney/Radel of Delaware Part B In 2009, Carla took on perhaps her most SIONAL RECORD the names of the volunteers Amendment No. 48—‘‘no’’ Vote significant challenge when she was promoted for the Make a Change (M.A.C.) Gang Tattoo 15. Roll No. 278 On Agreeing to the to Chief Clerk of the Oversight Committee Removal Program: Amir Bajoghli, MD; Jane Amendment Goodlatte/Scott (GA)/Moran/Polis/ under then-Chairman Edolphus Towns, where Keady, RN; Saeed Marefat, MD; Judy Merring, Meeks/DeGette/Lee of Virginia Part B Amend- she helped build a new majority office from RN; Carol Shapiro, MD. ment No. 99—‘‘yes’’ Vote the ground up and took the lead on all Com- Additionally, I would like to enter into the 16. Roll No. 279 On Agreeing to the mittee operations. CONGRESSIONAL RECORD the names of the fol- Amendment Radel of Florida Part B Amend- For the past three years, Carla has served lowing organizations that have collaborated ment No. 49—‘‘no’’ Vote as Chief Clerk for the minority staff of the with the Make a Change (M.A.C.) Gang Tattoo 17. Roll No. 280 On Agreeing to the Oversight Committee under Ranking Member Removal Program: Prince William Area Gang Amendment Walberg of Michigan Part B ELIJAH E. CUMMINGS, managing all legislative Response Intervention Team, Prince William Amendment No. 50—‘‘yes’’ Vote and investigative records, all clerking respon- County Bar Foundation, Greater Prince Wil- 18. Roll No. 281 On Agreeing to the sibilities, and all administrative and personnel liam Community Health Center, Sentara North- Amendment Pitts/Davis (IL) of Pennsylvania operations. ern Virginia Medical Center, Novant Health Part B Amendment No. 98—‘‘no’’ Vote Prince William Medical Center. Throughout her career, Carla has been an 19. Roll No. 282 On Agreeing to the anchor for Committee operations, and she has Mr. Speaker, I ask that my colleagues join Amendment Fortenberry of Nebraska Part B never sought credit or attention, although it is me in commending and thanking the volun- Amendment No. 100—‘‘no’’ Vote teers for the Make a Change Gang Tattoo Re- most certainly due. 20. Roll No. 283 On Agreeing to the moval Program. These volunteers have Carla is defined by her dedication, work Amendment Huelskamp of Kansas Part B worked diligently to integrate former gang ethic, and selflessness. She is the type of Amendment No. 101—‘‘no’’ Vote staffer that every Member of Congress members who would genuinely like to follow a more productive and fulfilling path in life. 21. Roll No. 284 On Agreeing to the seeks—and desperately wants to keep. Amendment Southerland of Florida Part B Carla has touched the lives of countless f Amendment No. 102—‘‘no’’ Vote Members of Congress who rely on her, con- gressional staffers who look up to her, and PERSONAL EXPLANATION f members of the American public whom she THANKING JAMIE P.D. FLEET, II has served for more than two decades. HON. ALCEE L. HASTINGS FOR HIS SERVICE TO THE U.S. Author Marianne Williamson said: ‘‘Nothing OF FLORIDA HOUSE OF REPRESENTATIVES liberates our greatness like the desire to help, IN THE HOUSE OF REPRESENTATIVES the desire to serve.’’ No one embodies this quote better than Wednesday, June 26, 2013 HON. JUAN VARGAS Carla Hultberg. She has been a true servant Mr. HASTINGS of Florida. Mr. Speaker, had OF CALIFORNIA of the American public, and she will be missed I been present for the following votes on June IN THE HOUSE OF REPRESENTATIVES dearly in the halls of Congress. 20, 2013, I would have voted accordingly: Wednesday, June 26, 2013 1. Roll No. 264 On Agreeing to the Amend- f Mr. VARGAS. Mr. Speaker, on behalf of the ment Brooks of Alabama Part B Amendment U.S. House of Representatives, today I pay RECOGNIZING THE VOLUNTEERS No. 18—‘‘no’’ Vote tribute to Mr. Jamie P.D. Fleet, II, Democratic FOR THE MAKE A CHANGE GANG 2. Roll No. 265 On Agreeing to the Amend- TATTOO REMOVAL PROGRAM Staff Director for the Committee on House Ad- ment Butterfield of North Carolina Part B ministration. In this role, Mr. Fleet is respon- Amendment No. 25—‘‘yes’’ Vote sible for coordinating and overseeing the oper- HON. GERALD E. CONNOLLY 3. Roll No. 266 On Agreeing to the Amend- ations of the House, including human re- OF VIRGINIA ment Marino of Pennsylvania Part B Amend- sources, finance, technology, security, and ment No. 26—‘‘no’’ Vote IN THE HOUSE OF REPRESENTATIVES other areas of operations. His guidance, 4. Roll No. 267 On Agreeing to the Amend- mentorship, and leadership have been invalu- Wednesday, June 26, 2013 ment Schweikert of Arizona Part B Amend- able assets to his staff and colleagues, and to Mr. CONNOLLY. Mr. Speaker, I rise today ment No. 30—‘‘no’’ Vote all Congressional offices. to recognize the volunteers for the Make a 5. Roll No. 268 On Agreeing to the Amend- The Committee provides oversight of the Li- Change Gang Tattoo Removal Program. ment Tierney of Massachusetts Part B brary of Congress, the Smithsonian Institution, The Make a Change (M.A.C.) Gang Tattoo Amendment No. 32—‘‘yes’’ Vote Government Printing Office, and the appointed Removal Program is a collaborative effort by 6. Roll No. 269 On Agreeing to the Amend- House Officers including the Clerk of the the Prince William Area Gang Response Inter- ment Polis of Colorado Part B Amendment House, Sergeant at Arms and Chief Adminis- vention Team, the Prince William County Bar No. 37—‘‘yes’’ Vote trative Officer, Inspector General. Mr. Fleet Foundation, Inc. and the Greater Prince Wil- 7. Roll No. 270 On Agreeing to the Amend- played a central role in the oversight of federal liam Community Health Center. The program ment Garamendi of California Part B Amend- elections, which is one of the most important provides free removal of gang tattoos for ment No. 38—‘‘yes’’ Vote responsibilities of the Committee. During the young adults who would like to leave gang life 8. Roll No. 271 On Agreeing to the Amend- 111th Congress, the Committee, under Mr. and remove all visible remnants of that life ment Marino of Pennsylvania Part B Amend- Fleet’s management, reviewed issues per- through tattoo removal. The names and orga- ment No. 41—‘‘no’’ Vote taining to voter registration, guidelines, military nizations that are mentioned below have pro- 9. Roll No. 272 On Agreeing to the Amend- and overseas voting, use of technology in fa- vided service to the M.A.C. Program, and ment McClintock of California Part B Amend- cilitating expanded voting, robocalls and other helped members of the community who seek ment No. 43—‘‘no’’ Vote campaign outreach tools. a new start at a life free from gang affiliation. 10. Roll No. 273 On Agreeing to the Mr. Fleet’s introduction into the political As former Chairman of the Fairfax County Amendment Gibson/Meeks/Sean Maloney of arena was at the age of 18, when he waged Board of Supervisors, I was proud to lead ef- New York Part B Amendment No. 44—‘‘yes’’ a successful write-in campaign and was elect- forts to reduce gang involvement and violence. Vote ed to the Gettysburg Borough Council. He

VerDate Mar 15 2010 06:12 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.010 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E976 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 spent several years as a Special Assistant to health care costs, and leave American farmers project would not have succeeded, impacting Pennsylvania Governor Ed Rendell. Eventually penniless. the mission and also the service members of he formed his own political consulting firm Supporters of this amendment complain the United States military. For the last five leading successful campaigns across the about high prices for sugar. Yet restaurants years, Mr. Costa was able to work with var- country. Mr. Fleet also served as a Senior Ad- give sugar away and that one can buy a five- ious groups, protestors, students and local visor to City of Philadelphia Controller Jona- pound bag of sugar for almost nothing. This government officials ensuring the successful than Saidel. amendment will do nothing to create a free construction of the expansion ultimately pro- His unique mix of local, state, national polit- market for sugar and will only subject the U.S. viding housing for the Sky Soldiers of the ical experience gives him exceptional insight to distorted world sugar markets that will cost 173rd Airborne Brigade Combat Team. Mr. into the U.S. electoral system. farmers their livelihoods and American jobs. Costa understood the importance of this ex- Please join me in commending the out- f pansion to the U.S.-Italian long-term strategy. standing service of Mr. Jamie P.D. Fleet, II, to Despite the significant challenges, Mr. Costa the Congress of the United States and con- IN HONOR OF ROYAL SPRING stood firm in his vision and unwavering in his gratulating him on his new position as Chief of MIDDLE SCHOOL commitment to the U.S.-Italy alliance by bring- Staff to Senator CANTWELL of Washington. We ing the Del Din project to reality. wish you well in all your future endeavors. HON. ANDY BARR The Honorable Paola Costa’s contributions f OF KENTUCKY are indispensable to the success of our Infan- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE VOLUNTEERS try, our Army and our Nation. I am extremely FOR PRINCE WILLIAM COUNTY Wednesday, June 26, 2013 honored to recognize the Honorable Paola NEIGHBORHOOD SERVICES Costa and his tremendous accomplishments Mr. BARR. Mr. Speaker, I rise today to and commitment to the U.S.-Italy alliance. honor the Royal Spring Middle School in Georgetown, Kentucky, and to congratulate HON. GERALD E. CONNOLLY f OF VIRGINIA them on being named one of the top per- IN THE HOUSE OF REPRESENTATIVES forming middle grades schools in the country. HONORING LILLIAN EDWARDS Royal Springs Middle School will be recog- Wednesday, June 26, 2013 nized with 119 other high-performing schools Mr. CONNOLLY. Mr. Speaker, I rise today from across the nation as a School to Watch HON. to recognize the volunteers for Prince William by the National Forum to Accelerate Middle- OF TEXAS County Neighborhood Services. Grades Reform at their annual conference IN THE HOUSE OF REPRESENTATIVES The dedicated volunteers for Prince William June 27–30, 2013 in Arlington, Virginia. County Neighborhood Services are an essen- Through the Schools to Watch initiative, the Wednesday, June 26, 2013 tial part of the Neighborhood Services Divi- National Forum identifies schools across the sion. They support a tireless effort to preserve United States that are well on their way to Mr. FLORES. Mr. Speaker, today I would and enhance our neighborhoods by facilitating meeting the Forum’s criteria for high perform- like to honor Lillian Edwards, one of our na- resident input and involvement. This strategic ance—schools that challenge all students aca- tion’s selfless veterans, who will be turning partnership promotes civic responsibility, demically, are sensitive to the unique develop- 100 on July 18th. In addition to serving our neighborhood collaboration and government mental challenges of early adolescence, and country during World War II, she spent a life- responsiveness. provide every student with high-quality teach- time as an educator and serving her commu- nity. It is my honor to enter into the CONGRES- ers, resources, and support. SIONAL RECORD the names of the volunteers Mr. Speaker, I ask that my colleagues join Lillian is a native of Marion, Louisiana, and for Prince William County Neighborhood Serv- me in commending the Royal Spring Middle at the age of 15 completed high school. She ices: Jason Byrd; Stephanie Donahue; Jim School for its commitment to its students and then went on to work on numerous advanced Hollis; Nikki Hunt; Carl Hunt; Karen Lyle; Amy in congratulating the school on this well-de- degrees. She graduated from Louisiana Tech McGowan; Eileen Settlemyer. served recognition. I would like to extend my University in 1933 with a Bachelor of Science Mr. Speaker, I ask that my colleagues join personal appreciation to the Royal Spring Mid- degree in Science and a teaching certificate. me in commending the volunteers for Prince dle School for not only improving the lives of In 1940, she received her Master of Science William County Neighborhood Services for its students, but also bettering our Common- in Physical Education from Louisiana State their service and in thanking them for their wealth. University, and in 1950 she achieved a Master dedication to neighborhood beautification in f of Public Health from the University of North our community. Carolina. RECOGNITION OF THE HONORABLE f As a teacher, Lillian taught at Farmerville PAOLO COSTA High School and Mansfield High School in PERSONAL EXPLANATION Louisiana. HON. LORETTA SANCHEZ In 1942, Lillian entered the Women Accept- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. OF CALIFORNIA ed for Volunteer Emergency Service (WAVES) OF GEORGIA IN THE HOUSE OF REPRESENTATIVES in the U.S. Navy. She then served our nation IN THE HOUSE OF REPRESENTATIVES Wednesday, June 26, 2013 for two and a half years as a Naval commu- Wednesday, June 26, 2013 nications officer. For her service she earned a Ms. LORETTA SANCHEZ of California. Mr. World War II Victory Ribbon and American Mr. JOHNSON of Georgia. Mr. Speaker, on Speaker, I rise to recognize the Honorable Theater Ribbon Work Experience Thursday June 20, 2013, during a rapid suc- Paolo Costa, the Special Government Com- cession of two-minute votes, I mistakenly missioner for the enlargement of the United A year after returning from service, Lillian voted ‘aye’ for rollcall No. 281. States military installation at Del Din in joined the Louisiana Public Health Department This amendment seeks to dismantle the Vicenza, Italy. Honorable Costa was appointed and was the first woman in the U.S. to receive U.S. sugar program, which has operated suc- by the President of Italy as a Special Commis- her job training before she received her Mas- cessfully for decades at no cost to taxpayers, sioner and was responsible for overseeing the ter in Public Health. In 1956, she moved to and provides a stable supply of sugar for Del Din project. The Del Din project resulted Monroe and became the regional health edu- Americans at affordable prices. Doing away from a major U.S. Army restructuring plan that cator, serving 28 North Louisiana parishes. with the U.S. sugar program would cost thou- called for the relocation of two additional bat- Lillian has served on a number of commit- sands of jobs, destabilize the U.S. sugar sup- talions from Germany to Italy by 2013. This tees and boards, including the Louisiana Pub- ply, and would not result in a discernible expansion would increase troop levels from lic Health Association, the American Public change in the price of sugar for Americans. 2,400 to 4,200 soldiers in Italy. Unfortunately, Health Association, the Louisiana Conference The price of sugar continues to drop, and is this expansion was met with strong resistance of Social Workers, the Louisiana Mental currently at its lowest level in a decades. Pas- from local leaders as well as the Italian popu- Health Association, and the Ouachita Council sage of this amendment does nothing to de- lation. for the Aging. crease the price of sugar, and will only assist Without the hard work and persistence of In anticipation for her 100th birthday, I pay companies to offshore jobs, cut labor and the Honorable Paola Costa, the Del Din tribute to Lillian Edwards for her service to her

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.012 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E977 community and to our nation during World Juvenile Detention Center volunteers for their moval, recycling education, and water quality War II. She is truly one of America’s Greatest service and in thanking them for their dedica- initiatives. The six programs include: Volunteer Generation. tion to this valuable mentorship program. Storm Drain Initiative, Adopt-A-Spot Program, f f Volunteer Speakers Bureau, Fall and Spring Cleanup, Litter Survey, and Community Clean- RECOGNIZING THE VOLUNTEERS IN RECOGNITION OF ST. JOSEPH’S up. FOR THE PRINCE WILLIAM CENTER OF SCRANTON, PA FOR It is my honor to enter into the CONGRES- COUNTY JUVENILE DETENTION 125 YEARS OF OUTSTANDING SIONAL RECORD the names of the volunteers CENTER SERVICE TO THE COMMUNITY for Keep Prince William Beautiful: Kelly Adam, Tim Adam, Matt Anderson, Ar- HON. GERALD E. CONNOLLY HON. MATT CARTWRIGHT nold Appanah, Allyson Avery, Nyjah Bell, OF VIRGINIA OF PENNSYLVANIA Jasmin Blocker, Ebony Blount, Tamea Boone, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Gwen Bourke, Taylor Branch, Jeanine Britt, Wednesday, June 26, 2013 Susan Brooks, David Brown, Gillette Brown, Wednesday, June 26, 2013 Deborah Campbell, David Carr, Ralph Mr. CONNOLLY. Mr. Speaker, I rise today Mr. CARTWRIGHT. Mr. Speaker, I rise Cataneo, Liviu Catuneanu Cica, David to recognize the volunteers for the Prince Wil- today to honor one of Scranton’s oldest, most Centeno, Chrissy Christiansen, Mark Clark, liam County Juvenile Detention Center. Barbara Conrad, Austin Cooper, Ed Cronin, The Juvenile Detention Center (JDC) volun- respected community service institutions: St. Raiven Crosby, Sharon Delap, Francis Diaz, teers assist with the efficient operation of the Joseph’s Center. On July 1, St. Joseph’s will Kevin Dupree, Kelly Easterly, Morgan Eas- Juvenile Detention Centers After-school pro- celebrate its 125th anniversary. Since 1888, terly, Tyler Easterly, Scott Ebol, Marc gram. They treat the youth with respect, dig- St. Joseph’s Center has provided much-need- Engelking, Marge Fatula, Steve Glasser, Linda nity and worth, becoming role models for ed services in northeastern Pennsylvania. Gosnell, Jorn Hansen, Ron Haynes, Jeannie youth who wish to change their lives. The vol- From the very beginning, the women of St. Hefin, Michael Hicks, Sara Hodja, Jeanne unteers promote healthy social, educational, Joseph’s organized to help the most vulner- Howard, Ed Howell, Patsy Humphrey, Pauline emotional, and physical development. able Pennsylvanians—abandoned orphans It is my honor to enter into the CONGRES- with nowhere else to turn. There was such a Hunter, Pierre Jackson, Aliyah Jameer, Jay SIONAL RECORD the names of the volunteers demand for their assistance that St. Joseph’s Leach, Tonie Jones, Peter Lineberry, Becky for the Prince William County Juvenile Deten- outgrew three buildings before 1900. From Logan Fay, Nina Lomax, Damaris Lopez, Kyle tion Center: sheltering homeless infants, St. Joseph’s Love, Joanne Luce, Zara Mahmood, Allen Jean Andreas, Cherry Andrews, Antonio quickly expanded to assist unwed mothers Matthys, Helen Matwiejuk, Mitchell Arnold, Ante, Mileydi Ante, Alex Arevalo, Edith Ayala, and provide child placement services. Alexis Morgan, Seth Morgan, Steve Morgan, Tina Barnett, Luffon Berry, Viola Berry, Pat After World War II, St. Joseph’s refocused Bill Moser, Connie Moser, Delain Moyers, Black, Shannon Boozer, Barbara Borthwick, on another area of pressing, unmet need in John Nagel, Barbara Nuckols, Victoria Patrick Bowens, Tricia Bowling-Bryant, Carol the community. The center was quickly trans- Okocha, Amanda Pataluna, Yariel Perez, Jo- Browser, Isabella Buckley, Daniel Card, An- formed from an orphanage into a center for seph Pettiford, Jeffrey Poisson, Rebecca thony Cardwell, Louis Chevalier, Triane Choir children diagnosed with intellectual disabilities. Purdy, Gerri Ratchye, Sofia Riaz, Cindy Ministry, Iris Clowers, Randy Cooper, Frank Today, the center runs thirteen community Riggle, Rebecca Rinke, Sara Rinke, Soo Corish, Avonne Critch, David Curry, Joel homes where individuals with even the most Rinke, Hilary Rokwa, Imani Sandres, Josue Danelli, Cheryl Devallon, Faith Dickerson, Ar- serious disabilities can live well, treated with Santoya, Kim Sawicki, Albert Sedeno, Same thur Dietrich, Josephine Diggs, Moises dignity and respect. Shanker, Tom Smith, William Smith, Dana Duncanape, Danell Escalera, Karen Evans, St. Joseph’s also worked actively to support Taylor, Rachel Teufert, Steffen Thomas, Pete Ferman, Ellen Field, Cindy Fleming, families caring for children with intellectual dis- Kenvin Thorne, Connor Trexel, Dan Trexel, Doug Freeman, Phillip Freeman, Wilber Gieb, abilities at home. They provide community- Jasmine Turner, Alexandra Wakely, Colin Keith Gil-Ortega, Vickey Givens, CeCe Gra- based assistance to hundreds of families Walthall, Pat White, Bennett Whitlock, Larry ham, Tabitha Greco, Linda Guion, Shontay every year. In 2003, the opening of the Wilbanks, Sharon Witt, Kimberly Wood, Eric Hammon, Rodney Harlee, Ruth Harris, Sherri Blakely Street Campus for Adult Day Services VanNortwick, Marie Vayer, Megan Vidas, Zoe Hellwig, Christine Hines, Corey Hobbs, Pat allowed St. Joseph’s to offer year-round serv- Vitter. Holeman, Greg Holiday, Cinclair Holt, Steph- ices for young people with intellectual disabil- Additionally, it is my honor to enter into the anie Howard, Merle Howard, Jackie Jackson, ities who are not in one of the Center’s resi- CONGRESSIONAL RECORD the names of the fol- Josefa James-Bond, Breanna Jarquin, Frank dential programs. lowing organizations and civic associations Jones, Minka Lanier, Kimberly Larson, Sandy Today, St. Joseph’s still provides shelter that have collaborated with Keep Prince Wil- Lawrie, William Lewis, Dudley Ligon, Tracey and support for pregnant women. They offer liam Beautiful: KPWB Adopt-a-Spot, KPWB Volunteer Lindsay, Vickey Logan, Ardine Marie, Eliza- not just counseling and adoption services but Groups, Affordable Lawn Care, ASK DR. beth McCoy, John McKie, Robert Melvin, Dan life-skills training, a mother/infant residence RUTH CONSULTANTS, Belmont Bay Com- MenMuir, Greg Morris, Daniel Natal, Sheila and, most importantly, a steadfast commitment munity, Bethel United Methodist Church, Parocia, Sammy Perez, Betty Poling, Keith to the values that have guided them since Blooms Mill HOA, Cardinal Glen HOA, Christ Pollard, Carlos Recono, Stephanie Robbins, their founding 125 years ago. The Center’s Chapel Academy, Cokesbury United Methodist Cindy Rodriguez, Kathy Ruehle, Joy Russom, service to the community has truly been out- Church, Covenant Presbyterian Church, Brandis Sanchez, Cathy Sanders, Cathy standing, and we look forward to the next 125 Crossroads Presbyterian Church, Cub Scout Schaffer, Angel Serrano, Natasha Severe, years. Pack 1196, Cub Scout Pack 1355, Cub Scout Rick Sibbett, George Simpson, Lori Sims, Vic- f Pack 1364, Cub Scout Pack 1369, Cub Scout toria Soberanis, Martin Steinberg, Sherry RECOGNIZING THE VOLUNTEERS Pack 1831, Cub Scout Pack 30–Tyler Elemen- Stone, James Strickland, Brenda Todd, FOR KEEP PRINCE WILLIAM tary School, Dale City Civic Association, Dale Doyoberto Trejo-Guzman, Paul Villavicencio, BEAUTIFUL City–PWC Top Ladies of Distinction, Inc. & Diane Walden, Sandra Watjen, Jan Weng, Top Teens of America, First United Pres- Tracey Wilkins-Clark, Carol Wilson, Michael byterian Church of Dale City, Didlake, Inc., Wilson, Bobbi Wright, Rennie Wright. HON. GERALD E. CONNOLLY Additionally, I would like to enter into the OF VIRGINIA Dunbar Neighborhood Watch, Ghana Wesley Church, Glendale Community Group, Jack- CONGRESSIONAL RECORD the names of the fol- IN THE HOUSE OF REPRESENTATIVES son’s Ridge Community, Gods Ladies of Sig- lowing groups and organizations that have col- Wednesday, June 26, 2013 laborated with the Prince William County Juve- nificant Service (G.L.O.S.S.), Good Shepard nile Detention Center Volunteers: Mr. CONNOLLY. Mr. Speaker, I rise today United Methodist Church, Huffman Family, Ebenezer’s Men’s Choir, to recognize the volunteers for Keep Prince Jack & Jill Foundation, Jackson’s Ridge Com- St. Mark’s Quilters, William Beautiful (KPWB). munity, Jr. Girl Scout Troop 4980, Lakewood Virginia Challenge Program, KPWB’s objective is to protect the environ- Manor HOA, Lindendale Community Group, Quail Springs Student Choir, ment. Through the implementation of six pro- Little Baptist Church, Marine Recruiter Sub- Mr. Speaker, I ask that my colleagues join grams, the organization focuses on three station Woodbridge, New Balance Potomac me in commending the Prince William County areas of environmental stewardship: litter re- Mills Mall, Nottingdale Neighbors, PNC Bank

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.016 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E978 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 at Potomac Town Center, PWC Youth Ambas- congratulating Rich on his retirement and long RELIGIOUS MINORITIES IN SYRIA: sadors, Prince William Resolves Chapter, career as a committed advocate on behalf of CAUGHT IN THE MIDDLE Quantico Marine Base, Daughters of the our nation’s workers, especially our machin- American Revolution, Princedale/Ridgedale ists. It is with gratitude for these efforts that I HON. CHRISTOPHER H. SMITH Community Pride, PurdyRandom Sisters, join with Rich’s family, friends, and colleagues OF NEW JERSEY Rippon Landing Master Association, River in extending my well wishes for a much de- IN THE HOUSE OF REPRESENTATIVES Oaks Community Association, Ron Haynes, served retirement and happy and fulfilling fu- Wednesday, June 26, 2013 Keller Williams Realty, Saint Paul United ture ahead. Methodist Church, Second Heritage MEWS Mr. SMITH of New Jersey. Mr. Speaker, yesterday, I chaired a joint hearing of the Sub- Community Association, Steve Glasser, Thies f Family, Top Ladies of Distinction (TLOD), committee on Africa, Global Health, Global Troop 1297, Twin Oaks Farm, Venture Crew IN HONOR OF SALLY MURPHY Human Rights, and International Organizations 35, Victory Christian Preschool and Academy, and the Subcommittee on the Middle East and Whitlock Wealth Management, Winston Fam- North Africa. We turned our attention to an overlooked aspect of the crisis in Syria—the ily, Woodbridge Potomac Communities Civic HON. SAM FARR religious minorities caught in the middle of the Association, Woodbridge Women’s Club, OF CALIFORNIA conflict and apparently targeted by govern- Zuniga Family. ment forces as well as rebel groups. Mr. Speaker, I ask that my colleagues join IN THE HOUSE OF REPRESENTATIVES More than 93,000 Syrians have been killed me in commending the volunteers of Keep Wednesday, June 26, 2013 in this horrendous and seemingly endless civil Prince William Beautiful and in thanking them war. More than 4.25 million people are dis- for their dedication to environmental steward- Mr. FARR. Mr. Speaker, I rise today along placed within Syria, with millions more fleeing ship and community beautification. with my colleagues Representatives CALVERT, to safety in the surrounding countries of Jor- f CAPPS, COSTA, HUNTER, MATSUI, MCNERNEY, dan, Turkey, Lebanon, and Iraq. It is dis- HONORING RICHARD MICHALSKI ROYCE, THOMPSON and WALDEN to honor Sara turbing to note that one in five of the refugees ON HIS DISTINGUISHED CAREER Hope Murphy or ‘‘Sally’’ to her friends, who re- is Christian although Christians in Syria make– cently retired from Wine Institute, where she up one in ten of the pre-war population of 22 was the chief public policy advocate for the million people. This would seem to indicate HON. ED PASTOR California wine industry. that Christians are even more fearful for their OF ARIZONA Sally is one of the bravest people we know. lives and safety than other segments of the IN THE HOUSE OF REPRESENTATIVES Her retirement was the result of a diagnosis Syrian population. Wednesday, June 26, 2013 for ALS, or Lou Gehrig’s disease. It all started Before the war, Syria was a fairly pluralistic Mr. PASTOR of Arizona. Mr. Speaker, I rise because she was having troubling speaking. society, with Alawites, Shias, Ismailis, Yezidis, today to recognize Rich Michalski and his long Unfortunately now, the disease has left her Druze, Christians, Jews, and Sunnis living in and well-respected career with the Inter- unable to speak at all. But in true Sally fash- relative peace, side by side. The situation was national Association of Machinists & Aero- ion, she has not allowed that to silence her. far from perfect, as President Bashar al space Workers (IAMAW.) Throughout Rich’s Many of you received her letter announcing Assad’s regime had a vast security apparatus career with IAMAW, he has dedicated over her leaving, which was characteristic of Sally. in place with members inside each of the reli- forty-five years to the machinists, a life-long It was right up front and center, and very gious communities to monitor their activities. The Assad government was guilty of serious relationship that began when he joined the frank. human rights violations, including the sum- union himself in 1968 and will culminate with Sally has a long association with the United mary imprisonment and execution of political his retirement as the General Vice President, States Congress. She first came to Capitol Hill opponents. But relations between the various a position he has held for the past seven to work for Congressman Lou Frey of Florida. religious groups were generally not violent. years. She then spent 10 years on the staff of THAD That civil co-existence has ended with the I was first formally introduced to Rich in COCHRAN in both the House and the Senate. war. In February of this year, the UN Inde- 1992 by Congressman Jerry Kleczka, who has She worked for Congressman Henson Moore pendent International Commission of Inquiry always spoken highly of him and since this and then left the Hill to work for Pacific Telesis on the Syrian Arab Republic reported that, time, I too have grown to greatly respect and Group and Sprint. ‘‘The conflict has become increasingly sec- admire Rich and his steadfast commitment to However, the crowning glory of her career tarian, with the conduct of the parties becom- IAMAW. Rich was first initiated into IAM Local ing significantly more radicalized and milita- Lodge 1916 at General Electric in Milwaukee, was going to work for Wine Institute. Her Members, the winery owners, are so pleasant rized.’’ Wisconsin in 1968. He worked as a welder, This followed on an earlier Commission re- steward, chairman of the bargaining com- and she was impressed with how they—many of whose families had been in the business for port stating that, ‘‘Entire communities are at mittee, and president. From his initial begin- risk of being forced out of the country or of nings with the union, Rich was always in- four or five generations—so love what they plant, nurture, and produce. being killed inside the country. With commu- volved with IAMAW’s political and legislative nities believing—not without cause—that they priorities. For twelve years he was the Demo- The people she worked with at Wine Insti- face an existential threat. . . .’’ cratic committeeman for his precinct and was tute are some her closest friends: Bobby We know that early in the civil war, Assad elected a delegate to the 1980 and 1984 Koch, its president, Vikki Watkins, Susan came to view the Christian minority with sus- Democratic National Conventions. As IAM’s Gregory, and Sheila Credle of the Washington picion, accusing churches of laundering Director of Legislative and Political Action De- office. She loves her former colleagues in the money and goods for opposition forces and partment, he partnered with AFL–CIO and its home office in San Francisco and those in forbidding banks from transactions for certain affiliates, and Members of Congress to pro- Sacramento and in the states as well; all of churches. mote legislative issues affecting our American them made every day a joy for Sally to go to There is also evidence that the Assad re- laborers and their families. Thanks to Rich’s work. gime encouraged sectarian tensions in order most recent efforts as the General Vice Presi- Currently there is no cure for ALS, but Sally to maintain power—perhaps believing that if dent he has overseen and managed the IAM decided early on not to be defeated. Despite the people were afraid of Islamists comman- headquarters, and he has significantly contrib- the daily struggles, she has refused to give up deering a nominally secular state, the people uted to actions countering the anti-union and in her fight. She finds strength in her husband would be more likely to support Assad over anti-labor agenda. Billy, who has been a stalwart help to her. the opposition. Throughout my years of knowing Rich, I In December 2012, Time Magazine reported have truly valued the supportive friendship and To us, Sally was the perfect embodiment of allegations that the Assad regime was paying long professional association that I have the wines she represented. Her presence individuals to pose as opposition supporters shared with him. On many occasions, I have brings life to any gathering of friends and fills and chant slogans at protests including ‘‘The relied on his intelligence and political acumen, every conversation with laughter. Christians to Beirut, the Alawites to the and he has proven to be a trusted voice who Mr. Speaker, it is truly an honor to rise and grave.’’ has taught me a great deal over the course of celebrate the accomplishments of Sally Mur- Our own government has voiced concern our friendship. Mr. Speaker, please join me in phy and to offer her our prayers and support. about the particular threat posed to Christians

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JN8.016 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E979 in Syria. According to the State Department’s ligious minorities. Too often, we have heard lamic militants in Somalia, as well as its co- International Religious Freedom Report for from this Administration that they have bigger operation in other counter-terrorism and 2012, ‘‘The regime continued to frame opposi- issues to deal with than the vulnerability of re- peacekeeping efforts, the administration has tion actions as targeting the Christian popu- ligious minorities. been reluctant to seriously hold the Ethiopian lation. At the same time, it increased its own In the last two appropriations cycles, we government to account for persistent, egre- targeting of Christian and Alawi anti-regime have directed the Administration to condition gious human rights violations, including the in- activists in order to eliminate minority-voices aid to Egypt ($1.3 billion dollars) on certifi- ability of the opposition political parties to that might counter its narrative of ’Sunni-Spon- cation that Egypt is acting to protect the reli- function, restrictions on civil society organiza- sored violence’.’’ gious freedom of its minorities. The Adminis- tions and journalists that prevent them from Religious minorities seem to fear the oppo- tration (both Secretaries Clinton and Kerry) re- operating freely and forced removals of citi- sition forces. Some prominent opposition fused to do so. Perhaps not surprisingly, the zens from their lands. groups (such as the Muslim Brotherhood) government of Egypt continues to allow at- According to the USAID’s Assistant Admin- have a religious basis which has been seen tacks on Coptic Christians with impunity. istrator for Africa Earl Gast, ‘‘USAID believes as threatening to Syria’s Alawite and Christian Money talks. The United States should be that open channels of communication with the minorities. using assistance to ensure recipient countries Ethiopian government create opportunities to Smaller opposition factions, such as the al- and entities have a plan that is implemented influence democracy, rights, and governance Qaeda-affiliated jihadist al-Nusra Front, take to protect vulnerable religious minorities. This issues.’’ However, Amnesty International testi- explicitly sectarian positions. There are reports is all the more critical in situations like Syria, fied last week that ‘‘[s]ince 2005 the human of incidents in which rebel forces engaged in where we are providing lethal aid in what has rights situation in the country has deteriorated sectarian violence, such as burning Shi’ite become sectarian tinderbox. still further, with significantly increased restric- mosques. f tions placed on freedom of expression, asso- Christians are perceived by many in the op- ciation and other rights. Sadly the Ethiopian position to be Assad loyalists, possibly due to RECOGNIZING DR. MITCHELL T. authorities have not acted in a vacuum during Assad’s aggressive recruitment of Christians MUNSON this period. The United States and others in into the regime militias at the start of the civil the international community have failed to war. Other reports indicate that the Christians HON. MIKE COFFMAN raise concerns over the government’s system- attempted to remain neutral either out of paci- OF COLORADO atic violation of human rights and flouting of its fism or concern about their rights under oppo- IN THE HOUSE OF REPRESENTATIVES international obligations. The failure to speak sition forces. out and press for change has emboldened the Christian neutrality was perceived by some Wednesday, June 26, 2013 government and also allowed Ethiopia to set a opposition groups as loyalty to the regime. In Mr. COFFMAN. Mr. Speaker, I rise today to dangerous example for other governments in December 2012, a rebel force believed to be recognize a constituent of mine, Dr. Mitchell T. the region to emulate. It is critical that the associated with the Muslim Brotherhood re- Munson, of Highlands Ranch, Colorado. Dr. United States and other members of the inter- leased a Youtube video entitled, ‘‘Warning Munson will soon be elected president of the national community press the Ethiopian au- mainly Christian cities in the province of American Optometric Association (AOA) dur- thorities to address human rights concerns Hama’’, and promising attacks if they continue ing their 116th annual meeting, where he will and repeal and reform key legislation and poli- to support and house the pro-Assad forces. be installed as the association’s 91st president cies.’’ Christian leaders have been targeted, such on Saturday, June 29, 2013, in San Diego, Amnesty International also noted in its testi- as the April 2013 kidnapping of Mor Gregiorius California. mony today that ‘‘[f]or Ethiopians held in de- Yohanna Ibrahim of the Syriac Orthodox Dr. Munson is a graduate of the Southern tention, conditions continue to be extremely Church and Bishop Boulos Yazigi of the Greek California College of Optometry and has a pri- harsh. Torture is regularly reported to take Orthodox Church–both men still have not been vate practice in Highlands Ranch, Colorado. place during interrogation in the initial stages returned. He has been a leader in his profession at the of detention, often before the detainees have The Druze community reports being tar- local, state, and national levels. The Colorado access to their families or to legal representa- geted as well. In March 2013, a Druze leader Optometric Association (COA) named him tives. Prisoners have been slapped, sus- reported to Christian Solidarity International, Young Optometrist of the Year in 1993 and he pended from the walls and ceiling by their ‘‘Our people get stopped at checkpoints and became president of the COA in 1995. Dr. wrists, beaten with various objects, denied are asked which sect they belong to. Once the Munson is a past president of the Southwest sleep, electrocuted, and had weights sus- militias hear that they are from Swaida [a Council of Optometry and a Fellow in the pended from their genitalia. Solitary confine- province where 90% of the population is American Academy of Optometry. ment for extended periods is often reported. Druze], our men disappear.’’ Dr. Munson has built a renowned record of Within prison facilities, sanitation was often re- The al-Nursa Front, a U.S. designated for- service and leadership in his profession and I ported to be poor. Amnesty International has eign terrorist organization, has been blamed am confident that he will have a very success- received reports of medical resources being for much of the sectarian rhetoric and vio- ful term as president of the AOA. The sixth withheld, and reports of deaths in custody. lence, but dozens of the opposition groups as- District of Colorado is proud to have Dr. Mun- Food and water is often in short supply, and cribe to Islamist or Salafist–jihadist ideologies son as a constituent and I join his family, is supplemented by visiting family members and mingle with the Free Syrian Army—which friends, and colleagues in congratulating him where access is permitted.’’ the U.S. may now be supporting. on this achievement and wishing him the very Ethiopia is Africa’s second most populous Over the last three years, the United States best of luck. country, after Nigeria, and the United States has committed to providing $250 million to f considers its government to be an important various opposition groups in Syria—at least development and regional security partner. $117 million of which has already been fund- ETHIOPIA AFTER MELES: THE FU- Ethiopia plays a key leadership role in the re- ed, largely to the National Coalition of Syrian TURE OF DEMOCRACY AND gion, hosts the African Union (AU) head- Revolution and Opposition Forces. With the HUMAN RIGHTS quarters, and is a major troop contributor to chemical weapon red line crossed, the Admin- U.N. peacekeeping operations. istration has also agreed to provide ammuni- HON. CHRISTOPHER H. SMITH According to the State Department, the tion and small arms. OF NEW JERSEY three pillars of the bilateral relationship with It is not clear whether any of this new lethal IN THE HOUSE OF REPRESENTATIVES Ethiopia are economic growth and develop- assistance will go to the Free Syrian Army and ment; democracy, governance, and human Wednesday, June 26, 2013 its worrisome opposition groups. rights; and regional peace and security. Dep- The Administration has also committed to Mr. SMITH of New Jersey. Mr. Speaker, last uty Assistant Secretary of State for Democ- send an additional $300 million in humani- week, the Subcommittee on Africa, Global racy, Human Rights, and Labor Karen tarian aid to ‘‘vulnerable groups’’ in and sur- Health, Global Human Rights, and Inter- Hanrahan stated in an October 2012 speech rounding Syria. It is not clear whether distribu- national Organizations, which I chair, held a that ‘‘advancing democracy and human rights tion of this aid will be informed by the plight hearing that examined the human rights and is one of our highest priorities in our engage- of religious minorities. governance situation in Ethiopia, and the sta- ment with Ethiopia.’’ Nevertheless, it has been I am very concerned that the Administration tus of U.S. relations with Ethiopia. Given Ethi- difficult to get cooperation from the current may not be taking seriously the targeting of re- opia’s important cooperation in opposing Is- and previous administrations in confronting the

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JN8.019 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E980 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 Government of Ethiopia on its shortcomings in cial violence and mass arrests, but the gov- RECOGNIZING THE VOLUNTEERS observing democratic principles and human ernment of current Prime Minister Hailemariam FOR PROJECT MEND-A-HOUSE rights in that country. Desalegn did not react in that way. This is an In June 2005, following a contentious elec- encouraging sign that the current Ethiopian HON. GERALD E. CONNOLLY tion in which then-Prime Minister Meles government may consider changing its course OF VIRGINIA Zenawi and his party seemed to suffer unex- and allowing its citizens to effectively express IN THE HOUSE OF REPRESENTATIVES pected losses in the legislature, demonstra- themselves—including at the ballot box. tors, led by college students, took to the Our witnesses last week included the former Wednesday, June 26, 2013 streets to protest a delayed release of election U.S. ambassador to Ethiopia, the U.S. official Mr. CONNOLLY. Mr. Speaker, I rise today results. The government’s reaction was to de- in charge of our significant aid portfolio to Ethi- to recognize the volunteers for Project Mend- ploy snipers who shot and killed protesters opia, the former elected mayor of Addis A-House. and to jail hundreds of others. An increasingly Ababa, a member of the first U.S. delegation A joint effort between private citizens and violent response to protests took place in No- to meet with the current government and a the Prince William County government, Project vember of that year. The death toll resulting longtime Ethiopian activist on human rights Mend-A-House was created in 1984. At the from both protests was 193, but the numbers issues. time, Lily Blackwell was a volunteer delivering arrested has never been confirmed. f meals to seniors who were confined to their In the summer of 2005, I travelled to Ethi- RECOGNIZING CLARINETIST homes due to disabilities. Her call to action opia to assess the situation and met with ARIANNA BEYER, WINNER OF began with the observation that a number of Prime Minister Meles, members of his govern- THE 2013 UNITED STATES NAVY seniors along her delivery route could no ment, political opposition leaders, including BAND HIGH SCHOOL CONCERTO longer perform necessary home repairs. Basic one of our witnesses today—Berhanu Nega— COMPETITION home repair and some structural improve- civil society representatives, the religious com- ments were needed to ensure that these dis- munity and the diplomatic community. What I abled seniors remained safe and independent. found was a government leader who was arro- HON. DANIEL WEBSTER Ms. Blackwell partnered with Toni Clemons- OF FLORIDA gant in his certainty that he could arrest his Porter and Lin Wagener of the Prince William IN THE HOUSE OF REPRESENTATIVES political opposition whenever he wanted. I also Area Agency on Aging to create the founda- found a political opposition convinced that they Wednesday, June 26, 2013 tion of an organization that has now provided had won a majority in the legislative elections Mr. WEBSTER of Florida. Mr. Speaker, it is humanitarian assistance for a quarter of a that year. my pleasure to congratulate clarinetist Arianna century. Unfortunately, the government’s view won Beyer on competing in and winning the 2013 Project Mend-A-House completes home re- the day. Mr. Nega and other political leaders United States Navy Band High School Con- pairs and safety modifications to facilitate and human rights officials were arrested and certo Competition. This annual competition independent living for seniors, the disabled held in jail for more than a year on charges identifies the best high school musical talent in and low-income residents. Over the years, that had to continually be changed due to the the nation and allows the finalists to travel to projects have ranged from fixing termite dam- repeated failure to convict them. Some of Washington, D.C. to compete for a chance to age in an older home to making entire houses them who managed to be released from jail, perform a prepared solo piece with the world– more accessible with wheelchair ramps, hand found themselves forced to live outside their renowned United States Navy Band. rails, shower seats and transfer benches. The home country, such as Mr. Nega. For 12 years now, the United States Navy work is truly a community effort. Local cor- The political space for opposition parties Band has hosted this national competition. porate partners provide monetary support, vol- continues to be constricted. The imprisonment After each student submits an audio recording, unteers and building materials. Civic associa- and prosecution of political leaders has dis- the United States Navy Band evaluates each tions and faith based groups contribute hun- solved parties and caused reformulations that submission and selects the finalists to come to dreds of volunteer hours to Project Mend-A- also weren’t able to continue. Mr. Nega found- Washington, D.C. to perform at the competi- House each year. Project Mend-A-House puts ed Ginbot 7, a new political party in Ethiopia, tion. This competition is not only used as a everyone to work regardless of skill level to but two years ago, it was declared a terrorist method of motivating and rewarding inspiring improve the quality of life for our disabled, el- organization by the Meles government, and musicians, but also to stimulate America’s fu- derly and low income neighbors. not only was it unable to operate openly, but ture leaders. In order to win this competition, It is my honor to enter into the CONGRES- Ethiopian journalists were prevented from re- Ms. Beyer sacrificed a vast amount of her time SIONAL RECORD the names of the volunteers porting on the party or its statements. and dedicated herself to this goal. Her relent- for Project Mend-A-House: Similarly, the Government of Ethiopia, ac- less pursuit of maximizing her potential has al- Lee Bertand, Edie Clark, Don McCubbin, cording to the State Department’s human lowed her to gain tremendous recognition as a Steven Donovan, Rich Feickert, Kristen Hull, rights report, continued to imprison more than clarinetist at a young age. Ms. Beyer con- Tajr Hull, Dave Kaiser, Bob Leiker, Terry 400 opposition leaders, activists, and local tinues to go above and beyond all expecta- Lopez, Chris Maddocks, Sally Okuly, Marty journalists by the end of 2012, many on vague tions in her musical endeavors. Raines, Barbara Reese, David Seigrist, Dave national security-related charges. Her accomplishments do not end with win- Rogers, Matt Schaffer, Gail Straker, Guy As of 2011, the Ethiopian government had ning the United States Navy Band High Straker, Therese Swetnam, Terry Swirchak, completed long-term cheap land leases on School Concerto Competition. She has ex- Sarah Tamai. more than 3.6 million hectares (equivalent to celled in the classroom and as a leader in her Mr. Speaker, I ask that my colleagues join the size of the Netherlands), mainly to large- community. Arianna continues to give back by me in commending the volunteers of Project scale foreign agricultural investors, and an ad- mentoring peers in both music and academic Mend-A-House for their service and in thank- ditional 2.1 million hectares of land has since curriculums. In addition, Arianna is a 2013 ing them for their dedication to our community. been made available for such leases to for- Emerson Scholar and has received a full merit f eigners. An estimated 1.5 million Ethiopians in scholarship to attend Interlochen Center for four regions have been displaced, many of the Arts in Michigan this upcoming summer. In CELEBRATING THE 2013 STANLEY them subject to a supposedly voluntary pro- the fall of 2013, she will begin her dual degree CUP CHAMPION BLACKHAWKS gram known as ‘‘villagization.’’ Others dis- studies at the Eastman School of Music and placed due to these land leases or because of the College of Arts and Sciences at the Uni- HON. JANICE D. SCHAKOWSKY major dam projects now reside in refugee versity of Rochester. OF ILLINOIS camps in Kenya. On behalf of the citizens of Central Florida, IN THE HOUSE OF REPRESENTATIVES Despite an unacceptable political and I am pleased to recognize and applaud human rights environment in Ethiopia, we hold Arianna for her hard work, dedication and Wednesday, June 26, 2013 out hope that the post-Meles government may achievement. She is most deserving of this Ms. SCHAKOWSKY. Mr. Speaker, I rise yet change the direction the government has prestigious honor as the winner of the 2013 today to congratulate the Chicago Blackhawks taken for so long. Earlier this month, thou- United States Navy Band High School Con- on winning the 2013 Stanley Cup. As the team sands of Ethiopians protested political repres- certo Competition. May her character and pas- lifted the historic Stanley Cup in the air, it was sion in the capital city of Addis Ababa. Under sion inspire others to follow in her footsteps. I as if they were lifting the City of Chicago itself. the late Prime Minister Meles, such a show of wish her great success as she applies her From beginning to end, the Blackhawks defiance likely would have been met with offi- dedication toward even higher pursuits. were the best team in the National Hockey

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K26JN8.020 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS June 26, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E981 League. They had the best start in NHL his- dren: Wendy, James, Debra, David and An- RECOGNIZING THE TIRELESS tory, setting the record for most consecutive drea. Lt. Col. Blackburn served as a council SERVICE AND EARNEST DEDICA- points scored to start a season. Entering the member, elder and Sunday School teacher at TION OF THE DARDEN FOUNDA- playoffs they were the overall number one St. John Lutheran Church in Rome and he TION AND SECOND HARVEST seed. The team faced and defeated the Min- was a member of the Retired Officers Asso- FOOD BANK OF CENTRAL FLOR- nesota Wild, Detroit Red Wings, and the Los ciation and a past member of the Rome IDA Angeles Kings to win the Clarence S. Camp- Kiwanis Club. bell Bowl as Western Conference champions. Mr. Speaker, Lt. Col. Blackburn was a 20- HON. DANIEL WEBSTER Lead by Coach Joel Quenneville, the year career U.S. Air Force officer, a dedicated OF FLORIDA Blackhawks faced the Boston Bruins in the husband, father, grandfather and member of IN THE HOUSE OF REPRESENTATIVES Stanley Cup Finals. It was truly a team effort his community. Let us honor him as a true Wednesday, June 26, 2013 to overcome the physicality and aggressive- American patriot. May his memory never be ness of the Bruins. After a hard-fought series, forgotten. Mr. WEBSTER of Florida. Mr. Speaker, I am it came down to 2 goals scored in 17 seconds pleased to recognize the tireless service and late in the third period, by Bryan Bickell and f earnest dedication of the Darden Foundation, the charitable arm of Darden Restaurants, Dave Bolland, to overcome a one goal deficit TRIBUTE TO KAREN REGNO to win the Stanley Cup. Patrick Kane became Inc., on their awarding of over $200,000 dur- only the 4th American player to win the Conn ing the month of April 2013 to Florida non– Smythe Trophy as NHL Playoff MVP. HON. BILL FLORES profit organizations through their Restaurant As a lifelong Chicagoan I take great pride in OF TEXAS Community Grants program. The altruistic as- congratulating the Blackhawks on another IN THE HOUSE OF REPRESENTATIVES piration to improve Florida through their phil- anthropic support of charitable organizations is thrilling season. I thank them for bringing the Wednesday, June 26, 2013 Stanley Cup back to the Madhouse on Madi- to be admired. The value of service for Darden Restaurants son. Mr. FLORES. Mr. Speaker, I submit this statement on behalf of the office of the Chief was defined over 40 years ago by Darden’s f of Legislative Liaison. founder, Bill Darden, who established a culture HONORING THE MEMORY OF LT. Karen Regno has faithfully worked for the that rewards caring for and responding to peo- COL. FRANK BLACKBURN better interests of our country for nearly 22 ple. Darden’s Restaurant Community Grants years in the Department of Veterans Affairs, program is a local initiative which strives to HON. RICHARD L. HANNA the Department of Defense, the Patent and make an impact in the communities Darden and its restaurant brands serve by engaging OF NEW YORK Trademark Office, and even for a short time as a Fellow in a Congressional office in Wash- and supporting nonprofit community organiza- IN THE HOUSE OF REPRESENTATIVES ington, D.C. tions. The Darden Foundation focuses its ef- Wednesday, June 26, 2013 Originally from Waco, Texas, Karen brings a forts on three key program areas: access to Mr. HANNA. Mr. Speaker, I rise today to well-rounded knowledge of the nongovern- postsecondary education, preservation of nat- honor the memory of a great American, Lt. mental world as well, as evidence by her 14 ural resources and elimination of hunger. Col. Frank Blackburn, of Rome, NY, who will years working for Bell South and then later Every restaurant in the Darden family of be buried with full military honors in Arlington AT&T. She took her education seriously during brands is empowered with the opportunity to National Cemetery on Thursday, 27 June, this time and earned her undergraduate de- help award a $1,000 grant to exceptional non- 2013. Lt. Col. Blackburn was commissioned gree in Business from the University of Mary- profit organizations that align with Darden’s as a second lieutenant in the U.S. Air Force land, an MBA from Kennesaw State Univer- three areas of focus. in December 1953 after completing flight train- sity, a Masters Certificate in Project Manage- In addition, it is my pleasure to recognize ing school in Texas. He graduated from Syra- ment from George Washington University, and Second Harvest Food Bank of Central Florida, cuse University. a certification as a Project Management Pro- which has partnered with Darden in a joint ef- Lt. Col. Blackburn had a distinguished flying fessional. fort to combat hunger. For nearly three dec- career with the Air Force. He was stationed in Karen returned to civil service in May of ades, Second Harvest has fought hunger by Korea following the war with the 405th Fighter- 2009, and has served as the Congressional collecting, storing and distributing donated Bomber Wing at Langley, VA; with the 353rd Affairs Contact Officer for the office of the As- food items to over 500 partnering agencies Tactical Fighter Squadron in Myrtle Beach, sistant Secretary of the Army for Acquisition, throughout six Central Florida counties. In SC; as a missile crew commander in Logistics, and Technology since that time. She partnership with Darden, Second Harvest’s Sembach, Germany; and with the 37th Tac- takes the utmost care to ensure that the Office Food Rescue Program picks up prepared food tical Fighter wing in Vietnam from 1968 to of the Assistant Secretary of the Army for Ac- items from various Central Florida Darden res- 1969, as a forward air controller. He rose to quisition, Logistics and Technology provides taurants and delivers the food items to sur- the rank of Lieutenant Colonel and retired timely and accurate responses to all Congres- rounding nonprofit agencies who serve meals from the service in 1972. While in the Air sional inquiries and requests. As a Member of to people in need. Darden has also united with Force, Frank piloted many of the nation’s ear- Congress, I cannot emphasize enough how Second Harvest’s ‘‘Building Solutions to Hun- liest and most important jet aircraft, including valuable this capability and dedication to the ger’’ campaign with a leadership gift of the F–84, F–86 Sabre and the F100 Super job is to the efficient and effective running of $750,000 to assist Second Harvest’s construc- Sabre. our government. tion of a new facility that will be better Lt. Col. Blackburn earned numerous com- Service to our country runs in her family. equipped to meet the needs of the Central mendations, including: the Bronze Star Medal, Her Father, Bryan, served in the Marines dur- Florida community. Meritorious Service Medal, National Defense ing World War II in Guam, Iwo Jima, Guadal- On behalf of the citizens of Central Florida, Service Medal with one Oak Leaf Cluster, Ko- canal, and the Philippines; her older brother, it is my pleasure to recognize the selfless rean Service Medal, United Nations Service Rob, served in the Army during Vietnam; her work of the Darden Foundation and Second Medal, Good Conduct Medal, Air Force Lon- father-in-law, Jim, served in the Army; her Harvest Food Bank of Central Florida. May gevity Service Award with three Oak Leaf son-in-law, Todd, is a Colonel in the Army cur- their example of continuous service and gen- Clusters, Distinguished Unit Citation, Air Force rently serving in Stuttgart, Germany; and her erosity inspire many to follow in their foot- Expeditionary Medal, Armed Forces Reserve daughter Keli, is an Assistant District Attorney steps. Medal, Small Arms Expert Marksman Ribbon, in Texas. She has not only seen the examples f Vietnam Service Medal with one Bronze Serv- of those who came before her, but has also PERSONAL EXPLANATION ice Star, Republic of Vietnam Campaign been an example to those who have come Medal, Presidential Unit Citation, and Air after about the importance of serving our HON. DOUG LAMBORN Force Medal. country. OF COLORADO He followed this career with 25 years of We, the office of the Chief of Legislative Li- IN THE HOUSE OF REPRESENTATIVES service at PAR Technology Corp. in Rome, aison, wish her the best of luck as she steps NY where his responsibilities included oper- into this next adventure as she travels, goes Wednesday, June 26, 2013 ations, purchasing, and security. He and his to as many baseball games as possible, and Mr. LAMBORN. Mr. Speaker, I was unavoid- wife, Donna Logan Blackburn raised five chil- spends time with her grandkids. ably detained due to a family medical situation

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.019 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS E982 CONGRESSIONAL RECORD — Extensions of Remarks June 26, 2013 and was unable to vote on rollcall No. 287 and SENATE COMMITTEE MEETINGS Baer, of Colorado, to be U.S. Rep- resentative to the Organization for Se- rollcall No. 288. Title IV of Senate Resolution 4, Had I been present, I would have voted curity and Cooperation in Europe, with agreed to by the Senate of February 4, the rank of Ambassador, all of the De- ‘‘yea’’ on rollcall No. 287 and ‘‘yea’’ on rollcall 1977, calls for establishment of a sys- No. 288. partment of State. tem for a computerized schedule of all SD–419 f meetings and hearings of Senate com- 2:30 p.m. HONORING THE LIFE AND SERVICE mittees, subcommittees, joint commit- Select Committee on Intelligence OF LUCIANO JAVIER MALIGAD SR. tees, and committees of conference. To hold closed hearings to examine cer- This title requires all such committees tain intelligence matters. HON. TOM McCLINTOCK to notify the Office of the Senate Daily SH–219 OF CALIFORNIA Digest—designated by the Rules Com- JULY 16 IN THE HOUSE OF REPRESENTATIVES mittee—of the time, place and purpose of the meetings, when scheduled and 2:30 p.m. Wednesday, June 26, 2013 any cancellations or changes in the Committee on Energy and Natural Re- Mr. McCLINTOCK. Mr. Speaker, I rise to meetings as they occur. sources honor the life and service of Luciano Javier As an additional procedure along Subcommittee on Water and Power Maligad Sr., who passed away on June 21, with the computerization of this infor- To hold hearings to examine the Bureau 2013 at the age of 84 in Elk Grove, California. mation, the Office of the Senate Daily of Reclamation’s Colorado River Basin Water Supply and Demand Study. Luciano grew up in the Philippines and immi- Digest will prepare this information for SD–366 grated to the United States, spending years in printing in the Extensions of Remarks military service to this country. section of the CONGRESSIONAL RECORD JULY 18 As a young teen Luciano witnessed the Jap- on Monday and Wednesday of each anese invasion of the Philippines and helped 9:30 a.m. week. Committee on Armed Services American forces by reporting Japanese troop Meetings scheduled for Thursday, and munitions movements. He later took a job To hold hearings to examine the nomina- June 27, 2013 may be found in the Daily tions of General Martin E. Dempsey, as a civilian contractor for the U.S. Army in Digest of today’s record. Guam and served as a volunteer for three USA for reappointment to the grade of years in the Korean War. general and reappointment as Chair- Luciano became a naturalized American cit- MEETINGS SCHEDULED man of the Joint Chiefs of Staff, and Admiral James A. Winnefeld, Jr., USN izen in 1955 and joined the U.S. Air Force, de- JULY 9 ploying to Vietnam. In Vietnam he served as for reappointment to the grade of ad- 2:30 p.m. miral and reappointment as Vice an aircraft and auto mechanic and also helped Select Committee on Intelligence Chairman of the Joint Chiefs of Staff, To hold closed hearings to examine cer- start a library for active-duty soldiers. Luciano both of the Department of Defense. tain intelligence matters. was also deployed to the Netherlands, Hawaii SH–216 and California, and retired as a Tech Sergeant SH–219 after 21 years of service. SEPTEMBER 11 Luciano was predeceased by his daughter JULY 11 2:15 p.m. 10:30 a.m. Andrea and is survived by his wife Mary, five Committee on Appropriations children and numerous grandchildren. Committee on Foreign Relations To hold hearings to examine the nomina- Subcommittee on Financial Services and He was a man proud of serving his country, General Government thankful for the opportunity to live in freedom tions of Victoria Nuland, of Virginia, to be Assistant Secretary for European To hold hearings to examine proposed and bequeath it to his posterity, and blessed and Eurasian Affairs, Douglas Edward budget estimates and justification for with a loving family. Lute, of Indiana, to be United States fiscal year 2014 for the Federal Commu- Mr. Speaker, Luciano’s life embodies the Permanent Representative on the nications Commission. true meaning of the American Dream. It is with Council of the North Atlantic Treaty SD–138 a grateful heart that I rise today to honor his Organization, with the rank and status memory. of Ambassador, and Daniel Brooks

VerDate Mar 15 2010 06:05 Jun 27, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K26JN8.023 E26JNPT1 pwalker on DSK3SPTVN1PROD with REMARKS Wednesday, June 26, 2013 Daily Digest Senate Adopted: Chamber Action By 69 yeas to 29 nays (Vote No. 163), Leahy Routine Proceedings, pages S5203–S5313 Modified Amendment No. 1183, to strengthen bor- Measures Introduced: Fourteen bills and three res- der security and enforcement. Pages S5205, S5215 olutions were introduced, as follows: S. 1223–1236, Withdrawn: Reid Amendment No. 1551 (to Modified Amend- and S. Res. 187–189. Page S5264 ment No. 1183), to change the enactment date. Measures Passed: Pages S5205, S5215 Ongoing conflict in the Democratic Republic of Pending: the Congo: Senate agreed to S. Res. 144, concerning Boxer/Landrieu Amendment No. 1240, to require the ongoing conflict in the Democratic Republic of training for National Guard and Coast Guard officers the Congo and the need for international efforts sup- and agents in training programs on border protec- porting long-term peace, stability, and observance of tion, immigration law enforcement, and how to ad- human rights, after agreeing to the committee dress vulnerable populations, such as children and amendment in the nature of a substitute. victims of crime. Page S5205 Pages S5302–04 Cruz Amendment No. 1320, to replace title I of the bill with specific border security requirements, Organization of African Unity 50th Anniver- which shall be met before the Secretary of Homeland sary: Senate agreed to S. Res. 166, commemorating Security may process applications for registered im- the 50th anniversary of the founding of the Organi- migrant status or blue card status and to avoid De- zation of African Unity (OAU) and commending its partment of Homeland Security budget reductions. successor, the African Union. Page S5304 Page S5205 Congratulating the Chicago Blackhawks: Senate Leahy (for Reed) Amendment No. 1224, to clarify agreed to S. Res. 187, congratulating the Chicago the physical present requirements for merit-based Blackhawks on winning the 2013 Stanley Cup. immigrant visa applicants. Page S5205 Pages S5304–05 Reid Amendment No. 1552 (to the language pro- posed to be stricken by the reported committee sub- Lincoln Highway Centennial: Senate agreed to S. stitute amendment to the bill), to change the enact- Res. 188, recognizing June 30, 2013, as the centen- ment date. Page S5205 nial of the Lincoln Highway, the first trans- Reid Amendment No. 1553 (to Amendment No. continental highway, which originally spanned 3,389 1552), of a perfecting nature. Page S5205 miles through 13 states, including the great State of During consideration of this measure today, Senate Nebraska. Page S5305 also took the following action: Relative to the Death of Former Senator Wil- By 68 yeas to 30 nays (Vote No. 162), three-fifths liam Dodd Hathaway: Senate agreed to S. Res. of those Senators duly chosen and sworn, having 189, relative to the death of the Honorable William voted in the affirmative, Senate agreed to the motion Dodd Hathaway, former United States Senator for to waive section 4(g)(3) of the Statutory Pay-As- the State of Maine. Page S5305 You-Go Act of 2010, and all applicable sections of that Act and other budget related Acts and applica- Measures Considered: ble budget resolutions, with respect to the bill and Border Security, Economic Opportunity, and Im- amendments. Subsequently, the point of order that migration Modernization Act—Agreement: Sen- the bill was in violation of section 4(g)(3) of the ate continued consideration of S. 744, to provide for Statutory Pay-As-You-Go Act of 2010, was not sus- comprehensive immigration reform, taking action on tained, and thus the point of order fell. Page S5215 the following amendments and motions proposed By 67 yeas to 31 nays (Vote No. 164), three-fifths thereto: Pages S5205–58 of those Senators duly chosen and sworn, having D639

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voted in the affirmative, Senate agreed to the motion Measures Referred: Page S5261 to close further debate on the committee-reported Measures Placed on the Calendar: Page S5261 substitute amendment to the bill. Page S5216 A unanimous-consent agreement was reached pro- Executive Communications: Page S5261 viding that on Thursday, June 27, 2013, upon dis- Petitions and Memorials: Pages S5261–63 position of the nomination of Anthony Renard Foxx, Executive Reports of Committees: Pages S5263–64 of North Carolina, to be Secretary of Transportation, all post-cloture time be considered expired with re- Additional Cosponsors: Page S5264–66 spect to the committee-reported substitute amend- Statements on Introduced Bills/Resolutions: ment; that the pending amendments to the under- Pages S5266–75 lying bill be withdrawn; that the Majority Leader Additional Statements: Pages S5261–66 then be recognized for the purpose of raising points of order against the remaining pending amendments Amendments Submitted: Pages S5275–S5302 to the substitute amendment; that after the amend- Record Votes: Three record votes were taken today. ments fall, Senate vote on adoption of the com- (Total—164) Pages S5215–16 mittee-reported substitute amendment; that upon Adjournment: Senate convened at 9:30 a.m. and disposition of the committee-reported substitute adjourned, as a further mark of respect to the mem- amendment, Senate vote on the motion to invoke ory of the late William Dodd Hathaway, former cloture on the bill, as amended; and that if cloture United States Senator for the State of Maine, in ac- is invoked, it be considered as if cloture has been in- cordance with S. Res. 189, at 8:35 p.m., until 9:30 voked at 7:00 a.m., on Thursday, June 27, 2013. a.m. on Thursday, June 27, 2013. (For Senate’s pro- Page S5258 gram, see the remarks of the Majority Leader in to- A unanimous-consent-time agreement was reached day’s Record on page S5306) providing for further consideration of the bill at ap- proximately 9:30 a.m., on Thursday, June 26, 2013, and the time until 11:30 a.m. be equally divided Committee Meetings and controlled between the two Managers, or their designees, with senators permitted to speak therein (Committees not listed did not meet) for up to 10 minutes each. Page S5305 BUSINESS MEETING Foxx Nomination—Agrreement: A unanimous- Committee on Armed Services: Committee ordered favor- consent-time agreement was reached providing that ably reported 388 nominations in the Army, Navy, notwithstanding Rule XXII, at 11:30 a.m., on and Air Force. Thursday, June 27, 2013, Senate begin consideration of the nomination of Anthony Renard Foxx, of DEFENSE SCIENCE BOARD TASK FORCE North Carolina, to be Secretary of Transportation, REPORT that there be two minutes for debate equally divided Committee on Armed Services: Subcommittee on Stra- in the usual form; that following the use or yielding tegic Forces received a closed briefing on the Defense back of time, Senate vote, without intervening action Science Board Task Force Report, ‘‘Resilient Military or debate, on confirmation of the nomination; and Systems and the Advanced Cyber Threat’’ from that no further motions be in order. Page S5258 Lewis A. Von Thaer, Co-Chair, Defense Science Nominations Received: Senate received the fol- Board Task Force on Resilient Military Systems, lowing nominations: Madelyn R. Creedon, Assistant Secretary for Global Pedro A. Delgado Hernandez, of Puerto Rico, to Strategic Affairs, Kristen J. Baldwin, Principal Dep- be United States District Judge for the District of uty, Deputy Assistant Secretary for Systems Engi- Puerto Rico. neering, Office of the Assistant Secretary for Re- Bruce Howe Hendricks, of South Carolina, to be search and Engineering, and Richard A. Hale, Dep- United States District Judge for the District of uty Chief Information Officer for Cybersecurity, Of- South Carolina. fice of the Chief Information Officer, all of the De- Alison Renee Lee, of South Carolina, to be United partment of Defense. States District Judge for the District of South Caro- IMPACT OF FEDERAL BUDGET DECISIONS lina. ON CHILDREN 2 Air Force nominations in the rank of general. Committee on the Budget: Committee concluded a hear- 1 Army nomination in the rank of general. ing to examine the impact of Federal budget deci- A routine list in the Air Force. Page S5313 sions on children, focusing on investing in our fu- Messages From the House: Page S5261 ture, after receiving testimony from Bruce Lesley,

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First Focus, David B. Muhlhausen, The Heritage McClellan, The Brookings Institution, and Christine Foundation, Shavon Collier, and Sakhia Whitehead, K. Cassel, National Quality Forum, both of Wash- all of Washington, D.C.; and Margaret Nimmo ington, D.C.; David Lansky, Pacific Business Group Crowe, Voices for Virginia’s Children, Richmond. on Health, San Francisco, California; and Elizabeth FORENSICS A. McGlynn, Kaiser Permanente Center for Effec- tiveness and Safety Research, Pasadena, California, on Committee on Commerce, Science, and Transportation: behalf of the Kaiser Permanente Medical Care Pro- Committee concluded a hearing to examine advanc- gram. ing the science and standards of forensics, after re- ceiving testimony from Tjin-A-Tsoi, Netherlands ADVANCE CARE PLANNING Forensic Institute, The Hague, The Netherlands; Mi- chael R. Bromwich, The Bromwich Group LLC, Special Committee on Aging: Committee concluded a Washington, D.C.; Gregory A. Schmunk, National hearing to examine respecting patients’ wishes and Association of Medical Examiners, Des Moines, Iowa; advance care planning, after receiving testimony and Jill Spriggs, Consortium of Forensic Science Or- from Gloria Ramsey, Associate Professor, Uniformed ganizations, Sacramento, California. Services University of the Health Sciences, Depart- ment of Defense; H. James Towey, Aging with Dig- HEALTH CARE QUALITY nity, Ava Maria, Florida; Harriet Warshaw, The Committee on Finance: Committee concluded a hearing Conversation Project, Cambridge, Massachusetts; and to examine health care quality, focusing on the path Amy Vandenbroucke, National POLST Paradigm forward, after receiving testimony from Mark Program, Portland, Oregon. h House of Representatives Related Agencies Appropriations Act, 2014— Chamber Action Rule for Consideration: The House agreed to H. Public Bills and Resolutions Introduced: 25 pub- Res. 274, the rule that is providing for consideration lic bills, H.R. 2504–2528; and 1 resolution, H. Res. of H.R. 1613, to amend the Outer Continental Shelf 279 were introduced. Pages H4077–80 Lands Act to provide for the proper Federal manage- Additional Cosponsors: Pages H4080–81 ment and oversight of transboundary hydrocarbon Reports Filed: Reports were filed today as follows: reservoirs, H.R. 2231, to amend the Outer Conti- H. Res. 277, dismissing the election contest relat- nental Shelf Lands Act to increase energy exploration ing to the office of Representative from the Ninth and production on the Outer Continental Shelf, pro- Congressional District of Tennessee (H. Rept. vide for equitable revenue sharing for all coastal 113–132) and States, and implement the reorganization of the H. Res. 278, dismissing the election contest relat- functions of the former Minerals Management Serv- ing to the office of Representative from the Forty ice into distinct and separate agencies, and H.R. Third Congressional District of California (H. Rept. 2410, making appropriations for Agriculture, Rural 113–133). Page H4077 Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending Speaker: Read a letter from the Speaker wherein he appointed Representative Ribble to act as Speaker September 30, 2014, by a yea-and-nay vote of 235 yeas to 187 nays, Roll No. 290, after the previous pro tempore for today. Page H4041 question was ordered by a yea-and-nay vote of 228 Recess: The House recessed at 10:34 a.m. and re- yeas to 194 nays, Roll No. 289. Pages H4049–57 convened at 12 noon. Pages H4044–45 Permitting official photographs of the House of Chaplain: The prayer was offered by the guest chap- Representatives to be taken: The House agreed by lain, Reverend Michael Rucker, Bible Baptist unanimous consent to discharge from committee and Church, Wichita Falls, Texas. Page H4045 agree to H. Res. 270, to permit official photographs Outer Continental Shelf Transboundary Hydro- of the House of Representatives to be taken while carbon Agreements Authorization Act, Offshore the House is in actual session on a date designated Energy and Jobs Act, and Agriculture, Rural De- by the Speaker. Page H4057 velopment, Food and Drug Administration, and

VerDate Mar 15 2010 05:34 Sep 13, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD13\RECFILES\JUN2013\D26JN3.REC D26JN3 bjneal on DSK6SPTVN1PROD with CONG-REC-ONLINE D642 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2013 Dismissing the election contest relating to the 21ST CENTURY MEDICARE: BIPARTISAN office of Representative from the Ninth Congres- PROPOSALS TO REDESIGN THE PROGRAM’S sional District of Tennessee: The House agreed to OUTDATED BENEFIT STRUCTURE H. Res. 277, to dismiss the election contest relating Committee on Energy and Commerce: Subcommittee on to the office of Representative from the Ninth Con- Health held a hearing entitled ‘‘A 21st Century gressional District of Tennessee. Page H4057 Medicare: Bipartisan Proposals to Redesign the Pro- Dismissing the election contest relating to the gram’s Outdated Benefit Structure’’. Testimony was office of Representative from the Forty Third heard from public witnesses. Congressional District of California: The House agreed to H. Res. 278, to dismiss the election con- CHALLENGES FACING AMERICA’S test relating to the office of Representative from the BUSINESSES UNDER THE PATIENT Forty Third Congressional District of California. PROTECTION AND AFFORDABLE CARE Page H4057 ACT Suspension—Proceedings Postponed: The House Committee on Energy and Commerce: Subcommittee on debated the following measure under suspension of Oversight and Investigations held a hearing entitled the rules. Further proceedings were postponed: ‘‘Challenges Facing America’s Businesses Under the Amending title 10, United States Code, to re- Patient Protection and Affordable Care Act’’. Testi- quire an Inspector General investigation of allega- mony was heard from public witnesses. tions of retaliatory personnel actions taken in re- OVERVIEW OF THE RENEWABLE FUEL sponse to making protected communications regard- STANDARD: GOVERNMENT PERSPECTIVES ing sexual assault: H.R. 1864, to amend title 10, United States Code, to require an Inspector General Committee on Energy and Commerce: Subcommittee on investigation of allegations of retaliatory personnel Energy and Power held a hearing entitled ‘‘Overview actions taken in response to making protected com- of the Renewable Fuel Standard: Government Per- munications regarding sexual assault. Pages H4057–61 spectives’’. Testimony was heard from Adam Sieminksi, Administrator, U.S. Energy Information; Quorum Calls—Votes: Two yea-and-nay votes de- Joseph Glauber, Chief Economist, Department of veloped during the proceedings of today and appear Agriculture; and Christopher Grundler, Director, Of- on pages H4055–56 and H4056–57. There were no fice of Transportation and Air Quality, Office of Air quorum calls. and Radiation, Environmental Protection Agency. Adjournment: The House met at 10 a.m. and ad- journed at 5:19 p.m. EXAMINING HOW THE DODD-FRANK ACT COULD RESULT IN MORE TAXPAYER- FUNDED BAILOUTS Committee Meetings Committee on Financial Services: Full Committee held MISCELLANEOUS MEASURE a hearing entitled ‘‘Examining How the Dodd-Frank Act Could Result in More Taxpayer-Funded Bail- Committee on Appropriations: Full Committee held a outs’’. Testimony was heard from Thomas Hoenig, markup on Energy and Water Development Appro- Vice Chairman, Federal Deposit Insurance Corpora- priations Bill, Fiscal Year 2014. The bill was or- tion; Richard W. Fisher, President and Chief Execu- dered reported, as amended. tive Officer, Federal Reserve Bank of Dallas; Jeffrey Lacker, President and Chief Executive Officer, Fed- AMERICA’S ENERGY REVOLUTION eral Reserve Bank of Richmond; and a public wit- Committee on the Budget: Full Committee held a hear- ness. ing entitled ‘‘America’s Energy Revolution: A New Path To Jobs And Economic Growth’’. Testimony EVALUATING HOW HUD’S MOVING-TO- was heard from public witnesses. WORK PROGRAM BENEFITS PUBLIC AND ASSISTED HOUSING RESIDENTS LEGISLATIVE MEASURES Committee on Financial Services: Subcommittee on Committee on Education and the Workforce: Sub- Housing and Insurance held a hearing entitled committee on Health, Employment, Labor, and Pen- ‘‘Evaluating How HUD’s Moving-to-Work Program sions held a hearing on H.R. 2346, the ‘‘Secret Bal- Benefits Public and Assisted Housing Residents’’. lot Protection Act’’; and H.R. 2347, the ‘‘Represen- Testimony was heard from Daniel Nackerman, Exec- tation Fairness Restoration Act’’. Testimony was utive Director, San Bernardino County Housing Au- heard from public witnesses. thority; Gene Reed, Executive Director, Abilene

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VerDate Mar 15 2010 05:34 Sep 13, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD13\RECFILES\JUN2013\D26JN3.REC D26JN3 bjneal on DSK6SPTVN1PROD with CONG-REC-ONLINE D644 CONGRESSIONAL RECORD — DAILY DIGEST June 26, 2013 Administration Act of 2013’’; and draft legislation Committee on Homeland Security and Governmental Affairs: to amend title 38, United States Code, to authorize Subcommittee on Financial and Contracting Oversight, to the Secretary of Veterans Affairs to make an alter- hold hearings to examine contract management by the native election on behalf of certain individuals who Department of Energy, 10:30 a.m., SD–342. are subject to a bar to duplication of eligibility for Committee on the Judiciary: business meeting to consider educational assistance under the laws administered the nominations of Byron Todd Jones, of Minnesota, to be Director, Bureau of Alcohol, Tobacco, Firearms, and by the Secretary. Testimony was heard from the fol- Explosives, and Stuart F. Delery, of the District of Co- lowing Representatives: Calvert; Cummings; lumbia, to be an Assistant Attorney General, both of the Delaney; Grayson; and Johnson (OH); and Curtis L. Department of Justice, 10 a.m., SD–226. Coy, Deputy Under Secretary for Economic Oppor- Select Committee on Intelligence: to hold closed hearings to tunity, Veterans Benefits Administration, Depart- examine certain intelligence matters, 3 p.m., SH–219. ment of Veterans Affairs; Frank C. DiGiovanni, Di- rector, Training Readiness and Strategy, Office of House the Undersecretary of Defense for Personnel and Committee on Appropriations, Full Committee, markup on Readiness, Department of Defense; and public wit- Transportation, Housing and Urban Development and nesses. Relate Agencies Appropriations Bill, Fiscal Year 2014; and Revised Report on the Suballocation of Budget Allo- Joint Meetings cations for FY 2014, 10 a.m., 2359 Rayburn. Committee on Education and the Workforce, Subcommittee SMARTER REGULATIONS on Early Childhood, Elementary, and Secondary Edu- Joint Economic Committee: Committee concluded a cation, hearing entitled ‘‘School Meal Regulations: Dis- hearing to examine reducing red tape through smart- cussing the Costs and Consequences for Schools and Stu- er regulations, after receiving testimony from Susan dents’’, 10 a.m. 2175 Rayburn. Dudley, George Washington University Regulatory Committee on Energy and Commerce, Subcommittee on Studies Center, Washington, D.C.; Michael Commerce and Manufacturing, and Trade, hearing enti- Greenstone, Massachusetts Institute of Technology, tled ‘‘A Tangle of Trade Barriers: How India’s Industrial Policy is Hurting U.S. Companies’’, 10 a.m., 2123 Ray- Cambridge; Jerry Ellig, George Mason University burn. Mercatus Center, Arlington, Virginia; and Robert S. Subcommittee on Communications and Technology, Kieval, CVRx, Minneapolis, Minnesota. hearing entitled ‘‘Equipping Carriers and Agencies in the f Wireless Era’’, 10:30 a.m., 2322 Rayburn. Committee on Foreign Affairs, Full Committee, markup COMMITTEE MEETINGS FOR THURSDAY, on H.R. 1897, the ‘‘Vietnam Human Rights Act of JUNE 27, 2013 2013’’; and H. Res. 131, concerning the ongoing conflict (Committee meetings are open unless otherwise indicated) in the Democratic Republic of the Congo and the need for international efforts toward long-term peace, stability, Senate and observance of human rights; H. Res. 273, resolution Committee on Appropriations: business meeting to mark expressing the sense of the House of Representatives that up proposed budget estimates for fiscal year 2014 for the President should nominate a qualified and inde- Transportation, Housing and Urban Development, and pendent individual for the position of Inspector General Related Agencies and Energy and Water Development, of the Department of State and Broadcasting Board of 10 a.m., SD–106. Governors to be confirmed by the Senate without delay; Committee on Banking, Housing, and Urban Affairs: to and H. Res. 222, recognizing the long-term partnership hold hearings to examine the nominations of Melvin L. and friendship between the United States and the Watt, of North Carolina, to be Director of the Federal Hashemite Kingdom of Jordan, working together towards Housing Finance Agency, Jason Furman, of New York, peace and security in the Middle East, 10 a.m., 2172 to be a Member and Chairman of the Council of Eco- Rayburn. nomic Advisers, Kara Marlene Stein, of Maryland, and Subcommittee on Africa, Global Health, Global Michael Sean Piwowar, of Virginia, both to be a Member Human Rights, and International Organizations, hearing of the Securities and Exchange Commission, and Richard entitled ‘‘Addressing the Neglected Diseases Treatment T. Metsger, of Oregon, to be a Member of the National Gap’’, 2 p.m., 2200 Rayburn. Credit Union Administration Board, 10:30 a.m., Subcommittee on Asia and the Pacific; and Sub- SD–538. committee on Terrorism, Nonproliferation, and Trade, Committee on Environment and Public Works: to hold an joint hearing entitled ‘‘Next Steps in the U.S.—Republic oversight hearing to examine Federal risk management of Korea Alliance’’, 2 p.m., 2172 Rayburn. and emergency planning programs to prevent and address Committee on the Judiciary, Full Committee, markup on chemical threats, including the events leading up to the H.R. 1772, the ‘‘Legal Workforce Act’’; and H.R. 2131, explosions in West, Texas and Geismar, Louisiana, 10 the ‘‘Supplying Knowledge-base Immigrants and Lifting a.m., SD–406. Levels of STEM Visas Act’’, 10 a.m., 2141 Rayburn.

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Committee on Natural Resources, Full Committee, hearing Committee on Small Business, Subcommittee on Health entitled ‘‘The Management of Red Snapper in the Gulf and Technology, hearing entitled ‘‘Mobile Medical App of Mexico under the Magnuson-Stevens Fishery Conversa- Entrepreneurs: Changing the Face of Health Care’’, 10 tion and Management Act’’, 10 a.m., 1324 Longworth. a.m., 2360 Rayburn. Subcommittee on Public Lands and Environmental Committee on Transportation and Infrastructure, Sub- Regulation, hearing entitled ‘‘Outdoor Recreation Oppor- committee on Railroad, Pipelines, and Hazardous Mate- tunities on State, Local and Federal Lands’’, 2 p.m., 1334 rials, hearing entitled ‘‘National Rail Policy: Examining Longworth. Goals, Objectives, and Responsibilities’’, 10 a.m., 2167 Committee on Oversight and Government Reform, Sub- Rayburn. committee on National Security, hearing entitled ‘‘Border Committee on Veterans’ Affairs, Full Committee, hearing Security Oversight: Identifying and Responding to Cur- entitled ‘‘Assessing VA’s Capital Investment Options to rent Threats’’, 9 a.m., 2247 Rayburn. Provide Veterans’ Care’’, 10 a.m., 334 Cannon. Subcommittee on Energy Policy, Health Care and En- Subcommittee on Oversight and Investigations, mark- titlements, hearing entitled ‘‘Oversight Of Rising Social up on H.R. 1490, the ‘‘Veterans’ Privacy Act’’; H.R. Security Disability Claims and the Role of Administrative 1792, the ‘‘Infectious Disease Reporting Act’’; and H.R. Law Judges’’, 9:30 a.m., 2154 Rayburn. 1804, the ‘‘Foreign Travel Accountability Act’’, 2 p.m., 334 Cannon. Committee on Science, Space, and Technology, Subcommittee Committee on Ways and Means, Full Committee, hearing on Oversight; and Subcommittee on Energy, joint hearing entitled ‘‘The Status of Internal Revenue Service’s Review entitled ‘‘Green Buildings—An Evaluation of Energy Sav- of Taxpayer Targeting Practices’’, 10 a.m., 1100 Long- ings Performance Contracts’’, 10 a.m., 2318 Rayburn. worth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 27 10 a.m., Thursday, June 27

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1613— ation of S. 744, Border Security, Economic Opportunity, Outer Continental Shelf Transboundary Hydrocarbon and Immigration Modernization Act. Agreements Authorization Act (Subject to a Rule). Begin At 11:30 a.m., Senate will begin consideration of the Consideration of H.R. 2231—Offshore Energy and Jobs nomination of Anthony Renard Foxx, of North Carolina, Act (Subject to a Rule). to be Secretary of Transportation, and vote on confirma- tion of the nomination. Following the vote on confirmation of the nomination of Anthony Renard Foxx, Senate will vote on adoption of the committee-reported substitute amendment to S. 744, Border Security, Economic Opportunity, and Immigration Modernization Act, and then vote on the motion to in- voke cloture on the bill.

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E978 McCollum, Betty, Minn., E972 Fitzpatrick, Michael G., Pa., E969, E971 Maloney, Carolyn B., N.Y., E973 Alexander, Rodney, La.,E969 Flores, Bill, Tex., E976, E981 Pastor, Ed, Ariz., E978 Barr, Andy, Ky., E976 Graves, Sam, Mo., E969 Sanchez, Loretta, Calif., E976 Boustany, Charles W., Jr., La., E971 Hanna, Richard L., N.Y., E981 Schakowsky, Janice D., Ill., E980 Brady, Robert A., Pa., E974 Hastings, Alcee L., Fla., E975 Capps, Lois, Calif., E969 Heck, Joseph J., Nev., E973 Smith, Christopher H., N.J., E978, E979 Cartwright, Matt, Pa., E977 Holt, Rush, N.J., E970 Van Hollen, Chris, Md., E971 Coffman, Mike, Colo., E974, E979 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E976 Vargas, Juan, Calif., E975 Connolly, Gerald E., Va., E969, E971, E972, E973, E974, Lamborn, Doug, Colo., E981 Walden, Greg, Ore., E971 E975, E976, E977, E977, E980 Lee, Barbara, Calif., E969 Webster, Daniel, Fla., E980, E981 Dingell, John D., Mich., E974 McClintock, Tom, Calif., E982

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