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

Vol. 159 WASHINGTON, MONDAY, MAY 6, 2013 No. 62 House of Representatives The House met at noon and was gering body count occurred just 5 that pits supplier against supplier and called to order by the Speaker pro tem- months after the Tazreen factory fire country against country in a cal- pore (Mr. BENTIVOLIO). that killed at least 112 workers. Forty culated race to the bottom. Often, the margin for these corpora- f more incidents, including explosions and fires, causing death and injury, tions is subsistence wages and the DESIGNATION OF SPEAKER PRO have taken place since the Tazreen fac- needless disregard for the safety of TEMPORE tory fire. these young women. That is the sub- The SPEAKER pro tempore laid be- I met with one of the Tazreen sur- sidy they receive—low wages and un- fore the House the following commu- vivors when she visited Washington safe working conditions for the work- nication from the Speaker: last month. She described the out- ers who produce these garments. Four rageous working conditions leading up million Bangladeshi workers in 5,000 WASHINGTON, DC, factories provide clothing to Ameri- May 6, 2013. to the fire. She toiled in a factory with I hereby appoint the Honorable KERRY bars on the windows and no place to cans and to European brands while BENTIVOLIO to act as Speaker pro tempore on run if a fire broke out. She told me how earning one of the lowest minimum this day. she jumped from the third floor of the wages in the world—about $37 a month. JOHN A. BOEHNER, burning factory to save her body from But they shouldn’t have to risk their Speaker of the House of Representatives. the fire so her family could recognize lives for the fashion industry’s profits. These young women are forced to f her in case of her death, and many of work in factories with overtaxed elec- MORNING-HOUR DEBATE her coworkers jumped with her, but did trical circuits, unenforced building not survive the fall. During our meet- The SPEAKER pro tempore. Pursu- codes, and premises without fire- ing, it became clear that it was only a fighting equipment and adequate exits, ant to the order of the House of Janu- matter of time before the next Tazreen ary 3, 2013, the Chair will now recog- and in most cases, the exits are would take place. chained closed. Americans who are the nize Members from lists submitted by Two weeks later, Rana Plaza col- the majority and minority leaders for consumers of these products are in- lapsed. creasingly worried that the label morning-hour debate. Unfortunately, these tragedies in The Chair will alternate recognition ‘‘Made in Bangladesh’’ actually means Bangladesh are not isolated, and more ‘‘made in a death trap.’’ between the parties, with each party of these tragedies, undoubtedly, will Why are the managers of these fac- limited to 1 hour and each Member occur unless the major international tories forcing these employees to work other than the majority and minority corporations that keep these dangerous in these deplorable conditions? Because leaders and the minority whip limited factories open decide to change their of fear—fear that the international to 5 minutes each, but in no event shall business practices. Clearly, there is a brands and the retailers, which we debate continue beyond 1:50 p.m. greater role for the U.S. and other gov- know so well, will take their orders f ernments to play, including the Ban- elsewhere because of a missed day of gladesh Government. However, the pri- BANGLADESH production, a late delivery, or a minus- mary burden for action now lies with cule increase in production costs. The The SPEAKER pro tempore. The the major brands and retailers. brands know this. That’s why I believe Chair recognizes the gentleman from Let’s remember what is at stake they bear the ultimate responsibility California (Mr. GEORGE MILLER) for 5 here: the lives of thousands of young for the horrendously unsafe working minutes. women and mothers trying to scrape conditions in Bangladesh and else- Mr. GEORGE MILLER of California. together an existence by working 12- where. Mr. Speaker, over the past several hour shifts for pennies a garment. Corporate leaders in the fashion in- years, more than a thousand workers They produce clothing under con- dustry have a moral imperative to en- have died from working in Ban- tract with corporations we all know sure that these tragedies do not happen gladesh’s garment industry. well: Walmart, J. C. Penney, Mango, again. These retailers and brands need In the latest tragedy, an eight-story Benetton, H&M, The Children’s Place, to sign on to an enforceable agreement building called Rana Plaza collapsed. It GAP, and Dress Barn, among others. that will improve safety, called the housed five garment factories. It has The clothes these women sew in Ban- Bangladesh Fire and Building Safety killed more than 650 workers so far, in- gladesh we buy here in America. Unfor- Agreement. It was developed by the jured more than a thousand, with still tunately, these young women are Bangladeshi trade unions and non- more buried in the rubble. This stag- caught working in a garment industry governmental organizations to prevent

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

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VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MY7.000 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2408 CONGRESSIONAL RECORD — HOUSE May 6, 2013 these types of disasters from occurring of the House of Representatives that I have I pledge allegiance to the Flag of the by addressing the most urgent ele- been served with a subpoena, issued by the United States of America, and to the Repub- ments: Circuit Court for Cullman County, Alabama, lic for which it stands, one nation under God, One, public reporting of all fire and for documents a civil case to which I am not indivisible, with liberty and justice for all. a party. f building audits conducted by inde- After consultation with the Office of Gen- pendent safety experts; eral Counsel, I will determine whether com- SAVANNAH RIVER SITE Two, mandates that factory owners pliance with the subpoena is consistent with REPROGRAMMING SUCCESSFUL make timely repairs; the privileges and rights of the House. (Mr. WILSON of South Carolina Three, an obligation for the brands to Sincerely, asked and was given permission to ad- JENNIFER BUTLER-TAYLOR, terminate a contract if a factory defies dress the House for 1 minute and to re- its responsibility to keep workers safe; Director of Constituent Services, U.S. Representative Robert Aderholt (AL–04). vise and extend his remarks.) Four, the right for workers to refuse Mr. WILSON of South Carolina. Mr. unsafe work without retribution—to be f Speaker, on Friday, I was grateful to able to refuse work without being fired, RECESS conduct a town hall in Aiken, South being penalized—and union access to Carolina, where I listened to hundreds factories, among other labor protec- The SPEAKER pro tempore. Pursu- ant to clause 12(a) of rule I, the Chair of constituents who are very concerned tions, so they can see for themselves about the reprogramming request at what are the working conditions on declares the House in recess until 2 p.m. today. the Savannah River site. Fortunately, any given day. over the weekend, the President’s Of- To make this work, these commit- Accordingly (at 12 o’clock and 8 min- utes p.m.), the House stood in recess. fice of Management and Budget sent ments must be contained in an enforce- the request to both Houses of Congress able contract between the brands and f for approval. worker representatives because it is b 1400 This is a crucial step to end the 20 the workers’ lives that are on the line. percent pay cut for 2,600 employees of The holding companies of Calvin Klein, AFTER RECESS Savannah River Nuclear Solutions. I Tommy Hilfiger, Van Heusen, and The recess having expired, the House appreciate the town hall participants: IZOD have signed on to this agreement was called to order by the Speaker pro President Terra Carroll of the North already, and a major German retailer tempore (Mr. COLLINS of New York) at Augusta Chamber of Commerce; Chair- has signed on as well. Others are now 2 p.m. man Ronnie Young of the Aiken Coun- meeting in Europe to discuss its provi- f ty Council; Aiken City Council mem- sions. bers, Philip Merry and Dick Dewar; I applaud these efforts toward cor- PRAYER State Senator Tom Young, Jr.; Presi- porate responsibility. It is now time for The Chaplain, the Reverend Patrick dent David Jameson of the Greater the major U.S. corporations, like GAP, J. Conroy, offered the following prayer: Aiken Chamber of Commerce; Vice Walmart, and J.C. Penney, to join We give You thanks, O God, for giv- Chancellor Joe Sobieralski of USC- them, but we must also take note and ing us another day. Aiken; DHEC facilities liaison, Shelly call out any attempt to water down the We ask Your blessing upon this as- Wilson; USC-Aiken student, Hannah key provisions of this agreement. Ex- sembly and upon all to whom this au- McClure. And dedicated congressional perts believe that this safety agree- thority of government is given. Help staff Ted Felder, Sara Beaulieu, and ment will only cost a dime per garment them to meet their responsibilities Baker Elmore were instrumental for over 5 years in order to make a real dif- during these days, to attend to the im- success. ference in the safety of these fac- mediate needs and concerns of the mo- In conclusion, God bless our troops, tories—a dime for the lives of these ment, enlightened by Your eternal and we will never forget September the workers. Spirit. 11th in the global war on terrorism. The major global brands now face a The issues of the coming months re- f choice. They can attempt to wait out main complicated and divisive. Endow the storm and go back to business as WORKING FAMILIES FLEXIBILITY each Member with wisdom and equa- ACT usual and continue their race to the nimity, that productive solutions (Ms. FOXX asked and was given per- bottom, or they can chart a different might be reached for the benefit of our mission to address the House for 1 course that includes healthy profits, Nation. without a human death toll, by signing minute.) Please send Your Spirit of peace upon Ms. FOXX. Mr. Speaker, for nearly 30 on to an enforceable safety agreement. those areas of our world where violence I hope these American and inter- years, government employees have had and conflict endure and threaten to the option to choose paid time off or national fashion brands sign on. In the multiply. May all Your children learn meantime, the American consumer and comp time in lieu of overtime pay. Pri- to live in peace. vate sector employees, however, those who follow the fashion industry And may all that is done within the are watching. We want to see which haven’t had that choice because Wash- people’s House this day be for Your ington and an old 1938 labor law won’t fashion brands will accept blood on greater honor and glory. their labels and which will not. let them. Amen. That isn’t fair. When life happens in f f the form of school plays, Little League games, or family members becoming COMMUNICATION FROM DIRECTOR THE JOURNAL OF CONSTITUENT SERVICES, THE sick, time and flexibility are essential HONORABLE ROBERT ADERHOLT, The SPEAKER pro tempore. The to working parents and grandparents. MEMBER OF CONGRESS Chair has examined the Journal of the Money doesn’t buy time. It would cer- last day’s proceedings and announces tainly help if every worker had the The SPEAKER pro tempore laid be- to the House his approval thereof. choice to receive comp time when they fore the House the following commu- Pursuant to clause 1, rule I, the Jour- put in extra hours. nication from Jennifer Butler-Taylor, nal stands approved. Government shouldn’t be standing in Director of Constituent Services, the f the way. There are a lot of moms and Honorable ROBERT ADERHOLT, Member a few grandmas in the Republican Con- of Congress: PLEDGE OF ALLEGIANCE ference, and we want a solution for HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Will the American families. That solution is the Washington, DC, April 29, 2013. gentlewoman from North Carolina (Ms. Working Families Flexibility Act. Our Hon. JOHN A. BOEHNER, Speaker, House of Representatives, FOXX) come forward and lead the House legislation will ensure all workers, Washington, DC. in the Pledge of Allegiance. whether public or private, benefit from DEAR MR. SPEAKER: This is to notify you Ms. FOXX led the Pledge of Alle- the flexibility of choices in overtime formally pursuant to Rule VIII of the Rules giance as follows: compensation.

VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.002 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2409 THE REMARKABLE RESILIENCE OF have 1 week to review any bill and pro- (1) in paragraph (4) by striking the ‘‘and’’ THE CITIZENS OF WEST, TEXAS posed amendments before voting on after the semicolon; (2) in paragraph (5) by striking the period (Mr. BURGESS asked and was given passage. It requires legislation be passed by rollcall, and it makes legisla- and inserting ‘‘; and’’; and permission to address the House for 1 (3) by inserting at the end the following minute and to revise and extend his re- tion easier to read by requiring that we new paragraph: marks.) show, in context, how bills would affect ‘‘(6) notwithstanding section 8905(b)(7) of Mr. BURGESS. Mr. Speaker, this existing law. title 40, United States Code— past Friday, I visited the town of West, It is a basic moral question that a ‘‘(A) the Secretary of the Interior shall Texas, to see for myself how the inves- Member of Congress should only vote allow the Vietnam Veterans Memorial Fund, tigation of the fertilizer plant explo- to pass legislation having read and un- Inc. to acknowledge donor contributions to derstood it. Every law affects how the the visitor center by displaying, inside the sion is proceeding. The town has suf- visitor center, an appropriate statement or fered incredible losses, but I was im- American people live: who prospers and who suffers, who receives help and who credit acknowledging the contribution; pressed by the resilience of the people ‘‘(B) donor contribution acknowledgments is hurt, who is regulated and who bene- in West, and it is remarkable how the shall be displayed in a form approved by the community has come together after fits. We cannot pass laws without Secretary of the Interior and for a period of that tragedy. knowing what they do. time commensurate with the level of the No legislation should be passed under It is at the very beginning stages of contribution and the life of the facility; cover of procedure. It is our duty to be collecting the facts and findings into ‘‘(C) the Vietnam Veterans Memorial Fund transparent to our constituents, and I shall bear all expenses related to the display how these events transpired. I have hope Members on both sides of the aisle of donor acknowledgments; been working closely with the staff on will agree that this is an important ‘‘(D) prior to the display of donor acknowl- the Energy and Commerce Committee step to rebuilding the trust between edgments, the Vietnam Veterans Memorial who are looking into the voluminous Fund, Inc. shall submit to the Secretary for the American people and Congress. material on the matter and will con- approval, its plan for displaying donor ac- tinue to oversee the Federal Govern- f knowledgments; ment’s response to this tragedy as the RECESS ‘‘(E) such plan shall include the sample investigation unfolds. text and types of the acknowledgments or The SPEAKER pro tempore. Pursu- credits to be displayed and the form and lo- I wanted to personally thank Assist- ant to clause 12(a) of rule I, the Chair cation of all displays; ant State Fire Marshal Kelly Kistner; declares the House in recess until ap- ‘‘(F) the Secretary shall approve the plan, the ATF agents who handled the Fed- proximately 5 p.m. today. if the Secretary determines that the plan— eral investigation; the FEMA coordi- Accordingly (at 2 o’clock and 8 min- ‘‘(i) allows only short, discrete, and unob- nating officer, Kevin Hannes; and the utes p.m.), the House stood in recess. trusive acknowledgments or credits; district director for Congressman BILL ‘‘(ii) does not permit any advertising slo- f FLORES, Timothy Head. I want to gans or company logos; and thank each of them for their service to b 1707 ‘‘(iii) conforms to applicable National Park Service guidelines for indoor donor recogni- our country and to the community of AFTER RECESS tion; and West. God bless our State. The recess having expired, the House ‘‘(G) if the Secretary of the Interior deter- f was called to order by the Speaker pro mines that the proposed plan submitted under this paragraph, does not meet the re- IMMIGRATION BILL OPPOSED tempore (Mr. COLLINS of New York) at 5 o’clock and 7 minutes p.m. quirements of this paragraph, the Secretary (Mr. SMITH of Texas asked and was shall— given permission to address the House f ‘‘(i) advise the Vietnam Veterans Memorial for 1 minute and to revise and extend ANNOUNCEMENT BY THE SPEAKER Fund, Inc. not later than 30 days after re- his remarks.) PRO TEMPORE ceipt of the proposed plan of the reasons that Mr. SMITH of Texas. Mr. Speaker, such plan does not meet the requirements; The SPEAKER pro tempore. Pursu- and National Review and The Heritage ant to clause 8 of rule XX, the Chair ‘‘(ii) allow the Vietnam Veterans Memorial Foundation both oppose the Senate im- will postpone further proceedings Fund, Inc. to submit a revised donor recogni- migration bill for many good reasons. today on motions to suspend the rules tion plan.’’. There is no deadline for secure bor- on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- ders, yet millions of illegal immigrants and nays are ordered, or on which the ant to the rule, the gentleman from would be given amnesty 6 months after vote incurs objection under clause 6 of Alaska (Mr. YOUNG) and the gentleman the bill is enacted. This would only en- rule XX. from Arizona (Mr. GRIJALVA) each will courage more illegal immigration. Record votes on postponed questions control 20 minutes. The Senate immigration bill would will be taken later. The Chair recognizes the gentleman double the already record 1 million from Alaska. legal immigrants admitted every year. f Most Americans oppose this and in- VIETNAM VETERANS DONOR GENERAL LEAVE stead want to make sure that current ACKNOWLEDGMENT ACT OF 2013 Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all Mem- immigrants are assimilated. Mr. YOUNG of Alaska. Mr. Speaker, I bers have 5 legislative days to revise The bill puts foreign workers ahead move to suspend the rules and pass the and extend their remarks and include of the interests of American workers bill (H.R. 588) to provide for donor con- extraneous materials on the bill under and the economic needs of our country. tribution acknowledgments to be dis- consideration. Mr. Speaker, it is inconceivable that played at the Vietnam Veterans Memo- The SPEAKER pro tempore. Is there an immigration bill with these huge rial Visitor Center, and for other pur- objection to the request of the gen- flaws would be approved. poses. tleman from Alaska? f The Clerk read the title of the bill. The text of the bill is as follows: There was no objection. READ THE BILLS ACT H.R. 588 Mr. YOUNG of Alaska. I yield myself (Mr. BENTIVOLIO asked and was Be it enacted by the Senate and House of Rep- such time as I may consume. given permission to address the House resentatives of the United States of America in Mr. Speaker, last year, Jan Scruggs, for 1 minute and to revise and extend Congress assembled, president of the Vietnam Veterans Me- his remarks.) SECTION 1. SHORT TITLE. morial Fund, came to my office and Mr. BENTIVOLIO. Mr. Speaker, I rise This Act may be cited as the ‘‘Vietnam told me about an absurd fund-raising today to introduce the Read the Bills Veterans Donor Acknowledgment Act of problem he had. He told me that in Act to provide transparency and ac- 2013’’. order to build a much-needed education countability from all of us to our con- SEC. 2. DONOR CONTRIBUTION ACKNOWLEDG- center at the Vietnam Wall, he had to MENTS AT THE VIETNAM VETERANS stituents. MEMORIAL VISITOR CENTER. raise nearly $100 million of private Read the Bills would provide that Section 6(b) of Public Law 96–297 (16 U.S.C. money. Normally, this would not be a Members of Congress and the public 431 note) is amended— big problem; however, in this case,

VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.005 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2410 CONGRESSIONAL RECORD — HOUSE May 6, 2013 VVMF had to raise all of this $100 mil- whether a broader amendment to the (4) The land adjacent to the Mountain lion without the ability to recognize Commemorative Works Act, setting Meadow Cemetery to the Mountain Meadow their donors because current law did standards for donor acknowledgment Cemetery Association. not allow donor recognition. for all memorials covered under the (5) The Roubaix Cemetery to the Roubaix Mr. Speaker, I think we can agree Cemetery Association. act, makes sense, but that project (6) The Nemo Cemetery to the Nemo Ceme- that it is ridiculous to force any orga- should not slow down this legislation. tery Association. nization to fund-raise without the abil- Again, I thank Congressman YOUNG (7) The Galena Cemetery to the Galena ity to recognize donors. How are we for his leadership, the leadership of the Historical Society. supposed to raise any money? Even the foundation, and others who have (8) The Rockerville Cemetery to the National Park Service understands the worked very hard on this issue for the Rockerville Community Club. importance of donor recognition. I per- past 2 years. (9) The Cold Springs Cemetery (including sonally have seen hundreds of benches Mr. Speaker, I yield back the balance adjacent school yard and log building) to the in national parks all across this coun- of my time. Cold Springs Historical Society. try that have little metal plaques on Mr. YOUNG of Alaska. Mr. Speaker, I (c) CONDITION OF CONVEYANCE.—Each con- them thanking people for their gen- veyance under subsection (a) shall be subject yield back the balance of my time. to the condition that the recipient accept erous donations. The SPEAKER pro tempore. The the conveyed real property in its condition In spite of current law and this donor question is on the motion offered by at the time of the conveyance. recognition handicap, VVMF has raised the gentleman from Alaska (Mr. (d) USE OF LAND CONVEYED.—The lands over 25 percent of the nearly $100 mil- YOUNG) that the House suspend the conveyed under subsection (a) shall continue lion needed to build this education cen- rules and pass the bill, H.R. 588. to be used in the same manner and for the ter. My bill, H.R. 588, will give them The question was taken. same purposes as they were immediately the extra pulling power they need to The SPEAKER pro tempore. In the prior to their conveyance under this Act. quickly complete their fund-raising opinion of the Chair, two-thirds being (e) DESCRIPTION OF PROPERTY.—The exact and finally cross the $100 million finish in the affirmative, the ayes have it. acreage and legal description of each parcel of real property to be conveyed under sub- line. Mr. GRIJALVA. Mr. Speaker, on that Overall, my bill is very straight- section (a) shall be determined by surveys I demand the yeas and nays. satisfactory to the Secretary. The cost of the forward. It merely provides VVMF the The yeas and nays were ordered. survey for a particular parcel shall be borne ability to recognize their donors. This The SPEAKER pro tempore. Pursu- by the recipient of such parcel. recognition will lead to larger dona- ant to clause 8 of rule XX, further pro- (f) ADDITIONAL TERMS AND CONDITIONS.— tions, a faster fund-raising pace, and ceedings on this motion will be post- The Secretary may require such additional quick and timely construction of the poned. terms and conditions in connection with the conveyances under subsection (a) as the Sec- education center. It will also make the f act of giving more personal and more retary considers appropriate to protect the rewarding. Put simply, every donor de- BLACK HILLS CEMETERY ACT interests of the United States. serves a ‘‘thank you,’’ and my bill will Mr. YOUNG of Alaska. Mr. Speaker, I The SPEAKER pro tempore. Pursu- finally allow VVMF to give the ‘‘thank move to suspend the rules and pass the ant to the rule, the gentleman from you’’ their donors so rightly deserve. bill (H.R. 291) to provide for the con- Alaska (Mr. YOUNG) and the gentleman b 1710 veyance of certain cemeteries that are from Arizona (Mr. GRIJALVA) each will located on National Forest System control 20 minutes. Also, in order to ensure that appro- land in Black Hills National Forest, The Chair recognizes the gentleman priate standards for donor recognition South Dakota. from Alaska. were met, I made sure that H.R. 588 The Clerk read the title of the bill. GENERAL LEAVE dovetailed exactly with existing Parks The text of the bill is as follows: Mr. YOUNG of Alaska. Mr. Speaker, I Service guidelines. This regulatory H.R. 291 overlap ensures that any donor rec- ask unanimous consent that all Mem- Be it enacted by the Senate and House of Rep- bers may have 5 legislative days in ognition will be discreet, unobtrusive, resentatives of the United States of America in and will not contain any advertising or Congress assembled, which to revise and extend their re- company logos. SECTION 1. SHORT TITLE. marks and include extraneous mate- Mr. Speaker, H.R. 588 is supported by This Act may be cited as the ‘‘Black Hills rials on the bill under consideration. numerous veterans’ organizations, in- Cemetery Act’’. The SPEAKER pro tempore. Is there cluding the VFW, the American Gold SEC. 2. LAND CONVEYANCES, CERTAIN CEME- objection to the request of the gen- Star Mothers, the Iraq and Afghanistan TERIES LOCATED IN BLACK HILLS tleman from Alaska? Veterans of America, and the Military NATIONAL FOREST, SOUTH DAKOTA. There was no objection. Order of the Purple Heart, among (a) CEMETERY CONVEYANCES REQUIRED.— The Secretary of Agriculture shall convey, Mr. YOUNG of Alaska. Mr. Speaker, I many others. I urge my colleagues to without consideration, to the local commu- yield such time as she may consume to support the quick passage this bill. nities in South Dakota that are currently the gentlewoman from South Dakota I reserve the balance of my time. managing and maintaining certain commu- (Mrs. NOEM), the author of the bill, to Mr. GRIJALVA. Mr. Speaker, I yield nity cemeteries (as specified in subsection explain the bill. myself such time as I may consume. (b)) all right, title, and interest of the United (Mr. GRIJALVA asked and was given Mrs. NOEM. Mr. Speaker, I thank the States in and to— chairman for his work on these impor- permission to revise and extend his re- (1) the parcels of National Forest System marks.) land containing such cemeteries; and tant issues. I appreciate it. Mr. GRIJALVA. Mr. Speaker, I want (2) up to an additional two acres adjoining Today I rise in support of H.R. 291, to thank Congressman YOUNG for his each cemetery in order to ensure the convey- the Black Hills Cemetery Act. This bill work on this legislation, and I am very ances include unmarked gravesites and allow is of great importance to the commu- proud to be a cosponsor. for expansion of the cemeteries. nities of the Black Hills area of South (b) PROPERTY AND RECIPIENTS.—The prop- H.R. 588 allows the Vietnam Veterans Dakota. The Black Hills of South Da- erties to be conveyed under subsection (a), kota are home to a number of historic Memorial Fund to acknowledge donor and the recipients of each property, are as contributions to the Vietnam Veterans follows: cemeteries. Many of these originated Memorial Visitor Center. The Memo- (1) The Silver City Cemetery to the Silver in old mining towns dating back to the rial Fund has raised $45 million in pri- City Volunteer Fire Department. 1800s, and they have unique signifi- vate funds and anticipates the cost of (2) The Hayward Cemetery to the Hayward cance to the communities surrounding the center to be approximately $85 mil- Volunteer Fire Department. them. These include the Englewood, lion. This legislation is specific to the (3) The encumbered land adjacent to the Galena, Hayward, Mountain Meadows, Englewood Cemetery (encompassing the Vietnam Veterans Memorial Visitor Roubaix, Nemo, Rockerville, Silver cemetery entrance portal, access road, City, and the Cold Springs cemeteries. Center and deserves immediate atten- fences, 2,500 gallon reservoir and building tion. housing such reservoir, and piping to provide These cemeteries are currently being I am hopeful that subcommittee sprinkling system to the cemetery) to the managed by local cemetery associa- Chairman BISHOP and I might explore City of Lead. tions and community groups in the

VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.007 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2411 surrounding areas, but have been tech- The SPEAKER pro tempore. Pursu- SEC. 5. WATER RIGHTS. nically owned by the U.S. Forest Serv- ant to clause 8 of rule XX, further pro- (a) IN GENERAL.—There shall not be Fed- ice since the 1900s. This causes unnec- ceedings on this motion will be post- eral reserved rights to surface water or groundwater for any land taken into trust by essary liability for the U.S. Forest poned. the United States for the benefit of the Tribe Service because of the responsibility f under this Act. for upkeep and dealing with possible PASCUA YAQUI TRIBE TRUST (b) STATE WATER RIGHTS.—The Tribe re- vandalism or damage to property in tains any right or claim to water under LAND ACT these cemeteries. State law for any land taken into trust by At almost no cost to taxpayers, the Mr. YOUNG of Alaska. Mr. Speaker, I the United States for the benefit of the Tribe Black Hills Cemetery Act would simply move to suspend the rules and pass the under this Act. (c) FORFEITURE OR ABANDONMENT.—Any transfer ownership of these cemeteries bill (H.R. 507) to provide for the con- veyance of certain inholdings owned by water rights that are appurtenant to land and up to 2 acres of adjacent land to taken into trust by the United States for the the caretaking communities. They the United States to the Pascua Yaqui benefit of the Tribe under this Act may not have managed them for generations Tribe of Arizona, and for other pur- be forfeited or abandoned. under special use permits issued by the poses. (d) ADMINISTRATION.—Nothing in this Act Forest Service. It also makes clear The Clerk read the title of the bill. affects or modifies any right of the Tribe or that these cemeteries will continue to The text of the bill is as follows: any obligation of the United States under Public Law 95–375 (25 U.S.C. 1300f et seq.). be used for the same purpose as they H.R. 507 always have been in the past. Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- I sponsored this bill at the request of resentatives of the United States of America in ant to the rule, the gentleman from these communities and the current Congress assembled, Alaska (Mr. YOUNG) and the gentleman caretakers of the cemeteries, and in SECTION 1. SHORT TITLE. from Arizona (Mr. GRIJALVA) each will This Act may be cited as the ‘‘Pascua control 20 minutes. consultation with the U.S. Forest Serv- Yaqui Tribe Trust Land Act’’. ice. In fact, this bill was introduced The Chair recognizes the gentleman SEC. 2. DEFINITIONS. from Alaska. and passed last year by the House with For the purposes of this Act, the following GENERAL LEAVE broad, bipartisan support. I look for- definitions apply: ward to seeing this bill pass again this (1) DISTRICT.—The term ‘‘District’’ means Mr. YOUNG of Alaska. Mr. Speaker, I year, and pass through the Senate this the Tucson Unified School District, a school ask unanimous consent that all Mem- time so we can resolve this matter for district recognized as such under the laws of bers may have 5 legislative days in the communities in South Dakota. the State of Arizona. which to revise and extend their re- (2) MAP.—The term ‘‘map’’ means the map I would like to thank the commu- marks and include extraneous mate- titled ‘‘PYT Land Department’’ and dated rials on the bill under consideration. nities and local residents for their help January 15, 2013. in working with my office and for advo- The SPEAKER pro tempore. Is there (3) SECRETARY.—The term ‘‘Secretary’’ objection to the request of the gen- cating for this bill. I would also like to means the Secretary of the Interior. tleman from Alaska? thank Chairmen HASTINGS and BISHOP (4) TRIBE.—The term ‘‘Tribe’’ means the There was no objection. and their staffs for pushing this bill Pascua Yaqui Tribe of Arizona, a federally Mr. YOUNG of Alaska. Mr. Speaker, I forward for the second time. These recognized Indian tribe. yield myself such time as I may con- communities have been asking for a so- SEC. 3. LANDS TO BE HELD IN TRUST. sume. lution to this situation for a number of (a) PARCEL A.—Subject to subsection (c) and to valid existing rights, all right, title, Mr. Speaker, H.R. 507 directs the Sec- years, and as their Representative, I’m and interest of the United States in and to retary of the Interior to take two 10- glad that we have the opportunity to the approximately 10 acres of Federal lands acre parcels into trust for a tribe in Ar- pass this bill again in the House today. generally depicted on the map as Parcel A izona. These two parcels are both com- I want to thank Chairman YOUNG for are declared to be held in trust by the United pletely surrounded by either the tribe’s his leadership as well, and I urge my States for the benefit of the Tribe. reservation or by fee lands owned by colleagues to support and pass this bill (b) PARCEL B.—Subject to subsection (c) and valid existing rights, all right, title, and the tribe. Before the parcels can be for these communities in South Da- taken into trust, however, the Tucson kota. interest of the United States in and to the approximately 10 acres of Federal lands gen- Unified School District will first need Mr. GRIJALVA. Mr. Speaker, I yield erally depicted on the map as Parcel B are to relinquish its possessory interest in myself such time as I may consume. declared to be held in trust by the United one parcel. The school district no H.R. 291 conveys cemeteries, cur- States for the benefit of the Tribe. longer needs the land, which it had pre- rently on Forest Service lands, to com- (c) EFFECTIVE DATE.—Subsections (a) and viously received under the Recreation munities in South Dakota. These local (b) shall take effect on the day after the date and Public Purposes Act. communities already manage and on which— (1) the District relinquishes all right, title, The Secretary of the Interior will maintain these cemeteries and the leg- also need to approve a lease agreement islation requires that these lands con- and interest of the District in and to the land described in subsection (b); and between the tribe and the school dis- tinue to be used for cemetery purposes. (2) the Secretary (or a delegate of the Sec- trict for the construction and oper- We have no objections to the legisla- retary) approves and records the lease agree- ation of a regional transportation facil- tion. ment between the Tribe and the District for ity on the tribe’s land. With that, I reserve the balance of the construction and operation of a regional Both parcels would be utilized as part my time. transportation facility located on the re- of a golf course that is currently under stricted Indian land of the Tribe in accord- Mr. YOUNG of Alaska. Mr. Speaker, I construction. Neither parcel is nec- have no further speakers. ance with the requirements of the first sec- tion of the Act entitled ‘‘An Act to authorize essary for the construction of the golf Mr. GRIJALVA. Mr. Speaker, I yield course, but if the tribe does not acquire back the balance of my time. the leasing of restricted Indian lands for pub- lic, religious, educational, recreational, resi- and use these parcels, they will be or- Mr. YOUNG of Alaska. Mr. Speaker, I dential, business, and other purposes requir- phaned and of relatively no use to ei- yield back the balance of my time. ing the grant of long-term leases’’, approved ther the tribe or to the United States. The SPEAKER pro tempore. The August 9, 1955 (25 U.S.C. 415), and part 162 of As has become customary when tak- question is on the motion offered by title 25, Code of Federal Regulations (includ- ing land into trust, the bill includes the gentleman from Alaska (Mr. ing successor regulations). language that prohibits any gaming on YOUNG) that the House suspend the SEC. 4. GAMING PROHIBITION. the two parcels to be taken into trust. rules and pass the bill, H.R. 291. The Tribe may not conduct gaming activi- ties on the lands held in trust under this Act, Finally, I would like to commend the The question was taken. gentleman from Arizona for his bill, The SPEAKER pro tempore. In the as a matter of claimed inherent authority, or under the authority of any Federal law, in- and I urge its adoption. opinion of the Chair, two-thirds being cluding the Indian Gaming Regulatory Act I reserve the balance of my time. in the affirmative, the ayes have it. (25 U.S.C. 2701 et seq.) or under any regula- b 1720 Mr. GRIJALVA. Mr. Speaker, on that tions thereunder promulgated by the Sec- I demand the yeas and nays. retary or the National Indian Gaming Com- Mr. GRIJALVA. Mr. Speaker, I yield The yeas and nays were ordered. mission. myself such time as I may consume.

VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.010 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2412 CONGRESSIONAL RECORD — HOUSE May 6, 2013 H.R. 507 is an important piece of leg- The first electronic vote will be con- Kelly (PA) Neal Schweikert islation that will enable the Pascua ducted as a 15-minute vote. Remaining Kennedy Negrete McLeod Scott (VA) Kildee Neugebauer Scott, Austin Yaqui Tribe in my district in Arizona electronic votes will be conducted as 5- Kilmer Noem Scott, David to consolidate its landholdings and re- minute votes. Kind Nolan Sensenbrenner move two isolated, undeveloped parcels King (IA) Nugent Serrano King (NY) Nunes of land from the Bureau of Land Man- f Sessions Kingston O’Rourke Sewell (AL) agement responsibility. Kinzinger (IL) Olson Shea-Porter VIETNAM VETERANS DONOR Kirkpatrick Owens The two 10-acre parcels are islands of ACKNOWLEDGMENT ACT OF 2013 Sherman ‘‘trapped’’ Federal land surrounded by Kline Palazzo Shimkus Labrador Pallone Shuster Pascua Yaqui land on all sides. The The SPEAKER pro tempore. The un- LaMalfa Pascrell finished business is the vote on the mo- Simpson tribe is developing a golf course in this Lamborn Pastor (AZ) Sinema Lance Paulsen area, and conveying these two parcels tion to suspend the rules and pass the Sires Langevin Payne bill (H.R. 588) to provide for donor con- Slaughter to the tribe will make managing the Lankford Pearce Smith (NE) land easier for the tribe and the Fed- tribution acknowledgments to be dis- Larsen (WA) Pelosi Smith (NJ) played at the Vietnam Veterans Memo- Larson (CT) Perlmutter eral Government. Smith (TX) rial Visitor Center, and for other pur- Latham Perry Without this legislation, the tribe Latta Peters (CA) Smith (WA) would have to design around the par- poses, on which the yeas and nays were Levin Peterson Southerland cels, slowing down the project, weak- ordered. Lewis Petri Stewart The Clerk read the title of the bill. Lipinski Pingree (ME) Stivers ening economic development that will Stockman The SPEAKER pro tempore. The LoBiondo Pittenger benefit the entire Yaqui community. Loebsack Pitts Stutzman Passage of this bill will further the question is on the motion offered by Lofgren Pocan Swalwell (CA) Federal Government’s responsibility to the gentleman from Alaska (Mr. Long Poe (TX) Takano YOUNG) that the House suspend the Lowenthal Polis Terry enhance tribal trust resources. Lowey Pompeo Thompson (CA) I want to thank my colleagues and rules and pass the bill. Lucas Posey Thompson (MS) the leadership within the Natural Re- The vote was taken by electronic de- Luetkemeyer Price (GA) Thompson (PA) sources Committee for making this bill vice, and there were—yeas 398, nays 2, Lujan Grisham Price (NC) Thornberry not voting 32, as follows: (NM) Quigley Tierney a priority for passage this session. I Luja´ n, Ben Ray Radel Tipton urge my colleagues to support H.R. 507, [Roll No. 129] (NM) Rahall Titus and I yield back the balance of my YEAS—398 Lummis Rangel Tonko time. Maffei Reed Tsongas Aderholt Coffman Gabbard Maloney, Sean Reichert Turner Mr. YOUNG of Alaska. Mr. Speaker, I Alexander Cohen Gallego Marchant Renacci Upton Amodei Cole Garamendi yield back the balance of my time. Marino Ribble Valadao Andrews Collins (GA) Garcia Massie Rice (SC) Van Hollen The SPEAKER pro tempore. The Bachus Collins (NY) Gardner Matheson Rigell Vargas question is on the motion offered by Barber Conaway Garrett Matsui Roby Veasey Barletta Connolly Gibbs the gentleman from Alaska (Mr. McCarthy (CA) Roe (TN) Vela Barr Conyers Gibson YOUNG) that the House suspend the McCarthy (NY) Rogers (AL) Vela´ zquez Barrow (GA) Cook Gohmert McCaul Rogers (MI) rules and pass the bill, H.R. 507. Barton Cooper Goodlatte Visclosky McClintock Rokita Wagner The question was taken. Bass Costa Gosar McCollum Rooney Beatty Cotton Gowdy Walden The SPEAKER pro tempore. In the McDermott Ros-Lehtinen Walz Becerra Courtney Granger McGovern Roskam opinion of the Chair, two-thirds being Wasserman Benishek Cramer Graves (GA) McHenry Ross Schultz in the affirmative, the ayes have it. Bentivolio Crawford Grayson McIntyre Rothfus Waters Mr. YOUNG of Alaska. Mr. Speaker, Bera (CA) Crenshaw Green, Al McKinley Roybal-Allard Watt Bilirakis Crowley Green, Gene McMorris Royce on that I demand the yeas and nays. Waxman Bishop (GA) Cuellar Griffin (AR) Rodgers Ruiz Weber (TX) The yeas and nays were ordered. Bishop (NY) Culberson Griffith (VA) McNerney Runyan The SPEAKER pro tempore. Pursu- Bishop (UT) Cummings Grijalva Meadows Ruppersberger Webster (FL) ant to clause 8 of rule XX, further pro- Black Daines Grimm Meehan Rush Welch Blackburn Davis (CA) Guthrie Wenstrup ceedings on this motion will be post- Meeks Ryan (OH) Blumenauer Davis, Danny Hahn Meng Ryan (WI) Whitfield poned. Bonamici Davis, Rodney Hall Messer Salmon Williams Bonner DeFazio Hanabusa Wilson (FL) f Mica Sa´ nchez, Linda Boustany DeGette Hanna Michaud T. Wilson (SC) RECESS Brady (PA) Delaney Harper Miller (FL) Sanchez, Loretta Wittman Brady (TX) DeLauro Harris Miller (MI) Sarbanes Womack The SPEAKER pro tempore. Pursu- Braley (IA) DelBene Hartzler Miller, Gary Scalise Woodall ant to clause 12(a) of rule I, the Chair Bridenstine Denham Hastings (WA) Miller, George Schakowsky Yarmuth Brooks (AL) Dent Heck (NV) declares the House in recess until ap- Moore Schiff Yoder Brooks (IN) DeSantis Heck (WA) Mullin Schneider Yoho proximately 6:30 p.m. today. Broun (GA) DesJarlais Hensarling Murphy (FL) Schock Young (AK) Accordingly (at 5 o’clock and 21 min- Brown (FL) Diaz-Balart Higgins Murphy (PA) Schrader Young (FL) Brownley (CA) Dingell Himes Napolitano Schwartz Young (IN) utes p.m.), the House stood in recess. Buchanan Doggett Hinojosa f Bucshon Doyle Holding NAYS—2 Burgess Duckworth Holt b 1831 Bustos Duffy Honda Amash Mulvaney Butterfield Duncan (SC) Horsford NOT VOTING—32 AFTER RECESS Calvert Duncan (TN) Hoyer Camp Edwards Hudson Bachmann Herrera Beutler Nunnelee The recess having expired, the House Campbell Ellmers Huelskamp Carter Jordan Peters (MI) was called to order by the Speaker pro Cantor Engel Huffman Cicilline Kuster Richmond tempore (Mr. WENSTRUP) at 6 o’clock Capito Enyart Huizenga (MI) Deutch Lee (CA) Rogers (KY) and 31 minutes p.m. Capps Eshoo Hultgren Ellison Lynch Rohrabacher Capuano Esty Hunter Fattah Maloney, Speier f Ca´ rdenas Farenthold Hurt Gerlach Carolyn Tiberi Carney Farr Israel Gingrey (GA) Markey Walberg ANNOUNCEMENT BY THE SPEAKER Carson (IN) Fincher Issa Graves (MO) McKeon Walorski PRO TEMPORE Cartwright Fitzpatrick Jackson Lee Gutierrez Moran Westmoreland Cassidy Fleischmann Jeffries Hastings (FL) Nadler Wolf The SPEAKER pro tempore. Pursu- Castor (FL) Fleming Jenkins ant to clause 8 of rule XX, proceedings Castro (TX) Flores Johnson (GA) Chabot Forbes Johnson (OH) b 1856 will resume on motions to suspend the Chaffetz Fortenberry Johnson, E. B. rules previously postponed. Chu Foster Johnson, Sam So (two-thirds being in the affirma- Votes will be taken in the following Clarke Foxx Jones tive) the rules were suspended and the order: Clay Frankel (FL) Joyce bill was passed. Cleaver Franks (AZ) Kaptur H.R. 588, H.R. 291, and H.R. 507, in Clyburn Frelinghuysen Keating The result of the vote was announced each case by the yeas and nays. Coble Fudge Kelly (IL) as above recorded.

VerDate Mar 15 2010 01:51 May 07, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.013 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2413 A motion to reconsider was laid on Joyce Murphy (PA) Scott (VA) A motion to reconsider was laid on the table. Kaptur Napolitano Scott, Austin the table. Keating Neal Scott, David Stated for: Kelly (IL) Negrete McLeod Sensenbrenner Stated for: Mr. CICILLINE. Mr. Speaker, on rollcall No. Kelly (PA) Neugebauer Serrano Mr. GRIMM. Mr. Speaker, on rollcall No. 129, had I been present, I would have voted Kennedy Noem Sessions 130 I was unavoidably detained and couldn’t Kildee Nolan ‘‘yea.’’ Sewell (AL) vote within the time allotted. Had I been Kilmer Nugent Shea-Porter f Kind Nunes Sherman present, I would have voted ‘‘yea.’’ King (IA) O’Rourke Shimkus Mr. HINOJOSA. Mr. Speaker, on rollcall No. King (NY) Olson Shuster BLACK HILLS CEMETERY ACT Kingston Owens 130, had I been present, I would have voted Simpson ‘‘yea.’’ The SPEAKER pro tempore. The un- Kinzinger (IL) Palazzo Sinema Kirkpatrick Pallone Sires finished business is the vote on the mo- Kline Pascrell f Slaughter tion to suspend the rules and pass the Labrador Pastor (AZ) Smith (NE) LaMalfa Paulsen bill (H.R. 291) to provide for the con- Smith (NJ) PASCUA YAQUI TRIBE TRUST Lamborn Payne veyance of certain cemeteries that are Smith (TX) Lance Pearce LAND ACT located on National Forest System Langevin Pelosi Smith (WA) Southerland The SPEAKER pro tempore. The un- land in Black Hills National Forest, Lankford Perlmutter finished business is the vote on the mo- South Dakota, on which the yeas and Latham Perry Stewart Stivers tion to suspend the rules and pass the nays were ordered. Latta Peters (CA) Levin Peterson Stockman bill (H.R. 507) to provide for the con- Stutzman The Clerk read the title of the bill. Lewis Petri veyance of certain land inholdings Lipinski Pingree (ME) Swalwell (CA) The SPEAKER pro tempore. The owned by the United States to the question is on the motion offered by LoBiondo Pittenger Takano Loebsack Pitts Terry Pascua Yaqui Tribe of Arizona, and for the gentleman from Alaska (Mr. Lofgren Pocan Thompson (CA) other purposes, on which the yeas and OUNG) that the House suspend the Long Poe (TX) Thompson (MS) Y nays were ordered. rules and pass the bill. Lowenthal Polis Thompson (PA) The Clerk read the title of the bill. This is a 5-minute vote. Lowey Pompeo Thornberry Lucas Posey Tierney The SPEAKER pro tempore. The The vote was taken by electronic de- Luetkemeyer Price (GA) Tipton question is on the motion offered by vice, and there were—yeas 390, nays 2, Lujan Grisham Price (NC) Titus the gentleman from Alaska (Mr. not voting 40, as follows: (NM) Quigley Tonko Luja´ n, Ben Ray Radel Tsongas YOUNG) that the House suspend the [Roll No. 130] (NM) Rahall Turner rules and pass the bill. YEAS—390 Lummis Rangel Upton This is a 5-minute vote. Maffei Reed Valadao Aderholt Clyburn Franks (AZ) Maloney, Sean Reichert Van Hollen The vote was taken by electronic de- Alexander Coble Frelinghuysen Marchant Renacci Vargas vice, and there were—yeas 401, nays 2, Amodei Coffman Fudge Marino Ribble Veasey Andrews Cohen Gabbard not voting 29, as follows: Matheson Rice (SC) Vela Bachus Cole Gallego Matsui Rigell Vela´ zquez [Roll No. 131] Barber Collins (GA) Garamendi McCarthy (CA) Roby Barletta Collins (NY) Garcia Visclosky YEAS—401 McCarthy (NY) Roe (TN) Wagner Barr Conaway Gardner McCaul Rogers (AL) Aderholt Castor (FL) Ellmers Barrow (GA) Connolly Garrett Walden Alexander Castro (TX) Engel McClintock Rogers (MI) Walz Barton Conyers Gibbs McCollum Rokita Amodei Chabot Enyart Wasserman Beatty Cook Gibson McDermott Rooney Andrews Chaffetz Eshoo Schultz Becerra Cooper Gohmert McGovern Ros-Lehtinen Bachus Chu Esty Waters Benishek Costa Goodlatte McHenry Roskam Barber Cicilline Farenthold Watt Bentivolio Cotton Gosar McIntyre Ross Barletta Clarke Farr Waxman Bera (CA) Courtney Gowdy McKinley Rothfus Barr Clay Fincher Weber (TX) Bilirakis Cramer Granger McMorris Roybal-Allard Barrow (GA) Cleaver Fitzpatrick Bishop (GA) Crawford Graves (GA) Rodgers Royce Webster (FL) Barton Clyburn Fleischmann Bishop (NY) Crenshaw Grayson McNerney Ruiz Welch Bass Coble Fleming Bishop (UT) Crowley Green, Al Meadows Runyan Wenstrup Beatty Coffman Flores Black Cuellar Green, Gene Meehan Ruppersberger Whitfield Becerra Cohen Forbes Blackburn Culberson Griffin (AR) Meeks Ryan (OH) Williams Benishek Cole Fortenberry Blumenauer Cummings Griffith (VA) Meng Ryan (WI) Wilson (FL) Bentivolio Collins (GA) Foster Bonamici Daines Grijalva Messer Salmon Wilson (SC) Bera (CA) Collins (NY) Foxx Bonner Davis (CA) Guthrie Mica Sanchez, Loretta Wittman Bilirakis Conaway Frankel (FL) Boustany Davis, Danny Hahn Michaud Sarbanes Womack Bishop (GA) Connolly Franks (AZ) Brady (PA) Davis, Rodney Hall Miller (FL) Scalise Woodall Bishop (NY) Conyers Frelinghuysen Brady (TX) DeFazio Hanabusa Miller (MI) Schakowsky Yarmuth Bishop (UT) Cook Fudge Braley (IA) DeGette Hanna Miller, Gary Schiff Yoder Black Cooper Gabbard Bridenstine Delaney Harper Miller, George Schneider Yoho Blackburn Costa Gallego Brooks (AL) DeLauro Harris Mullin Schock Young (AK) Blumenauer Cotton Garamendi Brooks (IN) DelBene Hartzler Mulvaney Schrader Young (FL) Bonamici Courtney Garcia Broun (GA) Dent Hastings (WA) Murphy (FL) Schwartz Young (IN) Bonner Cramer Gardner Brown (FL) DeSantis Heck (NV) Boustany Crawford Garrett Brownley (CA) DesJarlais Heck (WA) NAYS—2 Brady (PA) Crenshaw Gibbs Buchanan Diaz-Balart Hensarling Amash Massie Brady (TX) Crowley Gibson Bucshon Dingell Herrera Beutler Braley (IA) Cuellar Gohmert Burgess Doggett Higgins NOT VOTING—40 Bridenstine Culberson Goodlatte Bustos Doyle Himes Brooks (AL) Cummings Gosar Bachmann Jordan Peters (MI) Butterfield Duckworth Holding Brooks (IN) Daines Gowdy Bass Kuster Richmond Calvert Duffy Holt Broun (GA) Davis (CA) Granger Castro (TX) Larsen (WA) Rogers (KY) Camp Duncan (SC) Honda Brown (FL) Davis, Danny Graves (GA) Denham Larson (CT) Rohrabacher Campbell Duncan (TN) Horsford Brownley (CA) Davis, Rodney Grayson Deutch Lee (CA) Rush Cantor Edwards Hoyer Buchanan DeFazio Green, Al Ellison Lynch Sa´ nchez, Linda Capito Ellmers Hudson Bucshon DeGette Green, Gene Fattah Maloney, T. Capps Engel Huelskamp Burgess Delaney Griffin (AR) Gerlach Carolyn Schweikert Capuano Enyart Huffman Bustos DeLauro Griffith (VA) Gingrey (GA) Markey Speier Ca´ rdenas Eshoo Huizenga (MI) Butterfield DelBene Grijalva Graves (MO) McKeon Tiberi Carney Esty Hultgren Calvert Denham Grimm Grimm Moore Walberg Carson (IN) Farenthold Hunter Camp Dent Guthrie Gutierrez Moran Walorski Carter Farr Hurt Campbell DeSantis Hahn Hastings (FL) Nadler Westmoreland Cartwright Fincher Israel Cantor DesJarlais Hall Hinojosa Nunnelee Wolf Cassidy Fitzpatrick Issa Capito Diaz-Balart Hanabusa Castor (FL) Fleischmann Jackson Lee b 1905 Capps Dingell Hanna Chabot Fleming Jeffries Capuano Doggett Harper Chaffetz Flores Jenkins So (two-thirds being in the affirma- Ca´ rdenas Doyle Harris Chu Forbes Johnson (GA) tive) the rules were suspended and the Carney Duckworth Hartzler Cicilline Fortenberry Johnson (OH) bill was passed. Carson (IN) Duffy Hastings (WA) Clarke Foster Johnson, E. B. Carter Duncan (SC) Heck (NV) Clay Foxx Johnson, Sam The result of the vote was announced Cartwright Duncan (TN) Heck (WA) Cleaver Frankel (FL) Jones as above recorded. Cassidy Edwards Hensarling

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.016 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2414 CONGRESSIONAL RECORD — HOUSE May 6, 2013 Higgins McMorris Sa´ nchez, Linda b 1912 and solicitations on the Capitol Grounds, as Himes Rodgers T. well as other restrictions applicable to the Hinojosa McNerney Sanchez, Loretta So (two-thirds being in the affirma- Capitol Grounds, in connection with the Holding Meadows Sarbanes tive) the rules were suspended and the event. Holt Meehan Scalise bill was passed. Honda Meeks Schakowsky The concurrent resolution was agreed The result of the vote was announced Horsford Meng Schiff to. Messer Schneider as above recorded. Hoyer A motion to reconsider was laid on Hudson Mica Schock A motion to reconsider was laid on the table. Huelskamp Michaud Schrader the table. Huffman Miller (FL) Schwartz f Huizenga (MI) Miller (MI) Schweikert PERSONAL EXPLANATION Hultgren Miller, Gary Scott (VA) Mr. GRAVES of Missouri. Mr. Speaker, on REPORT ON RESOLUTION PRO- Hunter Miller, George Scott, Austin VIDING FOR CONSIDERATION OF Moore Monday, May 6 I missed three rollcall votes. Hurt Scott, David H.R. 1406, WORKING FAMILIES Israel Mullin Sensenbrenner Had I been present, I would have voted ‘‘yea’’ Issa Mulvaney Serrano on No. 129, No. 130, and No. 131. FLEXIBILITY ACT OF 2013 Jackson Lee Murphy (FL) Sessions Ms. FOXX, from the Committee on Jeffries Murphy (PA) Sewell (AL) f Napolitano Rules, submitted a privileged report Jenkins Shea-Porter AUTHORIZING THE USE OF THE Johnson (GA) Neal Sherman (Rept. No. 113–51) on the resolution (H. Johnson (OH) Negrete McLeod Shimkus CAPITOL GROUNDS FOR THE NA- Res. 198) providing for consideration of Neugebauer Johnson, E. B. Shuster TIONAL HONOR GUARD AND PIPE the bill (H.R. 1406) to amend the Fair Johnson, Sam Noem Simpson BAND EXHIBITION Jones Nolan Sinema Labor Standards Act of 1938 to provide Joyce Nugent Sires Mr. BARLETTA. Mr. Speaker, I ask compensatory time for employees in Kaptur Nunes Slaughter unanimous consent that the Com- the private sector, which was referred O’Rourke Keating Smith (NE) mittee on Transportation and Infra- to the House Calendar and ordered to Kelly (IL) Olson Smith (NJ) Kelly (PA) Owens Smith (TX) structure be discharged from further be printed. Palazzo Kennedy Smith (WA) consideration of House Concurrent Res- f Kildee Pallone Southerland olution 32, and ask for its immediate Kilmer Pascrell Stewart CHIP GERDES Kind Pastor (AZ) Stivers consideration in the House. King (IA) Paulsen Stockman The Clerk read the title of the con- (Mrs. WAGNER asked and was given King (NY) Payne Stutzman current resolution. permission to address the House for 1 Pearce Kingston Swalwell (CA) The SPEAKER pro tempore (Mr. minute.) Kinzinger (IL) Pelosi Takano Kirkpatrick Perlmutter Terry COOK). Is there objection to the request Mrs. WAGNER. Mr. Speaker, today, I Perry Kline Thompson (CA) of the gentleman from Pennsylvania? want to honor a legendary man, a loyal Peters (CA) Labrador Thompson (MS) Peterson There was no objection. soldier in the battle for freedom in this LaMalfa Thompson (PA) Petri The text of the concurrent resolution great country—Chip Gerdes of my Lamborn Thornberry Pingree (ME) Lance Tierney is as follows: neighboring State of Illinois. Pittenger Langevin Tipton Chip suddenly passed away this Pitts H. CON. RES. 32 Lankford Titus Pocan Resolved by the House of Representatives (the morning in his home, where he was a Larson (CT) Tonko Poe (TX) loving father and a devoted husband. Latham Tsongas Senate concurring), Polis Latta Turner SECTION 1. USE OF THE CAPITOL GROUNDS FOR He was a loyal friend to me and to my Pompeo Upton NATIONAL HONOR GUARD AND PIPE Levin Posey family and was a faithful patriot to so BAND EXHIBITION. Lewis Price (GA) Valadao many. Chip was the type of person we Lipinski Price (NC) Van Hollen (a) IN GENERAL.—The Grand Lodge of the all strive to be in politics: he reached LoBiondo Vargas Quigley Fraternal Order of Police and its auxiliary across all divides to bring people to- Loebsack Radel Veasey (in this resolution referred to as the ‘‘spon- Lofgren Rahall Vela gether for a common purpose. ´ sor’’) shall be permitted to sponsor a public Long Rangel Velazquez I know Chip is smiling down on all of Lowenthal Visclosky event, the National Honor Guard and Pipe Reed Band Exhibition (in this resolution referred us today, cracking a joke about how se- Lowey Reichert Wagner Lucas Renacci Walden to as the ‘‘event’’), on the Capitol Grounds, rious we are about a man who never Luetkemeyer Ribble Walz in order to allow law enforcement represent- missed an opportunity to lighten the Lujan Grisham Rice (SC) Wasserman atives to exhibit their ability to demonstrate mood—and who would always fire up (NM) Schultz Rigell Honor Guard programs and provide for a bag the room. Chip Gerdes will be missed Luja´ n, Ben Ray Roby Waters pipe exhibition. (NM) Watt by many, but his memory and his fight Roe (TN) ATE OF VENT Lummis Waxman (b) D E .—The event shall be Rogers (AL) held on May 14, 2013, or on such other date as will continue. Maffei Rogers (KY) Weber (TX) We love you, Chip. We already miss Maloney, Sean Rogers (MI) Webster (FL) the Speaker of the House of Representatives Marchant Rokita Welch and the Committee on Rules and Adminis- you, and we will never stop fighting for Marino Rooney Wenstrup tration of the Senate jointly designate. what you devoted your life to defend: Massie Ros-Lehtinen Whitfield SEC. 2. TERMS AND CONDITIONS. life, liberty, and the pursuit of happi- Matheson Roskam Williams (a) IN GENERAL.—Under conditions to be ness. Rest easy, my friend. We’ve got it Matsui Ross Wilson (FL) McCarthy (CA) Rothfus Wilson (SC) prescribed by the Architect of the Capitol from here. and the Capitol Police Board, the event shall McCarthy (NY) Roybal-Allard Wittman f McCaul Royce Womack be— McClintock Ruiz Woodall (1) free of admission charge and open to the SAFE CLIMATE CAUCUS McCollum Runyan Yarmuth public; and (Mr. WAXMAN asked and was given McDermott Ruppersberger Yoder (2) arranged not to interfere with the needs McGovern Rush Yoho of Congress. permission to address the House for 1 McHenry Ryan (OH) Young (AK) minute.) McIntyre Ryan (WI) Young (FL) (b) EXPENSES AND LIABILITIES.—The spon- McKinley Salmon Young (IN) sor shall assume full responsibility for all Mr. WAXMAN. Mr. Speaker, I rise expenses and liabilities incident to all activi- today to continue the work of the Safe NAYS—2 ties associated with the event. Climate Caucus in focusing on the Amash Herrera Beutler SEC. 3. EVENT PREPARATIONS. threats posed to our Nation by climate Subject to the approval of the Architect of change. NOT VOTING—29 the Capitol, the sponsor is authorized to The world’s top scientific institu- erect upon the Capitol Grounds such stage, Bachmann Kuster Nunnelee tions are all telling us that we have a Deutch Larsen (WA) Peters (MI) sound amplification devices, and other re- rapidly closing window to reduce our Ellison Lee (CA) Richmond lated structures and equipment, as may be Fattah Lynch Rohrabacher required for the event. carbon pollution before the cata- strophic impacts of climate change Gerlach Maloney, Speier SEC. 4. ENFORCEMENT OF RESTRICTIONS. Gingrey (GA) Carolyn Tiberi The Capitol Police Board shall provide for cannot be avoided. The World Bank re- Graves (MO) Markey Walberg cently answered the question of why Gutierrez McKeon Walorski enforcement of the restrictions contained in Hastings (FL) Moran Westmoreland section 5104(c) of title 40, United States Code, we should address climate change. Jordan Nadler Wolf concerning sales, advertisements, displays, Their report described what the world

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MY7.012 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2415 will look like if we continue on our knowledge of U.S. history and the Con- So I congratulate the mayor of the current path. stitution. city of Chicago; the chairman of the According to the World Bank, a I met with Amador Valley’s We the board of the City Colleges, Dr. Paula world that warms by 4 degrees Celsius People team while they were here, and Wolff; the chancellor, Cheryl Hyman; would suffer from unprecedented heat I was thoroughly impressed with their and all of the faculty and staff. This waves, the flooding of coastal cities, participation, preparation, and knowl- was the highest number of individuals increased risks of food and water scar- edge of our history, government, and who have ever graduated from the City city, severe droughts, and irreversible political system. The students’ love of Colleges of Chicago at one time. I con- damage to ecosystems. Coral reefs history and civics was welcome to see. gratulate them, all of the administra- would dissolve due to ocean acidifica- They’re truly a model for students tion and all of those who made it hap- tion unmatched in the Earth’s history. across the country. pen. Extreme heat waves would likely be- I also want to recognize their coach- f es, Brian Ladd and Mairi Wohlgemuth, come the new normal for summertime. TO OUR FRIENDS IN COLOMBIA With impacts like these, it is clear who worked tirelessly to organize the that we cannot allow 4 degrees of team and prepare the students for this (Mr. RADEL asked and was given warming to occur. There is widespread competition. permission to address the House for 1 agreement that we must act. Members Congratulations again to Amador minute.) Mr. RADEL. Mr. Speaker, I was re- of the House must take action. Valley High School and their students cently in the beautiful, spectacular, f from the We the People program. You make me, our region, and our country booming country of Colombia, in part b 1920 proud. reaffirming a relationship with our ally and friend, and also there to make sure HONORING CHIP GERDES f our investments are safe. (Mr. RODNEY DAVIS of Illinois TERRORIST ATTACK IN BENGHAZI, Our investments are safe, and they’re asked and was given permission to ad- LIBYA paying off by growing the Colombian dress the House for 1 minute.) (Mr. POE of Texas asked and was economy, and for you, the hardworking Mr. RODNEY DAVIS of Illinois. Mr. given permission to address the House American taxpayer, growing our econ- Speaker, I rise today without prepared for 1 minute.) omy right here in the United States. remarks but to join my colleague, ANN Mr. POE of Texas. Mr. Speaker, Free trade and economic freedom mean WAGNER, in honoring a great friend, ‘‘Benghazi happened a long time ago.’’ that both countries prosper. Their economy is growing and the in- Chip Gerdes. ‘‘What difference does it make?’’ come inequality gap is getting smaller Chip, a 41-year-old who leaves behind ‘‘Let’s get done with this, folks. I and smaller, meaning a larger middle a beautiful wife and a beautiful daugh- don’t think anybody lied to anybody. I class. When Colombia does well, the ter and is someone who was larger than do not want to spend the next year United States does well. And while we life in Illinois and in Illinois politics, coming up here talking about may have a few differences here and died this morning way too young. Benghazi.’’ there with other countries in Latin With Chip Gerdes, you never knew Mr. Speaker, these are statements America, let there be no doubt that Co- what that phone call was going to made by the President’s Pinocchio pup- lombia is a bright, shining example for bring when his name popped through pet press secretary, Jay Carney, and all of the world when we work to- on your caller ID, and it’s a phone call both the current and former Secre- gether. that I sadly stand here today to say I taries of State. So to our friends from all over Co- will never be able to take again. Americans are learning the White lombia: paisas, rolos, costenos, But it was my friendship with Chip House bungled Benghazi, and now it and friendship that he had with others vallunos, opitas, llaneros, y Calenos. faces accusations by whistleblowers of Using your native language, let’s like ANN, and many throughout Illinois intimidation and hiding the facts. continue to share our common dream and Missouri, that made us stand here Fearful of a terrorist attack, Ambas- today and honor him and honor his leg- of opportunidad y libertad para todos: sador Stevens asked for more security; opportunity and freedom for all. acy. calls for help were ignored; the cavalry Chip Gerdes, you were a friend to never came; and he and three others f many and a foe to none. Chip Gerdes, were murdered. But the White House WALK TO CREATE A WORLD FREE rest in peace, my friend, and I will say spinmaster said after the attack it was OF MULTIPLE SCLEROSIS this on the floor today in your honor: a ‘‘spontaneous protest’’ caused by a (Mr. THOMPSON of Pennsylvania ‘‘Roll Tide.’’ video. That was a made-up yarn. The asked and was given permission to ad- f attack was a carefully coordinated and dress the House for 1 minute and to re- calculated terrorist attack. CONGRATULATING AMADOR VAL- vise and extend his remarks.) So why did the administration inten- LEY HIGH SCHOOL’S ‘‘WE THE Mr. THOMPSON of Pennsylvania. tionally and knowingly mislead Ameri- PEOPLE’’ TEAM Mr. Speaker, this past Saturday, I had cans? the honor of participating in the Walk (Mr. SWALWELL of California asked The President told a graduating class to Create a World Free of Multiple and was given permission to address over the weekend to reject those who Sclerosis. Sponsored by the Pennsyl- the House for 1 minute and to revise say our government can’t be trusted. vania Chapter of the National MS Soci- and extend his remarks.) Well, Mr. Speaker, Benghazi is a per- ety, this Erie County event provided Mr. SWALWELL of California. Last fect example of why the national motto hope for people living with MS, their week, Amador Valley High School from is not ‘‘In Government We Trust.’’ families and loved ones. California, in my congressional dis- And that’s just the way it is. Nationwide, the Walk MS: 2013 cam- trict, competed in the national We the f paign will include 250,000 participants People competition held right here in across 700 cities to raise awareness and CONGRATULATING THE CITY Washington, D.C., and I’m proud to re- support for research and services for COLLEGES OF CHICAGO port that the students of Amador Val- those living with multiple sclerosis. ley High School’s We the People com- (Mr. DANNY K. DAVIS of Illinois Now, more than any time in history, petition team took second place out of asked and was given permission to ad- there are more therapies in develop- 44 participating teams representing dress the House for 1 minute.) ment for MS. Basic and clinical re- their States across the country. Mr. DANNY K. DAVIS of Illinois. Mr. search has led to the development of The We the People competition is Speaker, on Friday of last week, I had many of the approved disease-modi- held annually, where each State can the opportunity to attend the City Col- fying drugs for MS, including new oral send one team to Washington, D.C., to leges of Chicago’s graduation, seven medications. compete in mock congressional hear- city colleges with more than 4,000 grad- Congratulations to the National Mul- ings that test the high school students’ uates. tiple Sclerosis Society for having

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.022 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2416 CONGRESSIONAL RECORD — HOUSE May 6, 2013 trained or funded many of the leading call out from us. Family Promise is you live and how you live have a direct MS researchers creating these life- doing amazing things, and this is just effect on how long and how well you changing breakthroughs. one of those moments where you’re live. Until we address the persistent Mr. Speaker, I also want to thank very proud of a corporate entity like poverty that plagues our communities, Lori and Tommy Straub for inviting this, stepping up and working with the debilitating cost of health dispari- me to be a part of Team ‘‘Walk a Mye- Family Promise to help homeless fami- ties will continue to rise. lin My Shoes.’’ Together, we will con- lies around the country. According to the Joint Center for Po- tinue to work towards a world free of f litical and Economic Studies, health MS. disparities collectively cost minorities CBC HOUR: ELIMINATING HEALTH f more than $1.24 trillion from 2003 to DISPARITIES 2006. We must create and maintain a STOP CLOSING PUBLIC SCHOOLS The SPEAKER pro tempore. Under path toward greater health equity in IN AMERICA the Speaker’s announced policy of Jan- America. We can’t afford the status (Ms. JACKSON LEE asked and was uary 3, 2013, the gentleman from Ne- quo. given permission to address the House vada (Mr. HORSFORD) is recognized for Thankfully, a path to equity has for 1 minute.) 60 minutes as the designee of the mi- begun to take shape, a path that re- Ms. JACKSON LEE. Mr. Speaker, I nority leader. duces the rates of illness and pre- want to congratulate and thank the Mr. HORSFORD. Mr. Speaker, thank mature death and increases access to community of North Forest and the you. quality health care. The solution was North Forest Independent School Dis- We are pleased to come to this body and is the Affordable Care Act—or, as trict. at this time for this hour of power with it is known to many, ObamaCare. We This has been a tumultuous week. the Congressional Black Caucus. This are proud to call it ObamaCare because This school district, undeserving, has evening, we’d like to focus on elimi- it proves that the President and many fallen prey and victim to the closing of nating health disparities in America. in this Congress really do care about public schools in a public school sys- Health is a cornerstone of equal op- the health of Americans. tem—this district that has acceptable portunity, which is why access to qual- ObamaCare has already begun to schools; this district that has home- ity, affordable care is so important. lower the cost of health care by pro- owners who have taxed themselves to Sickness not only decreases individual viding financial relief for consumers, ensure excellence in the teaching of and social productivity, but without increasing insurance options, investing these children, 7,500 students that are access to health resources, many get in preventative and primary care, and happy to be in a small pond and be a sick and never truly recover. Over this placing a focus on minority health. The big fish. It is sad that the TEA admin- next hour, members of the Congres- ACA helps decrease health disparities istrator has undeservedly offered to sional Black Caucus will discuss our by collecting data, strengthening cul- close this school district without ac- priorities, working together with the tural training, and increasing diversity cepting an offer of compromise. President, our colleagues on the other in the health care field. These invest- This is time for the Secretary of Edu- side and throughout this body, and in ments are critically important and will cation to act on the massive closings of the other Chamber, to address the strengthen America’s financial future. public schools throughout America. needs of health care for all Americans, Some on the other side of the aisle This is time for the U.S. Department of and specifically to eliminate the health believe the status quo is sufficient, Justice to act on preventing the elimi- disparities in the African-American that health disparities are not real. nation of elected school board members communities. Some don’t believe that the impact of and utilizing section 5. I’d like to recognize the chair of the disparities on families is devastating. But more importantly, I want to Congressional Black Caucus. Under her That’s why a number of Republicans thank the ombudsman coalition headed leadership, the CBC is advancing a are again calling for the repeal of the by Dr. Ken Campbell and President number of priorities during this 113th ACA. How many times do we have to Robinson, the presidents of the Min- Congress. I yield to the gentlelady play this game? isters Alliance who carried on a prayer from Ohio, Chairwoman FUDGE. The CBC will continue to stand up, vigil this last week. I do believe that Ms. FUDGE. I thank the gentleman speak out and defend the Affordable prayers will be answered, the children for yielding, and I want to thank my Care Act against all of those who op- will be saved, and we’ll stop closing colleagues, both Congressmen pose it for political or ideological rea- public schools in America. HORSFORD AND JEFFRIES, again for sons. Attaining health equity is to the leading the Congressional Black Cau- benefit of all Americans, and is not f cus Special Order hour. This hour is to only consistent with the American b 1930 discuss health disparities. You both promise of opportunity, but it is crit- have done an incredible job carrying ical to the future of Black America. PETSMART PROMISE the message of the CBC on the House Mr. HORSFORD. At this time I would (Mr. SCHWEIKERT asked and was floor each week, and I thank you. like to recognize the vice chairman of given permission to address the House Mr. Speaker, the health disparities the Congressional Black Caucus, a for 1 minute and to revise and extend between African Americans and other leader on a number of key issues that his remarks.) racial and ethnic populations are strik- the Congressional Black Caucus is fac- Mr. SCHWEIKERT. Mr. Speaker, this ing. When compared with the country ing this 113th Congress, the gentleman is actually one of those moments when as a whole, African Americans are from North Carolina (Mr. you get to stand in front of the House three times more likely to die from di- BUTTERFIELD). with sort of a happy story. There’s an abetes. We account for about 44 percent Mr. BUTTERFIELD. Let me thank organization out there called Family of all new HIV infections among adults you, Mr. HORSFORD, for yielding time Promise. They are in 41 States with, I and adolescents, despite representing this evening, and thank you for your believe, about 160,000 volunteers, and only about 13 percent of the U.S. popu- leadership not only here in the Con- they’ve had an issue for years now. lation. African-American men can ex- gress but in the Congressional Black They bring in homeless families, but pect to live approximately 6 years less Caucus. You have come to this Con- often those homeless families would than White men. African-American gress, and you’ve done so much in such have a pet, a furry family member. women are twice as likely to give birth a short period of time. Thank you, Mr. Just this week, PetSmart set up to low-weight infants, and our children JEFFRIES and Ms. FUDGE as well, for PetSmart Promise. I actually got to are almost five times more likely to be your leadership. see this firsthand in Scottsdale, Ari- hospitalized for asthma. But, Mr. Speaker, I want to start this zona, where they actually are taking Though health disparities manifest conversation this evening by talking care of that furry friend of that home- in life-threatening ways, such as lower about a 1985 report. President Ronald less family that needs to get their life life expectancy and higher disease Reagan was President at the time, and back in order. So PetSmart gets a real rates, the root cause is poverty. Where the U.S. Department of Health and

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.024 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2417 Human Services issued a statement. insured too. That means nearly one- Mr. Speaker, in closing, I am con- They called health disparities in the third of all Americans were without fident that because of the Affordable United States of America ‘‘an affront the very basic insurance needed to see Care Act the delta of health disparities both to our ideals and to the ongoing a health care professional and receive in America will begin to shrink. No genius of American medicine.’’ care at an affordable price. matter the color of your skin or the It’s disgusting, Mr. Speaker, that in When President Barack Obama pro- amount of money you have, each and this year, 2013, health disparities still posed, and Congressional Democrats in- every American deserves high-quality exist in the richest and most powerful troduced, the Affordable Care Act, Re- health care so they can live long and country in the world. African Ameri- publicans stirred up for a battle. And prosperous lives. cans are disproportionately less they would scream in the town hall Mr. HORSFORD, I thank you so very healthy. Life-threatening diseases like meetings all across the country, and much for yielding time. high blood pressure, diabetes, and even right here on this House floor, Mr. HORSFORD. Thank you, Mr. heart disease are ravaging our popu- about how the bill would create death Vice Chairman, and thank you for your lation. panels that would decide if a person leadership and commitment on these Oftentimes African Americans that was worthy of receiving treatment for issues. And I know we will continue to live in rural communities, like the one a particular disease. That was not cor- fight and advocate for the preservation that I represent in North Carolina, rect. of the Affordable Care Act and, as you don’t have insurance, and they have They would insist that the bill would indicate, the proper implementation of difficulty finding a regular primary cut hundreds of millions of dollars that act with the expansion of Med- care doctor, and so they go without an from Medicare. Not correct. In fact, the icaid and the other key provisions of annual physical or regular checkups. Affordable Care Act specifically pro- the law which we need our local and Sometimes their only interaction with hibits cuts to the guaranteed Medicare State partners to work with us in pro- a health care provider is when they call benefits. viding quality health care for all They would bring out charts on this 911 because their unchecked blood pres- Americans. floor and graphs that showed how the sure resulted in a heart attack or GENERAL LEAVE Affordable Care Act will be a ‘‘job kill- stroke. By then it’s too late. If that Mr. HORSFORD. Mr. Speaker, I ask er’’ worse than we have ever experi- same person suffering from a stroke unanimous consent that all Members enced before. That turned out to be a would have had access to care, their have 5 legislative days to revise and ex- lie. tend their remarks on the subject of high blood pressure may have been di- The cost of health care has risen each agnosed early. this Special Order. year, insurance coverage has decreased The SPEAKER pro tempore. Is there b 1940 each year, and the amount of uncom- objection to the request of the gen- They may have been put on medica- pensated care has increased every year. tleman from Nevada? tion meant to regulate their condition, Mr. HORSFORD, here’s a statistic that There was no objection. making a heart attack or stroke less really stands out with me: in 1970, the Mr. HORSFORD. At this time I’d like likely. United States spent $75 billion on to yield to the chair of the Congres- Many African Americans do play an health care. That was 7.2 percent of sional Black Caucus’ Health Brain active role in their health care, but the GDP. In 2010, health care spending rep- Trust, the doctor in the House, the per- quality of the care they receive can be resented 17.9 percent of GDP and, if not son who knows more about health care for the Affordable Care Act, was ex- much worse than their white counter- than most, the honorable gentlewoman pected to reach 20 percent by the year parts, further widening the gulf of dis- from the Virgin Islands (Mrs. 2020. parities. CHRISTENSEN). The U.S. spends more of its dollars Mrs. CHRISTENSEN. Thank you, Mr. A significant driver of these dispari- for health care-related expenses than HORSFORD. Thank you and our other ties is the lack of health insurance, and any other country in the world, and the colleague, Mr. JEFFRIES, for hosting that’s what the gentlelady spoke about uncontrolled rise in the cost of health these Special Orders every week. It’s a moment ago. African Americans care would have been completely been with great pride that we’ve make up 13 percent of the entire popu- unsustainable if not for ObamaCare. watched our young new Members come lation, but account for more than 50 President Obama signed the Afford- to the floor and present the case so percent of all people who are unin- able Care Act into law and, with the forcefully and so effectively to the sured. stroke of a pen, revolutionized health American people and the disparities in African Americans are also likely to care in America. Insurance companies all areas that African Americans and have disproportionately lower access to can no longer deny coverage to people other people of color and the poor are primary care and often receive poorer with preexisting conditions or charge facing. quality care and face more barriers in them more than anyone else. There is Before I start, Representative BAR- seeking treatment for chronic-disease now no lifetime dollar limit on what BARA LEE of California could not be management. insurers will pay for claims. with us this evening, but her work on The Affordable Care Act that we’re Preventative visits to health care HIV and AIDS, and other areas in all so proud of was designed to put a providers are now free, yes, free, and health care, but specifically in HIV and premium on quality of care, increase even include some free vaccinations. AIDS, both here in the United States access, and encourage and reward good Young adults can now stay on their and across the globe, is worthy of rec- health care outcomes. I am a strong parents’ policy until they’re 26 years ognition; and I know that she’ll be en- supporter of the Affordable Care Act, old. And all new group health plans tering a statement for the RECORD on and my constituents in North Carolina now have to cover all recommendations some of the issues around HIV and are as well. by the U.S. Preventative Services Task AIDS. Every person should have access to Force. I want to just go back a little bit and affordable quality health care, regard- Now, millions of people in our coun- present a little bit of historical context less of who they are, where they come try, and in my congressional district on just how long this battle to elimi- from, or how much money they have in and, Mr. HORSFORD, in your congres- nate health disparities has been going their bank accounts. sional district, who were living without on. I’m going to go back—of course, it Before the Affordable Care Act was the most basic health insurance can goes back to slavery, but I want to go signed into law, 50 million people lived benefit from the most advanced health back to W.E.B. DuBois in 1899, when he without health insurance. An addi- care technology in the world. said, and I’m quoting: tional 38 million people had insurance, My only disappointment, Mr. Speak- There have been few other cases in the his- but it was woefully inadequate and er, is that some of our Republican Gov- tory of civilized peoples where human suf- charged them exorbitant coinsurance ernors and State legislatures across fering has been viewed with such peculiar in- payments and huge copays and com- the country are refusing to participate difference. pletely unmanageable out-of-pocket in the expansion of Medicaid. Shame And then 25 or so years later, and expenses, essentially making them un- on them. this was mentioned by Congressman

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.026 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2418 CONGRESSIONAL RECORD — HOUSE May 6, 2013 BUTTERFIELD, in 1985, the Heckler Re- lation and breast cancer diagnosed at and ethnic disparities in health. In a port, where it was said, and I’m an advanced age for women in the 1985 report, the United States Depart- quoting here: black population. Children zero to 40 ment of Health and Human Services There was a continuing disparity in the pounds—their families are not getting called health disparities in this coun- burden of dealt and illness experienced by advice in the Asian population about try ‘‘an affront both to our ideals and blacks and other minority Americans as seatbelts. Adults over 50 not receiving to the ongoing genius of American compared with our Nation’s population as a colonoscopy, sigmoidoscopy or any- medicine.’’ Now, decades later, health whole. thing in the American Indian and Alas- disparities still exist between black And as he said: kan Native populations. and white and rich and poor. The stubborn disparity remained. The So when looking at these reports A primary reason for these dispari- stubborn disparity remained an affront to coming back the same way year after ties is, quite frankly, the lack of health both our ideals and the genius of American year, the Tri-Caucus, the Black, His- insurance that has been a problem for medicine. panic and Asian Caucus, when we all these many years. For instance, Af- Surgeon General Heckler was very began to debate the Affordable Care rican Americans make up 13 percent of surprised by what that report found, Act and to write the Affordable Care the entire population but account for but when she asked her researchers, Act, we came together and said health more than half of all people who are well, why is this, the only answer that equity had to be a major and core goal uninsured. Blacks also have dispropor- they could give her is, it’s always been of health care reform. We were able to tionately lower access to primary care that way. insert into the bill many of the provi- and face more obstacles in seeking And so that stubborn indifference sions that we had worked on for many treatment. that W.E.B. DuBois mentioned in 1899 years to create health equity and to Across our Nation, health disparities continued into as far as 25 years later. begin to eliminate health disparities. continue to persist and widen in com- Almost 20 years later, the IOM issued So we call on all people across the munities historically marginalized as a its unequal treatment report which country to support us and make sure result of poverty and other social, eco- said: that all of those attempts to repeal the nomic and environmental barriers. In unassailable terms, the report found Affordable Care Act, which would close These communities are experiencing a that even when insurance and income are as the door that we have been able to high burden of life-threatening diseases the same as those of whites, minorities often receive fewer tests, less sophisticated treat- open for so many who have not had ac- and poor health outcomes. ment for a panoply of ailments, including cess to quality health care for so long— Population-based approaches such as heart disease, cancer, diabetes and HIV/ that door would not be closed again. recent efforts to reduce childhood obe- AIDS. Mr. HORSFORD. Thank you again to sity rates, while showing evidence of So even when you have insurance, the gentlelady from the Virgin Islands success, have been primarily focused on even when your educational level, even and the chair of the Congressional white children in affluent commu- when your income is the same, you are Black Caucus’ health brain trust for nities. For example, in a report re- still not getting the same treatment. laying out, again, the hard work that leased in 2012 by the CDC, New York And so it’s no wonder that African the Congressional Black Caucus has showed an overall decline of as much as Americans and other people of color been involved with for many years in 10 percent in obesity rates for kinder- have suffered from disparities for so getting to the point with the Afford- gartners. However, for poor black chil- long. able Care Act now on the cusp of being dren, the decline was only 1.9 percent, So in 2003, led then by Jesse Jackson, fully implemented in January of 2014. and for Hispanic children it was 3.4 per- Jr., we insisted that there be a report So when our colleagues on the other cent. every year on health disparities, a na- side spend time bringing up legislation In my district in Brooklyn, New tional report. And the very last one, so to repeal the Affordable Care Act now York, I represent a very large number we’re in our 11th year now, well, we’re more than 30 times after this legisla- of immigrants. Close to 40 percent of in our 10th year now, and the very last tion has been approved by Congress, it the residents are first- and second-gen- report shows very little change. has been upheld by the courts, it has eration Americans. Culturally signifi- been signed by the President, and the cant and linguistically tailored edu- b 1950 American public are desperate for qual- cation is required to address health dis- It showed that blacks received worse ity health care—that is why we are parities. This education is one of the care—it talks about quality—than coming here today to say enough is building blocks upon which improve- whites for 41 percent of quality meas- enough. Thirty times to repeal the Af- ments in early detection and screening ures. Hispanics receive worse care than fordable Care Act—how many more in these communities have been built. non-Hispanic whites for 39 percent of times will we waste the people’s, Health disparities are a serious mat- measures. Asians and American Indi- House’s and our time bringing these ter. According to the National Urban ans and Alaskan Natives receive worse issues forward when we need to be League’s State of Urban Health report, care than whites for nearly 30 percent working together to implement the Af- in 2009, health disparities cost the of quality measures. And in terms of fordable Care Act in the way that it is United States economy $82.2 billion. I access, blacks had worse access to care intended? firmly believe in prevention and ad- for 32 percent of access measures, At this time, I would like to yield to dressing health disparities, and that it Asians for 17 percent, American Indi- the second vice chair of the Congres- will go a long way in bringing these ans and Alaskan Natives for 62 percent, sional Black Caucus. She is a strong costs down. It is important that we and Hispanics 63 percent of the meas- leader for her constituents, the gentle- fully engage in a full implementation ures. lady from New York (Ms. CLARKE). of the Affordable Care Act. This will So as we look over the years from Ms. CLARKE. Thank you, very much, lead us to closing these disparities, this 1899 to 2011, which is what this report is Congressman HORSFORD, and I thank health disparity gap. on, there has been very, very little you for your leadership along with I look forward to working with my change. Among the themes that Congressman JEFFRIES in leading the colleagues in the Congressional Black emerge from the report, health care Special Order hour for the Congres- Caucus and, quite frankly, all Members quality and access are suboptimal, es- sional Black Caucus. of goodwill to find solid solutions to pecially for racial and ethnic minori- Mr. Speaker, I rise today to join my addressing health disparities in com- ties, and this is in 2011. I’m sure the re- colleagues in the Congressional Black munities of color across this Nation. port this year is not going to be any Caucus to raise awareness about health Having said that, Mr. Speaker, I different. Quality is improving, but dis- disparities that continue to affect ra- thank you for the time. parities are not improving. cial and ethnic minorities in the Mr. HORSFORD. Thank you to the There are several areas where dis- United States of America. Despite gentlelady from New York, and I appre- parities are worsening over time be- medical advances that save many lives ciate, again, all of her hard work and tween minorities and whites. Those are in our country, there has been very her commitment on these issues and maternal deaths in the black popu- limited progress in ending the racial her willingness to, again, reach across

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.028 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2419 the aisle as you said. We are here to parities in not having the appropriate I would like to yield now, Mr. Speak- work with anybody who wants to work diet or the exercise that is needed. So er, to the gentlelady from Texas, Con- with us to find solutions to the health we’ve got to tack on several fronts. gresswoman SHEILA JACKSON LEE. care crisis that exists in America. But We’ve never put enough resources into Ms. JACKSON LEE. I thank the con- we need them to understand that vot- the systems to make sure that they veners of this Special Order and ex- ing to repeal the Affordable Care Act is work properly and appropriately. We press my appreciation to Mr. HORSFORD not that solution. There are many need to put more money into health and to Mr. JEFFRIES for continuing to more things that we can do together to education, health promotion, health educate our colleagues on extremely provide access to health care than we awareness, so that individual citizens important issues. And I’m delighted to can by repealing this very important have a greater understanding of what join the Congressional Black Caucus as legislation. it is that they individually can do. it proceeds continuously to ensure that At this time, I would like to recog- Of course, people who know me know we advocate for those who cannot nize, Mr. Speaker, the gentleman from that I promote community health cen- speak for themselves. Illinois (Mr. DAVIS). ters as the best way of providing ambu- I want to take up an issue that has Mr. DANNY K. DAVIS of Illinois. Mr. latory health care to large numbers of struck home and is being confronted by Speaker, I want to first of all commend low-income people more effectively many States, some of which are in the our colleagues for coming here every than anything else we’ve come up with, South and some are in other places week raising issues and promoting with the exception of Medicare and throughout the Nation. I was very awareness. Tonight it is health care, Medicaid, in a long time. I still pro- pleased to stand with my fellow Demo- health care disparities. mote these institutions as being one of crats and support the Affordable Care I believe that the big problem with the best ways in local communities of Act. I could go through the journey of the eradication of the disparities is the having health care delivery where peo- 2009 and 2010, when many of us spread fact that we, as a nation, have not ple themselves are involved. These cen- out across the country and confronted committed ourselves to the concept ters provide jobs and work opportuni- misinformation through town hall that health care ought to be a right ties and help keep the money in the meetings, controversy, and and not a privilege. As the most tech- neighborhood so that the impact of conflictedness. nologically proficient nation on the poverty is not as great as it would be. I think that what should be continu- face of the Earth, as the wealthiest na- So, Mr. HORSFORD, again, I want to ously emphasized as the President’s tion with a quality of life for large thank you; I want to thank Mr. leadership on one single point: that al- numbers of people—that is commend- JEFFRIES; and I want to commend the though health care was not listed, per able—we still have not reached the caucus for raising the issues, pro- se, in the Constitution, it should be a point where we take the position that moting awareness, and helping, hope- constitutional right. If you read the every person, no matter what their sta- fully, to develop a different level of un- words or quote the words of the Dec- tus or circumstance, deserves the high- derstanding. Health care ought to be a laration of Independence, we hold these est quality of health care that our Na- right and not a privilege. truths to be self-evident, that we have certain unalienable rights of life, lib- tion can afford for them. Mr. HORSFORD. I’d like to thank erty, and the pursuit of happiness, one b 2000 the gentleman from Illinois and, again, might argue that education and health just to highlight, as you indicated, the So until we reach that point, we will care fall into those provisions of life, community health centers as an impor- continue to have studies and reports liberty, and the pursuit of happiness. tant provision of support within the and we will continue to look at dispari- It was in the context of that frame- health care delivery system. ties, and we’ll keep doing it and doing work in the original words of the Con- it and doing it and doing it again. Both rural and urban communities stitution that, as you open the book We will have legislation like the Af- suffer from the disproportionate dis- that has the provisions of the Constitu- fordable Care Act that is designed to tribution of health care resources and tion, the opening phraseology indicates close some of the gaps. And it does, in access to care. Community health care that we have come together to create a fact, close some of the gaps, and it’s centers play an important component more perfect Union. I think the Afford- commendable that we have done that. in overcoming that care, providing mil- able Care Act was intended to try and But I maintain that we have a health lions of health care services, particu- lift the boats of all people. care system that really is a sickness larly to people of color, access to high- Interestingly enough, major hos- care system. We do a good job of treat- quality and affordable care in both pitals across America were clamoring ing illnesses and sickness when people rural and urban areas. for the passage of this legislation to can get to the places where they get I know in my own district, in Ne- really do what we’re speaking about, the treatment. vada’s Fourth Congressional District, which is to cut into the health dispari- I had a call yesterday from a person we have 14 health centers throughout ties, because our hospitals across who suggested that they had gone to our region. From my rural parts to the America were suffering from not being the emergency room at the hospital urban parts, these are very important reimbursed on uncompensated care for and were given two Tylenol and sat in areas. But unfortunately, under the se- those people who came without insur- a room for a good period of time. When quester, Mr. Speaker, these are still ance. Many of them included African they inquired of the hospital why they areas that are under attack because Americans, who suffered in larger num- had done that, they told them, Well, cuts to these health care centers are bers from the difficulties with diabetes, it’s because of the ObamaCare; that still being imposed because of the un- for example. ObamaCare is causing this to happen to certainty of the sequester. Texas, which is now in the eye of the you. In my district, Nevada health cen- storm, is one of those States that has Now, the person actually has been on ters, they’re looking at over $700,000 rejected the expansion of Medicaid, Social Security disability for a long worth of reductions between now and which goes to the very point of increas- time, before there was any ObamaCare September; elimination of nursing po- ing opportunities for those who suffer and there was a way to pay for their sitions and elimination of services for disparities so they can have access to health care, and somebody took the op- children and seniors at a time when health care. That is largely the prob- portunity to misrepresent ObamaCare. people are sick and they need it the lem in Texas. Federal funding for the I would hope that people would not, es- most. adult expansion far exceeds current pecially people in the industry, people So I would hope that, again, we can local expenses for unreimbursed health in the business, would not do that. work together with Members on the care costs, having 3 years without any But I also urge individual citizens to other side to come up with solutions to match whatsoever and then having the take more responsibility for our replace the sequester and to fully fund ability to have a very small match health. You know, there’s still dispari- community health centers, who are later on. ties in smoking, still disparities in providing such good care to our citi- It is estimated that Medicaid expan- drinking too much alcohol, still dis- zens at this time. sion would generate more than 231,000

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.030 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2420 CONGRESSIONAL RECORD — HOUSE May 6, 2013 jobs in 2016, a 1.8 percentage point re- So I would make the argument to It is estimated that the Medicaid expan- duction in the State’s current unem- Governor Perry and to Governors sion would generate more than 231,000 jobs in ployment from 6.1 percent to 4.3 per- across the Nation who have rejected 2016, equivalent to a 1.8 percentage point re- duction in the state’s current unemployment cent, and it would directly address the the expanded Medicaid as a budget rate—from 6.1 percent to 4.3 percent. disparities in diabetes, heart disease, issue, as a political issue, as a ‘‘I’m STATE BENEFITS and HIV/AIDS, in partnership with our going to stand up to the President’’ In numerous programs, the state pays 100 federally qualified health clinics, issue, you are wrong, you are abso- percent for adult health care that Medicaid which many States have seen expanded lutely wrong, because this is not a po- would cover under an expansion. For exam- because of the Affordable Care Act. litical issue; this is a life and death ple, the Texas Department of Criminal Jus- And now in my home State, my city in question. And I want to applaud Gov- tice requested $186.5 million in state appro- particular, Central Care has now put ernors like those in Florida, who cer- priations for hospital inpatient and clinical more community health clinics in tainly, obviously, may not welcome the care for its inmates for 2014. The federal federal government contrib- areas where disparities were severe and applause. But I think it’s important utes nothing toward this purpose now, but lives were being lost. when people stand on principle or what with a Medicaid expansion, the state would It benefits children as well. I’d like is good for others, that they should be spend nothing on in-patient hospital care for to cite some numbers here for my col- applauded. eligible inmates from 2014 through 2016, and leagues to indicate what we would ben- So I applaud the Governor of Ohio a maximum of just 10 percent of these costs efit from by the expansion of Medicare. and the Governor of Florida for moving by 2020. Similarly, the expansion would cover eligible adults in state mental institutions b 2010 forward on Medicaid expansion. And I would say to my good friend, who is and juvenile facilities that need non-psy- chiatric hospital in-patient care. Unreimbursed health care costs for leading this very important Special charity care in 2010, for an estimated The state also spends unmatched general Order, that we need to begin to work revenue for community primary care serv- $4.4 billion in unreimbursed expenses. with the President to find ways to sub- ices, mental and behavioral health services We would be covering that. stitute the rejection of the Medicaid and, soon, women’s health care delivered to We would also get off the number one expansion so that individuals that are low-income individuals who are not eligible list. Texas, number one, ranking in these States who cannot speak for for Medicaid. Other programs include the among States with the greatest share breast and cervical cancer program, the kid- themselves, who in actuality have a ney health care program and the HIV Medi- of uninsured residents at 23.8 percent head of State Governor that is making in 2011, more than 6 million people, cation assistance and STD program. Fur- a political decision, a simple political thermore, the state supplements funding for compared with the national average of decision, will not lose out on the bene- the County Indigent Health Care (CIHC) pro- 15.7 percent. fits intended by the Affordable Care gram, much of which would be unnecessary And then, as I indicated, we would, Act, which is to give comfort and to under a Medicaid expansion. The state also again, eliminate the opportunity for give help and aid to those who need pays the regular state match for medically low-income adults to be able to secure health care. needy adults that currently qualify for Med- care. When low-income adults don’t get icaid. Under an expansion, the state would be I finish on this note. I want to thank able to use the high federal match rate for care, the children don’t get care. Dr. CHRISTENSEN, because when we So I am suggesting that the rejection newly eligible individuals not covered by began to write this legislation with the Medicare. by Governor Perry, along with other Congressional Black Caucus that, one, The Comptroller’s office estimates that Governors, to not accept expanded talked about the health care disparity, larger caseloads from a Medicaid expansion Medicaid has a direct impact on the in- which was the premise of the fact of ex- would net increased revenues from the insur- crease, not only of the uninsured, but panding health care, it would be a ance premium tax due to the large number of persons who will buy health insurance under the increase in the numbers of those shame if after all this work and pas- suffering from certain diseases who the exchange, as well as those covered in the sage of this bill there would be inno- expansion. The Comptroller estimates the cannot get care and, therefore, rather cent persons in our respective States increased insurance premium tax revenue than have preventative care, which an like Texas that could not benefit from due to ACA implementation and the Med- expansion of Medicaid would provide, something that could save lives. icaid expansion at $1.3 billion from 2015 allowing for doctor visits, then the I thank the gentleman for yielding. through 2019, or an average of $250 million a only time that we are able to secure year. WHY TEXAS SHOULD EXTEND MEDICAID In addition to these savings and new rev- health care for them is when they ar- COVERAGE TO LOW-INCOME ADULTS rive in the cities and the counties and enue that could offset the required state LOCAL BENEFITS match, the expansion would generate an ad- the States’ emergency rooms, where we Local savings from the expansion would ditional $1.8 billion in new tax revenue from see a surge in emergency room costs, offset much if not all of the state match in 2014 through 2017, assuming moderate enroll- health care costs, and we eliminate the 2016 and 2017. According to reports that cit- ment—enough to offset nearly half of the re- good will and the good intentions of a ies, counties, hospital districts and local hos- quired state match from 2014 through 2017. very good bill that answers the ques- pitals submit to the state, unreimbursed These jobs, many of them in health care, tion, are we attempting to form a more local health care spending in Texas that would provide substantial benefits and in- perfect union by establishing a frame- local property taxes largely support, totaled creased economic security to families and local communities. As employees spend their work of insurance for all Americans, $2.5 billion in 2011. In addition, Texas hos- pitals reported at least $1.8 billion in con- wages on taxable items, state and local gov- hardworking Americans, Americans of servatively estimated unreimbursed health ernments benefit from increased tax collec- Asian descent and African descent and care costs for charity care in 2010, for an es- tions, and the increased economic activity in Hispanic descent, who have different timated total of $4.4 billion in unreimbursed turn creates other jobs. DNA and cultural indices that would expenses BENEFITS TO CHILDREN lead them to have certain diseases The math is simple—federal funding for According to the Census Bureau, in 2011 more than others. the adult expansion far exceeds current local Texas had about 900,000 or 16.7 percent of the Let me also take note of the fact expenses for unreimbursed health care costs. nation’s 5 million uninsured children, and that one of those particular diseases Although the impact of the Medicaid expan- nearly 600,000 of the nation’s 3.5 million un- sion and ACA subsidized insurance would not that impacts the African American insured children with family incomes below entirely offset total local expenses, since not 200 percent FPL, again a 16.7 percent share. woman in a more devastating manner everyone currently receiving charity care, About 13.2 percent of all Texas children are than in others, and that is triple nega- such as undocumented immigrants, would be uninsured, compared to a national average of tive breast cancer that impacts His- eligible for these programs and since some 7.5 percent. panic women, African American women services may not be covered, much of it Bringing Texas up to the national average and Anglo women, but more so in the would. would require the state to insure an addi- African American community. That If necessary, the state could use some por- tional 393,000 children, less than the 550,000 kind of diagnosis gives in this current tion of these savings to fund the required expected to enroll in Medicaid under a Mod- match through an intergovernmental trans- erate scenario. After 2014, the national aver- phrase of time a short and almost dev- fer arrangement. Local governments and age will increase significantly since most astating diagnosis, one that is difficult hospitals would still realize a net gain over states will expand Medicaid, which means to recover from, one that sees an in- current costs from the federal funds the that, without the expansion, the disparity crease in the loss of life. match would generate. between Texas and other states will grow.

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.032 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2421 Studies conducted in the 1980s found that newly insured. In Texas, that would amount rently eligible but not enrolled ($3.012 bil- expanding Medicaid to children reduced child to about 5,700 lives saved per year under the lion) and the cost of shifting, called ‘‘crowd mortality by 5.1 percent and infant mor- Moderate enrollment scenario once fully im- out,’’ of currently insured individuals to tality by 8.5 percent. Assuming the lower 5.1 plemented. Medicaid ($0.287 billion). The state now esti- percent rate, the expansion would save the BENEFITS TO EMPLOYERS mates that the expansion would generate $37 lives of 2,700 Texas children every year after Only 36 percent of U.S. workers in firms billion in federal funds over the ten-year pe- full implementation. with fewer than 25 workers have insurance.36 riod, of which about $30 billion is for newly BENEFITS TO ADULTS In a Kaiser Family Foundation survey, 48 eligible adults. Ohio. Estimates just published by Ohio Our children also need healthy parents to percent of small employers indicated that State University compare the state’s match provide for their care. Many low-income in- the cost of insurance was too high for them requirements with the net savings the state dividuals and families simply cannot afford to offer it to employees. would receive from moving adults from basic living expenses, health insurance and On the other hand, when their uninsured state-funded programs to Medicaid over a out-of-pocket health care expenses, making employees become sick, they are more likely nine-year period from 2014 through 2019, con- a Medicaid expansion imperative. to be absent from work longer, creating a The Kaiser Family Foundation estimates burden to their employer and fellow employ- cluding that savings in these programs that about 41 percent of adults covered under ees. Frequent or prolonged absences for com- would provide 41.2 percent of the state match the expansion would be parents. Many of mon untreated conditions such as asthma, necessary for the expansion. The study esti- them work, but lack health insurance. Ac- diabetes, heart disease, allergies and flu can mated that the state would receive net sav- cording to the Census Bureau, 59.9 percent of lead to terminations and the costs of recruit- ings of about $1 billion on: uninsured adults in Texas work, a higher ing, hiring and training new employees. Ex- Better match rate for medically needy labor force participation rate than the total panding Medicaid to adults aged 18 through adults of $709 million. Breast and Cervical Cancer Program costs population’s. According to Kaiser, about 1.2 64 who are making marginal wages or work- of $48 million. million adults who would be covered under ing in part-time or seasonal positions is an Inpatient prison health care costs of $273 the expansion in Texas are working, about 60 effective way to assist small businesses and million. percent of them in agriculture or service in- their employees alike. In addition, the study pointed out that dustries that tend toward smaller firms and Finally, we estimate that the Medicaid ex- there would also be savings on non-Medicaid are less likely to offer insurance to employ- pansion would generate nearly 71,500 jobs in substance abuse treatment, family planning, ees. Texas in 2014, rising to 231,100 jobs in 2016, pregnant women and other state health care Only 28.4 percent of the 320,334 Texas pri- the first year of full implementation. Many programs for uninsured adults. The study vate firms with fewer than 50 employees in- of these jobs would be in health care, an in- identified other areas of savings as well, in- sured their employees in 2011, versus 92.3 per- dustry that pays well and provides good job cluding reduced criminal justice costs due to cent of the 132,109 larger private firms. And security and benefits, including health insur- better access to substance abuse treatment. besides working for low wages in firms that ance, and wages would average $50,818 during The study also found net increases in state do not offer health insurance, many low-in- the 2014–2017 period—the same as the state- revenue from taxes of $2,898 million on: man- come individuals find work only on a part- wide average for all industries. aged care plans ($1.823 billion), general rev- time or seasonal basis, resulting in poverty- Texas already has the highest rate of unin- enue ($857 million) from increased economic level incomes. sured for adults aged 18 to 64 of any state— activity and increased drug rebates to the The Medicaid expansion would cover a per- 31 percent compared to a national average of state from pharmaceutical companies ($218 son employed in a full-time, minimum-wage 21 percent in 2011.45 If Texas does not expand million). The study estimates that the state job paying $7.25 per hour, which equates to Medicaid, and Wal-Mart and other companies will need about $2.5 billion for state match, $15,080 per year, just below the 138 percent implement their intended policies, the num- which would leave a net state fiscal gain of FPL cutoff. It also would cover a single par- ber of uninsured in Texas will grow as it $1.4 billion. ent earning $10 per hour (annual wages of shrinks in states that acted, leaving Texas Wyoming. The Wyoming Department of $20,800). These wages are generally insuffi- still at the bottom and digging a deeper hole. Health issued a report in November 2012 that cient to cover basic living and working ex- FINDINGS IN OTHER STATES also looked for offsets to pay for the Med- penses as well as health insurance. Recent studies in other states have also icaid expansion. The department found that The high cost of health insurance affects found that states can finance their share of ‘‘participating in the optional expansion of both employers and workers, but high pre- the expansion using funds already spent on the Medicaid program would result in a pro- miums as well as out-of-pocket medical ex- state and locally funded health care for jected cost savings for the State General penses make it impossible for most low-in- adults and new revenues generated from the Fund throughout the first 6 years of the ACA come workers to afford health care. The 2012 expansion. After further study and consid- implementation (fiscal years 2014–2020).’’ average cost of single coverage was $5,615, ering revised trends, several states besides and family coverage was $15,745, a 30 percent Texas have also substantially reduced their OBJECTIONS TO MEDICAID EXPANSION increase since 2007, according to a recent estimates of the state funds required for the The ACA and the Medicaid expansion have study by the Kaiser Family Foundation and expansion. raised concerns in Texas and some other the Health Research and Educational Trust. Some governors that previously expressed states about its long-term costs for state and Employees paid an average of $951 for single opposition to the expansion have changed local budgets, as well as other concerns. Ob- coverage and $4,316 for and $11,429 for family their minds. In particular, Arizona’s gov- jections to expansion in Texas primarily coverage per employee, it is unsurprising ernor, Jan Brewer, initially in opposition, revolve around three arguments: that most small employers find it difficult to has recently announced that she will support Medicaid is ‘‘socialized medicine’’ like that provide insurance. it as long as Arizona includes an automatic practiced in western Europe and expanding it Although the ACA provides subsidized trigger reducing Medicaid optional coverage would spread it further; health insurance for individuals above 100 should the federal government reduce its The federal government should abandon percent of FPL, about 1.4 million uninsured match rate in the future, a concern ex- Medicaid and move to a system of block Texas adults aged 18 to 64 who are below 100 pressed by several state governors.46 After grants to states, to provide them with more percent of FPL will not be eligible. Covering reviewing a new study that identified suffi- ‘‘flexibility’’ in meeting their citizens’ most of these adults through Medicaid would cient existing revenue sources, New Mexico’s health care needs; and mean a healthier workforce and would re- governor, Susana Martinez, also announced The added cost burden of expansion, de- duce absenteeism, job loss and unemploy- her support for the expansion. spite extremely favorable federal matching ment insurance costs to employers. It also California. A recent study by the Univer- rates, is too much for a program that has al- would increase income for families with chil- sity of California at Berkeley and the Uni- ready overburdened the state financially. dren, thus reducing stress and providing versity of California at Los Angeles on the Socialized medicine: Medicaid is not so- more opportunities. California expansion found that increased cialized medicine. Socialized medicine as And, it would save lives. The Harvard state tax revenues and savings would largely practiced in Western Europe, and specifically School of Public Health recently compared offset additional spending. It also found that Great Britain, is a system under which the three states (New York, Arizona and Maine) savings in other areas of the budget, includ- government not only funds but also operates that expanded Medicaid to childless adults ing other state health programs, mental hospitals, hires health care providers and aged 20 to 64 between 2000 and 2005 with health services and state prisons due to the controls every aspect of health care. Med- neighboring states that did not (New Hamp- expansion ‘‘would likely be more than icaid does not do these things; patients and shire, Pennsylvania, Nevada and New Mex- enough to offset the $46 to $381 million in an- their health care providers make health care ico). They found not only a higher insured nual state General Fund spending for the decisions. Medicaid in no way meets the defi- rate in the expansion states, but a 6.1 per- newly eligible population through 2019.’’ nition of ‘‘socialized medicine.’’ cent drop in the death rate for adults under Florida. Florida has recently reduced its Medicaid is a federal insurance program age 65, or about 2,840 deaths prevented each estimate of state costs from $26 billion to that matches state funding to provide health year for every 500,000 persons newly insured. $5.066 billion over 10 years from 2013–14 to care to eligible, low-income citizens who This translates into one life saved per year 2022–23, including costs for newly eligible cannot afford private health insurance. in the five-year follow-up period for every 176 adults ($1.767 billion), children who are cur- States receive federal matching funds and

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MY7.017 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2422 CONGRESSIONAL RECORD — HOUSE May 6, 2013 administer the program under federal rules will benefit state and local governments and and Congressman JEFFRIES of New that limit eligibility to certain groups and important public purposes such as education, York, for anchoring tonight’s CBC’s services and that provide states with flexi- infrastructure and public safety. Businesses Special Order on eliminating health bility within certain eligibility and service will benefit from healthier employees and disparities. requirements. Texas participates in many lower employer insurance costs. I would also be remiss if I did not ac- similar federal programs that require state State and local government and the state’s matching funds, including transportation, hospitals collectively spend far more on knowledge our leader on health issues historic preservation and homeland security piecemeal health care for low-income Texans in the Congressional Black Caucus, Dr. programs, among others. than the state’s expected match for the ex- CHRISTENSEN. Block grants: Some Texas lawmakers sug- pansion. Expanding Medicaid would move Mr. Speaker, I would also like to gest that Medicaid is a ‘‘one-size-fits-all’’ thousands of people into managed care from take the opportunity to acknowledge a program that fails to meet the state’s unique these programs and significantly reduce the young person on the floor, the gentle- demographic and industry needs. They are use of expensive emergency room treatment lady from Nevada, the young Miss petitioning the federal government to con- for routine care. Horsford, who is here tonight. This is vert federal Medicaid funding to a block Without expanding Medicaid to adults, truly unique quality time to spend grant, with each state receiving a fixed Texas will still have to find additional state amount to establish its own state-specific match for many of the eligible but with your daughter. program that might or might not include all unenrolled children identified in this re- There are numerous factors that con- the features of the current program. Even for port—but without the benefit of the addi- tribute to the growing health dispari- lawmakers who favor a block-grant ap- tional state funds that an expansion would ties in New Jersey’s 10th District—pov- proach, however, this argument should not free up and without the new revenues that erty, environmental threats, inad- affect the decision to extend Medicaid cov- the additional federal funding would gen- equate access to health care, and edu- erage under the ACA. In fact, lawmakers erate. cational inequities. These issues are so who favor a Medicaid block grant in par- The decision to expand Medicaid—or not— interconnected that a piecemeal ap- ticular should support extending Medicaid to will affect the lives of millions of Texans for proach to fixing them just will not years into the future and is arguably one of low-income adults: the government typically work. A comprehensive approach that bases block grants on historical funding lev- the most important decisions that the Legis- els, so maximizing federal funding now lature has had to make in decades. If politics focuses on providing access to quality would better position Texas in the event of are set aside, the right decision is obvious. care to all, creating good jobs that pro- any future conversion to block grants. Mr. HORSFORD. I thank the gentle- vide a decent living and increasing edu- Cost burdens: As noted above, state and lady from Texas. We stand with you cational opportunities for low-income local governments currently fund all of our and your colleagues here on the floor communities, is the only way to elimi- expenditures for indigent care and in-patient to continue to put pressure on leaders, nate health disparities once and for all. hospital costs for eligible incarcerated indi- Even in the 21st century, health dis- not only in Texas but throughout the viduals, while the state supplies 100 percent parities are stark, especially in the Af- country, who do not see the value of of funding for some adults served in state rican American community, in which health care programs that would be eligible expanding Medicaid. life expectancies are lower and infant for Medicaid. These, combined with hospital I’m fortunate in Nevada—we have a mortality rates are higher. Children of charity costs, far exceed the amount Texas Republican Governor, but he has color who live at or below the poverty would be required to contribute to expand agreed to provide the expansion for line are much more likely to have asth- Medicaid. New revenue from insurance pre- Medicaid, because he understands that mium taxes and economic growth from the ma, develop ADHD and contract dis- in Nevada a third of our population is infusion of $100 billion in federal funds would eases because they cannot afford vac- provide additional revenue sources. Further- currently uninsured, and with the ex- cinations. more, opting out of the expansion will not pansion of Medicaid that’s going to So we have a moral obligation to reduce Texans’ federal tax burden, nor will make sure that fewer people turn up in eliminate health disparities. Our chil- expanding Medicaid increase it. the emergency rooms through uncom- dren and our future generations are de- Concerns that the federal government will pensated care, which all of us as tax- not be able to maintain high match rates in pending on us. But narrowing the payers end up paying for. health disparities that exist is not only the future are unlikely to become reality So this is an issue where Republicans given that Congressional representatives and good for our Nation’s health, it’s good senators represent their states. To ensure who understand the bottom line in for our Nation’s pocketbook. against this event, however, Texas could terms of health care and cost can work Research tells us that access to qual- build in an automatic ‘‘trigger,’’ such as Ari- together with us to implement good ity health care could eliminate or re- zona is doing, to reduce Medicaid optional policy for the American people. We’ll duce the onset of many chronic ill- populations and services should Congress re- continue to work with Governors that nesses and disproportionate health out- duce the match rate in the future. have not seen the light, but we believe Governor Rick Perry has described extend- comes that add to astronomical health that this is a plan that will work very care costs every year. Yet many of my ing Medicaid to low-income adults as ‘‘add- effectively. ing more passengers to the Titanic.’’ It colleagues won’t rest until they repeal would be closer to the case to say that fail- Mr. Speaker, can I ask how much ObamaCare. The fact is, the Affordable ing to cover adults will doom them like time we have remaining? Care Act will now provide health care those hapless travelers. Experience in other The SPEAKER pro tempore. The gen- to 9 million African Americans who are states indicates that the death rate would tleman has 18 minutes. uninsured or underinsured. ObamaCare fall by 6.1 percent for adults under age 65 if Mr. HORSFORD. Thank you, Mr. ensures that everyone has access to the state expands Medicaid, preventing pre- Speaker. lifesaving care such as preventative mature deaths of 5,700 Texas adults in each At this time, I would like to turn to of the five years following the implementa- cancer screenings, as well as coverage several of our new Members of the for children with preexisting condi- tion year, or 28,500 Texans over five years. 113th Congress. I’m very pleased and Previous studies also have found reductions tions. honored to be serving with them. I’ve of 5.1 percent in the child mortality rate and b 2020 8.5 percent in the infant mortality rate at- learned so much from all the Members tributable to Medicaid coverage. here, but particularly have enjoyed We know that ObamaCare’s preventa- Such studies led one author from the Har- getting to know the new Members of tive services will help save lives and vard study, Arnold M. Epstein, to conclude: the Congressional Black Caucus. There save money. So why are my Republican Sometimes the political rhetoric is at odds are five new Members. colleagues so set on repealing it? We with the evidence, such as claims that Med- I would now like to recognize my have to protect ObamaCare just like we icaid is a ‘broken program’ or worse than no good friend, the gentleman from New have to protect Medicare and Medicaid. insurance at all; our findings suggest pre- cisely the opposite. Jersey, the man with the great legacy, Sequestration is a direct attack on who’s carrying on the legacy of the these already limited health resources. CONCLUSION late Congressman Payne, Representa- Sequestration is an irresponsible, Extending Medicaid to low-income adults across-the-board cut approach that will will save tens of thousands of lives and im- tive PAYNE, Jr., at this time. prove millions more over the next decade Mr. PAYNE. Mr. Speaker, I thank only contribute to the widening health and beyond. The jobs created will support the gentleman. disparity gap. Because of sequestra- hundreds of thousands of people and boost Let me first thank my colleagues, tion, Medicare has been cut by $11 bil- the economy. The additional tax revenue Congressman HORSFORD from Nevada lion; cancer patients are being turned

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MY7.019 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2423 away from clinics, and they cannot get fewer treatment options and reduced At this time, I would like to turn to access to the life-saving treatments access to health care. So you will hear the gentleman from Texas, Congress- they need to live; millions in funding facts tonight. man VEASEY, and I would like to thank have been cut from community health The facts are that African Americans him again for his hard work and con- centers. have the highest rate of high blood tributions to this new 113th Congress. Furthermore, the effects are very pressure of all population groups and Mr. VEASEY. Thank you. real for the people in New Jersey. In tend to develop it earlier in life; Afri- I would also like to thank the gen- my State, nearly 4,000 fewer children can Americans are twice as likely to tleman from the Sagebrush State, STE- will receive vaccines for diseases such have diabetes than Whites; African VEN HORSFORD, and from the Empire as measles, mumps, rubella, tetanus, Americans are twice as likely to die State, HAKEEM JEFFRIES, for all of whooping cough, influenza, and hepa- from stroke than Whites; African their work on this very important titis B. There will be millions in cuts Americans are more than twice as like- issue and also in talking about the im- to grants that would help prevent and ly to die from prostate cancer than portance of the Affordable Care Act treat substance abuse. New Jersey will White men; and African American and everything that it’s going to bring lose nearly $4.9 million in environ- women younger than 40 years of age to our country. I also want to talk mental funding that ensures clean air are more likely to develop breast can- about the health care crisis that is on- and clean water. cer than White women; infants born to going in America today. Unfortunately, obesity and the long- We live in a first world country, and Black women are 1.5 to 3 times more term effects associated with this condi- you want me to go back home and tell likely to die than those born to women tion are all too prevalent in our coun- my constituents that we cannot pro- of other races or ethnicities; African try. When you look at the health sta- vide them with clean water and clean Americans are estimated to be 44 per- tistics, it’s quite astounding to say the air? This is absolute insanity. cent of all new HIV infections despite least. Today in America, nearly two- And to make matters worse, the New representing only 13 percent of the U.S. thirds of adults and one in three chil- Jersey State Department of Health and population. dren are overweight. In my own home Senior Services will be forced to pro- These disparities are shocking, and State of Texas, we have one of the vide 19,000 fewer HIV tests to low-in- the Congressional Black Caucus will highest obesity rates in the country. come communities. Sequestration is not let us ignore them. In 2009, health According to the Centers for Disease directly contributing to the spread of disparities cost the United States econ- Control and Prevention, 30 percent or this fatal disease. In essence, it is pro- omy $82.2 billion. We have to continue more of Texans are obese. viding a death sentence to those who to bring awareness to this issue within The high obesity rate has contrib- are poor and who can’t afford the test- our communities and develop strate- uted to the pervasiveness of diabetes, ing. gies to eliminate these disparities in a heart disease, and other chronic dis- So I say to my colleagues tonight: cost-effective way. eases that drain resources from our addressing health disparities in this On March 23, 2010, President Obama health care system. Increases in food country is both a moral obligation and signed the Affordable Care Act, which intake, a lack of physical activity, and a financial imperative. If we are going is a monumental step that helps us ad- environments that make nutritious to truly eliminate disparities, we must dress these overwhelming statistics in choices more difficult have all played a start by eliminating sequestration, health disparities within our commu- role in this obesity epidemic. which does nothing but further the bur- nities. We now have in place com- Many children and adults do not have den of our distressed citizens. Finally, prehensive health care reform that im- much control over the choices of foods we must maintain and strengthen our proves access to affordable care and they are able to get. Across this coun- investments in health care access and guarantees that millions of our most try, we are laden with food deserts or resources for the disadvantaged popu- at-risk citizens will finally be able to places where residents may not be able lations that we serve. receive care. By improving access to to get to a nutritious food option be- In closing, just as Medicaid and quality health care for all Americans, cause they do not own a car or have ac- Medicare and Social Security have be- the Affordable Care Act actually re- cess to public transportation, or maybe come common threads and fibers of duces health disparities. they don’t live along walkable roads. this great Nation, one day ObamaCare We share this information so citizens This forces families to outsource their will be looked at in the same manner. will know that this law invests in pre- daily eating to more accessible and Mr. HORSFORD. Thank you very vention and wellness, that it gives indi- sometimes cheaper alternatives, such much to the gentleman from New Jer- viduals and families more control over as fast food, to get their daily nutri- sey. their own care, that it expands initia- ents. A steady diet with high fat, salt- I would like to now turn to the gen- tives to increase racial and ethnic di- and sugar-based products has led to tlelady from Ohio. She has come to versity in health care professionals by unhealthy lifestyles. Congress, providing great perspective strengthening cultural competency Diabetes is one of the more com- as a member of the Financial Services training for all health providers, and monly known effects of being over- Committee specifically, but also in her that it improves communications be- weight or obese. background of higher education and in tween providers and patients. b 2030 her working on a number of these As a lifelong health care advocate The disease affects 25.8 million Amer- issues, one of which being the need to and as a stroke survivor and as an Afri- icans, roughly 8 percent of our popu- create a workforce that’s trained and can American woman, I know the im- lation. The effects and complications ready, particularly in the health care portance of protecting access to afford- of diabetes can include stroke, high sector. I would like to yield to the gen- able health care coverage for all Amer- blood pressure, blindness, kidney dis- tlelady from Ohio, Congresswoman icans, particularly for those who are ease, and amputations. BEATTY. most in need. We need to continue to Studies have shown that people with Mrs. BEATTY. First, let me join my move forward with this legislation and prediabetes who lose weight or increase other colleagues in thanking my fresh- with initiatives that eliminate health their physical activity can prevent or man class members, Mr. HORSFORD and disparities in America, and I look for- delay type 2 diabetes and in some cases Mr. JEFFRIES, for leading the Congres- ward to continuing to work with all of even return their blood glucose levels sional Black Caucus’ important discus- my colleagues to improve our health to normal. sion tonight on eliminating health dis- care system. In order to have a success- Each of these statistics is more exac- parities in America. ful Nation, we must have a healthy Na- erbated when you look specifically at Tonight, you are hearing a lot of sta- tion. So this is my clarion call to all the minority population in our country tistics because it is so important for us my colleagues—Democrats and Repub- such as Latinos and African Americans to let America know that low-income licans—to help us make progress on and our special-needs population. Americans, racial and ethnic minori- this critical issue. When you break down obesity by ties and other underserved populations Mr. HORSFORD. I thank the gentle- race, African Americans have the high- often have a higher rate of disease and lady from Ohio. est rates of obesity at roughly over 35

VerDate Mar 15 2010 03:54 May 07, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.035 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2424 CONGRESSIONAL RECORD — HOUSE May 6, 2013 percent; Latinos, a little over 28 per- The disparities are staggering. For instance, ployer, I’m not going to be able to cent as compared to the non-Hispanic in 2006, the infants of African American carry insurance. I love my employees. I White population of 23.7 percent. Indi- women had death rates over twice as high as provide them good insurance. But come viduals with disabilities also have infants of white American women. In 2009, the January, too many of my competitors higher rates of obesity at 31.2 percent. average American could expect to live 78.5 have said they can’t afford to keep the This is why I introduced House Resolu- years, but the average African American could insurance for their employees, and so tion 195 designating May as Health and only expect to live to 74.5 years. African they’re going to drop it and pay the Fitness Month. Americans also have significantly higher rates $2,000 fine because $2,000 is so much We need to correct our course as a of hypertension and HIV than white Ameri- cheaper than the cost of health insur- country and get on the path to cans. ance. healthier lifestyles. The numbers are The impacts are financial as well as human. The reason we were told for pushing clear. We cannot sustain this Eliminating health disparities would prevent through the ObamaCare bill in a very unhealthy path we are on. Not only is approximately one million hospital stays per partisan way was because there were 30 it cutting the lives of too many Ameri- year, saving $6.7 billion in health care costs million or so who did not have insur- cans short, but it’s also costing our alone. Even more stunning, from 2003 to ance; and as some have indicated, there country. In 2008, medical costs associ- 2006, the direct and indirect costs of racial may be that many who lose their insur- ated with diabetes were estimated to and ethnic health disparities totaled $1.24 tril- ance as a result of ObamaCare. So I’m very concerned. be at $147 billion. The medical costs for lion in the United States. I, like my friends across the aisle, people who were obese were over $1,400 Insurance coverage is strongly related to want to make sure not that people higher than those of normal weight. better health outcomes, and African Ameri- have insurance necessarily, but that We need to show our children that we cans have substantially higher uninsured rates they have affordable health care. And can make healthy, nutritious choices than white Americans. Beginning in 2014, the I’m hearing from health care providers and increase our physical activity. We Affordable Care Act will expand health insur- that they’re hearing from people who must also not forget that this must be ance coverage to millions of Americans who are no longer going to carry insurance spread throughout all aspects of our are currently uninsured, and will provide sub- for their employees, that it’s going to population. While tremendous re- sidies to make coverage affordable for low-in- be more and more expensive to provide sources have been employed to help come Americans. The Affordable Care Act will health care since they made money off combat the growing obesity epidemic mandate that Medicare and some private in- those who had insurance; and without amongst children, markedly fewer have surance plans cover essential preventive serv- people having the insurance they had been used to address specific issues re- ices at no additional cost, so that more people in the past, as the President promised garding how to best help obese children will be able to prevent illness and stay healthy. and has been made very clear was not with disabilities. The Affordable Care Act invests in commu- true, there will be more pressure on So, today, let’s declare a more nutri- nity health centers, which offer primary health those who are paying for their health tious and healthy lifestyle with better care to patients regardless of income, and in care to pay substantially more, which food choices and more active lives. coordinated care measures, such as providing means there are more people who will Mr. HORSFORD, thank you very much. care teams to help patients manage chronic not be able to afford it, and it will Mr. HORSFORD. I thank the gen- diseases and funding home visits for pregnant break the system. Of course, with tleman from Texas. mothers and infants. Patients may be more health insurance companies com- I know we are wrapping up on our likely to visit the doctor and receive quality plaining that because of the things hour, Mr. Speaker. care if physicians are able to understand their they’re forced to cover, their insurance I’d like to recognize the co-anchor for cultural background, so the Affordable Care is going to necessarily have to go up. this hour, my good friend and colleague Act also devotes resources to increasing the There will likely be insurance com- from New York (Mr. JEFFRIES), who racial and ethnic diversity of health care pro- panies that will have to give up the will provide a bit of a synopsis. viders and improving cultural competency health insurance business, and then the Mr. JEFFRIES. Thank you, Mr. training for all providers. administration can complain that, HORSFORD, for once again co-anchoring These are just some of the important ways Well, we thought we were going to be this Special Order and for your tremen- in which the Affordable Care Act is working to able to work with the greedy health in- dous leadership, and also thanks to Dr. eliminate health disparities. I look forward to surance companies; but as it turns out, CHRISTENSEN. We are thankful for all collaborating with my colleagues to support they’ve gone out of business and doc- that you have done in chairing the CBC the successful implementation of the Afford- tors have abandoned their practices Brain Trust on Health Care. able Care Act and eliminate health disparities and retired early. So it looks like the The Affordable Care Act is the law of for future generations. government is going to have to take the land; the President has been elect- f over the health care business. ed and reelected; the Supreme Court Under ObamaCare, the Federal Gov- CURRENT EVENTS has ruled it constitutional. Let’s move ernment is already going to have forward and address the health care The SPEAKER pro tempore. Under everybody’s health records. Their most disparities that have been set forth so the Speaker’s announced policy of Jan- private and personal secrets between eloquently here today, come together uary 3, 2013, the gentleman from Texas them and their health care provider and deal with the ailments that are (Mr. GOHMERT) is recognized for 60 min- will then be available to the Federal facing the American people. utes as the designee of the majority Government and, as I understand it, to With that, I yield back the balance of leader. General Electric, who this administra- my time. Mr. GOHMERT. Mr. Speaker, it’s al- tion, because of their great support of The SPEAKER pro tempore (Mr. ways an honor to come to the floor of General Electric in this administration DESANTIS). Members are reminded not the House of Representatives, espe- and their cozy working relationship, to refer to persons on the floor as cially when there’s so much of great they’ll have the contract to take care guests of the House. importance occurring in our Nation at of everybody’s health care records. So Ms. EDDIE BERNICE JOHNSON of Texas. this time. that will be just delightful. Mr. Speaker, I rise today to recognize the con- We do need health care reform, and I The tragic thing, just as the one lady tributions of the Affordable Care Act to elimi- appreciate my friends across the aisle asked during the town hall that the nating health disparities. Health disparities talking about the importance of good President had at the White House when refer to the unequal health outcomes, ability to health care. she asked about her elderly mother access health care, and rates of disease that I’ve continued to hear people find getting a pacemaker, though she was of impact certain Americans based on their in- that they are going to lose their health late years—I believe 95—and that she’s come, race, ethnicity, or other identities. insurance. I was talking to numerous had the pacemaker for 10 or 11 years, These disparities not only have devastating employers this past week who say, I would the panel that decided who impacts on communities of color in my district, want to compete and have been noti- would get what treatment, would they but they undermine health in historically fied insurance is going up higher next consider the quality of life of an indi- marginalized communities across the Nation. year. I heard from a small business em- vidual in determining whether or not

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But I had so and the answer the President ulti- my heart breaks for people who are many Christian friends, and it seemed mately gave is, Well, let’s face it. going to need health care in the next that especially around east Texas, Maybe we’re better off telling your few years and are simply not going to where I grew up, so many Christians, mother that instead of a pacemaker be allowed to have it because the gov- those that came from Christian back- you get a pain pill. ernment will stand between them and grounds, also had instilled not only a So it’s very clear that as we approach the health care they need. faith in God but also a love of country the day when ObamaCare kicks in I do recall seeing the President on because of just how blessed this coun- fully, there will be more and more sen- video saying some years back that he try has been, and because they under- iors, whatever age this panel—it’s not wanted single payer health care, the stood that since most of the Founders really a death panel—but it will decide government taking over all health had this Christian faith and over half, who gets pacemakers and who is per- care, but we couldn’t get there in one about two-thirds were even ordained haps too old or maybe has lived a good step. As you examine ObamaCare and Christian ministers, the signers of the life but now is beyond being worthy of, you see it is ultimately going to bank- Declaration of Independence, they in this administration’s opinion, get- rupt health insurance companies, it is wanted freedom of religion. So you ting a new knee or a new hip or back going to drive doctors out of the pro- could be an atheist. You could be a surgery, those kinds of things. You’ll fession, it is going to ultimately bring Muslim. You could be a Buddhist, have bureaucrats that are deciding down the standard of care, we see that whatever. You could believe in the those issues all in the name of helping it has now set up the whole system to power of crystals and nothing else, people with their health care. Because fail so that down the road the govern- whatever it was, because it was the as anyone who seriously looks deeply ment will say, just as then Senator Christian faith. If it is truly Christian, into socialized medicine finds out, the Obama said, we will get to government- then it provides everyone with the free- only way for socialized medicine to run health care because, gee, the dom of choice, as God has given us. stay afloat is if you have people dying greedy insurance companies went There are other religions that do not while they’re waiting on a list to get bankrupt trying to be greedy and doc- give freedom of choice. And we know, their particular procedures. tors got out of the business, and now it as the Islamic countries, where we’re looks like the government is going to I mentioned on the floor, I believe not allowed, even as Members of Con- have to take it over, just like we last year, about a report from England gress, to carry in a Bible or to talk that they’re hoping to reduce the hoped. If there was ever any aspect of life about our faith at all, they clearly pro- length of time that patients have to that would ensure that the Federal hibit the free exercise of religion. Even wait for their procedures, whether Government could dictate people’s since this country and so many thou- therapeutic or diagnostic, surgery, lives to them, it would be health care. sands of Americans laid down their therapy, whatever it is, reduce that When the government controls all lives to bring freedom to Afghanistan, wait from the time it’s prescribed until health care, the government will con- this country gave Afghanistan a con- the time it’s obtained down to 10 trol all people in this country because stitution in which shari’a law was the months. they will make the decision basically law of the land, and the last report I b 2040 who gets what treatment, when we get saw indicated that the last Jewish per- to that point, and I’m hoping and pray- son had left Afghanistan and the last Well, there are a lot of people that we Christian, public Christian church had know find out they have cancer, they ing we will repeal ObamaCare before that happens. It’s going to require a closed. So there’s no freedom of reli- have some problem, perhaps need a by- gion there. There’s no freedom of reli- pass, and if they don’t get it imme- new Senate, obviously. Well, another area that has had a lot gion even in allied nations like Saudi diately, then they don’t make it for 10 Arabia or even in Egypt, not complete months. So that’s where we are headed of government intrusion has been in the area of the First Amendment. So freedom of worship, even when Egypt and eventually people will see that, many people simply do not understand was more of an ally than a country and I just hope and pray it’s not too and do not appreciate that the First that elected a Muslim Brotherhood late so enough people will put pressure Amendment does say, ‘‘Congress shall member who wanted to see the great on their Members of Congress, and es- make no law respecting an establish- state of America destroyed. pecially the Senate, to repeal ment of religion, or prohibiting the ObamaCare and get us true health care b 2050 free exercise thereof.’’ reform so that people can have the So we’ve had so many areas in which This has been a country where any- health care that they want to have, the government has moved forward to one, any religious beliefs, would have they deserve to have. And for those establish a nonreligion, has forced, like freedom of religion. But when we get who are truly—and only those who are in the case of the major who shot and away from the Judeo-Christian faith, truly—chronically ill or chronically killed 13 of our servicemembers at Fort whose notions founded this country, poor and are not able to work or obtain Hood, he and his Islamic faith were then there is no protection for all reli- affordable health care, then those peo- forced upon people who needed coun- gions. ple, as a caring society, we would take seling about having to go, Christians So it was interesting to see, espe- care of. who had to go to the Middle East, to cially, having been in the Army, hav- But since ObamaCare cut $700 billion Iraq, to Afghanistan, to serve their ing had friends that made careers out from Medicare, it’s now appearing to country. They had to get counseling of the military—so many that started more and more seniors that this ad- from someone who made very clear with me stayed in for a career—to see, ministration effectively took money that his faith was everything, and his last week, that and, as this headline for treatment that they would get and faith in Islam so overwhelmed him that says, ‘‘Pentagon Confirms May Court provided that to young, healthier peo- not only must it have affected the ad- Martial Soldiers Who Share Christian ple who probably could, or possibly vice he gave to Christians who were Faith.’’ have their employer provide it if the forced to see him, but it also caused This May 1st article by Ken employers were not being penalized for him to shoot and kill even those he had Klukowski said: doing so, but whose employers will not wounded with his words. The Pentagon has released a statement likely give up that insurance, and we’ll But there does seem to be a war on saying that soldiers could be prosecuted for see that as time goes on. Christianity in this country. Certainly, promoting their faith: ‘‘Religious pros- But nonetheless, seniors, although as the Founders anticipated, there elytization is not permitted within the De- they were told by this administration should not be an establishment of reli- partment of Defense. Court martials and and told by some people across the nonjudicial punishments are decided on a gion, but most important was that case-by-case basis.’’ aisle that they wouldn’t lose their doc- they not prohibit the free exercise of The statement, released to Fox News, fol- tor, well, many have already lost their religion. lows a Breitbart News report on Obama ad- doctor. People were told, if you like When I was in the Army for 4 years, ministration Pentagon appointees meeting your insurance, you can keep it; and I had so many Christian friends. I had with anti-Christian extremist Mikey

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.038 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2426 CONGRESSIONAL RECORD — HOUSE May 6, 2013 Weinstein to develop court martial proce- and it would be so very unconstitu- Hall but where they, back then, for dures to punish Christians in the military tional. most of the 1800s, had a Christian wor- who express or share their faith. So it’s quite interesting, when you ship service. (From our earlier report: Weinstein is the The first woman to address a group head of the Military Religious Freedom find people who are educated beyond Foundation, and says Christians—including their ability such that they could read in the Capitol did so, a female evan- chaplains—sharing the gospel of Jesus Christ the Constitution and not understand gelist, a Christian evangelist spoke in the military are guilty of ‘‘treason’’ and the second clause that does not allow down the hall. The first Catholic to ad- of committing an act of ‘‘spiritual rape’’ as prohibition of the free exercise of reli- dress a group in the Capitol did so just serious a crime as ‘‘sexual assault.’’ He also gion. down the Hall. The first African Amer- asserted that Christians sharing their faith We got an explanation from DOD and ican to address a group in the Capitol in the military are ‘‘enemies of the Constitu- the Air Force on what they really did so down the hall. It is a very his- tion.’’) toric place just down the hall where Being convicted in a court martial means meant after people started objecting to that a soldier has committed a crime under this. And the Air Force statement said Church was held for most of the 1800s, Federal military law. Punishment for a this: a Christian, nondenominational wor- ship service. So it is rather historic. court martial can include imprisonment and When on duty, or in an official capacity, being dishonorably discharged from the mili- Air Force members are free to express their And it was a Christian chapel to which tary. personal religious beliefs as long as it does George Washington went with all the So President Barack Obama’s civilian ap- not make others uncomfortable. Proselyt- other leaders after he was sworn in in pointees who lead the Pentagon are con- izing (inducing someone to convert to one’s 1789 and went down the road there in firming that the military will make it a faith) goes over that line. Leaders must New York from the Federal building crime—possibly resulting in imprisonment— avoid the actual or apparent use of their po- where he was sworn in to the chapel for those in uniform to share their faith. sition to promote their personal religious be- This would include chaplains—military offi- that was the only building at ground liefs to their subordinates or to extend pref- zero that was completely unaffected by cers who are ordained clergymen of their erential treatment for any religion. faith (mostly Christian pastors or priests or the horrible fall of the World Trade Jewish rabbis)—whose duty, since the found- As this matter from Fox News says: Centers after they were attacked by ing of the U.S. military under George Wash- Lieutenant Colonel Tingley’s last sentence people filled with hatred, an evil peo- ington, is to teach their faith and minister is troubling. An Air Force officer was told he ple, radical Islamists, who thought to the spiritual needs of troops who come to could no longer keep a Bible on his desk be- that in their religion, radical Islam, them for counsel, instruction or comfort. cause it ‘‘may’’ appear that he was that they would find virgins in para- This regulation would severely limit ex- condoning a particular religion. Air Force dise by killing thousands of innocent pressions of faith in the military, even on a officers must be allowed to live out their people. So, hopefully, the military will one-to-one basis between close friends. It faith in a way that is consistent with their could also effectively abolish the position of faith. If the Bible is important, then an Air take another look at this. I hope and chaplain in the military, as it would not Force officer should be able to have one on pray they will. allow chaplains, or any servicemembers, for his desk. Air Force officers should be allowed For most of this country’s history, that matter, to say anything about their to attend chapel, lead prayers, even speak in Members of Congress, even still we faith that others say led them to think they chapel or lead Bible studies if it is consistent have Members of Congress from both were being encouraged to make faith part of with their faith. This statement does not sides of the aisle who quote Scripture their life. It’s difficult to imagine how a help. What does ‘‘as long as it does not make from the Bible as a resource or a con- member of the clergy could give spiritual others uncomfortable’’ mean? Who decides? firmation for a particular bill or posi- counseling without saying anything that How much of this policy did Mikey tion that they are taking. Going back might be perceived in that fashion. Weinstein influence? to our very inception as a country, World magazine has an article enti- These are all good questions, because that was considered a wise thing and tled ‘‘Religious Battle Lines,’’ posted if the standard is that you may be al- not a treasonous thing as Mr. May 2, 2013. And in that article by Ed- lowed to express your religious beliefs Weinstein, so unfamiliar with our his- ward Lee Pitts, it says: unless it makes someone uncomfort- tory, would attempt to have people be- In a provocative piece at The Huffington able, then that is basically a prohibi- lieve. Post written before his Pentagon visit, tion of anybody’s freedom of religion, if It was the incredible Martin Luther Weinstein, who served in the U.S. Air Force they are a Christian. King, Jr., an ordained Christian min- said, ‘‘We face incredibly well-funded gangs Mr. Weinstein doesn’t seem to be ister, that sought to apply the teach- of fundamentalist Christian monsters who ings of Jesus and the philosophy of terrorize their fellow Americans by forcing bothered. I haven’t seen an expression their weaponized and twisted version of of concern about anybody yelling Jesus through nonviolence to force the Christianity upon their helpless subordinates ‘‘Allahu Akbar’’ and killing 13 other Constitution to be interpreted to mean in our Nation’s Armed Forces.’’ servicemembers as an expression of re- exactly what it said, and that is the After the meeting, a column appeared in ligion. He doesn’t seem to have found kind of basis from which there is legit- The Washington Post, largely sourced by that treasonous or problematic. But imacy to treat all people equally. As Weinstein, which portrayed him as hero- some of the rest of us do. Jefferson made clear, if people do not ically taking on and lecturing the Pentagon realize that their liberty comes from brass. That piece in the newspaper’s On b 2100 God, then they will not long keep that Faith section opened by suggesting that, liberty. I think he said he trembled at while Defense Secretary Chuck Hagel has So I hope that common sense and Pentagon budget concerns, ‘‘there are much reason will win out, especially consid- such a thought. more serious issues he must deal with. Reli- ering the historic nature of our Con- This Wednesday, we are going to gious proselytization and sexual assault are stitution. And those who parrot the have a hearing in the Oversight Com- at the top of the list.’’ words ‘‘separation of church and state’’ mittee regarding what happened at Well, if Secretary Hagel were talking as if they are in the Constitution I find Benghazi on 9/11 of last year. I will be about the type of proselytization that don’t often know that those are not in honored, humbled and honored, to es- has gone on among our military mem- the Constitution and are not aware cort the widow of Ty Woods, one of the bers that has caused anyone to yell that Thomas Jefferson coined that two former Navy SEALs who was ‘‘Allahu Akbar’’ and then go about phrase in a letter to the Danbury Bap- killed when help did not come, for killing fellow members of the service, tists where he also coined the phrase, whatever reason, whoever ordered help then I would certainly understand why ‘‘wall of separation.’’ And this is a not to come in a timely fashion, and Secretary Hagel would be concerned President who, it has been confirmed this hearing will hopefully shed a little about that kind of proselytizing. by secular and even the Congressional more light on that. But for anyone to talk about sedition Research folks, that Jefferson most An article from Breitbart came out 5 and treason and Christians basically Sundays when he was here in Wash- May, 2013, by John Sexton. He says: acting in an unconstitutional way by ington would normally ride a horse In an appearance on ‘‘Face the Nation’’ this morning, Representative Darrell Issa re- expressing or utilizing their freedom of down Pennsylvania Avenue and attend vealed several new pieces of information religion, for him to promote the prohi- a nondenominational Christian worship about the Obama administration’s con- bition of the free exercise of religion, service here in the Capitol just down troversial description of the 2012 terrorist at- would be actually encouraging treason, the Hall in what we now call Statuary tack in Benghazi, Libya, casting doubt that

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.040 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2427 the White House mischaracterized its cause bottom of what actually happened at Sought End-Run Around Counterter- by mere accident. Benghazi so that we can try to avoid it rorism Bureau on Night of Benghazi ‘‘The talking points were right and then for the future that all of a sudden there Attack, Witness Will Say at Hearing. the talking points were wrong,’’ Issa ex- is interest in actually trying to cap- plained in response to a question about re- On the night of September 11, as the porting at the Weekly Standard. The CIA ture the people responsible. Obama administration scrambled to respond and Greg Hicks, who took over as Charge CBS News, May 6, by Sharyl to the Benghazi terror attacks, then-Sec- d’Affaires in Libya after the death of Ambas- Attkisson, has a headline of an article: retary of State Hillary Clinton and a key aid sador Chris Stevens, both knew immediately Diplomat: U.S. Special Forces told effectively tried to cut the Department’s that it was an attack, not a protest. ‘‘you can’t go’’ to Benghazi during at- own Counterterrorism Bureau out of the Hicks, who did not appear on the show but tacks: chain of reporting and decision-making, ac- cording to a ‘‘whistle-blower’’ witness from whose reactions were featured based on tran- The deputy of slain U.S. Ambassador scripts of interviews with Issa’s committee, that bureau who will soon testify to the Christopher Stevens has told congressional charge before Congress, Fox News has said he was stunned by what U.N. Ambas- investigators that a team of Special Forces sador Susan Rice claimed on five different learned. That witness is Mark I. Thompson, prepared to fly from Tripoli to Benghazi dur- a former marine and now the deputy coordi- news shows on September 16. When she ap- ing the September 11, 2012, attacks was for- peared on ‘‘Face the Nation,’’ she followed nator for operations in the agency’s Counter- bidden from doing so by U.S. Special Oper- terrorism Bureau. an interview with the President of Libya ations Command South Africa. who claimed he had ‘‘no doubt’’ it was a ter- It goes on down, it says: ror attack. Moments later, Ambassador Rice This is just shocking to think that we had people armed, equipped, able, as Fox News has also learned that another of- contradicted him and claimed a spontaneous ficial from the Counterterrorism Bureau— protest was more likely. we know now if this is true, they independently of Thompson—voiced the Acting Ambassador Hicks watched the should have been able to save the lives same complaint about Clinton and Under Sunday shows and said he found this con- of those two heroes—Ty Woods and Secretary for Management Patrick Kennedy tradiction shocking. ‘‘The net impact of Glen Doherty—and also the State De- to trusted national security colleagues back what has transpired is the spokesperson of partment individual that had most of in October. the most powerful country in the world has his right leg blown off up there with Extremists linked to al Qaeda stormed the basically said that the President of Libya is them. They could have saved all of U.S. Consulate and a nearby annex on Sep- either a liar or doesn’t know what he is talk- tember 11 in a heavily armed and well-co- ing about,’’ he accused. Hicks added, ‘‘My them if they had been allowed to go ordinated 8-hour assault that killed the U.S. jaw hit the floor as I watched this. I have protect the people who were sent there ambassador to Libya, Chris Stevens, and never been as embarrassed in my life, in my to serve by this administration. three other Americans. career as on that day.’’ Another article, the Washington Thompson considers himself a whistle- Hicks believes the stunning failure of di- Times has a headline: ‘‘U.S. could have blower whose account was suppressed by the plomacy on the Sunday news shows explains halted Benghazi attack with a fly- official investigative panel that Clinton con- why it took the FBI 3 weeks to gain access over.’’ This is according to a diplomat. vened to review the episode, the Account- to the Benghazi site. The U.S. had effectively ability Review Board. Thompson’s lawyer, humiliated the Libyan President on national This article by Shaun Waterman, dated Monday, May 6, 2013, says: Joseph diGenova, a former U.S. attorney, TV. That decision, he believed, probably has further alleged that his client has been compromised our ability to investigate and U.S. air power could have headed off at subjected to threats and intimidation by as- track down those responsible. least part of last year’s terror attack on the yet-unnamed superiors at State, in advance According to Hicks, no one from the State diplomatic post in Benghazi, but American of cooperation with Congress. Department contacted him about what Am- officials never asked for overflight permis- bassador Rice would be saying in advance. sion because there were no airborne tankers Down further it says: The next morning he called Beth Jones, Act- available to refuel, according to the House ‘‘You should have seen what (Clinton) tried ing Assistant Secretary for Near East Af- Oversight Committee’s investigation. to do to us that night,’’ the second official in fairs, and asked her why Ambassador Rice Gregory N. Hicks, who became the chief of State’s Counterterrorism Bureau told col- had made the statements she had. Jones re- the U.S. mission when Ambassador J. Chris- leagues back in October. Those comments sponded, ‘‘I don’t know.’’ topher Stevens was killed in the attack, told would appear to be corroborated by Thomp- A report published Friday by the Weekly House investigators Libya would have given son’s forthcoming testimony. Standard suggests that State Department the U.S. permission to do the fly-over. State Department spokeswoman Jen Psaki spokesperson Victoria Nuland took issue Democrats have accused the Republicans called the counterterrorism officials’ allega- with the initial talking points and, with of running a ‘‘one-sided investigation.’’ tions ‘‘100 percent false.’’ A spokesman for backing from the White House, removed any Mr. Hicks will testify on Capitol Hill this Clinton said tersely that the charge is not evidence of al Qaeda involvement and of week along with several others who will de- true. prior attacks on Western targets in the re- tail the conflicting stories the Obama ad- It says: ministration told in the days after the at- gion. According to emails reviewed by the Daniel Benjamin, who ran the Depart- tack, which left Stevens and three other Weekly Standard, Nuland said her superiors ment’s Counterterrorism Bureau at the time, Americans dead. were concerned about criticism from Con- also put out a statement Monday morning gress. Mr. Hicks was deputy chief of mission at the embassy in Tripoli when the U.S. post in strongly denying the charges. b 2110 Benghazi was attacked by heavily armed ex- ‘‘I ran the bureau then, and I can say now with certainty, as the former Coordinator for You don’t have to be trained in the tremists on September 11. In interviews last month, Mr. Hicks told Counterterrorism, that this charge is simply Diplomatic Corps to understand that if investigators with the House Oversight and untrue,’’ he said. ‘‘Though I was out of the the President of Libya, where our con- Government Reform Committee that an country on official travel at the time of the sulate was attacked, said this was not overflight by a U.S. F15 or F16 might have attack . . . ’’ a protest, it was an attack by extrem- prevented the second phase of the attack. And it goes on. But that seems to be ists, that since this administration After the diplomatic post was over-run and the way, when this administration needed his administration’s assistance set ablaze that night killing Stevens and wants somebody to say, as he did, a in investigating the matter, that they Foreign Service Officer Sean Smith, the sur- charge is simply untrue and to strong- vivors took refuge in a nearby CIA building may have just alienated the President called the annex. That building was in turn ly deny charges, they seem to have to of Libya and negated efforts to bring attacked at dawn on September 12, when a call on somebody who had no firsthand the people responsible to justice. mortar barrage killed former SEALs Glen information, which is why so many Of course there’s no real explanation Doherty and Tyrone Woods. people were questioning why Ambas- as to why it would take 8 months just ‘‘If we had gotten clearance from the Liby- sador Susan Rice was called upon to to put up three pictures, as has been an military for an American plane to fly make the Sunday morning show round done, to try to identify the perpetra- over Libyan air space . . . if we had been and constantly tell people that appar- tors of what happened in Libya. Heck, able to scramble a fighter or aircraft or two over Benghazi as quickly as possible after ently it was the result of a protest and when that was done regarding the per- the attack commenced, I believe there would was not al Qaeda related, when in fact petrators in Boston, it wasn’t months not have been a mortar attack on the annex as people knew that night at the time that it took to identify those individ- in the morning because I believe the Libyans of the attack, this was a coordinated uals; they precipitated bringing things would have split,’’ Hicks told House inves- effort. There was no sign of protest. to a head rather quickly. Isn’t it inter- tigators. So the way the administration ap- esting that it’s only after tremendous Another article from Fox News, also pears to have operated is to have peo- congressional pressure to get to the dated May 6, 2013, is titled: Clinton ple come forward who had no firsthand

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.042 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2428 CONGRESSIONAL RECORD — HOUSE May 6, 2013 information, give them their talking That’s a rather serious matter, so with statements that those who sent points, as Susan Rice was given—an in- hopefully nobody is out there giving that person forward knew were not telligent person. She’s told by people such instruction or has not been out true, I hope that we’ll have people, not apparently she trusts, here’s what you there giving such instructions, because just those that are now coming before need to point out, here’s what you need when members of the military or the the committee on Wednesday, but oth- to know. And then those people have State Department or intelligence de- ers, for the sake of Ty and Glen, Mr. plausible deniability of what the real partments or Justice Departments Speaker, I hope people who are in the facts are because they’ve just been have information and they have been service or former servicemembers that handed talking points. asked to provide such information and may have personal information will So it is a very serious matter when anyone instructs them in any way that give them the backup now that they’re we’re trying to get to the truth because may impede Congress’ recovery of such gone that they would have wanted if it does matter. It makes the difference information, then they need to look at that was them who gave their lives. between whether or not we learn from 18 USC. Mr. Speaker, with that I yield back mistakes that were made and correct Also, 18 USC, 371: the balance of my time. them for the future, or whether we If two or more persons conspire either to f refuse to learn from history, refuse to commit any offense against the United learn from the mistakes that were States, or to defraud the United States, or COMPREHENSIVE IMMIGRATION made so that we become, as the old any agency thereof in any manner or for any REFORM saying says, destined to repeat them. purpose, and one or more of such persons do The SPEAKER pro tempore. Under any act to effect the object of the con- the Speaker’s announced policy of Jan- b 2120 spiracy, each shall be— uary 3, 2013, the Chair recognizes the And then it talks about their fine So it does matter, and it matters gentleman from Iowa (Mr. KING) for 30 very much to Ty Woods’ widow, who and imprisonment. minutes. And then, of course, this under 18 will be here for the hearing. She does Mr. KING of Iowa. Thank you, Mr. USC, section 2: have interest because it does matter to Speaker. I appreciate the privilege of her. Whoever commits an offense against the being recognized here on the floor of United States or aids, abets, counsels, com- What difference does it make? It will the United States House of Representa- matter to the loved ones of those who mands, induces, or procures its commission is punishable as a principal. Whoever will- tives and taking up the subject matter will die in the future if we don’t get fully causes an act to be done which if di- that I understand is going to begin this down to what actually occurred, what rectly performed by him or another would be week with a markup in the United mistakes were made so we can avoid an offense against the United States, is pun- States Senate of a piece of legislation them being made in the future. It ishable as a principal. called Comprehensive Immigration Re- makes a lot of difference to those who So, basically if somebody is encour- form that has been advanced by the don’t want their loved ones to die in aged not to be forthcoming or honest self-described Gang of Eight over in the the service of this country. with the Congress, you run into some Senate, four Democrats and four Re- Now, there are also reports out there issues there as well. publicans, a bill that they had dropped that, as I read already, that there was I hope people will take note of our or introduced some couple of weeks a group of Special Forces who were or- laws, and hopefully there’s no truth to ago, 844 pages all designed to solve the dered to stand down and not go forward the rumors afloat that such instruc- problem that we have here in the and help those at Benghazi. As the ar- tions had been given because, just as I United States of illegal immigration ticle from CBS News points out, there was so greatly offended when the na- and all the accommodations that have may have been a Special Forces team tional security letter system was been made in efforts to, one, open our that was ready to go and then they abused and we had an inspector general borders and open up our employment were told you can’t go. It is just in- report about that, I didn’t care that it and open up our welfare systems and credible to think that someone may was a Republican administration that open up our public access to govern- have given such an order and not al- was abusing people’s freedom and I ment services to people that are unlaw- lowed the military to go forward. spoke out. fully present in the United States. There are rumors afloat that people And I hope that friends across the in the military, people in the State De- aisle, as this information continues to b 2130 partment, have been told not to talk to be forthcoming about misrepresenta- That’s one side of the initiative. Members of Congress about what hap- tions that were made publicly by this That’s the CHUCK SCHUMER side, Mr. pened at Benghazi. If there is anything administration, intentionally and Speaker. Then on the other side are to those accounts, one thing that is knowingly, that others, friends across those of us who, instead, argue that the often helpful is to go to the law itself. the aisle, will stand up, as I did, about rule of law has to count for something, 18 USC, section 1505 is entitled, ‘‘Ob- the Bush administration, their Justice that you can’t be a nation unless you struction of Proceedings Before De- Department, and demand justice. I de- have borders, and if you don’t deter- partments, Agencies, and Commit- manded a resignation from the FBI Di- mine what comes across those borders, tees,’’ and, in part, says: ‘‘Whoever cor- rector back then. We have an obliga- then you can’t call yourself a nation. ruptly’’—and I’m just reading what tion, and it goes beyond party loyalty. I’d make the point that the most suc- might be applicable if this were ever to When people were killed who were cessful institution over the last couple arise and someone ever were to in- sent to Libya to serve this country— of centuries has been the nation-state. struct members of the military or and we had two former SEALs who Nation-states are formed around the members of the State Department or went and gave their lives to try to lines of language and culture and na- any agency of the Federal Government save, and who did save, American tional defense and civilization and not to communicate with Members of lives—the least people stateside can do, economies. Language has been a pri- Congress, this bears noting. the least those who were reportedly mary component of it to which one can Whoever corruptly, or by threats or force, told you can’t go help these people, the look at Western Europe, for example, or by any threatening letter or communica- least they can do since they were not and see where the lines are drawn tion influences, obstructs, or impedes or en- allowed, according to the story, not al- around nation-states of common lan- deavors to influence, obstruct, or impede the lowed to go give Ty and Glen backup guages. due and proper administration of the law then, I hope and pray they’ll have the But here we are in the United States. under which any pending proceeding is being had before any department or agency of the courage to give them backup now so We’re a different kind of a country. We United States, or the due and proper exercise there will be no more Tys and Glens are a Nation that has been benefited by of the power of inquiry under which any in- that will have to give their lives in the the legal immigration that has come quiry or investigation is being had by either future because inadequate security was into this country from every donor civ- House, or any committee of either House or provided and a State Department was ilization on the planet. Because of the any joint committee of the Congress. stumbling through relations in a tough magnet of the image of the promise of It goes on to say they’ll be punished. situation and then sent people forward God-given liberty and freedom, people

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.044 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2429 from all over the world have aspired to People around the world have seen vigorous people on the planet to come come to America to become an Amer- that, and they’ve seen this American here. That’s the America I was born ican, to take advantage of these oppor- vigor and the magnet of the image. into, and that’s the America that those tunities of this God-given liberty in These concepts are all wrapped up in of us who were born here inherited. order to be able to start a business, to the image of the Statue of Liberty. Many immigrants have come since that get a job, to save, to invest, and to es- Around the world, when people see the period of time to contribute to this tablish and build the American Dream, Statue of Liberty, they think, Well, American Dream and to help redefine the American Dream which is encom- that would be nice to live in a country this American Dream and to make us passed within this philosophy that like that or they think, I have to go stronger and make us better. each generation of Americans should there. I have to go there and find out Now we’ve reached a time when the have an opportunity greater than the what I’m made of. I think that I can political thought in America seems to previous generation’s whether it’s the develop and realize my potential in a have lost its touch with rationality. whole generation of Americans in the place like America better than any- We’ve watched as there has been a current time or whether it is a genera- place else in the world. stronger movement on the part of the tion of Americans growing up in a If you put out a beacon like that, if political machinery of the left, and we household of their generational prede- you put out the beacon of the Statue of elected a President of the United cessors—their parents. Each generation Liberty and if that penetrates into States in 2008 that said to Joe, the should have greater opportunity than countries all over the world, whether it plumber, Share the wealth. Share the the previous generation. be in Western Europe, Eastern Europe, wealth. You’re making money. Give That’s why our Founding Fathers, across Asia, down through the Latin some of that to the guy that’s not—not our forefathers—our predecessors— area, through the Middle East, to realizing that Joe, the plumber, needed South America for that matter, to came here to this country. That’s why all that he could earn and that he need- every continent on the planet, includ- they fought and defended God-given ed more opportunity than that, not ing Australia, but probably not so liberty and the American civilization less; thinking that the now President much Antarctica, people have come to across the continents and across the of the United States apparently be- America because they’ve wanted to re- planet: to defend our American way of lieves, if you’re in business, if you’ve alize their dreams within that rubric of life. The freedom that we have, the lib- invested some capital or some sweat the American Dream. erty that we have, the free enterprise equity or both, that somehow you’re capitalism, the strong faith and family That’s what makes this a special country, and that’s why America could capitalizing on your customers who are values, the language that binds us to- viewed, I believe, by the White House gether, all of those components come engage in global conflicts as far back as 1898 in the Spanish-American War, as victims of that free enterprise sys- forth to create this assimilation con- tem and that somehow you have cept. We are the Nation that has been which took us over to the Philippines, or why America could engage in a con- achieved your success unjustly. The built on—some say ‘‘built by’’—immi- flict like World War I, when we went implication is that the entrepreneurs grants. This is a Nation built by immi- over to save as much as we could—and have collected the proceeds of the grants. True. This is a Nation of immi- succeeded to a great degree—of Europe sweat of somebody else’s brow rather grants. True, Mr. Speaker. So is every from the heavy hand of the Kaiser at a than their own, have collected the pro- other nation. Every other nation on cost of a lot of American lives—of a lot ceeds of the sweat of somebody else’s the planet is a nation of immigrants— of lives, let me say, on the western side sweat equity, brain equity, creativity, people have moved there; they’ve lived of that line—and freedom was pre- innovation, work ethic rather than there; they’ve developed there; their served again for another generation their own. children have been born there; and until World War II came along. Truthfully, Mr. Speaker, any of us they built the nation that they’re in. This was another challenge, and has the opportunity in this country to So we’re not unique in the sense that Americans rose up and met that chal- generate an idea. We have the oppor- we’re a Nation of immigrants. We are lenge on two fronts. One of the pieces tunity to start a business. We have an unique in the sense that legal immi- of wisdom about strategic warfighting opportunity to hire people to help us grants who come here can become is don’t fight a two-front war. Well, with that business, and we have an op- American. They become American by America had to fight a two-front war portunity to buy, sell, trade, make, embracing the American culture, in World War II. We had to fight our gain, and earn profit. The beauty of a American civilization, by under- way back against Japanese impe- free enterprise system is that, if some- standing the Declaration of Independ- rialism across the Pacific, and we had one is making too large of a margin, if ence, the Constitution, by under- to go to Europe and fight against the their profits are excessive, we should standing the English language, by par- Nazis in World War II. That all hap- have plenty of entrepreneurs who will taking in free enterprise capitalism, pened simultaneously. Fighting a two- see that as an opportunity and will and by understanding that there is a front war didn’t work out so well for generate a competing business that uniqueness about being an American Hitler, but it did work out well for the will go into that marketplace where that gives us this vigor—this great United States—at a high price, but it there is a margin of profit that is high vigor—that is an American vigor worked out. enough to attract that kind of invest- unique to the rest of the planet. Because of that, the American influ- ment, and they would take part of that It is because of the God-given lib- ence washed across the globe, and the profit out, and each one of those com- erties that we have, many of them in United States had the only major petitors that would materialize within the Bill of Rights: freedom of speech, undestroyed industry in the world. Our that marketplace, the competition, religion and the press, freedom to dollar became the method of currency would eventually take those prices peaceably assemble and to petition the for the globe. American industry pene- down so that the profit margins of the government for a redress of grievances; trated into every corner of the globe, entities that are making a lot of the Second Amendment: the right to and American know-how and ingenuity money would be reduced, not elimi- keep and bear arms; property rights in was established across this planet. nated. We want them all to make the Fifth Amendment; the right to be That’s because of those pillars of money, but at the same time, the con- faced by your accusers in a court of law American exceptionalism that I talked sumers benefit because the competi- and be tried by a jury of your peers and about, and it’s because of the American tion drives the prices down. no double jeopardy; the concept of fed- spirit of ingenuity, that spirit of inge- eralism where the power is not specifi- nuity, which is a beneficiary of those b 2140 cally delegated to the Congress or to willing legal immigrants who came That’s the concept of free enterprise. the President or to the judicial branch here because they realized that they That’s the concept of free enterprise but devolved to the States or to the could achieve their dreams better here capitalism. That’s what Adam Smith people respectively. Those are all pil- than anywhere else. wrote about so accurately and so suc- lars of American exceptionalism that So the magnet of the American cinctly when he wrote ‘‘The Wealth of make us a great, great Nation. Dream has attracted the best and most Nations’’ and published it in 1776. It

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.047 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2430 CONGRESSIONAL RECORD — HOUSE May 6, 2013 has been a foundation of American and react towards all these programs But look what President Obama has thought and the American Dream. It that are here? This is America. The done by his executive edict: he’s sus- has been a foundation of American en- huge magnet of the welfare state is at- pended the only work component that terprise and the foundation of Amer- tracting people to come to the United existed that was in one of the 80 dif- ica’s economic system. And if one is States to tap into the welfare system ferent means-tested Federal welfare taking the naturalization test and the much differently than back in the day programs, TANF, in violation directly question comes—there are little glossy when people came here to have access of the specific statute that was written flashcards on how you study this that to God-given liberty, that vision within then. USCIS puts out, U.S. Citizenship and the Statue of Liberty that just said to Now, Robert Rector came back to us Immigration Services. You can pick it them, Come here. You can work. You again in 2006 or so and wrote another up and it will say, ‘‘Who is the Father can earn. You can save. You can invest. report, and that’s the report that told of our country?’’ The answer is: George You can buy, sell, trade, make gain, Washington. ‘‘Who emancipated the and you can make do and you can us about the cost of illegal immigra- slaves?’’ The answer is Republican, make profit and you can make a for- tion and what it meant to our society Abraham Lincoln. That’s just a little tune in the United States of America. and our culture and our civilization. I reminder there, Mr. Speaker, for the 10 That message is now clouded. Sure, believe that that report was instru- percent or 12 percent of this population there’s opportunity here, but the taxes mental in America waking up and com- that seem to forget that. and the regulations are higher, higher ing to an understanding that there was Another question: ‘‘What’s the eco- than they’ve been in a long time. And a lot bigger equation than the simple nomic system of the United States?’’ the taxes and regulation drain the en- buzz words of ‘‘we have to bring them You snap that flashcard around and it ergy off of the entrepreneurs at the out of the shadows, but what are you says, ‘‘free enterprise capitalism.’’ same time that the welfare state is reg- going to do about the 11 or 12 million That’s the foundation of our economy. ulating and attracting people off of the that are here?’’ It’s curious to me that This economy has attracted people work rolls onto the welfare rolls. number hasn’t changed except has from all over the globe, and I recall Years ago, Steve Moore, who is now dropped by a million since 2006. that Professor Milton Friedman, one of one of the public commenters and a much published author—you’ll see him When I came to this Congress, I the most respected economists in the thought that the number of illegals in history of not only the world, but the on television a good number of times. He was with The Cato Institute at the America was someplace in the neigh- United States of America, a professor borhood of 20 million, the judgement of at the University of Chicago, a very time, I believe, and he was a founder and an original executive director of those that we knew were here, plus a well respected institution, made this calculation of those that we knew were statement: the Club for Growth. He said in words pretty close to this: People will do coming here, minus those that were An open borders policy is not compatible going back home and those that are de- with a welfare State. what you pay them to do. If you pay them not to work, they ceased. That came to a number that I Here we are, Mr. Speaker, and we live won’t work. If you pay them to stay thought approached 20 million people in a welfare State, and we have an open home, they’ll stay home. If you pay or more, and yet now we’re hearing, in borders policy. The welfare State and them if there’s not a father in the the time that I’ve been in Congress, the open borders policy are being pro- home, there at least officially will not more than a decade, 12 million illegals moted, pushed and advocated by the be a father in the home, although in America has now been reduced to 11 President of the United States. The you’ll have visitation going on, and million illegals in America. All the President who has—even though there you’ll have more children. If you pay while, the only thing that has changed was a minor little change made to wel- for them to have children at home in the dialogue of the left and the open fare reform here on the floor of this without a father, that’s what they will borders people has been, Well, we can’t Chamber in the mid-nineties. When the do. It’s a logical thing for people to deport—they used to say 12 million Republicans took the majority in 1994, react to the negative incentives that people. We can’t line up all the buses the welfare reform came in 1995 or 1996, come from government. and load up 12 million people. Now one of those 2 years, Bill Clinton, the So with that foundation, Mr. Speak- they’ve changed their dialogue. President, at least twice vetoed welfare er, it was interesting for me to pick up reform. ‘‘Welfare to work’’ was the the executive summary of the special Remember the people that were advo- mantra of the day. report dated May 6, 2013. It’s the Herit- cating that we needed to do something There was only one component of age Foundation report written by Rob- about man-caused global warming? welfare to work that actually was wel- ert Rector and Jason Richwine, Ph.D., They’ve changed their phrase now to be fare to work. There are over 80 dif- and it’s titled, ‘‘The Fiscal Cost of Un- ‘‘man-caused,’’ or else ‘‘climate ferent means-tested Federal welfare lawful Immigrants and Amnesty to the change.’’ ‘‘Global warming’’ has be- programs in the United States today. U.S. Taxpayer.’’ Well, this may be the come ‘‘climate change.’’ Twelve mil- There is not a single person in America third time that Robert Rector and the lion people that couldn’t be rounded up that can list you those welfare pro- people he’s worked with will have and put on buses now becomes 11 mil- grams from memory, which should be a saved America from a disaster. lion people. What happened to that pretty strong indicator there’s not a Robert Rector was a central player in other million? Especially when we have single person in the United States that writing the language of ‘‘welfare to a pretty good measure that they’re could also tell you how those 80 dif- work’’ back in 1995 and 1996. He wrote coming across the border at a rate of ferent means-tested welfare programs it very tight, and he wrote it in such a something like 4 million a year. If that will affect the way people act, whether way that it prohibited the President of number has been reduced by half and it encourages them to go to work or the United States from suspending the maybe today it’s 2 million people, encourages them to quit their job; work component of TANF, the Tem- that’s still a lot of people. The cumu- whether it encourages them to get porary Assistance for Needy Families. lative effect of this population that’s married or whether it encourages them The only component out of the 80 dif- growing in the United States, it’s not to get a divorce; whether it encourages ferent means-tested programs that had going down from 12 million; it has to be them to raise the children within the actually required work, they made sure going up from 12 million. If it’s not, we home, or whether it encourages them that an executive that wanted to give have a problem that’s solving itself, to not kick them out on the street, or license to people to use the program Mr. Speaker. Yet, a pragmatic view- horribly, potentially, get an abortion. but not follow the directive of Con- point is not going to be something that How do all of these 80 different gress, the law, would be taken away, the people on the other side of this ar- means-tested welfare programs inter- and that the President couldn’t just gument ascribe to because they have act with each other and what is the net simply by whim or executive order or an agenda that’s a little bit different result of which direction our society edict violate the law and eliminate the than, I think, the practical application goes? Let alone the question on each work component to TANF, Temporary of what’s good for the United States of precious individual. How do they act Assistance for Needy Families. America.

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.049 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2431 b 2150 Now it’s true that if you look at the been analyzed before, have been tested Robert Rector of the Heritage Foun- proposal of the 844-page bill delivered before. And yes, there will be those dation in his report that came out by the Gang of Eight, the average ille- who will seek to discredit this, but I today, May 6, 2013, lays out some of gal household during the interim phase would say to them, step back, take an these points economically. I can talk of the kick-in over the next 13 years, objective look, and ask yourself the about the cultural, the constitutional, actually they’ll tap into the govern- question: Even though you might be- the rule of law part, but he lays them ment a little bit less, about $3,000 a lieve that historically large numbers of out economically. He makes these year less than the $14,387. It’ll be legal immigrants coming into the points in this executive summary, that $11,455. That’ll be the net cost per United States have developed them- there are four different ways that fed- household. But once they are legalized, selves economically and fit into the erally funded benefits are distributed. the average, I call it the post-interim economic component of the United One is in direct benefits. That’s the household, will be drawing down a net States, even though you might believe form of Social Security, Medicare, un- cost of $28,000 a year, and the average that—and I do believe that, Mr. Speak- employment insurance, and workers retirement cost is going to be $22,700 a er. A hundred years ago, this country comp. That’s the direct benefits com- year. had a need for skilled and unskilled ponent of it. So the current law, under current labor, an educated and uneducated The second one is the means-tested law, illegal households are a net cost to workforce, but today it’s a different welfare benefits, the 80 different Fed- the taxpayer today, under current law, world. Today it’s a technological eral means-tested welfare benefits. of $54.5 billion a year—$54.5 billion a world. Today it requires an education. That totals around $900 billion a year year. If we go into an interim phase, if It requires technical skills. in welfare. That provides cash for food, the bill in the Senate is passed, then We have a completely adequate sup- housing, medical, and other services. it’s going to be an annual cost—it’s ply of low and unskilled workforce. In There’s about 100 million people in the less, remember I said—of $43.4 billion a fact, we have an oversupply of low and means-tested welfare system, and that year, and that’s through that phase unskilled workforce. In every category could be Medicaid, food stamps, earned over the next 13 years. But after that, that shows the highest levels of unem- income tax credit, public housing, sup- it legalizes a lot of people, around 33 ployment, we also see that those with plemental Social Security income, million people according to the highest levels of unemployment are Temporary Assistance for Needy Fami- NumbersUSA, and I’m not sure that’s in the lowest and unskilled workforce. lies. That’s the one work component the number Rector is using, but it le- This isn’t 1900. This is 2013. America that I talked about; President Obama galizes a lot more people, and they needs educated people, talented people, has removed the work requirement. have access to a lot more public serv- people who contribute to the economy Now it’s just another welfare program. ices, a lot more of that borrowed and pay a net increase in taxes over So there’s two categories: direct ben- money from China that goes in to fund their lifetime so this economy can efits; the second category, means-test- the welfare state that Milton Friedman grow; and to take on the load of fund- ed welfare benefits. talked about, and now after that in- ing people who would come here with- The third category, public education, terim phase, 13 years down the road, out skills and without prospects of which is costing an average of about the post-interim phase, the net cost to those skills is a foolish thing to do $12,300 annually per pupil. the taxpayer—net—$106 billion a year. from an economic perspective. And the fourth benefit is population- And into the retirement phase for the There will be those who say maybe based services, which include fire serv- same generation of them, the net cost so, but the next generation will far sur- ices, police services, parks, and those to the taxpayer is $160 billion a year. pass. This is a multigenerational in- kinds of things that it takes for people So it boils down to this in the Herit- vestment, to which Robert Rector says, to have a way to live in this society. age study that was released today, a no; even if the second generation all Of those four categories then, people lifetime summary, it’s this: that those graduated from college, if they all use them, if they are legally here or il- who are here today that are unlawfully turned in this ability to have an aver- legally here, and often they will, the present in the United States will be age college surplus of $29,250, they still people who are here working here ille- collecting $9.4 trillion over their life- could not pay back the deficit of $6.3 gally will pay taxes. It’s an honest time. They will pay $3.1 trillion in trillion. And all of them are not going thing. But they’re also drawing down taxes, and they’ll have a net benefit of to go to college. About 13 percent will. public benefits. $6.3 trillion as far as the collections So that’s a quick summary of the So if I would draw some numbers off that they would have from the tax- Rector study. I appreciate your atten- of the Rector report, Mr. Speaker, the payer. tion and the privilege to address you average household of an illegal house- What nation in its right mind would here on the floor. hold will draw down $31,584 a year in go down a path like this and try to con- I yield back the balance of my time. public benefits. But if the household is vince Americans that somehow this is f headed by a college graduate, the dif- an economic development situation? ference is instead they will pay taxes HOUSE BILLS APPROVED BY THE I go to page 3 of the executive sum- PRESIDENT and draw down some benefits, but they mary, Mr. Speaker, and Robert Rector will have a net contribution of $29,250 a makes this point: The President notified the Clerk of year. Look at the difference; it’s At every stage of the life cycle, unlawful the House that on the following dates $60,000-plus. The average dropout, a immigrants, on average, generate fiscal defi- he had approved and signed bills of the household headed by a high school cits (benefits exceed taxes). Unlawful immi- following titles: dropout, without regard to their sta- grants, on average, are always tax con- January 6, 2013: tus, legal or illegal, they will have a sumers; they never once generate a ‘‘fiscal H.R. 41. An Act to temporarily increase the net cost of $35,113 a year. They’ll pay in surplus’’ that can be used to pay for govern- borrowing authority of the Federal Emer- taxes, and they’ll draw down benefits, ment benefits elsewhere in society. This sit- gency Management Agency for carrying out and the average net cost to the tax- uation obviously will get much worse after the National Flood Insurance Program. payer is $35,113. amnesty. January 29, 2013: That, Mr. Speaker, is the bottom line H.R. 152. An Act making supplemental ap- The average illegal household, how- propriations for the fiscal year ending Sep- ever, and the average has a 10th grade on the Rector report. That’s the eco- tember 30, 2013, to improve and streamline education, the average household head- nomic analysis. I know that there is a disaster assistance for Hurricane Sandy, and ed by someone who is unlawfully competing analysis out there. I would for other purposes. present in the United States, there’ll submit that that competing analysis, February 4, 2013: be a net cost to the taxpayer of $14,387. which I’ve read, conflates the terms H.R. 325. An Act to ensure the complete Now why is that so cheap? Well, it’s be- ‘‘legal’’ and ‘‘illegal,’’ and it calculates and timely payment of the obligations of the the economic benefit but not the full United States Government until May 19, cause the law blocks access to many of 2013, and for other purposes. these programs; and if and when they cost. This study is a study that has March 13, 2013: are legalized, they start to have access been through the mill before. The prin- H.R. 307. An Act to reauthorize certain pro- to these programs. ciples that it was founded upon have grams under the Public Health Service Act

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MY7.051 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2432 CONGRESSIONAL RECORD — HOUSE May 6, 2013 and the Federal Food, Drug, and Cosmetic he had approved and signed bills of the Mrs. WALORSKI (at the request of Mr. Act with respect to public health security Senate, of the following titles: CANTOR) for today on account of flight and all-hazards preparedness and response, March 7, 2013: delays. and for other purposes. S. 47. An Act to reauthorize the Violence March 26, 2013: Against Women Act of 1994. f H.R. 933. An Act making consolidated ap- April 15, 2013: propriations and further continuing appro- S. 716. An Act to modify the requirements ADJOURNMENT priations for the fiscal year ending Sep- under the STOCK Act regarding online ac- tember 30, 2013. cess to certain financial disclosure state- Mr. KING of Iowa. Mr. Speaker, I f ments and related forms. move that the House do now adjourn. f The motion was agreed to; accord- SENATE BILLS APPROVED BY THE ingly (at 10 p.m.), under its previous PRESIDENT LEAVE OF ABSENCE order, the House adjourned until to- The President notified the Clerk of By unanimous consent, leave of ab- morrow, Tuesday, May 7, 2013, at 10 the House that on the followingh dates sence was granted to: a.m. for morning-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first and sec- ond quarters of 2013 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL TO ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 17 AND MAR. 20, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Chris Smith ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Hon. Jeff Fortenberry ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Hon. Robert Aderholt ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Hon. James Langevin ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Hon. Anna Eshoo ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Hon. Rube´n Hinojosa ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Hon. Loretta Sanchez ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Hon. Rosa DeLauro ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Hon. Dan Lipinski ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Rev. Patrick Conroy ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 David Schnittger ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Janice Robinson ...... 3/18 3/20 Italy ...... 2,140.00 ...... 2,048.00 ...... 4,188.00 Catlin O’Neill ...... 3/17 3/20 Italy ...... 3,261.00 ...... 2,048.00 ...... 5,309.00 Bridget Charville ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 David Adams ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00 Timothy Dupuis ...... 3/18 3/20 Italy ...... 1,558.00 ...... 2,048.00 ...... 3,606.00

Committee total ...... 30,123.00 ...... 32,768.00 ...... 62,891.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. CHRISTOPHER H. SMITH, Apr. 19, 2013

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL TO THE UNITED KINGDOM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 18, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Marsha Blackburn ...... 4 /16 4 /18 United Kingdom ...... 1,104.00 ...... 1,181.00 ...... 2,285.00 Hon. Michele Bachmann ...... 4/16 4/18 United Kingdom ...... 1,104.00 ...... 1,181.00 ...... 2,285.00 Hon. George Holding ...... 4 /16 4 /18 United Kingdom ...... 1,104.00 ...... 1,181.00 ...... 2,285.00 Janice Robinson ...... 4/16 4/18 United Kingdom ...... 1,104.00 ...... 1,181.00 ...... 2,285.00

Committee total ...... 4,416.00 ...... 4,724.00 ...... 9,140.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. MARSHA BLACKBURN, Apr. 25, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Dan Benishek ...... 1 /25 1 /26 Israel ...... 498.00 ...... (3) ...... 1,724.08 ...... 2,222.08 1/26 1/27 Bangladesh ...... 294.93 ...... (3) ...... 224.03 ...... 518.96 1/27 2/2 India ...... 1,982.18 ...... (3) ...... 1,904.26 ...... 3,886.44 2 /2 2 /3 Portugal ...... 278.00 ...... (3) ...... 469.75 ...... 747.75

Committee total ...... 3,053.11 ...... 4,322.39 ...... 7,375.23

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. FRANK D. LUCAS, Chairman, Apr. 25, 2013.

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 8634 E:\CR\FM\A06MY7.020 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2433 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Visit to Bahrain, January 27–February 1, 2013: Kevin Gates ...... 1/28 2/1 Bahrain ...... 1,188.72 ...... 1,188.72 Commercial transportation ...... 10,106.20 ...... 10,106.20 Mark Lewis ...... 1/28 2/1 Bahrain ...... 1,188.72 ...... 1,188.72 Commercial transportation ...... 10,106.20 ...... 10,106.20 Timothy McClees ...... 1 /28 2 /1 Bahrain ...... 1,188.72 ...... 1,188.72 Commercial transportation ...... 10,106.20 ...... 10,106.20 Phillip MacNaughton ...... 1 /28 2 /1 Bahrain ...... 1,188.72 ...... 1,188.72 Commercial transportation ...... 10,106.20 ...... 10,106.20 Delegate Expenses ...... 1/28 2/1 Bahrain ...... 716.18 ...... 716.18 Visit to Germany, Italy, Turkey, Israel, January 23– February 1, 2013: Hon. Rob Wittman ...... 1 /24 1 /26 Germany ...... 373.50 ...... 373.50 1/26 1/28 Israel ...... 996.00 ...... 996.00 1/28 1/30 Turkey ...... 408.03 ...... 408.03 1/30 2/1 Italy ...... 227.00 ...... 227.00 Hon. Hank Johnson ...... 1 /24 1 /26 Germany ...... 199.93 ...... 199.93 1/26 1/28 Israel ...... 888.88 ...... 888.88 1/28 1/30 Turkey ...... 195.62 ...... 195.62 1/30 2/1 Italy ...... 227.00 ...... 227.00 Michele Pearce ...... 1/24 2/26 Germany ...... 360.00 ...... 360.00 1/26 1/28 Israel ...... 996.00 ...... 996.00 1/28 2/30 Turkey ...... 408.03 ...... 408.03 1/30 1/1 Italy ...... 227.00 ...... 227.00 Vickie Plunkett ...... 1/24 2/26 Germany ...... 178.09 ...... 178.09 1/26 1/28 Israel ...... 807.75 ...... 807.75 1/28 1/30 Turkey ...... 278.03 ...... 278.03 1/30 1/1 Italy ...... 227.00 ...... 227.00 Ryan Crumpler ...... 1/24 2/26 Germany ...... 360.00 ...... 360.00 1/26 1/28 Israel ...... 996.00 ...... 996.00 1/28 1/30 Turkey ...... 408.03 ...... 408.03 1/30 1/1 Italy ...... 227.00 ...... 227.00 Delegation expenses ...... 1/28 1/30 Turkey ...... 1,201.75 ...... 1,201.75 Visit to Qatar, Bahrain, United Arab Emirates, January 27–February 1, 2013: Alexander Gallo ...... 1 /28 1 /30 Qatar ...... 679.65 ...... 679.65 1/30 1/31 Bahrain ...... 1/31 2/1 United Arab Emirates ...... 728.69 ...... 728.69 Commercial transportation ...... 21,022.00 ...... 21,022.00 Michael Casey ...... 1/28 2/30 Qatar ...... 679.65 ...... 679.65 1/30 1/31 Bahrain ...... 1/31 2/1 United Arab Emirates ...... 728.69 ...... 728.69 Commercial transportation ...... 24,689.40 ...... 24,689.40 Douglas Bush ...... 1/28 1/30 Qatar ...... 679.65 ...... 679.65 1/30 1/31 Bahrain ...... 1/31 2/1 United Arab Emirates ...... 728.69 ...... 728.69 Commercial transportation ...... 24,689.40 ...... 24,689.40 Leonor Tomero ...... 1/28 1/30 Qatar ...... 679.65 ...... 679.65 1/30 1/31 Bahrain ...... 1/31 2/1 United Arab Emirates ...... 728.69 ...... 728.69 Commercial transportation ...... 20,987.00 ...... 20,987.20 Delegation expenses ...... 1/30 2/1 United Arab Emirates ...... 625.26 ...... 106.56 ...... 713.81 ...... 1,445.63 Visit to Germany with Codel McCain, February 1– 3, 2013: Hon. Michael Turner ...... 2/1 2/3 Germany ...... 1,258.39 ...... 1,258.39 Hon. Loretta Sanchez ...... 2/1 2/3 Germany ...... 953.51 ...... 953.51 Visit to England, Germany, February 17–22, 2013: Catherine McElroy ...... 2 /17 2 /20 England ...... 212.56 ...... 212.56 2/20 2/22 Germany ...... 78.56 ...... 78.56 Commercial transportation ...... 2,473.80 ...... 2,473.80 Kimberly Shaw ...... 2/17 2/20 England ...... 236.00 ...... 236.00 2/20 2/22 Germany ...... 100.00 ...... 100.00 Commercial transportation ...... 2,473.80 ...... 2,473.80 Stephen Kitay ...... 2/17 2/20 England ...... 212.56 ...... 212.56 2/20 2/22 Germany ...... 78.56 ...... 78.56 Commercial transportation ...... 2,473.80 ...... 2,473.80 Timothy McClees ...... 2 /17 2 /20 England ...... 360.00 ...... 360.00 2/20 2/22 Germany ...... 226.00 ...... 226.00 Commercial transportation ...... 2,473.80 ...... 2,473.80 Visit to Jordan, Iraq, February 14–20, 2013: Alexander Gallo ...... 2 /15 2 /18 Jordan ...... 608.92 ...... 608.92 2/16 2/17 Iraq ...... Commercial transportation ...... 10,841.00 ...... 10,841.00 Michael Casey ...... 2/15 2/18 Jordan ...... 608.92 ...... 608.92 2/16 2/17 Iraq ...... Commercial transportation ...... 18,841.00 ...... 10,841.00 Delegation expenses ...... 2/15 2/27 Jordan ...... 127.92 ...... 146.57 ...... 274.49 Visit to Afghanistan, United Arab Emirates, March 7–12, 2013: Hon. Howard P. ‘‘Buck’’ McKeon ...... 3 /8 3/10 Afghanistan ...... 56.00 ...... 56.00 3/10 3/12 United Arab Emirates ...... 1,048.00 ...... 1,048.00 Commercial transportation ...... 10,755.50 ...... 10,755.50 Hon. Duncan Hunter ...... 3/8 3 /10 Afghanistan ...... 56.00 ...... 56.00 3/10 3/12 United Arab Emirates ...... 1,048.00 ...... 1,048.00 Commercial transportation ...... 10,755,50 ...... 10,755.50 Hon. Paul Cook ...... 3/8 3 /10 Afghanistan ...... 56.00 ...... 56.00 3/10 3/12 United Arab Emirates ...... 1,048.00 ...... 1,048.00 Commercial transportation ...... 10,755,50 ...... 10,755.50 Robert L. Simmons, II ...... 3 /8 3/10 Afghanistan ...... 56.00 ...... 56.00 3/10 3/12 United Arab Emirates ...... 1,048.00 ...... 1,048.00 Commercial transportation ...... 10,755,50 ...... 10,755.50 Robert L. Simmons, II ...... 3 /8 3/10 Afghanistan ...... 56.00 ...... 56.00 3/10 3/12 United Arab Emirates ...... 1,048.00 ...... 1,048.00 Commercial transportation ...... 10,755,50 ...... 10,755.50 Delegation expenses ...... 3/10 3/12 United Arab Emirates ......

Committee total ...... 31,658.12 ...... 163,624.28 ...... 56,344.35 ...... 251,626.75 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. HOWARD P. ‘‘BUCK’’ McKEON, Chairman, Apr. 30, 2013.

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 8634 E:\CR\FM\A06MY7.001 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2434 CONGRESSIONAL RECORD — HOUSE May 6, 2013 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Chris Van Hollen ...... 2/18 2/20 Cuba ...... 500.00 ...... (3) ...... 500.00 Commercial transportation ...... 333.00 ...... 333.00

Committee total ...... 500.00 ...... 333.00 ...... 833.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. PAUL RYAN, Chairman, Apr. 26, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign U.S. dollar equiva- Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency lent or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Suzanne Bonamici ...... 2/17 2/19 South Korea ...... 633.52 ...... 3 13,537.00 ...... 14,170.52 Delegation expenses ...... 2/17 2/19 South Korea ...... 1,235.64 ...... 1,235.64 2/19 2/19 Vietnam ...... 555.77 ...... 555.77 Delegation expenses ...... 2/19 2/21 Vietnam ...... 568.62 ...... 568.62 2/21 2/22 Cambodia ...... 369.00 ...... 369.00 Delegation expenses ...... 2/21 2/22 Cambodia ...... 459.78 ...... 459.78

Committee total ...... 1,558.29 ...... 13,537.00 ...... 2,264.04 ...... 17,359.33

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Transportation cost: inclusive of all countries visited. HON. JOHN KLINE, Chairman, Apr. 24, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ETHICS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. K. MICHAEL CONAWAY, Chairman, Apr. 17, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Stevan Pearce ...... 1/7 1 /8 Republic of Korea ...... 209.00 ...... (3) ...... 209.00 1 /8 1 /9 Taiwan ...... 266.29 ...... (3) ...... 266.29 1 /9 1 /10 Thailand ...... 167.89 ...... (3) ...... 167.89 1/10 1/12 Ethiopia ...... 826.44 ...... (3) ...... 826.44 1/12 1/13 Rwanda ...... 253.21 ...... (3) ...... 253.21 1/13 1/14 Burkina Faso ...... 198.60 ...... (3) ...... 198.60 Hon. Terri Sewell ...... 2/18 2/19 Senegal ...... 167.09 ...... (3) ...... 167.09 2/18 2/18 Mali ...... (3) ...... 2/19 2/22 South Africa ...... 1,538.81 ...... (3) ...... 1,538.81 2/23 2/24 Democratic Republic of the Congo ...... 396.00 ...... (3) ...... 396.00 2/24 2/25 Morocco ...... 171.43 ...... (3) ...... 171.43

Committee total ...... 4,194.76 ...... 4,194.76

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JEB HENSARLING, Chairman, Apr. 30, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013.

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. CANDICE S. MILLER, Chairman, Apr. 10, 2013.

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 8634 E:\CR\FM\A06MY7.001 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2435 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Sheila Jackson Lee ...... 2/16 2/19 Korea ...... 316.76 ...... 19,969.70 ...... 1,235.64 ...... 21,522.10 2/19 2/21 Vietnam ...... 833.64 ...... 568.62 ...... 1,402.26 Hotel no show charge ...... Cambodia ...... 142.00 ...... 142.00 2/22 2/22 Germany ...... 580.00 ...... 580.00 Committee total ...... 1,292.40 ...... 19,969.70 ...... 2,384.26 ...... 23,646.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. BOB GOODLATTE, Chairman, Apr. 18, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Lale Mamaux ...... 2/15 2/17 Israel ...... 996.00 ...... 996.00 2/18 2/20 Turkey ...... 1,022.31 ...... 1,022.31 2/21 2/23 Austria ...... 1,170.70 ...... 1,170.70 Hon. James McGovern ...... 2/18 2/20 Cuba ...... 500.00 ...... 333.00 ...... 833.00 Committee total ...... 3,689.01 ...... 333.00 ...... 4,022.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. PETE SESSIONS, Chairman, Apr. 17, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Scott Tipton ...... 1 /25 1 /26 Israel ...... 498.00 ...... (3) ...... 1,724.08 ...... 2,222.08 1/26 1/27 Bangladesh ...... 294.93 ...... (3) ...... 224.93 ...... 518.96 1/27 2/2 India ...... 1,982.18 ...... (3) ...... 1,904.26 ...... 3,886.44 2 /2 2 /3 Portugal ...... 278.00 ...... (3) ...... 469.75 ...... 747.75 Committee total ...... 3,053.11 ...... 4,323.02 ...... 7,375.23 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. SAM GRAVES, Chairman, Apr. 29, 2013.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013

Date Per diem 1 Transportation Other purposes Total U.S. dollar Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Allison Hollabaugh ...... 1/26 2/1 Ukraine ...... 1,243.40 ...... 2,462.30 ...... 3,705.70 Shelly Han ...... 2/3 2/6 Austria ...... 901.00 ...... 1,828.10 ...... 2,729.10 Paul Carter ...... 2 /15 2 /20 Armenia ...... 1,180.58 ...... 13,476.80 ...... 14,657.38 Janice Helwig ...... 1/11 3/22 Austria ...... 20,959.84 ...... 1,828.10 ...... 22,787.94 3/15 3/19 Australia ...... 1,697.00 ...... 11,506.20 ...... 13,203.20 Committee total ...... 25,981.82 ...... 31,101.50 ...... 57,083.32 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. CHRISTOPHER H. SMITH, Apr. 25, 2013.

EXECUTIVE COMMUNICATIONS, lining Temporary Amendment Act of 2013’’; Amendment Act of 2013’’; to the Committee ETC. to the Committee on Oversight and Govern- on Oversight and Government Reform. ment Reform. 1383. A letter from the Principal Deputy Under clause 2 of rule XIV, executive 1380. A letter from the Chairman, Council communications were taken from the Assistant Attorney General, Department of of the District of Columbia, transmitting Justice, transmitting a status report on the Speaker’s table and referred as follows: Transmittal of D.C. ACT 20-59, ‘‘Temporary Bureau of Prisons’ compliance with the Na- 1377. A letter from the Administrator, De- Assistance for Needy Families Time Exten- tional Revitalization and Self-Government partment of Energy, transmitting a report sion Temporary Amendment Act of 2013’’; to Improvement Act of 1997; to the Committee on The Availability and Price of Petroleum the Committee on Oversight and Govern- on the Judiciary. and Petroleum Products Produced in Coun- ment Reform. 1384. A letter from the Principal Deputy tries Other Than Iran; to the Committee on 1381. A letter from the Chairman, Council Assistant Attorney General, Department of Energy and Commerce. of the District of Columbia, transmitting 1378. A letter from the Inspector General, Transmittal of D.C. ACT 20-60, ‘‘Egregious Justice, transmitting the Department’s re- Department of Health and Human Services, First-Time Sale to Minor Clarification Tem- port providing an estimate of the dollar transmitting the Fiscal Year 2012 Medicaid porary Amendment Act of 2013’’; to the Com- amount of claims (together with related fees Integrity Program Report; to the Committee mittee on Oversight and Government Re- and expenses of witnesses) that, by reason of on Energy and Commerce. form. the acts or omissions of free clinic health 1379. A letter from the Chairman, Council 1382. A letter from the Chairman, Council professionals will be paid for in 2014; to the of the District of Columbia, transmitting of the District of Columbia, transmitting Committee on the Judiciary. Transmittal of D.C. ACT 20-54, ‘‘Permanent Transmittal of D.C. ACT 20-63, ‘‘Captive 1385. A letter from the Principal Deputy Supportive Housing Application Stream- Earthquake Property Insurance Temporary Assistant Attorney General, Department of

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MY7.001 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2436 CONGRESSIONAL RECORD — HOUSE May 6, 2013 Justice, transmitting the Department’s re- year 2018 the authorization for certain the Secretary of Veterans Affairs; to the port detailing activities under the Civil health care workforce loan repayment pro- Committee on Veterans’ Affairs, and in addi- Rights of Institutionalized Persons Act dur- grams; to the Committee on Energy and tion to the Committee on Armed Services, ing Fiscal Year 2012; to the Committee on Commerce. for a period to be subsequently determined the Judiciary. By Mr. COURTNEY (for himself, Ms. by the Speaker, in each case for consider- 1386. A letter from the Assistant Chief DELAURO, Mr. FITZPATRICK, Mr. ation of such provisions as fall within the ju- Counsel for Hazardous Materials Safety, De- HIMES, Mr. LARSON of Connecticut, risdiction of the committee concerned. partment of Transportation, transmitting Mr. MCINTYRE, Mr. MEEHAN, Mr. By Mrs. NOEM: the Department’s final rule — Hazardous Ma- THOMPSON of Pennsylvania, Mr. H.R. 1836. A bill to enhance training and terials: Revision of Maximum and Minimum TONKO, and Ms. ESTY): cooperation between law enforcement offi- Civil Penalties [Docket No.: PHMSA-2012- H.R. 1828. A bill to amend the Omnibus cers to respond to and prevent domestic vio- 0257] (RIN: 2137-AE96) received May 2, 2013, Crime Control and Safe Streets Act of 1968 to lence and sexual assault in Indian country, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- extend public safety officers’ death benefits to swiftly bring perpetrators to justice, to mittee on Transportation and Infrastruc- to fire police officers; to the Committee on commission a GAO study, and for other pur- ture. the Judiciary. poses; to the Committee on the Judiciary, and in addition to the Committee on Natural 1387. A letter from the Assistant Chief By Mrs. CAPITO (for herself, Mr. BARR, Resources, for a period to be subsequently Counsel for Hazardous Materials Safety, De- Mr. SHIMKUS, Mrs. LUMMIS, Mr. STIV- determined by the Speaker, in each case for partment of Transportation, transmitting ERS, Mrs. WAGNER, Mr. JOHNSON of consideration of such provisions as fall with- the Department’s final rule — Hazardous Ma- Ohio, Mr. GRIFFITH of Virginia, Mr. in the jurisdiction of the committee con- terials: Miscellaneous Petitions for Rule- WHITFIELD, Mr. MCKINLEY, and Mr. cerned. making (RRR) [Docket No.: PHMSA-2011-0142 LATTA): By Mr. PALLONE (for himself, Mr. (HM-219)] (RIN: 2137-AE79) received May 2, H.R. 1829. A bill to amend the Federal REICHERT, Mr. YARMUTH, Ms. LINDA 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Water Pollution Control Act to provide guid- T. SA´ NCHEZ of California, Ms. Committee on Transportation and Infra- ance and clarification regarding issuing new SLAUGHTER, Mr. HOLT, Mr. SARBANES, structure. and renewal permits, and for other purposes; Mr. CONYERS, Mr. CAPUANO, Mrs. 1388. A letter from the Assistant Chief to the Committee on Transportation and In- DAVIS of California, Mr. VAN HOLLEN, Counsel for Hazardous Materials Safety, De- frastructure. Mr. FITZPATRICK, Mr. SMITH of Wash- partment of Transportation, transmitting By Mrs. CAPITO (for herself, Ms. CAS- ington, Mr. WAXMAN, Mr. HONDA, Mr. the Department’s final rule — Hazardous Ma- TOR of Florida, Ms. BASS, Mrs. BLACK- MORAN, Mr. PRICE of North Carolina, terials: Harmonization with the United Na- BURN, Mr. LATHAM, Mr. LOEBSACK, Ms. NORTON, Mr. TIERNEY, Mr. RAN- tions Recommendations on the Transport of Mr. MARKEY, Ms. MOORE, and Mr. GEL, Ms. EDWARDS, Mr. HIMES, Ms. Dangerous Goods: Model Regulations, Inter- TIBERI): PINGREE of Maine, Ms. CASTOR of national Maritime Dangerous Goods Code, H.R. 1830. A bill to provide for the estab- Florida, Mr. SCOTT of Virginia, Mr. and International Civil Aviation Organiza- lishment of a Commission to Accelerate the SCHIFF, Mr. COURTNEY, Mr. CUM- tion Technical Instructions for the Safe End of Breast Cancer; to the Committee on MINGS, Ms. TSONGAS, Mr. NADLER, Ms. Transport of Dangerous Goods by Air [Dock- Energy and Commerce. CHU, Mr. DEUTCH, Mr. JOHNSON of et No.: PHMSA-2009-0126 (HM-215K)] (RIN: By Mr. BENTIVOLIO: Georgia, Mr. ELLISON, Ms. EDDIE BER- 2137-AE83) received May 2, 2013, pursuant to H.R. 1831. A bill to preserve the constitu- NICE JOHNSON of Texas, Ms. MCCOL- 5 U.S.C. 801(a)(1)(A); to the Committee on tional authority of Congress and ensure ac- LUM, Mr. LEWIS, Mr. POLIS, Mr. Transportation and Infrastructure. countability and transparency in legislation; MICHAUD, Mr. GRAYSON, Mr. COOPER, 1389. A letter from the Assistant Chief to the Committee on the Judiciary, and in Mr. LIPINSKI, Mr. MCDERMOTT, Mr. Counsel for Hazardous Materials Safety, De- addition to the Committee on Rules, for a HASTINGS of Florida, Ms. ESHOO, and partment of Transportation, transmitting period to be subsequently determined by the Mr. COHEN): the Department’s final rule — Hazardous Ma- Speaker, in each case for consideration of such provisions as fall within the jurisdic- H.R. 1837. A bill to amend the Federal terials; Miscellaneous Amendments (RRR) Water Pollution Control Act to clarify that [Docket No.: PHMSA-2011-0138 (HM-218G)] tion of the committee concerned. By Mr. BISHOP of New York (for him- fill material cannot be comprised of waste; (RIN: 2137-AE78) received May 2, 2013, pursu- to the Committee on Transportation and In- ant to 5 U.S.C. 801(a)(1)(A); to the Committee self and Mr. JONES): H.R. 1832. A bill to amend chapter 21 of frastructure. on Transportation and Infrastructure. title 5, United States Code, to provide that By Mr. STIVERS (for himself and Mr. 1390. A letter from the Paralegal Spe- fathers of certain permanently disabled or MORAN): cialist, Department of Transportation, trans- deceased veterans shall be included with H.R. 1838. A bill to amend title XIX of the mitting the Department’s final rule — Air- mothers of such veterans as preference eligi- Social Security Act to apply the Medicaid worthiness Directives; The Boeing Company bles for treatment in the civil service; to the primary care payment rate to additional Airplanes [Docket No.: FAA-2012-0803; Direc- physician providers of primary care services; Committee on Oversight and Government torate Identifier 2011-NM-214-AD; Amend- to the Committee on Energy and Commerce. Reform. ment 39-17419; AD 2013-08-02] (RIN: 2120-AA64) By Mr. TIPTON: By Ms. DELAURO (for herself, Ms. received May 2, 2013, pursuant to 5 U.S.C. H.R. 1839. A bill to designate certain Fed- SCHAKOWSKY, Mr. RANGEL, Ms. 801(a)(1)(A); to the Committee on Transpor- eral land in the San Juan National Forest in MOORE, Ms. JACKSON LEE, Ms. WILSON the State of Colorado as wilderness, and for tation and Infrastructure. ´ of Florida, Mr. CARDENAS, Ms. LEE of other purposes; to the Committee on Natural f California, Mr. ELLISON, and Mr. Resources. REPORTS OF COMMITTEES ON SCOTT of Virginia): By Ms. TSONGAS (for herself and Mr. H.R. 1833. A bill to amend the Incentive PUBLIC BILLS AND RESOLUTIONS NEAL): Grants for Local Delinquency Prevention H.R. 1840. A bill to amend the Internal Rev- Under clause 2 of rule XIII, reports of Programs under the Juvenile Justice and De- enue Code of 1986 to exclude from income and committees were delivered to the Clerk linquency Prevention Act of 1974 to add gen- employment taxes real property tax abate- for printing and reference to the proper der-responsive services to the list of author- ments for seniors and disabled individuals in calendar, as follows: ized grant purposes; to the Committee on exchange for services; to the Committee on Education and the Workforce. Ways and Means. Ms. FOXX: Committee on Rules. House By Mr. GRIJALVA: By Mr. WELCH: Resolution 198. Resolution providing for con- H.R. 1834. A bill to establish a bipartisan H.R. 1841. A bill to provide for an earlier sideration of the bill (H.R. 1406) to amend the 21st Century Great Outdoors Commission to start for State health care coverage innova- Fair Labor Standards Act of 1938 to provide assess the use, value, job creation, and eco- tion waivers under the Patient Protection compensatory time for employees in the pri- nomic opportunities associated with the out- and Affordable Care Act, and for other pur- vate sector (Rept. 113–51). Referred to the door resources of the public lands and other poses; to the Committee on Energy and Com- House Calendar. land and water areas of the United States, merce, and in addition to the Committee on f and for other purposes; to the Committee on Ways and Means, for a period to be subse- Natural Resources. quently determined by the Speaker, in each PUBLIC BILLS AND RESOLUTIONS By Mrs. LOWEY (for herself, Mrs. case for consideration of such provisions as Under clause 2 of rule XII, public CAPPS, Ms. BORDALLO, Mr. COURTNEY, fall within the jurisdiction of the committee bills and resolutions of the following Mr. CONNOLLY, Ms. DELAURO, Mr. concerned. titles were introduced and severally re- LANCE, Ms. MCCOLLUM, Mr. POLIS, By Ms. SCHAKOWSKY (for herself, Ms. and Mr. SCHIFF): LEE of California, Ms. MATSUI, and ferred, as follows: H.R. 1835. A bill to provide that service of Ms. LINDA T. SA´ NCHEZ of California): By Mr. COURTNEY (for himself, Mr. the members of the organization known as H. Res. 197. A resolution expressing the TONKO, and Mr. MCDERMOTT): the United States Cadet Nurse Corps during sense of the House of Representatives that H.R. 1827. A bill to amend the Public World War II constituted active military supporting seniors and individuals with dis- Health Service Act to extend through fiscal service for purposes of laws administered by abilities is an important responsibility of the

VerDate Mar 15 2010 02:42 May 07, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\L06MY7.000 H06MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 6, 2013 CONGRESSIONAL RECORD — HOUSE H2437 United States, and that a comprehensive ap- provide for the common Defence and general Article I, Section 8, Clause 18 proach to expanding and supporting a strong Welfare of the United States.... The Congress shall have power to make all home care workforce and making long-term By Mrs. CAPITO: Laws which shall be necessary and proper for services and supports affordable and acces- H.R. 1829. carrying into Execution the foregoing Pow- sible in communities is necessary to uphold Congress has the power to enact this legis- ers, and all other Powers vested by the Con- the right of seniors and individuals with dis- lation pursuant to the following: stitution in the Goverment of the United abilities in the United States to a dignified This bill is enacted pursuant to the power States, or in any Department or Officer quality of life; to the Committee on Energy granted to Congress under Article I, Section thereof. and Commerce. 8 of the United States Constitution, specifi- By Mr. STIVERS: By Ms. MCCOLLUM (for herself, Mrs. cally Clause 3 (related to regulation of Com- H.R. 1838. LOWEY, Mr. RYAN of Ohio, Mr. merce among the States). Congress has the power to enact this legis- MCGOVERN, Ms. BORDALLO, Ms. By Mrs. CAPITO: lation pursuant to the following: MOORE, Mr. CONYERS, and Mr. RAN- H.R. 1830. Article I, section 8, Clause I of the United GEL): Congress has the power to enact this legis- States Constitution H. Res. 199. A resolution expressing support lation pursuant to the following: By Mr. TIPTON: for designation of May 2013 as ‘‘National Ce- This bill is enacted pursuant to the power H.R. 1839. liac Awareness Month’’; to the Committee on granted to Congress under Article I, Section Congress has the power to enact this legis- Energy and Commerce. 1 and Article I Section 8 Clause 1 of the Con- lation pursuant to the following: By Ms. MENG (for herself and Mr. stitution. Article I. Section 8 of the United States KELLY of Pennsylvania): By Mr. BENTIVOLIO: Constitution: to make rules for the govern- H. Res. 200. A resolution reaffirming the H.R. 1831. ment and regulation of land. United States’ commitment to the economic Congress has the power to enact this legis- By Ms. TSONGAS: and military security of the Republic of lation pursuant to the following: H.R. 1840. Korea and expressing the shared vision of the (1) Article I, section 5, clauses 2 and 3 to Congress has the power to enact this legis- people of the United States and the people of determine the rules and to keep a journal of lation pursuant to the following: the Republic of Korea for a prosperous and its proceedings, respectively; Amendment XVI to the United States Con- peaceful Asian community on the occasion of (2) Article I, section 7, clause 2 to ensure stitution. the 60th anniversary of the Mutual Defense that bills that become law have been actu- By Mr. WELCH: Treaty between the United States and the ally passed by, not just passed through, each H.R. 1841. Republic of Korea; to the Committee on For- House of Congress; and Congress has the power to enact this legis- eign Affairs. (3) Article I, section 8, clause 18, which au- lation pursuant to the following: By Ms. EDDIE BERNICE JOHNSON of thorizes Congress to make all laws that are Article 1, Section 8, Clause 18: The Con- Texas (for herself, Mr. JOYCE, Mrs. necessary and proper for carrying into execu- gress shall have Power To . . . make all CAPPS, Ms. BORDALLO, Mr. RANGEL, tion the rules of each House. Laws which shall be necessary and proper for Mr. LEWIS, Ms. WILSON of Florida, Furthermore, the provision of this Act carrying into Execution the foregoing Pow- Mr. COBLE, Mr. DINGELL, Mr. HANNA, under which any person who is aggrieved by ers, and all other Powers vested by this Con- Mr. COFFMAN, Mr. MCGOVERN, Mr. the enforcement of any law enacted either in stitution in the Government of the United CONYERS, Mr. LANGEVIN, Mr. GER- violation of the rules of proceedings of either States, or in any Department or Officer LACH, Ms. MOORE, Mr. CICILLINE, Ms. House of Congress, or by the suspension of thereof. BROWN of Florida, Ms. BONAMICI, Mr. such rules, as prescribed herein, shall have f ELLISON, Ms. LEE of California, Ms. standing in a court of law, is pursuant to ar- ticle III, section 2 of the Constitution of the LOFGREN, Mr. HASTINGS of Florida, ADDITIONAL SPONSORS Ms. SPEIER, Mr. BRALEY of Iowa, Mr. United States. SCHRADER, Mr. BLUMENAUER, Mr. By Mr. BISHOP of New York: Under clause 7 of rule XII, sponsors HUFFMAN, Mr. CARSON of Indiana, Mr. H.R. 1832. were added to public bills and resolu- RUSH, Mr. HOLT, Ms. CHU, Ms. Congress has the power to enact this legis- tions as follows: SCHWARTZ, Mr. FALEOMAVAEGA, Mr. lation pursuant to the following: Article I, Section 8 H.R. 3: Mr. FLEISCHMANN, Mr. RADEL, Mr. FARR, Mr. GRIJALVA, Mr. KENNEDY, MEADOWS, Ms. JENKINS, and Mr. BARLETTA. By Ms. DELAURO: Ms. ROYBAL-ALLARD, Mr. GUTHRIE, H.R. 38: Mr. FARENTHOLD. Mr. LOEBSACK, Ms. MENG, Mr. H.R. 1833. Congress has the power to enact this legis- H.R. 45: Mr. COLLINS of Georgia, Mr. DEUTCH, Mr. TAKANO, Ms. KUSTER, lation pursuant to the following: CRAWFORD, and Mr. SESSIONS. Mr. KING of New York, and Mr. ROD- Fourteenth Amendment, Section 5 H.R. 96: Mr. QUIGLEY. NEY DAVIS of Illinois): Section 1: All persons born or naturalized H.R. 97: Mr. CICILLINE, Mr. SABLAN, Ms. H. Res. 201. A resolution supporting the NORTON, Mr. CARNEY, and Mr. RUSH. goals and ideals of National Nurses Week on in the United States, and subject to the ju- risdiction thereof, are citizens of the United H.R. 137: Mr. SWALWELL of California and May 6, 2013, through May 12, 2013; to the Mr. BLUMENAUER. Committee on Energy and Commerce. States and the State wherein they reside. No State shall make or enforce any law which H.R. 138: Mr. BLUMENAUER. f shall abridge the privileges or immunities of H.R. 141: Mr. BLUMENAUER. CONSTITUTIONAL AUTHORITY citizens of the United States; nor shall any H.R. 142: Mr. CAPUANO. H.R. 148: Mr. ELLISON and Ms. SLAUGHTER. STATEMENT State deprive any person of life, liberty, or property, without due process of law; nor H.R. 164: Mr. LANCE and Mr. HULTGREN. Pursuant to clause 7 of rule XII of deny to any person within its jurisdiction H.R. 180: Mr. CONYERS and Mr. POE of the Rules of the House of Representa- the equal protection of the laws. Texas. tives, the following statements are sub- * * * * H.R. 182: Mr. LOEBSACK. mitted regarding the specific powers Section 5: The Congress shall have power H.R. 184: Mr. PETERS of California. to enforce, by appropriate legislation, the H.R. 226: Mr. SWALWELL of California. granted to Congress in the Constitu- H.R. 236: Mr. BLUMENAUER. tion to enact the accompanying bill or provisions of this article. By Mr. GRIJALVA: H.R. 241: Mr. BARBER. joint resolution. H.R. 1834. H.R. 262: Mr. LOBIONDO. By Mr. COURTNEY: Congress has the power to enact this legis- H.R. 271: Mrs. WAGNER. H.R. 1827. lation pursuant to the following: H.R. 288: Mr. BARBER and Mr. GRIJALVA. Congress has the power to enact this legis- Article IV, Section 3 of the United States H.R. 303: Mr. BUCHANAN and Mr. YOHO. lation pursuant to the following: Constitution. H.R. 324: Mr. CAPUANO and Mr. CA´ RDENAS. Article I, Section 8, Clause 1. The Congress By Mrs. LOWEY: H.R. 351: Mr. COLLINS of Georgia, Mr. BON- shall have Power to lay and collect Taxes, H.R. 1835. NER, Mr. FORTENBERRY, Mr. JOYCE, Mr. Duties, Imposts and Excises, to pay the Congress has the power to enact this legis- CRAWFORD, Mr. LAMALFA, Mr. YOHO, and Mr. Debts and provide for the common Defence lation pursuant to the following: ROYCE. and general Welfare of the United States; but Article I. H.R. 366: Ms. CHU, Mr. BRADY of Pennsyl- all Duties, Imposts and Excises shall be uni- By Mrs. NOEM: vania, Ms. EDWARDS, Ms. MENG, and Ms. form throughout the United States. H.R. 1836. SINEMA. By Mr. COURTNEY: Congress has the power to enact this legis- H.R. 376: Ms. MATSUI. H.R. 1828. lation pursuant to the following: H.R. 437: Mr. CAPUANO and Ms. CLARKE. Congress has the power to enact this legis- Article 1, Section 8, Clause 3. H.R. 440: Mrs. BROOKS of Indiana. lation pursuant to the following: By Mr. PALLONE: H.R. 451: Ms. WASSERMAN SCHULTZ and Ms. Article I, Section 8: The Congress shall H.R. 1837. WILSON of Florida. have Power to Lay and collect Taxes, Duties, Congress has the power to enact this legis- H.R. 485: Ms. LEE of California. Imposts and Excises, to pay the Debts and lation pursuant to the following: H.R. 501: Ms. LEE of California.

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H.R. 503: Mr. O’ROURKE and Mrs. BROOKS of H.R. 1250: Mr. POLIS and Mr. LUETKEMEYER. H.R. 1693: Mr. HUELSKAMP. Indiana. H.R. 1255: Mr. SCHOCK and Mr. AMODEI. H.R. 1699: Ms. LOFGREN and Mr. HOLT. H.R. 508: Ms. NORTON and Mr. CONYERS. H.R. 1281: Mr. RANGEL, Ms. LEE of Cali- H.R. 1701: Mr. HARRIS. H.R. 521: Mr. POLIS. fornia, Ms. SPEIER, Mr. MCGOVERN, Mrs. H.R. 1705: Mr. JONES, Ms. SHEA-PORTER, H.R. 543: Mrs. DAVIS of California. CAPPS, Ms. JACKSON LEE, Mr. HASTINGS of and Mr. HUNTER. H.R. 544: Mr. GRIFFIN of Arkansas, Mr. Florida, Ms. MCCOLLUM, Mr. DAVID SCOTT of H.R. 1708: Mr. WALDEN, Mr. ROKITA, and YOHO, and Mr. MEADOWS. Georgia, Ms. CLARKE, Mr. CONYERS, Mr. DIN- Ms. NORTON. H.R. 556: Mr. WENSTRUP and Mr. POSEY. GELL, Mr. HUFFMAN, Ms. DELAURO, Mr. H.R. 1717: Mr. LONG, Mr. COFFMAN, Mr. H.R. 567: Mr. CHAFFETZ. CROWLEY, Mr. COHEN, Ms. SLAUGHTER, Mr. WITTMAN, Mr. BUCHANAN, Mr. WESTMORE- H.R. 578: Mr. DUNCAN of South Carolina. BISHOP of Georgia, Ms. CASTOR of Florida, LAND, Mr. MCCAUL, Mr. BROUN of Georgia, H.R. 630: Mr. KILDEE, Ms. SINEMA, Mr. Mr. TAKANO, Ms. WILSON of Florida, and Mr. Mr. ROKITA, Mr. YOUNG of Florida, Mr. KING O’ROURKE, Mr. VARGAS, and Mr. LARSON of LOEBSACK. of Iowa, Mr. BARROW of Georgia, Mr. Connecticut. H.R. 1286: Mr. SCOTT of Virginia. HUIZENGA of Michigan, Mr. FORBES, Mr. RUP- H.R. 671: Mr. LIPINSKI and Ms. ZOE LOF- H.R. 1290: Mr. MCINTYRE. PERSBERGER, Mr. LATHAM, Mr. GIBBS, Mr. GREN. H.R. 1331: Mr. JOHNSON of Ohio. LANCE, Mr. COLLINS of Georgia, and Mr. H.R. 685: Mr. WEBSTER of Florida. H.R. 1346: Ms. BASS. BROOKS of Alabama. H.R. 686: Mrs. BUSTOS. H.R. 1355: Mr. MULVANEY. H.R. 1723: Mr. ELLISON. H.R. 689: Mr. MCGOVERN. H.R. 1384: Mr. FARR. H.R. 1727: Mr. MCINTYRE, Mr. NOLAN, Mr. H.R. 693: Mr. SCHWEIKERT, Mr. FRELING- H.R. 1387: Mr. AUSTIN SCOTT of Georgia. SEAN PATRICK MALONEY of New York, Mr. HUYSEN, and Mr. KILMER. H.R. 1395: Mr. DEUTCH. MORAN, Ms. PINGREE of Maine, and Mr. GRI- H.R. 698: Mr. LOEBSACK and Mr. POLIS. H.R. 1414: Ms. HAHN, Mrs. BUSTOS, and Ms. JALVA. H.R. 720: Mr. MARKEY. ESHOO. H.R. 1730: Mr. COHEN. ONNOLLY EVIN H.R. 724: Mr. RICE of South Carolina, Mr. H.R. 1424: Mr. C and Mr. L . H.R. 1735: Mr. CULBERSON and Mr. H.R. 1428: Mr. ELLISON, Ms. SCHWARTZ, and CLYBURN, Mr. BOUSTANY, and Mr. WILSON of HUELSKAMP. South Carolina. Mr. BRALEY of Iowa. H.R. 1736: Mr. SCOTT of Virginia. H.R. 1432: Mr. HIMES and Ms. SHEA-PORTER. IPINSKI OLE H.R. 735: Mr. BARBER. H.R. 1737: Mr. L and Mr. C . H.R. 1449: Mr. AUSTIN SCOTT of Georgia, H.R. 1752: Mr. COTTON. H.R. 755: Mrs. CAPPS, Ms. LORETTA SAN- Mr. JOHNSON of Ohio, Mr. HECK of Nevada, H.R. 1755: Mr. CLEAVER, Mrs. CHRISTENSEN, CHEZ of California, Ms. KUSTER, Ms. JENKINS, Mr. WILSON of South Carolina, Mr. COLE, Mr. Mr. MEEKS, Ms. ESTY, and Ms. ESHOO. and Mr. ROYCE. WENSTRUP, Mr. GUTHRIE, Mr. GINGREY of H.R. 1763: Mr. DEFAZIO, Mr. THOMPSON of H.R. 769: Mr. KENNEDY and Mr. WALZ. Georgia, Mr. BRALEY of Iowa, Mr. LOEBSACK, Pennsylvania, Mr. SIMPSON, Mr. CONNOLLY, H.R. 776: Mr. LUETKEMEYER. Ms. CASTOR of Florida, and Mr. GRIJALVA. Mr. LOEBSACK, Mr. VARGAS, Ms. HAHN, Ms. H.R. 777: Mrs. LUMMIS. H.R. 1475: Mr. RIBBLE. MOORE, and Mr. ELLISON. H.R. 792: Mr. FRELINGHUYSEN and Mr. H.R. 1481: Mr. BARLETTA. H.R. 1764: Mr. GINGREY of Georgia, Mr. LUETKEMEYER. H.R. 1482: Mr. COTTON. STIVERS, Mr. FARENTHOLD, Mr. SALMON, Mr. H.R. 800: Mr. CONNOLLY. H.R. 1485: Mr. BOUSTANY and Mr. MILLER of BRIDENSTINE, Mr. HUELSKAMP, Mr. BOUSTANY, H.R. 801: Mr. POLIS. Florida. Mr. BENISHEK, and Mr. OLSON. H.R. 811: Mr. RUNYAN and Mr. SEAN PAT- H.R. 1488: Ms. NORTON. H.R. 1781: Mr. MEADOWS and Mr. WEBER of RICK MALONEY of New York. H.R. 1494: Mr. LOEBSACK. Texas. H.R. 826: Mr. GUTHRIE. H.R. 1502: Mr. HARRIS. H.R. 1795: Mr. HANNA, Ms. HAHN, Mr. LAR- H.R. 847: Mr. FITZPATRICK, Ms. ROS- H.R. 1507: Mr. FOSTER, Mrs. LOWEY, and Ms. SEN of Washington, Ms. PINGREE of Maine, LEHTINEN, and Ms. CHU. MICHELLE LUJAN GRISHAM of New Mexico. Mr. VARGAS, Mr. LOEBSACK, Ms. TSONGAS, H.R. 850: Ms. ROYBAL-ALLARD, Ms. ESTY, H.R. 1518: Mr. CUMMINGS, Mr. FITZPATRICK, Mr. MICHAUD, Ms. SHEA-PORTER, and Mr. Mr. HANNA, Mrs. MCMORRIS RODGERS, Mr. Mr. WELCH, Mr. YOHO, Mr. YOUNG of Florida, THOMPSON of Pennsylvania. HASTINGS of Washington, Mr. AUSTIN SCOTT and Mr. ANDREWS. H.R. 1796: Mrs. KIRKPATRICK, Ms. JACKSON of Georgia, and Mr. HONDA. H.R. 1528: Mrs. BUSTOS, Mr. DUFFY, Mr. LEE, Mr. CARSON of Indiana, Mr. JOHNSON of H.R. 851: Ms. PINGREE of Maine. BLUMENAUER, Mrs. MILLER of Michigan, Mr. Georgia, Ms. HAHN, Ms. SLAUGHTER, Mr. ROD- H.R. 904: Mr. DUFFY. GUTHRIE, and Mr. AUSTIN SCOTT of Georgia. NEY DAVIS of Illinois, Mr. CLEAVER, Mr. H.R. 920: Ms. WILSON of Florida. H.R. 1531: Ms. HAHN. CICILLINE, Mr. VARGAS, Mr. LOWENTHAL, Mr. H.R. 924: Ms. MENG and Mr. POCAN. H.R. 1547: Mr. MURPHY of Florida. LARSEN of Washington, and Mr. LOEBSACK. H.R. 929: Mr. ELLISON. H.R. 1551: Mr. WOMACK, Mr. KINGSTON, Mrs. H.R. 1801: Mr. ELLISON, Mr. CONNOLLY, Ms. H.R. 940: Mrs. BROOKS of Indiana and Mr. HARTZLER, Mr. GINGREY of Georgia, and Mr. DELAURO, and Mrs. CAROLYN B. MALONEY of COTTON. GUTHRIE. New York. H.R. 949: Mr. POCAN and Mr. PAYNE. H.R. 1552: Mr. BENISHEK, Mr. PITTENGER, H. Con. Res. 4: Mr. KING of New York. H.R. 950: Mr. WITTMAN. and Mr. PITTS. H. Con. Res. 29: Ms. EDDIE BERNICE JOHN- H.R. 961: Mr. LOEBSACK and Mr. OWENS. H.R. 1553: Ms. JENKINS, Mrs. BLACKBURN, SON of Texas, and Mr. LUETKEMEYER. H.R. 1008: Ms. MCCOLLUM and Mr. MCIN- Mr. CARSON of Indiana, Mr. GUTHRIE, Mr. H. Con. Res. 30: Mr. COTTON. A 59 TYRE. HECK of Nevada, Mr. KINZINGER of Illinois, H. Con. Res. 34: Mr. COURTNEY, Mr. DOYLE, H.R. 1020: Mr. JOYCE and Mr. JORDAN. Mr. OLSON, Mr. DUNCAN of South Carolina, and Mr. SABLAN. H.R. 1024: Mrs. BUSTOS and Mr. DUFFY. Mr. GRIFFIN of Arkansas, Mr. CRAWFORD, Mr. H. Res. 24: Mr. SALMON. H.R. 1026: Mr. HARRIS, Mr. KLINE, and Mrs. COOPER, Ms. GRANGER, Mr. FLEISCHMANN, and H. Res. 36: Mr. SALMON, Mr. JOYCE, Mr. BUSTOS. Mr. KLINE. SOUTHERLAND, Mr. BILIRAKIS, Mr. MESSER, H.R. 1038: Ms. ESHOO. H.R. 1565: Mr. HIGGINS, Mr. KEATING, Mr. and Mr. CASSIDY. H.R. 1041: Mr. POLIS and Ms. WILSON of CA´ RDENAS, Mr. COHEN, Mr. GRAYSON, Mr. H. Res. 72: Mr. LIPINSKI and Mr. RODNEY Florida. GRIJALVA, Ms. HAHN, Mr. HONDA, Mr. KIL- DAVIS of Illinois. H.R. 1093: Mr. AL GREEN of Texas, Mr. HAS- MER, Mr. LYNCH, Mr. MARKEY, Mr. GEORGE H. Res. 109: Mr. HUIZENGA of Michigan. TINGS of Florida, Mr. MURPHY of Florida, Mr. MILLER of California, and Ms. SCHWARTZ. H. Res. 123: Mr. NUGENT and Mr. ENYART. SEAN PATRICK MALONEY of New York, Mr. H.R. 1572: Mr. GRIFFIN of Arkansas and Mr. H. Res. 156: Ms. HAHN and Mr. VEASEY. REICHERT, Mr. MCINTYRE, and Mr. MICHAUD. COTTON. H. Res. 167: Ms. HAHN, Ms. MOORE, Mr. H.R. 1097: Mr. SESSIONS. H.R. 1594: Mr. KINGSTON. VARGAS, Mr. HINOJOSA, Mr. FOSTER, Ms. H.R. 1102: Mrs. LOWEY. H.R. 1595: Mrs. MCCARTHY of New York and SCHWARTZ, Mr. KILDEE, Mr. HASTINGS of H.R. 1130: Mr. MESSER. Ms. MENG. Florida, and Mr. BRALEY of Iowa. H.R. 1140: Mr. WEBSTER of Florida. H.R. 1598: Mr. CARSON of Indiana. H. Res. 173: Mr. MEADOWS. H.R. 1146: Mrs. MCCARTHY of New York. H.R. 1601: Mr. ELLISON and Ms. MOORE. H. Res. 174: Mr. VARGAS, Mr. PETERS of H.R. 1151: Mr. SHUSTER and Mr. CAPUANO. H.R. 1613: Mr. LAMBORN, Mr. AMODEI, Mr. Michigan, Mr. FARR, Mr. ELLISON, Mrs. KIRK- H.R. 1155: Mr. SMITH of Texas, Mr. WOMACK, GRAVES of Georgia, Mr. CRAMER, and Mr. PATRICK, Mr. PIERLUISI, Mr. CUMMINGS, Mr. Mr. CRAWFORD, and Mr. ISRAEL. MEADOWS. GARCIA, Mr. SIRES, Mr. WALZ, Mr. DEFAZIO, H.R. 1171: Mr. COTTON. H.R. 1620: Ms. BORDALLO, Mr. LIPINSKI, and Mr. RUPPERSBERGER, Mr. BRALEY of Iowa, H.R. 1179: Mr. GIBSON, Ms. MATSUI, Ms. Ms. SHEA-PORTER. Mr. CAPUANO, Mr. SARBANES, Mr. THOMPSON SLAUGHTER, and Mr. RIBBLE. H.R. 1623: Mrs. KIRKPATRICK and Mr. of Mississippi, Mr. LARSEN of Washington, H.R. 1186: Mr. ROHRABACHER, Mr. RICE of RAHALL. Mr. NEAL, Mrs. NEGRETE MCLEOD, Mr. South Carolina, Ms. JENKINS, and Mr. KING- H.R. 1626: Mr. ROSS. GUTIERREZ, Mr. FATTAH, Mr. DOYLE, Ms. STON. H.R. 1652: Ms. HANABUSA and Mr. RYAN of EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1209: Mr. STUTZMAN. Ohio. PETERS of California, Mr. MARKEY, Mr. H.R. 1221: Mr. RAHALL and Mr. GRAVES of H.R. 1667: Mr. MORAN and Mr. DEFAZIO. SERRANO, Mr. QUIGLEY, and Mr. PERLMUTTER. Missouri. H.R. 1692: Ms. SLAUGHTER, Mr. WAXMAN, H. Res. 182: Mr. BUCHANAN and Ms. H.R. 1243: Mr. RANGEL and Mr. MCGOVERN. Mrs. NAPOLITANO, Ms. BONAMICI, Ms. HAHN, MICHELLE LUJAN GRISHAM of New Mexico. H.R. 1249: Mr. WESTMORELAND and Mr. HAS- Mr. PRICE of North Carolina, Mr. TIERNEY, H. Res. 190: Mr. O’ROURKE, Mr. HONDA, Ms. TINGS of Washington. and Mrs. CAPPS. LEE of California, Mr. FALEOMAVAEGA, Ms.

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SINEMA, Mr. GRIMM, Mr. OWENS, and Mr. H. Res. 191: Mr. RANGEL, Ms. NORTON, and H. Res. 196: Mr. WATT. THOMPSON of Pennsylvania. Ms. WILSON of Florida.

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Vol. 159 WASHINGTON, MONDAY, MAY 6, 2013 No. 62 Senate The Senate met at 2 p.m. and was be an agreement that we will not have though we had enacted a budget with called to order by the President pro to have the vote this evening on the the force of law and signed by Presi- tempore (Mr. LEAHY). water resources bill; that we can just dent Obama. Remember, a budget reso- move to it sometime tomorrow. Other- lution is just an inter-Congress matter. PRAYER wise, if we can’t work that out, there It doesn’t have anything to do with the The Chaplain, Dr. Barry C. Black, of- will be a third rollcall vote on the mo- President. He doesn’t have to sign that, fered the following prayer: tion to invoke cloture on the motion to but we enacted a budget with the force Let us pray. proceed to the Water Resources Devel- of law and signed by President Obama. Our Father, far from the world, we opment Act. The Republicans complained and come to You in prayer, boldly entering f complained: Why didn’t we do a budget Your throne room to be blessed by resolution? We had something much THE BUDGET Your sweet presence. Thank You for better than a budget resolution, but for the calm retreat of fellowship with Mr. REID. Mr. President, for 38 2 years Republicans longed for the days You. straight months private sector compa- of regular order. We know because they Thank You for our lawmakers. Con- nies have added new jobs and put told us so. They wanted amendments; tinue to inspire and sustain them, as Americans back to work, 7 million we gave them amendments. They want- Your wisdom illuminates their path. Americans in all. They have done it in ed bills to go through committee; they May they be faithful in their service to spite of economic policies that ham- got bills reported out of committees. this Nation and to you. Lord, dwell in pered growth—harsh austerity policies Republicans were desperate for the this Chamber and in their minds so Republicans have forced on the econ- Senate to vote on a budget resolution that they will think Your thoughts and omy for the last 2 years. Yet the Dow that would set spending priorities for discover Your solutions. Jones Industrial Average and the other the fiscal year. They got them. We We pray in Your sacred Name. Amen. indicators hit an all-time high last passed a budget resolution under reg- f week and the manufacturing sector re- ular order, complete with a late-night PLEDGE OF ALLEGIANCE mains strong. budget vote-arama that lasted until 5 While the economy isn’t back to full a.m. that included more than 100 indi- The President pro tempore led the strength, and that certainly is the vidual votes. Still, the House has re- Pledge of Allegiance, as follows: truth, last week’s job report shows we fused to go to conference with us. Since I pledge allegiance to the Flag of the have made remarkable progress in 3 they got what they claimed they want- United States of America, and to the Repub- years. But just imagine how strong job ed, their interest in regular order has lic for which it stands, one nation under God, growth could have been if Republicans indivisible, with liberty and justice for all. not just waned, it disappeared. had not insisted on round after round f They don’t want to go to conference of meat axe budget cuts that undercut as we would under the regular order— RECOGNITION OF THE MAJORITY economic expansion. that they said they wanted. They don’t LEADER Every expert, every respected econo- even want to name conferees. We tried The PRESIDENT pro tempore. The mist says the best way to encourage a to get that out of this body. majority leader is recognized. recovery, the best way to create jobs is The ranking Republican on the Sen- with targeted investments and bal- f ate Budget Committee admitted these anced deficit reduction. The most re- stall tactics were an effort to provide SCHEDULE sponsible way to reduce our deficit is political cover for his colleagues in the Mr. REID. Mr. President, following to get away from short-term fixes, last- House. This is what he said: minute negotiations and, instead, pur- leader remarks the Senate will be in There are difficulties in the fact that we morning business until 5:30 p.m. sue a responsible budget process. We haven’t been able to have any understanding Today at 5:30 p.m. the Senate will re- can’t begin to find common ground if on how this conference might work and what sume consideration of S. 743, the Mar- we never get to the negotiating table. prospects we have for success might be. I ketplace Fairness Act. There will be That is why again today I will ask think it’s possible that we could succeed, but two rollcall votes in order to complete unanimous consent to go to conference at this point we’re not close enough to an- action on that bill. The filing deadline with the House on the budget, the ticipate a successful conference and that pre- for all second-degree amendments to S. budget that we passed. sents complications for the House. 743 is 4 p.m. today. For 2 years my Republican colleagues Can you imagine? They don’t have I have been told, and staff has indi- have complained the Senate had not any understanding how this conference cated to me, that we believe there will passed a budget resolution, even might work. Well, probably one of the

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

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VerDate Mar 15 2010 01:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.000 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3070 CONGRESSIONAL RECORD — SENATE May 6, 2013 reasons he doesn’t have an under- Democrats would preserve and pro- The bill clerk proceeded to call the standing of how a conference works is tect Medicare for future generations. roll. because they have stopped us from Republicans would use more harsh aus- Mr. ENZI. Mr. President, I ask unani- going to conference on virtually every- terity to reduce the deficit. Democrats mous consent that the order for the thing. would adopt a balanced approach that quorum call be rescinded. He also says: We don’t know what the couples smart spending cuts with new The PRESIDING OFFICER (Mr. prospects are for success. That is what revenue from closing loopholes. KING). Without objection, it is so or- conference is all about. The Senate Remember, we have already cut more dered. passes a bill, the House passes a bill, than $2.5 trillion from the debt. We f and we sit down and try to work it out. have our differences, but Democrats MARKETPLACE FAIRNESS ACT He said: aren’t afraid to work out those dif- I think it’s possible that we could succeed, ferences. We are ready to go to con- Mr. ENZI. Mr. President, I rise today but at this point we’re not close enough to ference to begin the difficult work of to urge my colleagues to vote for the anticipate a successful conference, and that compromise. Marketplace Fairness Act in just over presents complications for the House. If this Congress is serious about re- an hour or so from now. I have said We are the United States Senate, not ducing the deficit and protecting the many times over the past few weeks— the United States House of Representa- economy, we need to go to work now, and, in fact, I have been saying it for tives. We should do our business and not wait until this minor impasse—and the past 12 years as I have worked on not be worried about the tea party- that is what it is—turns into another this issue, but it is worth repeating— driven House of Representatives. The major manufactured crisis, which the this bill is about fairness. It is about budget process is the only way to work House loves to send to us at the last leveling the playing field between the through our differences without bring- minute. brick and mortar and online companies ing the country to the brink of another and it is about collecting a tax that is f artificial crisis. To accelerate job already due. It is not about raising growth and reduce the deficit without UNANIMOUS CONSENT REQUEST— taxes, taxing the Internet, or taxing harming the economy, we have to H. CON. RES. 25 Internet access. make important and smart spending Mr. REID. Mr. President, I ask unan- This bill in general, and this bill in cuts, while asking the most fortunate imous consent the Senate proceed to particular, has grabbed the attention among us to do a little better, con- the consideration of Calendar No. 33, H. of Members of the Senate and their tribute a little more. Con. Res. 25; that all after the enacting constituents back home. Unfortu- The arbitrary across-the-board cuts clause be stricken; that the amend- nately, the misinformation that is of the so-called sequester do just the ment, which is at the desk, the text of being disseminated by many has added exact opposite. The sequester uses a S. Con. Res. 8, the budget resolution confusion and anxiety about what the meat cleaver where a scalpel is needed. passed by the Senate, be inserted in bill does and does not do. For example, The sequester cuts were designed to be lieu thereof; that H. Con. Res. 25, as the Americans For Tax Reform sent me too painful—so painful they would amended, be agreed to; the motion to a detailed letter last week asking force the supercommittee to reach a bi- reconsider be considered made and laid many questions. It appears the letter partisan compromise. We all remember upon the table; that the Senate insist was not meant to find resolution or a what happened there. Republicans re- on its amendment, request a con- path forward with this issue but ulti- fused to allow one penny of revenue. ference with the House on the dis- mately to confuse my colleagues prior When they did that, they insisted on a agreeing votes of the two Houses, and to tonight’s vote. Senator ALEXANDER cuts-only approach. They ensured the the chair be authorized to appoint con- and I responded to the 16 questions in sequester would kick in. ferees on the part of the Senate, all order to provide clarity for the organi- Eliminating sequester is part of a with no intervening action or debate. zation and its members. larger challenge: to set sound long- I have just been informed that there Mr. President, I ask unanimous con- term fiscal policy through the regular is no one from the Republican side to sent to have printed in the RECORD the order of the budget process, which they object to this, so I will renew this. I two letters to which I just referred. said they wanted—they, the Repub- want everyone put on notice that we There being no objection, the mate- licans. Now they have walked away are going to ask that we follow regular rial was ordered to be printed in the from it. That will take cooperation. order, which the Republicans have been RECORD as follows: Remember, Democrats and Republicans whining about for 2 years. That is what AMERICANS FOR TAX REFORM, voted for these arbitrary cuts, and we want to do, and that is what this Washington, DC, May 2, 2013. Democrats and Republicans will have Hon. MIKE ENZI, consent is all about. to work together to reverse them. Senate Russell Office Building, Washington, I would withdraw this request until Why are my Republican colleagues so DC. the Republicans show up to object. afraid? We know the two sides will not DEAR SENATOR ENZI: We believe that there The PRESIDING OFFICER (Mr. agree on every aspect of the budget. We are a number of unanswered questions con- KAINE). The unanimous consent request cerning the Marketplace Fairness Act that know finding common ground will not is withdrawn. remain troubling to taxpayers. We would ap- be easy. preciate your leadership in answering the We can get it done. We used to do it f following questions regarding the legislation until we have been stopped from doing RESERVATION OF LEADER TIME as it stands and the recent manager’s amend- everything by a tea party-driven House ment that you filed to S. 743, the Market- of Representatives and the strongly in- The PRESIDING OFFICER. Under place Fairness Act. fluenced Republicans in the Senate by the previous order, the leadership time 1) What measures protect businesses from the tea party. Republicans believe in is reserved. tax audits, court proceedings and penalties like tax liens imposed on a business by state one set of principles for how the gov- f departments of revenue where the business ernment should spend money and how MORNING BUSINESS has no physical presence? How will business- it should save money. men and women be protected over time from Democrats have very different prin- The PRESIDING OFFICER. Under politicians in a different state that they can- ciples. Republicans would lower taxes the previous order, the Senate will be not vote for or against? Is there a danger of for the rich while the middle class in a period of morning business until establishing taxation without representa- foots the bill. Democrats would ask the 5:30 p.m., with Senators permitted to tion? wealthiest individuals and corporations speak therein for up to 10 minutes 2) Does the bill prevent double taxation by to contribute a little more to reduce each. removing the Use Tax? If states still have a Use Tax law on the books what provisions of the deficit. Republicans would turn Mr. REID. I suggest the absence of a MFA prevent states from charging Use Tax Medicaid into a voucher program, in ef- quorum. in addition to sales tax? fect doing away with Medicaid as we The PRESIDING OFFICER. The 3) Can states audit remote sellers for cus- know it. clerk will call the roll. tomer data and then retroactively (i.e., prior

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.005 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3071 to the enactment) audit citizens for ‘‘un- occurring in Nebraska or other states? From Marketplace Fairness Act, and we welcome paid’’ Use Taxes? Some states, such as Cali- what we understand the minimum require- the opportunity to respond to the questions fornia, can perform audits reaching back six ments of MFA do not prevent this type of outlined in your May 2nd letter. Below are years. Can states ask remote sellers for his- theoretical taxing from occurring. answers to your questions regarding S. 743, torical customer purchasing data and then 12) How could MFA requirements affect the the Marketplace Fairness Act, and the per- audit citizens based on this data? financial services sector? Will financial prod- fecting amendment filed last week. 4) While the legislation says that it does ucts that are sold over the Internet, like 1) What measures protect businesses from not break physical nexus requirements for portfolio management services, credit re- tax audits, court proceedings and penalties other types of taxation, some states have porting service apps, or insurance service like tax liens imposed on a business by state ‘‘privilege’’ taxes already in law. Some of fall under MFA taxation authority? departments of revenue where the business these privilege taxes require enaction of 13) Home-schooling parents meet at state, has no physical presence? How will business- MFA as written to enforce ‘‘privilege’’ tax regional, and national gatherings in part to men and women be protected over time from collections. For example Michigan law sell used textbooks and related products that politicians in a different state that they can- states: their children have completed. If these not vote for or against? Is there a danger of ‘‘there shall be collected from all persons transactions are conducted online through establishing taxation without representa- engaged in the business of making sales at an aggregation site, would the transactions tion? retail, by which ownership of tangible per- be subject to the MFA small-seller exemp- The Marketplace Fairness Act (MFA) in- sonal property is transferred for consider- tion in states that exercise their Section 6 cludes many significant benefits for remote ation, an annual tax for the privilege of en- discretion to expand their tax collection au- sellers, including limits on audits, critical li- gaging in that business equal to 6% of the thority through nexus definitions? ability protection, and tax and administra- gross proceeds of the business, plus the pen- 14) How will the MFA affect digital goods tive simplification. It is also important to alty and interest if applicable . . .’’ and services? Without a clear structure for remember that the sales tax is imposed on Is there anything in MFA that prevents digital goods taxation, these types of goods the consumer by the state where they reside, this type of application of MFA collection could fall under multiple taxation schemes. so that is the ultimate check against exces- standards? Does the MFA protect digital goods from sive taxation. Because the tax is imposed on 5) If states do not conform with MFA re- multiple taxation? the consumer, there is no danger of taxation quirements or basic simplification require- 15) In terms of digital goods, like apps and without representation. 2) Does the bill prevent double taxation by ments, does Section 6 of the MFA permit music, who is responsible for remitting the removing the Use Tax? If states still have a them to continue to expand ‘‘nexus defini- sales tax: the vendor, an app store or sales Use Tax law on the books what provisions of tion’’ laws? Can California collect tax based platform, or the creator of the digital good? MFA prevent states from charging Use Tax on economic nexus laws? Can New York col- 16) Some states, like Maryland have dif- lect based on affiliate nexus laws? Could in addition to sales tax? ferent sales tax rules for goods that are There is not double taxation between a Oklahoma expand its reporting requirement priced under one dollar. For example: sales tax and a use tax. A Sales tax is im- laws across its borders? Effective January 3, 2008, the Maryland 6) Why are tribal lands now included as posed by states on applicable transactions. A sales and use tax rate is 6 percent, as follows: use tax only applies if the sales tax is not ‘‘states’’ in the manager’s amendment? Why 1 cent on each sale where the taxable price were tribal lands not included in the original collected or imposed. is 20 cents. 3) Can states audit remote sellers for cus- bill? Have any of the tribes agreed to the 2 cents if the taxable price is at least 21 tomer data and then retroactively (i.e., prior same rules the states have, or asked to be in- cents but less than 34 cents. to the enactment) audit citizens for ‘‘un- cluded? 3 cents if the taxable price is at least 34 paid’’ Use Taxes? Some states, such as Cali- 7) During the floor debate, there were cents but less than 51 cents. fornia, can perform audits reaching back six many questions on how the MFA would 4 cents if the taxable price is at least 51 years. Can states ask remote sellers for his- apply to sellers based in other countries. cents but less that 67 cents. torical customer purchasing data and then What is the enforcement process for overseas 5 cents if the taxable price is at least 67 audit citizens based on this data? sellers with no presence in the United cents but less than 84 cents. No. The authority provided by the MFA is States? Are they required to comply with 6 cents if the taxable price is at least 84 prospective and builds in considerable ‘‘wait- state tax collection duties? Under MFA, do cents. ing periods’’ before states can exercise col- states have the ability to bring enforcement On each sale where the taxable price ex- lection authority after they have adopted actions against overseas businesses that are ceeds $1.00, the tax is 6 cents on each exact the minimum simplification requirements. selling remotely into the state? dollar plus: 4) While the legislation says that it does 8) Does the MFA protect the small sellers, 1 cent if the excess over an exact dollar is not break physical nexus requirements for who would be eligible for the small seller ex- at least 1 cent but less than 17 cents. other types of taxation, some states have emption, from states that exercise their Sec- 2 cents if the excess over an exact dollar is ‘‘privilege’’ taxes already in law. Some of tion 6 discretion to expand their tax collec- at least 17 cents but less than 34 cents. these privilege taxes require enaction of tion authority through nexus definitions? 3 cents if the excess over an exact dollar is MFA as written to enforce ‘‘privilege’’ tax 9) While the minimum simplification re- at least 34 cents but less than 51 cents. collections. For example Michigan law quirements preclude the Streamlined Sales 4 cents if the excess over an exact dollar is states: Tax Agreement (SSUTA), if states make at least 51 cents but less than 67 cents. ‘‘there shall be collected from all persons changes to the SSUTA after the enaction of 5 cents if the excess over an exact dollar is engaged in the business of making sales at MFA do those changes become law? at least 67 cents but less than 84 cents. retail, by which ownership of tangible per- 10) Included in the manager’s amendment 6 cents if the excess over an exact dollar is sonal property is transferred for consider- is language that clarifies that a state may at least 84 cents. ation, an annual tax for the privilege of en- not impose requirements on remote sellers If Maryland, or states wishing to follow gaging in that business equal to 6% of the that they do not impose on non-remote sell- suit, do not comply with SSTP or the min- gross proceeds of the business, plus the pen- ers. Currently, many states give special imum simplification requirements included alty and interest if applicable . . .’’ state sales tax deals for businesses with in- in MFA, can they tax low-cost goods in this Is there anything in MFA that prevents state presence, while offering remote sellers way? This applies in particular to digital this type of application of MFA collection no such deal. Since this practice is giving goods like apps and songs. Does the MFA re- standards? preferential treatment to in-state sellers in quire simple, flat taxes for low cost and dig- Sales and use taxes are often called by dif- relation to the collection and remittance of ital goods? ferent names, such as the general excise tax sales taxes, will this be prohibited under Thank you in advance for your consider- in Hawaii, the gross receipts tax in New Mex- MFA. Will there be any limitation on states ation and response to our concerns. I look ico or the transaction privilege tax in Ari- giving special sales tax breaks to large in- forward to working with you to address these zona. All of these taxes are sales and use state businesses while forcing strictly out-of- issues and ensure no legislation is passed taxes, where the retailer is authorized (and state businesses with no presence to comply? that harms taxpayers nationwide. If you in most cases required) to collect the tax di- 11) Under SSUTA states agreed that sales have any questions or concerns while re- rectly from the consumer and to identify the price was the cost that a consumer actually sponding to this letter, please have your tax on the consumer’s invoice or receipt. paid for an item. However, Nebraska wants staff contact Katie McAuliffe. 5) If states do not conform with the MFA to claim that ‘‘sales price’’ is the gross price Onward, requirements or basic simplification require- before discounts and coupons, thereby charg- GROVER G. NORQUIST. ments, does Section 6 of the MFA permit ing the business tax on retail value rather them to continue to expand ‘‘nexus defini- than amount paid (Think discounts from U.S. SENATE, tion’’ laws? Can California collect tax based Groupon or Living Social. If the retail cost is Washington, DC, May 4, 2013. on economic nexus laws? Can New York col- $75, but the discount makes it $25, Nebraska Mr. GROVER NORQUIST, lect based on affiliate nexus laws? Could would want to collect sales tax on the $75 Americans for Tax Reform Oklahoma expand its reporting requirement rather than the amount actually paid, which 12th Street, NW., Washington, DC. laws across its borders? was $25). Is there anything in the MFA that DEAR MR. NORQUIST, We appreciate your Section 6 does not alter nexus standards, prevents this type of excessive taxation from direct interest in better understanding the as interpreted by the Supreme Court. The

VerDate Mar 15 2010 01:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.001 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3072 CONGRESSIONAL RECORD — SENATE May 6, 2013 Supreme Court has declined to extend the The MFA does not dictate to the states 4 cents if the taxable price is at least 51 ‘‘physical presence’’ standard beyond sales how they structure their state tax systems; cents but less that 67 cents. taxes, and it has not taken any cases to clar- to do so would be a fundamental violation of 5 cents if the taxable price is at least 67 ify the constitutionality of ‘‘economic state sovereignty and the constitutional cents but less than 84 cents. nexus’’ laws. Other Supreme Court decisions, framework of our government embodied by 6 cents if the taxable price is at least 84 such as Scripto and Tyler Pipe, have made the 10th Amendment. The MFA simply cents. clear that in regard to sales tax, affiliates grants states the authority to enforce state On each sale where the taxable price ex- and independent contractors can create sales tax laws on remote sales. ceeds $1.00, the tax is 6 cents on each exact physical presence for sales tax collection 11) Under SSUTA, states agreed that sales dollar plus: purposes. The MFA addresses these problems price was the cost that a consumer actually 1 cent if the excess over an exact dollar is by setting specific standards for states who paid for an item. However, Nebraska wants at least 1 cent but less than 17 cents. wish to require remote sellers to collect to claim that ‘‘sales price’’ is the gross price 2 cents if the excess over an exact dollar is state sales taxes. before discounts and coupons, thereby charg- at least 17 cents but less than 34 cents. 6) Why are tribal lands now included as ing the business tax on retail value rather 3 cents if the excess over an exact dollar is ‘‘states’’ in the manager’s amendment? Why than amount paid (Think discounts from at least 34 cents but less than 51 cents. were tribal lands not included in the original Groupon or Living Social. If the retail cost is 4 cents if the excess over an exact dollar is bill? Have any of the tribes agreed to the $75, but the discount makes it $25, Nebraska at least 51 cents but less than 67 cents. 5 cents if the excess over an exact dollar is same rules the states have, or asked to be in- would want to collect sales tax on the $75 at least 67 cents but less than 84 cents. cluded? rather than the amount actually paid, which 6 cents if the excess over an exact dollar is Tribal governments are required to meet was $25). Is there anything in the MFA that the same conditions as states choosing to at least 84 cents. prevents this type of excessive taxation from If Maryland, or states wishing to follow participate. Tribal governments were in- occurring in Nebraska or other states? From cluded in earlier versions of this legislation, suit, do not comply with SSTP or the min- what we understand the minimum require- imum simplification requirements included and they requested that they also be given ments of MFA do not prevent this type of the ability to collect sales taxes if they in MFA, can they tax low-cost goods in this theoretical taxing from occurring. way? This applies in particular to digital choose to exercise the authority granted by The MFA does not dictate to the states goods like apps and songs. Does the MFA re- this legislation. how they structure their state tax systems. 7) During the floor debate, there were quire simple, flat taxes for low cost and dig- Residents of Nebraska, not Washington, many questions on how the MFA would ital goods? should determine the appropriate level of apply to sellers based in other countries. The MFA does not require states to adopt state taxation in Nebraska. What is the enforcement process for overseas the SSUTA. In fact, the legislation does not 12) How could MFA requirements affect the sellers with no presence in the United require states to do anything. However, financial services sector? Will financial prod- States? Are they required to comply with states must adhere to the simplifications ucts that are sold over the Internet, like state tax collection duties? Under MFA, do and protections provided in the MFA if they portfolio management services, credit re- states have the ability to bring enforcement choose to simplify their tax systems and re- porting service apps, or insurance service actions against overseas businesses that are quire remote sellers to collect state taxes. fall under MFA taxation authority? selling remotely into the state? The table reproduced above is an if/then The MFA does not affect the financial States currently enforce collection of state statement of the kind that computers have service sector, and no state imposes a sales taxes against foreign businesses with no been able to process for decades. In other tax on financial transactions. physical presence in the United States, and words, this apparently complicated rounding 13) Home-schooling parents meet at state, have a number of methods to compel collec- method isn’t complicated at all for com- regional, and national gatherings in part to tion by foreign sellers including liens, levies puters to process. sell used textbooks and related products that and seizure of assets. The MA treats foreign Thank you for giving us the opportunity to their children have completed. If these corporations the same as it does domestic respond to your questions. We look forward transactions are conducted online through corporations. All online retailers that make to working with you to address these issues an aggregation site, would the transactions over $1 million in remote sales, regardless of as we move forward with the enactment of be subject to the MFA small-seller exemp- where the retailer is located, must collect the Marketplace Fairness Act. tion in states that exercise their Section 6 and remit sales tax to states that require it. Sincerely, discretion to expand their tax collection au- 8) Does the MFA protect the small sellers, MICHAEL B. ENZI, who would be eligible for the small seller ex- thority through nexus definitions? U.S. Senate. The small seller exemption applies to all emption, from states that exercise their Sec- LAMAR ALEXANDER, remote sellers, and no discretion is given to tion 6 discretion to expand their tax collec- U.S. Senate. tion authority through nexus definitions? states with respect to the amount of the The MFA does not alter nexus standards, small seller exemption. The term ‘‘remote Mr. ENZI. I would encourage every- as interpreted by the Supreme Court. seller’’ is defined in the bill and means a per- one to read the bill. It is short—11 9) While the minimum simplification re- son that makes remote sales. Only individual pages. You don’t see many like this. quirements preclude the Streamlined Sales remote sellers who make more than $1 mil- You can see through that; right? It is a Tax Agreement (SSUTA), if states make lion in remote sales each year can be re- bill you can read from beginning to end changes to the SSUTA after the enaction of quired to collect state sales taxes. and you can understand what it does, MFA, do those changes become law? 14) How will the MFA affect digital goods The MFA does not ‘‘preclude’’ the SSUTA, and services? Without a clear structure for which is very unusual for Washington. and changes to the SSUTA have no force of digital goods taxation, these types of goods It is not like a lot of bills that simply law because any changes to the agreement could fall under multiple taxation schemes. make changes to other bills and re- must be enacted by individual states and Does the MFA protect digital goods from quire you get hold of those other bills their legislatures. The MFA recognizes that multiple taxation? and read them to figure out what is the SSUTA already incorporates the sim- The MFA does not affect the taxability of going on. This bill is straightforward. plifications and protections embodied within goods, digital or otherwise. If a State meets the simplification the MFA. Thus, states that have already en- 15) In terms of digital goods, like apps and requirements outlined in the bill, it acted laws to comply with SSUTA are grant- music, who is responsible for remitting the ed authority by the MFA to require remote sales tax: the vendor, an app store or sales may choose to require collection of sellers to collect tax. The MFA also ensures platform, or the creator of the digital good? sales taxes that are already due. Con- that future changes to the SSUTA meet the The person responsible for remitting sales gress is not forcing States to do any- simplifications and protections provided in tax is exactly the same under the MFA as it thing. And if States do act, they are the MFA. is under current state law. The question collecting taxes already due by con- 10) Included in the manager’s amendment under state law remains as it always has: sumers—folks such as you and me. is language that clarifies that a state may who is making the ‘‘sale’’ as defined in state not impose requirements on remote sellers One of the issues that received much law? The party making the ‘‘sale’’ first col- attention while debating this bill the that they do not impose on non-remote sell- lects and then remits the tax. ers. Currently, many states give special 16) Some states, like Maryland have dif- past few weeks is the issue on audits. state sales tax deals for businesses with in- ferent sales tax rules for goods that are There is some concern small businesses state presence, while offering remote sellers priced under one dollar. For example: will be subjected to onerous and time- no such deal. Since this practice is giving Effective January 3, 2008, the Maryland consuming audits by State and local preferential treatment to in-state sellers in sales and use tax rate is 6 percent, as follows: governments if those governments relation to the collection and remittance of 1 cent on each sale where the taxable price start requiring they collect sales taxes sales taxes, will this be prohibited under is 20 cents. MFA? Will there be any limitation on states 2 cents if the taxable price is at least 21 on these remote sales. It is critical to giving special sales tax breaks to large in- cents but less than 34 cents. keep in mind that sellers that have state businesses while forcing strictly out-of- 3 cents if the taxable price is at least 34 under $1 million in remote sales in 1 state businesses with no presence to comply? cents but less than 51 cents. year are not required to collect and

VerDate Mar 15 2010 01:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.002 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3073 would not be subject to an audit from to taxation without representation. Garmisa on Senator DURBIN’s Staff; Al- any out-of-State government. The Marketplace Fairness Act includes lison Martin, Michael Merrell, and In order to obtain authority to re- significant benefits for remote sellers, David Cleary on Senator ALEXANDER’s quire remote sellers to collect, and including limits on audits, liability staff; Jillian Fitzpatrick on Senator therefore even have the potential of protections, and tax and administra- HEITKAMP’s staff; and all of the staffs being audited by remote governments, tive simplification. The tax is imposed of the bill’s cosponsors and all of the States either must join the Stream- on the consumer by the State where people in offices that have been taken lined Sales Tax and Use Agreement— they reside pursuant to tax rates and a into the process so we could get the and I will refer to that as the Stream- tax base established by the State and process to work. It is always a team ef- lined States—or they can simplify local governments. This serves as the fort, and it takes more than ones who their tax structure by creating a single ultimate check on excessive taxation. are just leading the effort. I know entity within the State responsible for Because this tax is imposed on the con- there are an immeasurable number of all State and local taxes and use tax sumer, there is no danger of taxation hours they have put in on this issue administration and audits; establishing without representation. and I thank all of them for their hard a single audit statewide; limiting col- Another concern raised by a few of work. lection to a uniform State and local my colleagues is that businesses will I look forward to continuing to work tax base; allowing a single sales and leave the United States, set up shop with my House colleagues, Congress- use tax return; and providing the pro- outside our borders, and sell into the man WOMACK, Congresswoman SPEIER, gram to figure the tax with no liability United States, presumably only be- Congressman CONYERS, and Congress- to the retailer and, therefore, no need cause of a sales tax collection require- man WELCH, as they push forward to for an audit. ment. It is important to note that the House passage of the Marketplace For States that join the Streamlined States currently enforce collection of Fairness Act. Sales Tax and Use Agreement, a re- State taxes against foreign businesses I also thank Senator DURBIN for all of mote business would only be subject to with no physical presence in the United his energy on this bill, the perspective a single audit for participating stream- States, and have a number of methods he was able to bring to the bill and his lined States, eliminating the possi- to compel collection by foreign sellers, tremendous ability to communicate bility of audits by local governments including liens, levies, and seizure of the issues. I thank Senator ALEX- and the probability of an audit. assets. The Marketplace Fairness Act ANDER. We were working on a much For States that do not join the treats foreign corporations the same as bigger bill until Senator ALEXANDER streamlined States but choose to par- it does domestic corporations. All on- lent some expertise to make this a ticipate in the alternative simplifica- line retailers that make over $1 million much simpler one, one that is com- tion system outlined in the bill, a busi- in remote sales, regardless of where the pletely readable and only 11 pages. ness would also be limited to a single retailer is located, must collect and I think that covers most of the objec- audit, per State, per year. remit sales tax to States that require tions. There will be some from the Practically speaking, there is no pos- it. States that do not charge a sales tax at sibility that streamlined States or non- I would say this. No one works on a all because if their businesses exceed $1 streamlined States would ever be able bill such as this, works on it 12 years, million in on-line sales, then they will to perform significant audits of remote as a popularity contest. You have to be have to. If they sell into States that sellers. doing what is right. I have listened to collect the sales tax, they would have Today, the States audit less than 1 the people, talked to the people, and to participate in the collection of that. percent of retailers inside their bor- know this is something that is going to As we push forward with House pas- ders. Auditing remote sellers would re- be necessary to keep Main Street in sage of the Marketplace Fairness Act quire additional resources and travel business so people will have the ability and as we finish in the Senate tonight, and is simply not a realistic possi- to go to the store and make a selection as I am confident we will, I thank all bility. and try the goods, feel the goods, and who are participating in it, particu- For audits that are performed under know it is right and that retailer is not larly the people of courage. the new system, the Marketplace Fair- going to have to worry about the per- I yield the floor. ness Act demands that States adopt son using their iPhone to get the The PRESIDING OFFICER. The Sen- uniform audit procedures which would barcode and order it from somebody ator from Oregon. simplify and reduce business adminis- else because of a sales tax difference. Mr. WYDEN. Mr. President, today trative expenses. That is what will keep Main Street via- the Senate is voting on whether to Sellers who use the certified sales tax ble and the downtowns making it look take a few more inches off the little administration software would either like there is a growing community. guy. I say that because we can tell not be audited or would have limited In conclusion, I thank everyone asso- what this debate is all about by look- scope audits to determine that the ciated with this bill for their hard ing at the morning newspaper. All over software was properly installed. work and efforts in getting us to this those newspapers we saw ads taken out In addition to the audit protection point. I thank Senators ALEXANDER, by some of the biggest businesses in the Marketplace Fairness Act provides, DURBIN, and HEITKAMP for their unwav- the country. It is pretty easy to see participating States are required to es- ering support of this bill and moving it why. It is because with this vote for tablish and maintain an accessible forward in the Senate. I thank all of the so-called Marketplace Fairness database of geographically based tax the cosponsors of the bill. I very much Act, what we have is big businesses rates and tax base information to make appreciate their support. I thank all being given the ability to force—force, it easier for remote sellers to collect the businesses, the trade groups, the mind you—new regulations onto the taxes. These states are also required to constituents who provided constructive startups, onto the small businesses. hold those sellers harmless for errors feedback as we have attempted to ad- That is what this bill has always been in the database. dress, as best we can, all the concerns about. Compared to today’s sales tax admin- that have been raised. The big businesses have physical istration, where sellers are expected to I thank all of the staff who have presence. They already pay taxes. The research and comply with tax rate and worked on this issue—on my staff, my people whom we have said we care tax base information and to understand legislative director Randi Reid. She about, for the last 15 years, are the jurisdictional boundaries without help has worked on this as long as I have. startups, the people who are just try- from the state and local governments, She is probably, on the Hill if not the ing to get off the ground, who have the the Marketplace Fairness Act dramati- country, the expert on marketplace dream of one day being big. With this cally reduces administrative burden fairness or any of the other titles this proposal that we will vote on in an and audit risk. kind of bill may have had. hour, I fear what we are going to do is Some opposed to this bill go so far as I also thank my tax counsel, Eric crush a lot of those startups, a lot of to say that this potential overreach of Oman; Corey Tellez, Beth Cook, Dena those small businesses, because not State and local governments will lead Morris, Reema Dodin, MJ Kenny; Ben only will they have new regulations,

VerDate Mar 15 2010 01:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.008 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3074 CONGRESSIONAL RECORD — SENATE May 6, 2013 those small businesses will have new ulator-in-chief, and essentially, if we I have joined with Senator ENZI, a legal regimes, new audits by out-of- look at the philosophical foundation of Republican from Wyoming; Senator State regulators, new legislators, new this proposal, it endorses that world ALEXANDER, a Republican from Ten- Governors, new court systems, new ac- view. nessee; and Senator HEITKAMP, a Demo- countants, new software, new consult- The Senate is being asked to consider crat from North Dakota, in a bipar- ants, and new lawyers. What I hope we schemes to allow States and localities tisan effort to solve a problem. It was will do is ensure, as this process goes to essentially nationalize their taxes, a problem not out of our creation, it forward, that we truly think through but tomorrow the Senate may be asked was a problem that came about because the implications of what is being done to consider similar schemes to enforce commerce has changed in the United because on every count it is coercive law and regulations. I will tell you States. and discriminatory in nature. It, in what truly concerns me about this is it Twenty years ago the State of North fact, gives a leg up to foreign retailers. could be laws and regulations about Dakota went to the Supreme Court and It, in effect, repudiates a lot of what we content and other issues that are im- said: We want to collect sales tax from have done over the last 15 years to portant to the powerful and well-con- remote sellers. Twenty years ago these build a sensible policy that will ensure nected. Make no mistake about it, that were mainly catalog sales. It would what I call prosperity for both bricks is who is pushing this bill today. give a company that made a catalog and clicks. Open those morning newspapers and sale in the State of North Dakota the I am sure that is what the Presiding it was not the little guy, the person ability to collect sales tax. Officer of the Senate wants. It is what who does not have PACs and big polit- Nearly 21 years ago the Supreme we want in Oregon. We want our brick- ical committees who was buying ads in Court—across the street—said in the and-mortar stores to prosper. We want the morning newspapers, it was the Quill decision: We are not going to rule our online stores to prosper. What this powerful and the well-connected. It this from the Court. It is up to Con- bill does is it precipitously overturns seems to me the last thing this body gress to write the law. the law of the land, the law of the land should do is jeopardize the democra- Well, in lightning-fast speed—the upheld by the Supreme Court. It would, tizing power of the Internet and tech- kind of reaction we have come to ex- in unprecedented fashion, stipulate nology through legislation such as pect—21 years later, here we are actu- that State and local governments have this. ally debating the bill. We may actually taxing authorities over businesses that I believe the substance of this bill is vote on it in an hour and a half. are located thousands and thousands of deeply flawed. I know there have been What is it all about? It is about the way commerce has changed in Amer- miles away. efforts to improve it. The sponsors are quick to point out I see my colleague from Illinois. He ica. Let’s think about it. When did any- that the Court allowed that Congress wanted to take the bill I wrote years one here first make an Internet pur- could enact this sort of extraterritorial ago, the Internet tax freedom legisla- chase? Virtually all of us have. I re- taxation. But as the Senate has seen tion, along with colleagues from both member doing it and saying: I wonder again and again, just because govern- sides of the aisle, and he wanted to put how this is going to work. They are ment can doesn’t mean government it into this bill. The Internet Tax Free- going to take it off my credit card, I should. dom Act runs contrary to this bill be- am going to receive this in the mail or We are going to continue this debate. cause this bill allows discrimination. UPS will deliver this book from Ama- It specifically allows online retailers It will not be done today. One of the zon. Well, it worked out pretty nicely, to do things that would not be required central discussion points in this debate so I did it again. I bought clothes from for offline retailers. The offline retailer going forward will be the damage this Lands End, along with some other doesn’t have to chase somebody across bill, in its present form, does to the things, and pretty soon I am an Inter- the country and try to figure out where idea of State sovereignty. Proponents net purchaser. they are going to consume a particular Well, it turns out there was some- of the bill say the measure is about product. We ask for things from online thing going on I didn’t know about. In promoting States rights, but the re- retailers that we do not ask from off- my State of Illinois—and 45 other ality is it is a coercive affront to State line retailers. States—I have a legal obligation to pay sovereignty. If any State does not wish I understand why the Senator from sales tax on what I purchase on the to subject their business to out-of- Illinois wanted to take a bill that has Internet. Most people don’t know it. It State government tax collectors, the been a big success for both bricks-and- is on the State income tax form, and at MFA tells them in effect: Get lost. The clicks retailers and put it into this bill. the end of the year in Illinois—and MFA enables the State of Indiana or In effect, I compared it to trying to many other States—each taxpayer is the State of South Dakota to require dump sugar into a very bitter cup of asked to itemize how much they owe online businesses located in New coffee. for sales tax to, for instance, the State Hampshire to collect sales taxes on We cannot get healthy with this bill of Illinois for purchases that were their behalf. I will repeat that. This so- in its present form. It is a deeply made on the Internet. called Marketplace Fairness Act could flawed piece of legislation. This debate A year ago my bookkeeper brought it require New Hampshire, a State that is going to continue. to my attention and said: Senator, do does not have a sales tax—require New I urge colleagues to vote no on the you want to pay this? I said: I think I Hampshire businesses to collect sales bill. should. I started making calculations taxes for goods and services provided to I yield the floor. of what it was. It was my best esti- consumers in Indiana and South Da- The PRESIDING OFFICER. The Sen- mate, and I paid it. It turns out only 5 kota and send that money to those ator from Illinois. percent—1 in 20 taxpayers in Illinois— States. It enables California and New Mr. DURBIN. I thank my friend and make that payment. York to collect taxes from businesses colleague from Oregon for coming to Now repeat that story for 45 States located in Florida or Texas. the floor and stating his position on and we will find that so many residents Finally, since I know we are in morn- the bill. For those who follow the Sen- of States—whether it is Maine, Illinois, ing business, I think this steers the ate, we are about to see something that or California—may have a legal obliga- Internet toward a dangerous path. It is historic, precedent setting, and noth- tion to pay sales tax on their Internet would, in effect, endorse the notion ing short of remarkable in an hour and purchases, but they don’t do it. that Internet entities should be re- a half. The Senate is actually going to As a result, less money is going into quired to enforce laws outside their vote on a bill. the States, the counties, and the local- home jurisdiction. Foreign countries Those who are watching this program ities that have the sales tax revenue have long pressed that notion. Foreign on C–SPAN or from galleries may actu- coming their way, but something else countries have specifically pushed that ally see 100 Senators—or close to that has happened that is very significant. notion, that the Internet ought to cede number—come to the floor, vote, and The competition of the Internet retail- to their control. As it is already, many perhaps there will be a bipartisan ma- ers is a disadvantage. countries are seeking to put the United jority supporting the bill. At least that Unabridged Bookstore is on Broad- Nations in charge of the Internet’s reg- is my hope. way in the city of Chicago. It is around

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.018 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3075 the corner from where my wife and I across the United States there will be a nity. Stores large and small all across reside in Chicago. Unabridged is a standard which will help a lot of retail- America support this legislation. It has great bookstore, and I love bookstores. ers. Sure, it is going to help the biggest the support of virtually every level of I make a point of going in there. I went ones. I will not make any bones about government beyond the Federal level. in there last Friday, bought a couple of that. Of course it will. It will help the All the Governors and mayors in all books, and paid my sales tax to the small ones too such as the Unabridged the different localities—virtually all of State of Illinois. Bookstore and businesses such as the them—support it. The labor union sup- As I mentioned earlier, I also buy Lacrosse sporting goods store. They ports it as well because money coming books on Amazon. Sometimes they col- will be helped in the process too. They back into these States and commu- lect sales tax and sometimes they create jobs. These are entrepreneurs nities will be used for the good of the don’t. It depends on whether the actual which sustain our communities. people who live there. I don’t know seller of the book is a store in Illinois, When it comes to things we need in about many States, but in my State for example. our neighborhood or town, we go to the they are struggling in terms of coming So what is the difference? Well, the small stores and ask if they will buy an up with enough revenue. This bill will difference is about 8 or 9 percent on ad in the church program or support help provide some of the revenue my what a purchaser pays for a book. the local baseball team. They are citi- State needs to deal with some of these When I bought the book at the store on zens and residents of the community. problems. Broadway—where they are collecting They are part of the community. This I would like to mention one other the sales tax as they are required by bill is trying to make sure they have a issue that was brought up Friday law, where they pay property tax as fair and level playing field when it morning by the Wall Street Journal. they are required by law sustaining the comes to competing. That is what this The Wall Street Journal talked about great city of Chicago and all of its is all about. the number of audits an Internet re- services—I paid more than I might Some may wonder why we have such tailer might face if this bill passes. have on the Internet. opposition. The Senator who spoke be- They suggested—I think improperly in Here is what this bill says: States fore me is from the State of Oregon. their editorial—that it could be an on- can now require the Internet retailers Oregon is one of five States in the Na- slaught of audits. We made it clear— to collect the sales tax at the point of tion with no State sales tax. For the and Senator ENZI said on the floor, as purchase and to remit those proceeds record, they are Alaska, Oregon, Mon- I have—that we are talking about one back to the States. So, for example, if tana, New Hampshire, and Delaware. Of centralized audit for each State. Amazon, which supports this bill, sells those five States, four of those States— It would not be a matter of harass- a book to me in Illinois, they can col- all eight of those Senators—are ac- ment. At most there would be some 45 lect the sales tax and send it to Spring- tively opposing this bill. audits which these Internet retailers field, the Illinois Department of Rev- What does it come down to? If this would face. I hope that can be made ex- enue. It is just that simple. bill passes, will the people of Oregon, tremely clear. As far as the way they collect it, this who currently have no sales tax, have I have listened to a lot of speeches on bill requires that the Internet retailers to collect sales tax from the residents the floor against this measure, and vir- be given the software they need so of Oregon? No. Not one penny of sales tually every single one of them has when I put in my address either in Chi- tax will be imposed on any State where been from a State with no sales tax. cago or Springfield—I have two places they currently don’t have a sales tax. My final plea is to the people of Or- in Illinois—the address is going to The residents of Oregon will not have egon, Montana, New Hampshire, Dela- identify how much tax is owed. It is to pay sales tax at the counter or over ware, and Alaska. If this bill passes, not as dramatic and complicated as the Internet. It will not apply. they will not have to pay any new sales some on the Senate floor have sug- However, the three or four—and tax. This bill creates no new Federal gested. In fact, it is done every single there are only three or four compa- tax and does not create new sales tax day. nies—Internet retailers in California anywhere in the United States. It only What if we don’t do it? What we are that want to sell in California, Wash- has a method of collection for those going to find is that stores that sell ington, Maine, and Illinois will be col- sales taxes that already exist in the books, running shoes, bicycles, and ap- lecting sales tax based on their sales in States across the Nation. pliances are at a distinct disadvantage. our States only. That is fair. It doesn’t I hope we can get a good, strong bi- They become showrooms, and they tell change an Oregonian’s sales tax re- partisan vote so we can send it to the a story. sponsibility at all. So for three or four House, and I hope they will take it up. This is a Lacrosse store, and they are retailers, the argument is being made: It is a timely and important measure. going out of business. They sold sport- Don’t change the law. After 21 years I think we have thought ing goods and soccer gear in the sub- Just how many Internet retailers are it over enough. It is time to act and do urbs of Chicago. They could not keep we talking about? We put an exemption something to resolve the issue. This up with it anymore because people in this bill and said: If you had less will help small businesses and local were coming in and they were than $1 million in Internet sales last governments across America where showrooming. Potential customers year, you don’t have to collect sales this revenue will play an important would come into the store and say: I tax this year. What does that $1 mil- part in their future. am looking for running shoes, and I lion mean? Well, if we set that number I believe all the speeches I have cannot decide if it is Nike or Adidas. at $150,000 instead of $1 million, we heard about the value of small busi- Can you bring out a few boxes? How would have exempted 99 percent of all ness, the value of entrepreneurship, about different colors? Let me try a the Internet retailers. and how important it is to create jobs different size. OK. This is perfect. Let What it comes down to is this bill at the local level. This will be a test me write this down. will affect the big boys, such as Ama- vote this afternoon. In fact, we will Everyone knows what happened next. zon and eBay—the big ones. They can have a couple of votes. First, there will They walked out of the store, ordered certainly—and already do in many in- be the managers’ amendment. It is gen- it on the Internet, and paid no sales stances—collect the sales tax. It does erally an amendment where we look tax. That is what this store, and many not affect the small Internet retailers, closely and carefully at every single like them, are competing against. We particularly in States that are com- sentence in the bill. We made some are trying to solve this once and for plaining the most about the passage of slight variations. There were no major all, and we have done it in a way I this legislation. changes in the substance of the bill think is fair. I think this is an important measure that was originally introduced. How- We took a bill that was 80 pages long in terms of leveling the playing field ever, it is a cleanup amendment, which and turned it into 11 pages so it is sim- for retailers across America, and it is shows that even with our best efforts, ple to follow. We made it easy for the long overdue. It is bipartisan, and it we can improve, and I think that is im- retailers in terms of the software they has the support of the White House. It portant. Second, there will be the vote need to make this collection, and now has the support of the retail commu- on final passage on the bill.

VerDate Mar 15 2010 01:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.019 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3076 CONGRESSIONAL RECORD — SENATE May 6, 2013 The last point I want to make is one ers already do, which is to collect the Then there are some who say it is too I expect to hear from my friend from sales tax that is already owed when complicated. Well, this is how com- Oregon, Senator WYDEN—and he is my something is sold. That is it. plicated it is. If I order ingredients to friend. He feels passionately about the Before I went back to Tennessee, make ice cream over the Internet from Internet, and he should. The Internet some people here were saying: We don’t Williams-Sonoma, I put in my name, has changed America. It has changed trust the States to make this decision. my address, and my ZIP Code, and the the world. It has changed the way we I think I know the answer to that from software figures out the sales tax, col- live, the way we research, the way we Tennesseans. I have spent the last lects it, and sends it to the State of read books, the way we shop, and so week going from one end of our State Tennessee, how hard is that? many other things. to the other. Everywhere I have gone, I I guess the complete answer to that Senator WYDEN talks about the vir- have asked a question. I said: There are is that a majority of Internet sales tual issue of the sanctity of the Inter- some people in Washington who said today collect the sales tax that is net. I could not agree with him more. they trust Washington to make a deci- owed. If it is so hard, how are they We have to make sure we preserve sion more than they trust Governor doing that? Let me say that again. A some very basic things about the Inter- Haslam and Speaker Harwell, Lieuten- majority of the retailers that sell over net. One of the things we need to pre- ant Governor Ramsey, and the Ten- the Internet today collect the sales tax serve is access to the Internet. What if nessee Legislature to decide what to do when it is owed using the software that we had to pay a tax every time we went about taxes. is as simple as looking up the weather online? That would be awful. So we had The last time I checked, Tennessee on a person’s computer. I look up the an amendment from Senator PRYOR of had an AAA bond rating, no State road weather in Maryville, TN. I type in my Arkansas and Senator BLUNT from Mis- debt, one of the lowest tax rates in the ZIP Code, and I type in ‘‘weather,’’ and souri which said access to the Internet country, and was named the second it tells me the weather. That is about cannot be taxed. It is called the Inter- freest State in the country. And the how easy this is. A majority of the re- net Freedom Act. last time I checked, Washington, DC, tailers that sell over the Internet I said put it on here. I agree with was running up $1 trillion of debt and today collect the sales tax when they that. Let’s make it clear that nothing more every year. Nobody in Tennessee make the sale, so it can’t be not only we do here will in any way inhibit a trusts Washington more than the Gov- impossible to do, but it is not hard to person’s access to the Internet. ernor and State legislature to decide do. It is a bill which, frankly, Senator what to do about taxes, particularly Then there are some who say con- WYDEN had introduced, but because of when it comes to whether we are col- servatives aren’t for this. One of the the nature of this political debate, he lecting a tax that is already owed. leading proponents of this legislation is objected to our putting an amendment This is such an obvious piece of legis- the chairman of the American Conserv- on the bill. I am sure he still supports lation that many of the opponents have ative Union, Al Cardenas. He sent out that bill in principle. This was an ef- resorted to interesting arguments, let’s an e-mail last week, and he sent out fort by us to make it clear that we say, in opposition to it. another one today. want to protect access to the Internet It has been said that the bill should Dear Senator: As you continue work next and in so doing make sure we also pro- have gone through committee. Well, it week on the Marketplace Fairness Act, I tect something that is fundamental in went to committee, but the chairman— would like to call your attention to what this country: an opportunity for real a very respected Member of this body— conservatives are saying about this issue. competition and a level playing field doesn’t like the bill, so he didn’t report They recognize as I do that it is not the role it to the floor. So that is why it didn’t of government to pick winners and losers in for all manner of business, large and the marketplace by requiring brick and mor- small, across America. get out of committee. tar stores to charge a sales tax while ex- I yield the floor and suggest the ab- They have said it should have more empting Internet sales. sence of a quorum. amendments. All of us, particularly on Sincerely, Al Cardenas, Chairman, Amer- The PRESIDING OFFICER. The our side of the aisle—we are in the mi- ican Conservative Union. clerk will call the roll. nority—would like to have as many He included in his e-mail—I received The bill clerk proceeded to call the amendments as we can. But there is this e-mail—the comments of Charles roll. one reason this bill didn’t have amend- Krauthammer, a conservative if there The PRESIDING OFFICER. The Sen- ments, and that is because opponents ever was one. ator from Tennessee. to the bill objected to every single The real issue here is the fairness argu- Mr. ALEXANDER. Mr. President, I amendment, every single one, even ment—that if you’re an old-fashioned store, ask unanimous consent that the order amendments they support. Senator you have to have your customers and you for the quorum call be rescinded. PRYOR and Senator BLUNT offered a 10- pay the sales tax and online you don’t . . . The PRESIDING OFFICER. Without year extension of the moratorium on So I think you want to have something that objection, it is so ordered. Internet access taxes, and the Senator will level the playing field. You can do it one of two ways. You abolish all sales tax for Mr. ALEXANDER. Mr. President, we from Oregon objected to that even real stores and nobody pays. Or you get the have an opportunity to vote today on though he wrote the original act. Internet people to pay the sales tax as well. an important piece of States rights leg- Some have suggested that what we I think the second one is the only way to do islation—at least that is the way I look are talking about is a tax on the Inter- it, obviously. at it as a former Governor of Ten- net, but every Senator knows there is a Representative PAUL RYAN—he was nessee. law against a tax on the Internet. home this past week too. He was in Here is what the legislation does. It Some have said: Well, it is a new tax. Janesville, WI. He is a pretty good con- is called the Marketplace Fairness Act. But of course it is not. It is an existing servative, last time I checked. I don’t There are many reasons to support it, tax. One of my colleagues over here go around making a list of who is a but the reason I like it is because it said that the only thing he hates worse good conservative and who is a bad gives Governors and legislators the op- than a tax is somebody who doesn’t pay one. I just think most people in Amer- portunity to decide for themselves a tax that is owed. This is a tax that ica think of PAUL RYAN as a conserv- whether they can require out-of-State everybody owes that only some people ative, just as the chairman of the sellers to do the same thing in-state pay. What we are trying to say to the American Conservation Union does. sellers are required to do; that is, to Governor of Maine or to the Governor Representative PAUL RYAN: collect the sales tax already owed. of Tennessee or to the Governor of Illi- To me, I think the concept is right . . . It’s Let me say that again. This legisla- nois is this: You can decide for your- only fair that the local brick-and-mortar re- tion is States rights legislation. It al- selves, without playing ‘‘Mother May tailer be treated the same as the big-box on- lows Governors and legislators in I’’ to Washington, DC, whether a State line sales company out-of-State. Maine or Tennessee or wherever—Illi- wants to treat some taxpayers one way Lest one think the chairman of the nois—to decide for themselves whether and some another way, some businesses American Conservative Union and they want to require out-of-State sell- one way and some businesses another Charles Krauthammer and PAUL RYAN ers to do the same thing in-state sell- way. are all on another planet somewhere,

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.021 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3077 here are a few other conservatives who prior to the vote, which is scheduled at Small businesses—a small mom-and- agree with him: William F. Buckley be- 5:30, in relation to amendment No. 741 pop just getting started on the Internet fore he died wrote extensively about be equally divided between the pro- would be required to comply with all of this; Republican Governors Bob ponents and opponents, with pro- these taxing jurisdictions, to send the McDonnell, Chris Christie, Robert ponents controlling the final 10 min- taxes to all of these taxing jurisdic- Bentley, Paul LePage, Bill Haslam, utes. tions, and to be subject, potentially, to Butch Otter, Terry Branstad, Rick The PRESIDING OFFICER. Without audits from 9,600 taxing jurisdictions. Snyder, Mike Pence, Tom Corbett, and objection, it is so ordered. That makes no sense. Dennis Daugaard of South Dakota. Mr. DURBIN. Thank you, Mr. Presi- I wish to point out also that this is This is common sense. This is fair- dent. not fundamentally about fairness. The ness. This is States rights. The PRESIDING OFFICER. The Sen- proponents of this act point to small For the life of me, as a former Gov- ator from Texas. mom-and-pop stores that are their ernor, I do not understand how Con- Mr. CRUZ. Mr. President, I rise today bricks-and-mortar retailers. But those gress can say to the conservative Re- to speak out against the so-called Mar- are not the main proponents of these publican Governor of Tennessee, the ketplace Fairness Act. In my view, dur- bills. A small bricks-and-mortar re- conservative Lieutenant Governor of ing a time of economic challenge, as we tailer right now is losing sales pri- Tennessee, to the conservative super- are in today, the very top priority of marily to two different sources: No. 1, majority Republican legislature: You every elected official, whether Repub- big-box bricks-and-mortar retailers. have to play ‘‘Mother May I’’ with lican or Democrat, should be to restore They are losing a lot of sales to big-box Washington, DC. We don’t trust you to economic growth, to get our economy large retailers. This bill does nothing make decisions about your own tax moving, to get back to the economic about that. No. 2, they are losing sub- policy. We think Washington does a dynamism, the economic strength that stantial sales to large online retailers, better job. has lifted so many millions out of pov- the giant corporations. That is laughable. That is just laugh- erty and toward the American dream. But here is an interesting statistic. able. This bill, if enacted into law, would Nine of the ten largest Internet retail- What we are doing with this bill—and hurt economic growth and would be a ers are already paying sales taxes in all I will conclude with this—is very sim- mistake. 46 States that have sales taxes. Why? ple. It is two words: States rights. It al- First of all, more taxes will hurt eco- Because they have a physical presence lows our State of Tennessee, our Gov- nomic growth, and this bill, if enacted, in the State. ernor and legislature, to make a deci- would in effect create a national Inter- What the Supreme Court has said is, sion: Will they decide to require out-of- net sales tax. It would subject small if you are physically in a State, the State sellers to do the very same thing online retailers to paying taxes in 9,600 State can force you to collect its tax. they require in-state sellers to do; that different jurisdictions all across this But if you are not physically there, the is, collect the sales tax when they sell country. At a time when so many are Constitution does not let you haul an item and remit it to the State gov- hurting, we should be discussing how someone in from a distant State and ernment? It is a tax that is already to reduce regulatory burdens on small force them to collect your taxes be- owed. It is not a tax on the Internet. It businesses and how to reduce tax bur- cause you do not have any account- is a tax some people are paying and dens on small businesses, how to re- ability to those individuals in a distant other people aren’t even though they duce the complexity of taxes on small State. owe it. It discriminates against mom businesses, and this bill goes in exactly In terms of the small mom-and-pop and pop small businesses. the opposite direction. retailers, they are losing their sales to This bill only applies to large retail- In particular, those who will be hurt the big-box and big Internet retailers, ers—those that sell more than $1 mil- the most by this bill if it is passed are all of whom are already paying these lion in remote sales each year. small mom-and-pop retailers online. taxes. To the charge that it is too com- The threshold for this bill is $1 million So what do we have here? We have a plicated, how could it be too com- in gross online sales. That is not profit; bipartisan coalition, unfortunately, plicated if a majority of Internet sales that is $1 million in total sales, gross that it appears is going to pass this bill being made today already collect the sales, and $1 million for a starting busi- in this Senate. But the coalition is sales tax? ness is not a terribly high threshold for driven by the fact that you have big All we are saying is that the Gov- their gross, not their profits. That has business united. You have the big busi- ernor and the legislature may wish to to cover the costs and all expenses of ness bricks-and-mortar companies and say to all taxpayers: If you owe the the business. It has to cover any sal- the big business online retailers all to- tax, you are going to need to pay it, ary, any rent, any Web costs, commu- gether because the impact of this bill is and if you pay it, we can lower the tax nications, travel, accounting, legal to hammer the small business online rate for everybody in this State. services, plus the costs of goods sold. retailers, to make it harder for the lit- I thank Senator DURBIN and Senator These small- and medium-sized busi- tle guys to compete. So you see a ENZI for their leadership and bipartisan nesses would suddenly find themselves strange alliance here in Washington, support. I regret that we didn’t have subject to 46 different States and 9,600 but one that I think is exactly back- more amendments, but the opponents local jurisdictions. They would find wards of what we ought to be doing. used as their tactic to try to kill the themselves having to pay tax filings, I think it is fundamentally unfair to bill—which I hope won’t be successful— potentially, in all 46 States monthly or ask a Texas business to collect taxes their right to object to every amend- quarterly and to be subjected, poten- for California Governor Jerry Brown or ment. We can’t do much about that. tially, to audits from each of these for New York City Mayor Bloomberg So after the bill passes, which I hope local counties, each of these local mu- and a nanny State, in particular, be- it does tonight, the House will consider nicipalities. cause they cannot hold those politi- it, and I am sure they will come up I have with me here today a listing of cians accountable. They do not have a with their version of the bill, and we all of the tax rates of these 9,600 dif- presence there. They do not vote there. can go to conference and we can pass ferent jurisdictions. It is truly indeci- They do not have influence there. But the Marketplace Fairness Act, a States pherable, that you can look and pick yet they are being dragooned into col- rights bill that, in my view, is exactly any State and get the county and see lecting those taxes. I think that is fun- what conservatives hope would happen. the different tax rates. Indeed, in a lot damentally not right. I thank the Chair. of counties—for example, I just opened Let me give you an example of how The PRESIDING OFFICER. The Sen- this at random. In Colorado—which I this will hurt small businesses. There ator from Illinois. happened to open it to—if you look in is a woman in Texas named Ann Whit- f Taylor Park, if it happens to come ley Wood who wrote a letter to our of- from the 81210 ZIP Code, the tax rate is fice. She lives in Dallas and had cre- ORDER OF PROCEDURE 4.5 percent, but if it is in the same ated an online consignment store. Even Mr. DURBIN. Mr. President, I ask county that comes from the 81230 ZIP though it is largely a one-person oper- unanimous consent that the 20 minutes Code, the tax rate is 8.25 percent. ation, she may come close to doing $1

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.023 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3078 CONGRESSIONAL RECORD — SENATE May 6, 2013 million in sales—which, keep in mind, the House to listen to the American The Senator from Illinois. are not profits; those are gross sales. people and reject the bill as well. Mr. DURBIN. Parliamentary inquiry: Her letter said: I yield the floor. I believe the order suggests that the Legislators must understand that it is both The PRESIDING OFFICER. The Sen- time is equally divided between the op- possible and common for a small seller like ator from Illinois. ponents and proponents, and the oppo- me to reach about $1 million in sales with a Mr. DURBIN. Mr. President, I think nents have the first 10 minutes and the near-one person operation. we only have 2 or 3 minutes before the proponents the final 10 minutes. So I She estimates it could take her 6 20-minute period that has been re- would ask the Chair to clarify his rul- weeks a year to comply with the sales served equally for both sides. I wish to ing. tax procedures for all of the collecting use those 3 minutes to respond directly The PRESIDING OFFICER. The Sen- States. That impact on a small busi- to my colleague from the State of ator is correct. ness is crushing. A giant corporation Texas. The Senator from New Hampshire. has accountants, has lawyers, has peo- The first thing he says is, do not tax Mrs. SHAHEEN. Mr. President, I ple designed to deal with that. For a the Internet. Good news. I just went come to the floor again this afternoon small business, it hits them in par- through the entire bill. There is no tax to continue my opposition and con- ticular. on the Internet in the bill, none. So we cerns about the Internet sales tax leg- I point out even more fundamentally, have taken care of point No. 1. In fact, islation that has been submitted. I appreciate that we are going to vote the Internet has been this incredible we wanted to add the Internet Freedom on this bill in a few minutes, and I ap- haven of entrepreneurial freedom. It Act here, which would have said ex- preciate that I am probably going to has enabled people to start businesses pressly: We will continue the prohibi- lose. But I do think it is important to with nothing, out of their garage, and tion against tax on the Internet, and it raise these concerns again because I sell all over the world. It has trans- was objected to by one of the oppo- think we have to take a look at the formed the ability for single moms and nents of this bill. issues that have been raised and see if Hispanics and African Americans and The second thing he says is, do not there are any ways to address them. people with nothing to go and start a put a burden on small businesses. I There are a number of problems with business. Because it used to be that would say to my friend from Texas, the bill that in my State of New Hamp- you needed this big distribution net- what about the small business that shire—which has no sales tax—makes work, you needed warehouses, you does not have Internet sales? it anything but fair. In fact, it creates needed trucks, you needed all of this, You have just put a burden on them an unfair situation for small businesses so it was difficult for someone to start because they cannot compete with in a number of ways. a small business. Internet retailers that do not collect First, it is unfair for businesses in The Internet has transformed all of sales taxes. my State of New Hampshire and the that. There are 2.3 million Hispanic I might say also, when it comes to four other States in this country that small business owners. The Internet small business exemptions, we exempt do not collect a sales tax. We did not has been critical to their being able to those with sales of $1 million or less in have an opportunity to address this open those small businesses because it the previous year. That exempts 99 per- issue through amendments. I think it lets them communicate with the world cent of all Internet retailers. The small is not fair for us to pass a bill out of and get their products out. businesses—the Hispanic and non-His- the Senate that fundamentally makes I believe the Senate should treat the panic businesses—collect sales taxes in an impact on businesses in States Internet as a safe haven, that it should Texas on the first dollar of sales. We where we have no ability to address the be treated as free from taxes and regu- exempt $1 million in sales for their imposition of these taxes. lations that would hamper the entre- competitors in Internet retail. I also think we should not pass a bill preneurial spirit and make it harder The final thing the Senator says is, that is going to create unnecessary for the little guy, for small business to do not favor large businesses. The coa- new redtape for small companies across be created, to grow, and thrive. When lition supporting this bill includes the the country. One of the real benefits of they become gigantic corporations, smallest businesses, the mom-and-pop the Internet has been the innovation they will have a physical presence in businesses. Of course, it includes the and the job creation it has spawned. the State, and then they will be subject big-box stores and the big chains. But What this legislation does is put in to the taxes. But do not hit them when it goes all the way down the line. They place redtape that is going to put small they are getting started on the Inter- are all in competition. companies that sell online at a severe net. I think it would be absolutely fool- What we have put in here, with this disadvantage, making it harder for ish to do anything to impinge on the exemption, exempts 99 percent of all them to compete with large online re- entrepreneurial freedom of the Inter- online retailers. When the Senator says tailers. net. he looks at 9,600 different taxing juris- As a former small business owner In conclusion, I want to say three dictions and cannot figure out how in myself, I know how time consuming very simple things. the world we are ever going to figure regulations and compliance can be. No. 1, in my judgment, we should not this out, I refer him to page 3 of the Make no mistake about it, we are cre- be taxing the Internet, period. No. 2, bill. Please start reading at line 14 ating a bureaucratic morass for small we should not be increasing the bur- through 24, where you will see that we businesses under this legislation. Small dens on small businesses, particularly expressly provide there must be a sin- companies will be looking at com- at a time of economic challenge, pe- gle entity within the State responsible plying with 46 different State laws. riod. And, No. 3, we should not be fa- for all State and local sales. So you are They are going to face audits or law- voring politicians and big business at not going to have 9,600. You are going suits, potentially, in some of these the expense of the little guy, at the ex- to have, at most, 45 separate entities— States. pense of the single mom trying to start the 45 States with sales taxes—as well Small business owners, who are a small business to feed her kid, at the as audits; one audit from the State, a working hard to grow their companies, expense of the Hispanic immigrant try- single audit. do not need additional paperwork to ing to start a small business and work We do not want to put a burden on distract them from running their com- toward the American dream. any businesses—large, small, Internet panies. I fear that is what this bill will We should not be standing with poli- or not—but we do want to level the create. I urge my colleagues to take ticians looking for more tax revenue playing field. another look and see how we can ad- and big businesses looking to make it Mr. President, I yield the floor. dress those concerns. harder for their competitors to survive. The PRESIDING OFFICER. Under I yield the floor. Instead, we should stand up with the the previous order, there will now be 20 Mr. LEVIN. Mr. President, the Mar- little guy, the small business, with the minutes of debate equally divided. ketplace Fairness Act is designed to American people. Who yields time? address a simple problem—a significant I urge the Senate to reject this bill. If no one yields time, the time will be loss in States’ sales tax revenues aris- If the Senate does pass it, I would urge charged equally. ing from e-commerce.

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.024 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3079 Generally, retail businesses are re- need to fund schools, and law enforce- does not recognize today’s modern-day quired to collect and remit sales and ment, and other key priorities. method of marketing, this modern-day use taxes on qualifying merchandise or I will vote for this bill, and I urge my way we do business and commerce in services. While most States require colleagues to do the same. our country has not been recognized. consumers to remit use taxes for pur- The PRESIDING OFFICER. The Sen- They continue to struggle, continue to chases from out-of-State vendors, com- ator from Illinois try. I congratulate the Senate. I con- pliance is extraordinarily low as States f gratulate all of the other Senators who cannot legally mandate the collection have pursued this with such vigor and UNANIMOUS CONSENT and remittance of taxes by a business with such hope. I say today is the day AGREEMENT—S. 601 unless the business has a physical pres- that we say yes to America’s small ence in the State. Mr. DURBIN. Mr. President, I ask businesses. This restriction, which was articu- unanimous consent that the cloture I yield the floor. lated in the 1992 Supreme Court case, motion with respect to the motion to The PRESIDING OFFICER. The Sen- Quill Corp. v. North Dakota, went so proceed to Calendar No. 44, S. 601, be ator from Tennessee. far as to invite Congress to address the withdrawn; further, that at 2:15 p.m. on Mr. ALEXANDER. Mr. President, I issue. It is time we do that. Tuesday, May 7, the motion to proceed ask I be notified when I have consumed In an era of unprecedented e-com- to S. 601 be agreed to and the Senate 21⁄2 minutes. merce, Congress’s failure so far to ad- begin consideration of the bill. The PRESIDING OFFICER. The Sen- dress this problem unfairly deprives The PRESIDING OFFICER. Without ator will be notified. State treasuries of much-needed tax objection, it is so ordered. Mr. ALEXANDER. Mr. President, I revenue because Internet-based retail- f congratulate the Senator from North ers are not required to charge sales tax MARKETPLACE FAIRNESS ACT Dakota on 20 years of work on this to their out-of-State customers. As you issue, Senator ENZI for 11 years of tire- Mr. DURBIN. Mr. President, in the might imagine, a large number of State less work here, and Senator DURBIN for governments have asked for this legis- closing 10 minutes, the four proponents his effective advocacy. I will make four lation to fix that problem, including who will speak will be first Senator quick points. the current Republican Governor of HEITKAMP of North Dakota, followed by The Senator from Texas said reinvig- Michigan. In fact, Michigan governors Senator ALEXANDER of Tennessee, my- orating the economy should be the No. of both political parties have asked self, and then Senator ENZI of Wyo- 1 priority for Federal and State lead- Congress to pass this important piece ming, who has for 11 years been fight- ers. That is precisely the first sentence of legislation, and I agree with them. ing for this vote. I want him to have of the column of economist Art Laffer The Governor of Michigan says that the last word. in the Wall Street Journal where he passing this law will help the State of The PRESIDING OFFICER. The Sen- says: Michigan collect more than $800 mil- ator from North Dakota. Ms. HEITKAMP. Mr. President, this States can cut their income tax rates if lion over the next 2 years. Those are web vendors collect the sales taxes that are revenues that the State desperately is a day that has been 20 years in the legally due. making. You have heard argument needs. In other words, if you want economic after argument here about how this bill I also think it’s important to keep in growth, vote for the Marketplace Fair- has been rushed, how it is not ready, mind some of the things this bill ness Act. how we have not yet had enough debate doesn’t do. This bill does not authorize No. 2, the idea that this is too com- or deliberation. I tell you on behalf of the States to create State-level finan- plex to do—more than half of the sales the small business owners in my State cial transaction taxes, as some have er- now made on the Internet are by retail- who have told me it is about darn time roneously argued. In fact, the Market- ers that collect the tax when it is sold. we do something, I stand today and place Fairness Act does not create, en- It is a tax that is already owed, so how congratulate this body for taking on dorse, or recommend new Federal, can it be too complex for anybody else this issue and taking a system that has State or local taxes of any kind. to do? It is already being done. So that This bill gives States the option of been grossly unjust and incredibly un- is specious. pursuing collection authority by sim- fair to Main Street businesses in our No. 3, it has been said this should plifying their tax structure, but States country and in our State and said, yes, have gone to committee. It did. It just can also choose to do nothing dif- the Senate will not stand back and never came out of committee because ferently than they do today. The Mar- wait any longer before we give you the chairman, and I say that with great ketplace Fairness Act is about more marketplace fairness. respect, did not want it to. It should equitably collecting taxes that are al- This bill could not be and could not have had amendments. Yes, it should ready owed. have a better name than Marketplace have had amendments. Why didn’t it Over the past decade, many States Fairness. I got involved in this issue as have amendments? Because the oppo- have worked together to develop a a very young person—I like to say that nents to the bill resorted to objecting framework to harmonize sales and use because it was 20 years ago—litigating to every single amendment. tax collection and remittance, known a case before the U.S. Supreme Court. Finally, I say this to my Republican as the Streamlined Sales and Use Tax I was moved to take that case to the colleagues: This is a conservative bill. I Agreement. Michigan is 1 of the 24 Court by a woman who approached me just mentioned Mr. Laffer. I read this States that currently participate in and said: Look, I am trying to survive. earlier, but I want to read it again. The that agreement. But, in order for the I am trying to participate as a good comments of the chairman of the agreement to be legally enforceable, businessperson in North Dakota, trying American Conservative Union, Al Congress would need to enact legisla- to support my community, trying to do Cardenas: tion granting States the authority to everything right, collect my sales tax, require out-of-State merchants to but I am getting killed in the market- Dear Senators, you continue work next place, because people are sending cata- week on the Marketplace Fairness Act. I remit sales and use taxes. This bill would like to call to your attention what would do that. logs; people come into my store; they conservatives are saying about the issue. I support this effort to simplify and will look at my products. Then they They recognize, as I do, it is not the role of improve sales tax collection, and I am order this stuff through a mail order government to pick winners and losers in the a cosponsor of this bill. This bill will business. Please help me. marketplace by requiring brick and mortar level the playing field between on-line Those pleas have for the last 20 years stores to charge a sales tax while exempting retailers and those with ‘‘brick and gone unheard by this body and by the Internet sales. mortar’’ stores, ensuring that we do House of Representatives. But today He then lists the comments of not give an unfair tax advantage to one we have a chance. We have a chance to Charles Krauthammer favoring the type of retailer over another. This is say to all of those businesspeople idea, Representative PAUL RYAN favor- about ensuring that our States have throughout our country who have been ing the idea, and, of course, as we the ability to collect the taxes they unfairly treated by a tax system that know, William F. Buckley did before he

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.011 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3080 CONGRESSIONAL RECORD — SENATE May 6, 2013 died. Many Governors do. This is an however, if the taxes are not collected by re- That’s the line where you self-report ‘‘sales idea for conservatives and for our coun- tailers, they are virtually never paid. and use tax due on Internet, mail order, or try. The proposed law would close that loop- other out-of-state purchases.’’ In other hole, not impose new taxes. It’s a matter of I yield the floor. words, if you’ve ever purchased something efficiency and fairness, of necessity and com- from Amazon, for example, you should have The PRESIDING OFFICER. The Sen- petitiveness. If those really are bipartisan entered a dollar amount here when you filed ator from Illinois. values, the Senate will act without further your taxes. Mr. DURBIN. Mr. President, thanks delay to pass the Marketplace Fairness Act, But very few people do. About one of every to my colleagues who are on the floor, and the House will follow suit. 100 state taxpayers did when they filed their especially Senator ALEXANDER. Sen- 2010 income taxes, according to a 2012 story [From the Idaho State Journal, May 6, 2013] ator ENZI and I owe the Senator a great by Steven Walters of WisconsinEye, a non- debt of gratitude for his work on this THERE’S A REASON THIS IS CALLED THE profit public affairs channel. MARKETPLACE FAIRNESS ACT Currently, all retailers in Wisconsin col- bill, in helping us craft the bill and (Editorial Board) lect sales tax on purchases and pay that bring the support together. money to the state. If you buy something, The Marketplace Fairness Act making its I ask unanimous consent that the fol- the state and county sales taxes are part of way through Congress is well-named. It what you pay. lowing four editorials be printed in the would allow state governments to force If you purchase something online from a RECORD, from the New York Times, the Internet retailers to collect sales taxes from business that has a physical presence in Wis- Idaho State Journal, the Green Bay their customers and remit the proceeds to consin, you pay sales tax. But if that busi- state and local governments—like, you Press Gazette, and the Northwest Her- ness doesn’t have a store or warehouse in know—brick-and-mortar retailers are re- ald of Illinois. Wisconsin, it doesn’t charge a sales tax. There being no objection, the mate- quired to do. For example, if you went online and pur- The shoppers who buy merchandise off the rial was ordered to be printed in the chased a shirt from Lands’ End, based in Internet are supposed to calculate sales Wisconsin, you’d pay sales tax. If you pur- RECORD, as follows: taxes on their income tax forms, but the fact chased a similar shirt from L.L. Bean, based [From the New York Times, May 1, 2013] is most people don’t do that. So it might be in Maine, you would not. FAIRNESS ON SALES TAXES said that Idahoans pay an extra 6 percent The loophole is courtesy of a 1992 U.S. Su- (Editorial Board) when they buy from stores at home. That’s preme Court decision that exempts compa- money that pays to operate schools and Twenty-one years is a long time to wait. nies from collecting sales tax from pur- other public services, and it’s estimated that chasers who live in a state where the busi- But that is how long local retailers have Idaho would collect about $35 million if waited for Congress to undo a 1992 Supreme ness has no physical presence. Internet sales were taxed. A bill that the Senate is expected to vote Court decision that exempted many online Because some states, like Idaho, have re- on Monday would change that. The Market- retailers, like Amazon.com, from collecting fused to authorize collection of sales taxes place Fairness Act give states the ability to most state sales taxes. The exemption has on online purchases, Congress is acting on require online and mail order retailers to given online sellers a 5 percent to 10 percent behalf of hometown merchants with a federal collect state and local sales tax based on the price advantage over Main Street stores. law. The legislation cleared its first proce- The wait, however, may soon be over. Next address of the purchaser. dural hurdle Thursday on a bipartisan Sen- Wisconsin retailers say this would level week, the Senate is expected to pass the ate vote, 63 to 30. Final Senate passage is Marketplace Fairness Act of 2013, a bipar- the playing field. In a meeting with Press- scheduled for Monday and that tally is likely Gazette Media, area retailers said they don’t tisan bill that would authorize states to re- to be even more strongly in favor, according have a problem competing against other quire out-of-state sellers with more than $1 to The New York Times. Earlier test votes businesses, as long as all play by the same million in sales to collect sales taxes. The won as many as 75 yeses, and House action, rules and all charge a state sales tax. states, in turn, must simplify their sales-tax once seemingly unthinkable, may be codes and give retailers free software to cal- Without that level playing field, area busi- unstoppable. nesses find themselves answering a con- culate the taxes—steps already taken by Tax opponents like Grover Norquist and sumer’s questions and concerns only to have most states. An identical bill in the House the Heritage Foundation have long opposed that consumer order the same item online also has bipartisan support. any legislation that would require collection and not have to pay a sales tax. It reduces Lawmakers have raised the issue for years, of levies on Internet purchases, calling it a local businesses to showrooms. They do all to no avail, and, in the meantime, many tax increase. But Congress is hearing from the work; the online retailer collects the brick-and-mortar stores have gone out of their hometown constituents, and the tide business. The willingness to act now is driv- has turned. Even public officials who signed money. What’s at stake is millions of dollars as en in part by the fact that Amazon, which Norquist’s antitax pledge now are changing well as the fiscal health of the local commu- fought hard to preserve the exemption, re- their minds. Typical is Rep. Scott Rigell, Re- nity. cently gave up the fight. That’s not because publican of Virginia, who calls the strug- The state Department of Revenue esti- the company suddenly developed a belief in gling retailers back home ‘‘the hardworking mates that Wisconsin lost $157 million in sales taxes. Its business model—especially men and women who have mortgaged their revenue because taxes were not collected on homes to buy or rent a little brick-and-mor- its emphasis on same-day delivery—is chang- mail order and other remote sales in 2012— tar shop.’’ Six percent may actually amount ing in ways that would soon cause it to lose $78 million of that from e-commerce sales. the exemption anyway. to their profit margin. Also, the health of area businesses is im- ‘‘I have some concern about the legisla- Main Street needs a level playing field to portant. They pay taxes, provide jobs and do- tion,’’ concedes Rep. Bob Goodlatte of Vir- compete with the exploding online industry. nate to local charitable organizations yet ginia, chairman of the House Judiciary Com- So do large retailers, like Best Buy, that lose sales and money when tax-free pur- mittee, which has jurisdiction on the issue, have cut jobs as shoppers have increasingly chases are made. The out-of-state online- ‘‘but we also recognize the fairness issue— tested electronics at local stores and then only retailers aren’t invested in your com- certain items being taxed in certain cir- gone home to buy them online without pay- munity. ing sales tax. Equally important, states need cumstances, other items being not—is a The bill before the Senate sets a threshold the revenue to help recover from the reces- problem, so we’re going to try to solve that.’’ of $1 million in online sales so small busi- sion. Noncollection of sales tax on online It can be done. nesses will not be hurt and calls for the state Norquist should not complain, though he purchases costs states an estimated $11 bil- to provide free software so businesses can characterizes the bill as a ‘‘money grab by lion a year. Another $11 billion goes uncol- comply. lected on mail-order catalog sales, which cash-poor state and local governments that One aspect of the bill calls for the state to would also be covered under pending bills. would get the power to tax consumers who ‘‘establish a uniform sales tax base for use In the past, most bills that deal with rev- do not have the power to vote them out of of- throughout the state.’’ That concerns us be- enue, no matter how justified, have fallen fice.’’ After all, consumers are already sup- cause many counties, like Brown, have a 0.5 victim to the knee-jerk refusal among many posed to pay sales taxes even if an Internet percent county sales tax. We wouldn’t want Republicans to even talk about taxes, urged merchant does not collect them. to lose out on that money because the state The new law would rectify that, and that’s on by anti-tax groups like Grover Norquist’s must charge a uniform sales tax. And it’s why it is called the Fairness Act. Americans for Tax Reform. But, as reported hard to believe that the software will not be in the Times on Monday, lawmakers from [From the Green Bay Press Gazette, May 5, able to determine the correct state and local both parties have come to see that the argu- 2013] sales taxes. The technology that has given us ment for sales-tax collection is airtight. the ease of online shopping should also be CONGRESS MUST LEVEL PLAYING FIELD ON Sales taxes for any state are already le- able to clear that hurdle. gally due on online purchases that would be INTERNET SALES TAXES So far, the bill has bipartisan support in taxable if the items were bought in a local (Editorial Board) the Senate, but faces a much more unclear store. If the retailer does not collect the How many of you have entered a dollar fate in the House. taxes, the buyer is supposed to send them to amount on Line 36 of the Wisconsin income However, Congress needs to pass this bill. the state voluntarily. As a practical matter, tax Form 1? Local businesses are willing to compete as

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.026 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3081 long as it’s a fair fight. Also, the bill is not portunity for us to have Republicans communities where they will still be asking for a new tax; it’s asking that the ex- and Democrats together on the floor able to help out some of the charitable isting tax is applied fairly and uniformly and supporting a bill that has the endorse- organizations and activities that would doesn’t put the burden on the consumer to ment of business and labor and local of- have to go by the wayside if this bill reimburse the state. That’s not too much to ask. ficials all across the United States. It were not to pass. is clearly an idea whose time has come. I look forward to working with peo- [From the Northwest Herald, May 2, 2013] I hope we can pass it with a good ple on the House side. I wish to thank WHAT’S FAIR FOR BUSINESS strong vote and encourage our friends Senator DURBIN, Senator ALEXANDER, (Editorial Board) in the House to take it up quickly. and Senator HEITKAMP, particularly, I close by thanking my colleague for all of their efforts on this bill. I The scenario described by Play It Again Sports’ owner Bob Ruer happens all too often from Wyoming. He has been a great thank Senator HEITKAMP for her per- in local businesses. partner in this effort. He came to it be- sistence over 22 years and knowing the A customer comes into his Crystal Lake fore I did. I replaced Senator Dorgan intricacies of how it works on the Ca- store, looks around, maybe tries out the after Senator Dorgan’s retirement and nadian border, as well as having been wares, and then heads home to buy the same tried to keep this moving forward. involved in the original case where the product online. Why? Because Internet re- Today is our day for a vote. I thank Supreme Court challenged us to fix tailers aren’t required to collect sales tax at him for all of his hard work on his side this problem. the buyer’s local rate. of the aisle. Today we have a chance to fix this U.S. Sen. Dick Durbin, D–Ill., is pushing to I yield the floor. problem. I ask my colleagues to vote end that with the Marketplace Fairness Act. We support Durbin’s effort and encourage The PRESIDING OFFICER. The Sen- for the bill. lawmakers in Washington to pass the act. ator from Wyoming. I yield the floor. The legislation would put the initial costs Mr. ENZI. Mr. President, I thank all f of the people who have participated, on the states to provide retailers with the CONCLUSION OF MORNING appropriate software to collect taxes. Inter- particularly Senator DURBIN who has net retailers with less than $1 million in an- helped to coalesce things, Senator BUSINESS nual sales would be granted an exemption. ALEXANDER who came up with the idea The PRESIDING OFFICER. Morning Opponents of the bill, including large on- for having a shorter bill, only 11 business is closed. line retailers such as eBay and Over- pages—never see it in the Senate— f stock.com, have taken issue with the $1 mil- lion exemption and suggested it should be written in plain English, and it is MARKETPLACE FAIRNESS ACT OF bumped higher. States rights. 2013 The bill has the support of big-box stores This does not cause the Federal Gov- such as Walmart, Best Buy and Target and ernment to do anything. What it allows The PRESIDING OFFICER. Under online giant Amazon. is for the States to do what they have the previous order, the Senate will re- Beyond the unlevel playing field for busi- already passed laws on. I can see this sume consideration of S. 743, which the nesses, the situation causes the state of Illi- from the standpoint of an individual. I clerk will report. nois to lose out on a great deal of revenue. know in Wyoming if you buy some- The assistant legislative clerk read Now, Illinois taxpayers are on an honor thing on the Internet and you are not as follows: system when it comes to paying state sales A bill (S. 743) to restore States’ sovereign tax for online purchases. Residents are sup- charged a tax, you are supposed to fill out a form and send it in. That is a dif- rights to enforce State and local sales and posed to note the sales tax they owe from use tax laws, and for other purposes. Internet purchases on their state income-tax ficult thing to do, hard to even keep return. Durbin estimates that only 5 percent track of. This will eliminate that prob- Pending: of Illinois taxpayers do so. Gov. Pat Quinn lem of individuals wanting to pay the Reid (for Enzi) amendment No. 741, of a said the state stands to collect an additional tax but not knowing exactly how to do perfecting nature. $200 million annually in sales-tax revenue if Durbin amendment No. 745 (to amendment it. No. 741), to change the enactment date. the bill passed. I know it from the standpoint of a This is not a tax increase. It’s not a new The PRESIDING OFFICER. Under small businessman, if they had the ex- tax. These sales taxes and tax rates are al- the previous order, all postcloture time perience of somebody coming in, trying ready in place. is considered expired. This is a needed law to level the playing on the goods, finding out exactly what Under the previous order, amend- field for local businesses who’ve been good they want, the color, the style, the ment No. 745 is withdrawn. corporate citizens, hired local employees and feel, everything, and then ordering it The question is on agreeing to paid property taxes that support local on the Internet. The even more ironic schools and other taxing districts. amendment No. 741, offered by the Sen- part of it is when they have a problem ator from Nevada, Mr. REID. Mr. DURBIN. Mr. President, what is with it, they bring it back to the local Mr. ALEXANDER. Mr. President, I happening with Internet sales? They retailer to fix it. ask for the yeas and nays. are growing dramatically. Listen to I have seen it from the standpoint of The PRESIDING OFFICER. Is there a these numbers. In 2012 online sales ac- a mayor. I know in Wyoming at least sufficient second? counted for $225 billion in sales in 30 percent and up to 70 percent of the There appears to be a sufficient sec- America. In the next 5 years it will revenue of the municipalities comes ond. double to $435 billion. It is an endeavor from the sales tax. That is on a declin- The clerk will call the roll. that has become part of our lives. What ing basis at the moment. That is not The assistant legislative clerk called we are asking in this bill is that those only what they run the city’s streets the roll. selling on the Internet be treated the and snow removal on; a lot of the po- Mr. DURBIN. I announce that the same as those selling on the corners of lice, the fire protection, even education Senator from New Jersey (Mr. LAUTEN- our streets, to make sure the brick- is affected by the sales tax. BERG) and the Senator from Alaska and-mortar businesses have a level I have seen it from the standpoint of (Mr. BEGICH) are necessarily absent. playing field. That is all we are asking. a legislator as well. I know when we Mr. THUNE. The following Senators This bill contains no new Federal passed those taxes, we did not say: are necessarily absent: the Senator tax, no new State and local tax. What Okay, we want to discriminate against from North Carolina (Mr. BURR), the it does is collect taxes already owed. It the local business that pays the prop- Senator from Texas (Mr. CORNYN), the simplifies the system by saying there erty tax, hires people locally, and par- Senator from South Carolina (Mr. GRA- will only be one taxing entity that ticipates in all the community stuff. If HAM), and the Senator from Kansas identifies the taxes to be charged in you are out of State, we are going to (Mr. MORAN). every single State, one audit from each let you off the hook. Further, if present and voting, the State. It tries to provide for the retail- No legislator ever passed a bill like Senator from Texas (Mr. CORNYN) ers the basic software they need to get that. This is one that corrects all of would have voted ‘‘nay.’’ the job done. those things and brings fairness to the The PRESIDING OFFICER (Mr. DON- This is a fascinating bill. For those marketplace. I think it will make a NELLY). Are there any other Senators who follow the Senate, it is a rare op- significant difference, particularly in in the Chamber desiring to vote?

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.006 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3082 CONGRESSIONAL RECORD — SENATE May 6, 2013 The result was announced—yeas 70, we passed in the Senate. We want to order. That is what we should be doing nays 24, as follows: meet with the House and work out our around here. [Rollcall Vote No. 112 Leg.] differences. That is what we have done My friend from Texas is like the YEAS—70 here for two centuries. We should do it schoolyard bully. He pushes everybody Alexander Fischer Murphy on this bill. around and is losing, and instead of Baldwin Franken Murray I ask unanimous consent that the playing the game according to the Bennet Gillibrand Nelson Senate proceed to the consideration of rules, he not only takes the ball home Blumenthal Grassley Portman Calendar No. 33, H. Con. Res. 25; that Blunt Hagan with him but changes the rules. That Pryor the amendment which is at the desk, Boozman Harkin Reed way, no one wins—except the bully who Boxer Heinrich Reid the text of S. Con. Res. 8, the budget tries to indicate to people that he has Brown Heitkamp Risch resolution passed by the Senate, be in- Cantwell Hirono won. We are asking the Republicans to Rockefeller Cardin Hoeven serted in lieu thereof; that H. Con. Res. play by the rules and let us go to con- Sanders Carper Isakson 25, as amended, be agreed to, with the ference. Casey Johanns Schatz motions to reconsider being considered Schumer I don’t think it takes a lot of wiz- Chambliss Johnson (SD) made and laid on the table; that the Coats Kaine Sessions ardry to figure out that we know how Cochran King Shelby Senate insist on its amendment, re- the American people feel about what Collins Klobuchar Stabenow quest a conference with the House on they want done in this country. They Coons Landrieu Thune the disagreeing votes of the two Corker Leahy Udall (CO) want us to get on a pathway of growth Cowan Levin Udall (NM) Houses, and the Chair be authorized to and economic vitality. It has been hin- Crapo Manchin Warner appoint conferees on the part of the dered. Donnelly McCain Warren Senate, all without intervening action The Republicans have things they Durbin McCaskill Whitehouse or debate. Enzi Menendez want to do. We have things we want to Wicker The PRESIDING OFFICER. Is there Feinstein Mikulski do. Why can’t we sit down as reason- objection? NAYS—24 The Senator from Texas. able men and women and work out our Ayotte Inhofe Roberts Mr. CRUZ. Mr. President, reserving differences? That is what a conference Barrasso Johnson (WI) Rubio is all about. Baucus Kirk Scott the right to object, one of my concerns Coburn Lee Shaheen is that this conference report could be I object to what my friend suggests. Cruz McConnell Tester used to pass a reconciliation bill that It is actually fairly ridiculous, if you Flake Merkley Toomey would increase the debt ceiling without want the truth: Before we go to con- Hatch Murkowski Vitter ference, determine what you are going Heller Paul Wyden sufficient input from the minority party and without addressing the fun- to do or not do in the conference. That NOT VOTING—6 damental structural spending problems is not how we do things around here. Begich Cornyn Lautenberg we have in the Federal Government The PRESIDING OFFICER. Objec- Burr Graham Moran that are leading to our unsustainable tion is heard. The amendment (No. 741) was agreed debt. I believe this concern is well Is there objection to the original re- to. founded in history in that reconcili- quest? The Senator from Texas. UNANIMOUS CONSENT REQUEST—H. CON. RES. 25 ation bills have been used to increase Mr. CRUZ. Mr. President, I was not The PRESIDING OFFICER. The ma- the debt ceiling at least three times— aware we were at a schoolyard. jority leader. in 1986, 1990, and in 1993. So for that Mr. REID. Mr. President, is there an Mr. REID. Mr. President, this after- reason, reserving the right to object, I objection or no objection? Let’s hear noon I offered a consent agreement ask consent that the leader modify his about it. We have had enough. dealing with the budget. I withdrew request so that it not be in order for Mrs. BOXER. Regular order. that because we did not have anyone the Senate to consider a conference re- here to object, and I had an inkling port that includes tax increases or rec- Mr. CRUZ. Reserving the right to ob- there would be an objection if a Repub- onciliation instructions to increase ject. lican were here. taxes or to raise the debt limit. Mr. REID. Mr. President, there is no We have been asked to move with The PRESIDING OFFICER. Is there such thing. regular order. We have done that. We objection to the modified request? The PRESIDING OFFICER. Is there have done our very best to do that. Mr. REID. I would make a comment objection? People wanted amendments. We have before making a decision on that. Mr. CRUZ. Yes. I object. done our best to have bills with amend- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The ments. We have been asked, let’s do as jority leader. clerk will read the bill for a third time. much work as we can with committees, Mr. REID. The Senate considered the The bill was ordered to be engrossed and we have done that. We have bills budget—and that is an understate- for a third reading and was read the reported out from the committee. ment. We voted on more than 100 third time. Those are the bills we have handled amendments, as I mentioned a few here, with rare exception. minutes ago. It was hard. The votes IMPLEMENTATION Now we have had our Republican were hard. The Senate passed its budg- Ms. COLLINS. Mr. President, I rise friends saying for months and months, et. It should now go to conference, that to speak on the Marketplace Fairness let’s do things with regular order. We which the Senate passed. It is our Act. I applaud Senator ENZI for his know how hard it was to get a budget budget. The Senator from Texas was on many years of work on this legislation, passed. We have had over 100 amend- the losing side. He had his view and it of which I am a cosponsor. This bill ments on which we actually voted. We lost, but now he wants us to agree by rectifies a fundamental unfairness in were here until 5 o’clock in the morn- consent to adopt the losing side’s view our current system. Right now, out-of- ing. We got a budget, even though—you or else he is not going to allow us to go State Internet sellers, so-called remote know, we have been through this be- to conference. sellers, have an advantage over Main fore. We do not need to go into more For more than two centuries, I re- Street businesses. Main Street busi- detail. We had a law signed by the peat, the two bodies have been able to nesses have to collect sales taxes on President of the United States that go work out their differences. The Sen- every transaction. Because remote sell- gave us our budget allocations for sev- ate passes something. The House passes ers don’t have to charge this tax, they eral years. But we decided to do a reso- something. You talk about regular enjoy a price advantage over the mom- lution. It didn’t have to be signed by order, that is it. We are able at that and-pop businesses that form the back- the President. I am glad we did. It was time to sit down and talk about the bone of our communities. This bill hard. Senators MURRAY and SESSIONS differences. The debt ceiling—he wants would allow States to collect sales did a good job allowing us to move for- to talk about that. He wants to talk taxes on remote sales, thereby leveling ward on that, so now it is time to go about taxes. We are happy to do that, the playing field with Main Street forward. We have a budget resolution but let’s do it in the context of regular businesses.

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.004 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3083 It is important to recognize that this many years working on this legislation McCaskill Reed Stabenow Menendez Reid Thune bill does not authorize any new or and strongly believe that leveling the Mikulski Rockefeller Udall (CO) higher tax, nor does it impose an Inter- playing field for Main Street busi- Murphy Sanders Udall (NM) net tax. It simply helps ensure that nesses is the right thing to do. We Murray Schatz Warner taxes already owed are paid. must implement the solution to that Nelson Schumer Warren Portman Sessions Whitehouse I would like to engage Senator ENZI problem in a reasonable manner, and I Pryor Shelby Wicker in a colloquy regarding the manner in agree with the Senator that the 1-year which the bill is to be implemented. As delay she proposes is appropriate to do NAYS—27 introduced, the bill would require some this. Ayotte Heller Risch Barrasso Inhofe Roberts businesses to start collecting sales Ms. COLLINS. I would also like to Baucus Johnson (WI) Rubio taxes in as little as 90 days. I hope that note that the collection of sales taxes Coburn Kirk Scott my colleague from Wyoming would online will be new not only for many Crapo Lee Shaheen agree that is too short a time period, Cruz McConnell Tester retailers, but also for consumers who Flake Merkley Toomey and I appreciate the fact that he has are used to the current system. It is Grassley Murkowski Vitter offered an amendment that includes a important to implement the new law Hatch Paul Wyden 6-month delay. I believe, however, that correctly, from the outset, for these re- NOT VOTING—4 a delay of at least 1 year is needed to tailers and their customers. Begich Lautenberg allow businesses time to implement In this regard, I believe that it is also Cornyn Moran the new systems and software nec- important to make sure that the im- The bill (S. 743), as amended, was essary for compliance. I do appreciate plementation of the new law does not passed, as follows: that the Senator from Wyoming ex- disrupt the busy holiday season. For empted small businesses with sales this reason, I believe that States S. 743 under $1 million, as I had urged. should be prohibited from exercising Be it enacted by the Senate and House of Rep- Nevertheless, from a covered seller’s their new authority under the Market- resentatives of the United States of America in perspective, complying with the Mar- place Fairness Act during the last Congress assembled, ketplace Fairness Act requires more quarter of the first year after enact- SECTION 1. SHORT TITLE. than just installing new software. Mul- ment. This Act may be cited as the ‘‘Marketplace Fairness Act of 2013’’. tichannel retailers—those who sell on- Mr. ENZI. I think both the proposals line, through catalogs, over the phones, SEC. 2. AUTHORIZATION TO REQUIRE COLLEC- made by my friend from Maine are TION OF SALES AND USE TAXES. and in stores—have their own unique commonsense items that will improve order processing systems. Tax collec- (a) STREAMLINED SALES AND USE TAX the Marketplace Fairness Act. As this AGREEMENT.—Each Member State under the tion software must be programmed to bill moves through the legislative proc- Streamlined Sales and Use Tax Agreement is link to each component of their order ess, I suggest my colleagues on both authorized to require all sellers not quali- processing systems. This step alone sides of the aisle—and in both Cham- fying for the small seller exception described could involve considerable program- bers—adopt a 1-year delay in imple- in subsection (c) to collect and remit sales ming time for each online retailer. mentation and prohibit States from be- and use taxes with respect to remote sales Each retailer’s tax department, or ginning to exercise their new authority sourced to that Member State pursuant to outside consultants, will be required to the provisions of the Streamlined Sales and to require the collection of sales taxes Use Tax Agreement, but only if any changes research and develop a comprehensive during the holiday season. understanding of the unique sales and to the Streamlined Sales and Use Tax Agree- The PRESIDING OFFICER. Under ment made after the date of the enactment use tax policies in every State where the previous order, the question is on of this Act are not in conflict with the min- their online customers reside to make passage of S. 743, as amended. imum simplification requirements in sub- sure the programming for their tax col- Mr. REID. I ask for the yeas and section (b)(2). A State may exercise author- lection software is correct. That in- nays. ity under this Act beginning 180 days after volves answering a number of questions the State publishes notice of the State’s in- The PRESIDING OFFICER. Is there a tent to exercise the authority under this for each State. sufficient second? The differing treatment of athletic Act, but no earlier than the first day of the There appears to be a sufficient sec- apparel provides a great example of the calendar quarter that is at least 180 days ond. after the date of the enactment of this Act. complexity involved. In some States, The clerk will call the roll. (b) ALTERNATIVE.—A State that is not a clothing and athletic footwear are ex- The bill clerk called the roll. Member State under the Streamlined Sales empt from tax. In others, they are ex- Mr. DURBIN. I announce that the and Use Tax Agreement is authorized not- empt only up to a certain price level. withstanding any other provision of law to Senator from Alaska (Mr. BEGICH) and Yet other States make a distinction require all sellers not qualifying for the the Senator from New Jersey (Mr. LAU- between clothing and footwear used for small seller exception described in sub- TENBERG) are necessarily absent. athletic purposes—which they tax—and section (c) to collect and remit sales and use Mr. THUNE. The following Senators clothing and footwear used for general taxes with respect to remote sales sourced to are necessarily absent: the Senator that State, but only if the State adopts and purposes—which they do not tax. In from Texas (Mr. CORNYN) and the Sen- implements the minimum simplification re- those States, systems must be pro- ator from Kansas (Mr. MORAN). quirements in paragraph (2). Such authority grammed to correctly treat articles The PRESIDING OFFICER. Are there shall commence beginning no earlier than that can be viewed as either athletic the first day of the calendar quarter that is any other Senators in the Chamber de- apparel or general clothing, depending at least 6 months after the date that the on the user. Board shorts, sneakers, siring to vote? State— and windbreakers are just a few exam- The result was announced—yeas 69, (1) enacts legislation to exercise the au- ples of common items that give rise to nays 27, as follows: thority granted by this Act— substantial complexity. [Rollcall Vote No. 113 Leg.] (A) specifying the tax or taxes to which such authority and the minimum simplifica- YEAS—69 Retailers will need to invest addi- tion requirements in paragraph (2) shall tional hours in tax analyst and pro- Alexander Cochran Heinrich apply; and grammer time to ensure their systems Baldwin Collins Heitkamp (B) specifying the products and services are able to address these issues Bennet Coons Hirono Blumenthal Corker Hoeven otherwise subject to the tax or taxes identi- seamlessly. Even with a 1-year delay, Blunt Cowan Isakson fied by the State under subparagraph (A) to retailers will have to begin early, and Boozman Donnelly Johanns which the authority of this Act shall not move quickly, to implement the Mar- Boxer Durbin Johnson (SD) apply; and Brown Enzi Kaine (2) implements each of the following min- ketplace Fairness Act. Burr Feinstein King Mr. ENZI. I thank my friend from imum simplification requirements: Cantwell Fischer Klobuchar (A) Provide— Cardin Franken Landrieu Maine, and wholeheartedly agree with (i) a single entity within the State respon- her conclusion that we must ensure Carper Gillibrand Leahy Casey Graham Levin sible for all State and local sales and use tax that the Marketplace Fairness Act is Chambliss Hagan Manchin administration, return processing, and au- correctly implemented. I have spent Coats Harkin McCain dits for remote sales sourced to the State;

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.030 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3084 CONGRESSIONAL RECORD — SENATE May 6, 2013 (ii) a single audit of a remote seller for all (1) such persons are related to the remote under the sourcing rules under paragraph (7), State and local taxing jurisdictions within seller within the meaning of subsections (b) in which the seller would not legally be re- that State; and and (c) of section 267 or section 707(b)(1) of quired to pay, collect, or remit State or local (iii) a single sales and use tax return to be the Internal Revenue Code of 1986; or sales and use taxes unless provided by this used by remote sellers to be filed with the (2) such persons have 1 or more ownership Act. single entity responsible for tax administra- relationships and such relationships were de- (6) REMOTE SELLER.—The term ‘‘remote tion. signed with a principal purpose of avoiding seller’’ means a person that makes remote A State may not require a remote seller to the application of these rules. sales in the State. file sales and use tax returns any more fre- SEC. 3. LIMITATIONS. (7) SOURCED.—For purposes of a State quently than returns are required for non- (a) IN GENERAL.—Nothing in this Act shall granted authority under section 2(b), the lo- remote sellers or impose requirements on re- be construed as— cation to which a remote sale is sourced re- mote sellers that the State does not impose (1) subjecting a seller or any other person fers to the location where the product or on nonremote sellers with respect to the col- to franchise, income, occupation, or any service sold is received by the purchaser, lection of sales and use taxes under this Act. other type of taxes, other than sales and use based on the location indicated by instruc- No local jurisdiction may require a remote taxes; tions for delivery that the purchaser fur- seller to submit a sales and use tax return or (2) affecting the application of such taxes; nishes to the seller. When no delivery loca- to collect sales and use taxes other than as or tion is specified, the remote sale is sourced provided by this paragraph. (3) enlarging or reducing State authority to the customer’s address that is either (B) Provide a uniform sales and use tax to impose such taxes. known to the seller or, if not known, ob- base among the State and the local taxing (b) NO EFFECT ON NEXUS.—This Act shall tained by the seller during the consumma- jurisdictions within the State pursuant to not be construed to create any nexus or alter tion of the transaction, including the address paragraph (1). the standards for determining nexus between of the customer’s payment instrument if no (C) Source all remote sales in compliance a person and a State or locality. other address is available. If an address is with the sourcing definition set forth in sec- (c) NO EFFECT ON SELLER CHOICE.—Nothing unknown and a billing address cannot be ob- tion 4(7). in this Act shall be construed to deny the tained, the remote sale is sourced to the ad- (D) Provide— ability of a remote seller to deploy and uti- dress of the seller from which the remote (i) information indicating the taxability of lize a certified software provider of the sell- sale was made. A State granted authority products and services along with any product er’s choice. under section 2(a) shall comply with the and service exemptions from sales and use (d) LICENSING AND REGULATORY REQUIRE- sourcing provisions of the Streamlined Sales tax in the State and a rates and boundary MENTS.—Nothing in this Act shall be con- and Use Tax Agreement. database; strued as permitting or prohibiting a State (8) STATE.—The term ‘‘State’’ means each (ii) software free of charge for remote sell- from— of the several States, the District of Colum- ers that calculates sales and use taxes due on (1) licensing or regulating any person; bia, the Commonwealth of Puerto Rico, each transaction at the time the transaction (2) requiring any person to qualify to Guam, American Samoa, the United States is completed, that files sales and use tax re- transact intrastate business; Virgin Islands, the Commonwealth of the turns, and that is updated to reflect rate (3) subjecting any person to State or local Northern Mariana Islands, and any other ter- changes as described in subparagraph (H); taxes not related to the sale of products or ritory or possession of the United States, and services; or and any tribal organization (as defined in (iii) certification procedures for persons to (4) exercising authority over matters of section 4 of the Indian Self-Determination be approved as certified software providers. interstate commerce. and Education Assistance Act (25 U.S.C. For purposes of clause (iii), the software pro- (e) NO NEW TAXES.—Nothing in this Act 450b)). vided by certified software providers shall be shall be construed as encouraging a State to (9) STREAMLINED SALES AND USE TAX AGREE- capable of calculating and filing sales and impose sales and use taxes on any products MENT.—The term ‘‘Streamlined Sales and use taxes in all States qualified under this or services not subject to taxation prior to Use Tax Agreement’’ means the multi-State Act. the date of the enactment of this Act. agreement with that title adopted on No- (E) Relieve remote sellers from liability to (f) NO EFFECT ON INTRASTATE SALES.—The vember 12, 2002, as in effect on the date of the State or locality for the incorrect collec- provisions of this Act shall apply only to re- the enactment of this Act and as further tion, remittance, or noncollection of sales mote sales and shall not apply to intrastate amended from time to time. and use taxes, including any penalties or in- sales or intrastate sourcing rules. States SEC. 5. SEVERABILITY. terest, if the liability is the result of an granted authority under section 2(a) shall If any provision of this Act or the applica- error or omission made by a certified soft- comply with all intrastate provisions of the tion of such provision to any person or cir- ware provider. Streamlined Sales and Use Tax Agreement. cumstance is held to be unconstitutional, (F) Relieve certified software providers (g) NO EFFECT ON MOBILE TELECOMMUNI- the remainder of this Act and the applica- from liability to the State or locality for the CATIONS SOURCING ACT.—Nothing in this Act tion of the provisions of such to any person incorrect collection, remittance, or non- shall be construed as altering in any manner or circumstance shall not be affected there- collection of sales and use taxes, including or preempting the Mobile Telecommuni- by. any penalties or interest, if the liability is cations Sourcing Act (4 U.S.C. 116–126). SEC. 6. PREEMPTION. the result of misleading or inaccurate infor- SEC. 4. DEFINITIONS AND SPECIAL RULES. Except as otherwise provided in this Act, mation provided by a remote seller. In this Act: this Act shall not be construed to preempt or (G) Relieve remote sellers and certified (1) CERTIFIED SOFTWARE PROVIDER.—The limit any power exercised or to be exercised software providers from liability to the term ‘‘certified software provider’’ means a by a State or local jurisdiction under the law State or locality for incorrect collection, re- person that— of such State or local jurisdiction or under mittance, or noncollection of sales and use (A) provides software to remote sellers to any other Federal law. taxes, including any penalties or interest, if facilitate State and local sales and use tax the liability is the result of incorrect infor- compliance pursuant to section 2(b)(2)(D)(ii); The PRESIDING OFFICER. The ma- mation or software provided by the State. and jority leader. (H) Provide remote sellers and certified (B) is certified by a State to so provide f software providers with 90 days notice of a such software. rate change by the State or any locality in (2) LOCALITY; LOCAL.—The terms ‘‘locality’’ MORNING BUSINESS the State and update the information de- and ‘‘local’’ refer to any political subdivision Mr. REID. Mr. President, I ask unan- scribed in subparagraph (D)(i) accordingly of a State. and relieve any remote seller or certified imous consent that the Senate now (3) MEMBER STATE.—The term ‘‘Member proceed to a period of morning busi- software provider from liability for col- State’’— lecting sales and use taxes at the imme- (A) means a Member State as that term is ness, with Senators allowed to speak diately preceding effective rate during the used under the Streamlined Sales and Use therein for up to 10 minutes each. 90-day notice period if the required notice is Tax Agreement as in effect on the date of the The PRESIDING OFFICER. Without not provided. enactment of this Act; and objection, it is so ordered. (c) SMALL SELLER EXCEPTION.—A State is (B) does not include any associate member f authorized to require a remote seller to col- under the Streamlined Sales and Use Tax lect sales and use taxes under this Act only Agreement. RECOGNIZING SERVICE OF if the remote seller has gross annual receipts (4) PERSON.—The term ‘‘person’’ means an CHARLES HOUY in total remote sales in the United States in individual, trust, estate, fiduciary, partner- Mr. REID. President, today I rise to the preceding calendar year exceeding ship, corporation, limited liability company, $1,000,000. For purposes of determining or other legal entity, and a State or local recognize one of Congress’ longest-serv- whether the threshold in this section is met, government. ing and loyal staffers, Charlie Houy. the gross annual receipts from remote sales (5) REMOTE SALE.—The term ‘‘remote sale’’ After three decades of service under of 2 or more persons shall be aggregated if— means a sale into a State, as determined Senators Ted Stevens, John Stennis

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.027 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3085 and Daniel Inouye, Charlie retired confident that Charlie’s work left a One critical aspect of the Protecting April 6, 2013. Today, on his one month lasting mark on our Nation and on America’s Workers Act is that it will retirement anniversary, we reflect on Congress. I am happy to thank Charlie enhance the protection provided to his quiet and steady leadership which for his three decades of service and workers who blow the whistle on un- was so important to the work of the wish him well in his retirement. safe conditions in the workplace. OSHA Appropriations Committee and the f does not have the necessary resources Senate. to inspect every workplace in the coun- WORKERS MEMORIAL DAY Charlie began his career on the Ap- try on a regular basis, so whistle- propriations Committee as a profes- Mr. HARKIN. Mr. President, more blowers play an essential role in identi- sional staff member for the Defense Ap- than 20 years ago, family members of fying dangerous conditions. Because propriations Subcommittee in 1987. He workers killed on the job joined with OSHA enforcement is aided by whistle- was quickly promoted and assumed the safety advocates to launch Workers blowers, it is in all of our interests to role of democratic clerk starting in Memorial Day—a day of remembrance protect whistleblowers from unfair re- 1995. In that capacity, Charlie worked and advocacy. To honor the creation of taliation so they are not afraid to come on nearly every issue in the defense the Occupational Safety and Health forward. But the whistleblower provi- area from purchasing weapons to per- Administration, OSHA, April 28 was sion in OSHA has not been signifi- sonnel issues. chosen as Workers Memorial Day. cantly amended or improved since it The passage of the Occupational Charlie’s work on the Defense Sub- was enacted and has fallen far behind Safety and Health Act, which created committee enabled our Nation’s mili- similar retaliation protections in other OSHA, was one of the monumental leg- tary to transform itself from a Cold worker protection, public health, and islative achievements of the 20th cen- War-era force to the agile and quick re- environmental laws. The Protecting tury. This landmark legislation, passed sponse force that exists today. Charlie America’s Workers Act will remedy over four decades ago, reflects the val- played a major role in helping mod- that problem by strengthening whistle- ues that all Americans share: that ernize our weapon systems, including blower protections so more workers workers shouldn’t have to risk their helping secure funding for the develop- will feel comfortable reporting dan- lives to earn their livelihood, and that ment of Unmanned Aerial Vehicles— gerous conditions and work environ- UAVs. Funding for UAVs helped to workers, employers, and the govern- ment must all work together to keep ments can improve for all. change the tide of the latest conflict in In addition to protecting whistle- our favor and will continue to play a people safe and healthy on the job. Since that time, workplace safety blowers, the Protecting America’s major role as we continue to prosecute and health conditions have improved Workers Act also extends OSHA pro- and disrupt terrorist activities world- dramatically. In the year the OSH Act tections to more workers, increases wide. was enacted, our country saw 13,800 on- penalties for employers who break the The role of UAVs in today’s warfare the-job deaths. Forty years later, in law, enhances public accountability, is especially evident in my home State 2010, that number is down by more than and clarifies the duty of employers in of Nevada. Creech Air Force Base is 60 percent. It is without dispute that providing a safe work environment. home to the famed Predator and Reap- this legislation has saved the lives of These changes together comprise a er aerial vehicles. For decades, Creech hundreds of thousands of American critical step towards providing a safer Air Force Base was comprised of a few workers in its 40-year lifespan, a re- workplace for every worker in our buildings and a single runway, but markable accomplishment. country, and I plan to do everything Charlie’s hard work on the Appropria- In addition to saving lives, OSHA possible to fight for this important leg- tions Committee led to significant in- saves our country money. The total fi- islation. vestment in infrastructure and in- nancial cost of job injuries and ill- While we have made tremendous creases in Nevada military personnel. nesses is enormous—estimated at $250 progress in that last 40 years under These additional resources have trans- billion to $300 billion a year. Pre- OSHA, there is much more work to be formed Indian Springs Auxiliary base venting illnesses and injuries before done. All Americans have the right to to Creech Air Force Base, the premier they happen makes economic sense, in a safe workplace, and we should not UAV installation in the world, sup- addition to being the right thing to do. rest until all of our fathers, mothers, porting air and ground combat, recon- So today, on Worker’s Memorial Day, sisters, brothers, families, and friends naissance, and search and rescue. we celebrate the success of OSHA. But can go to work each day knowing they In 2009, Charlie assumed his current we also must acknowledge its limita- will come home safely again each role as the staff director for the Senate tions. Too many workers remain at se- night. Appropriations Committee. As our Na- rious risk of injury, illness or death on f tion was dealing with the effects of the the job, as demonstrated by the recent TRIBUTE TO ART GRATIAS great recession, Charlie helped develop fertilizer explosion in West Texas that policies to invest in American infra- killed at least 14 and injured over 200. Mr. GRASSLEY. Mr. President, I structure and jumpstart the economy. In 2011, according to data from the Bu- would like to take a moment to con- His in-depth knowledge about the intri- reau of Labor Statistics, 4,693 workers gratulate Art Gratias of Mason City, cacies of the legislative process, cou- were killed on the job—an average of 13 IA on receiving the Legion of Honor pled with his sense of humor, allowed workers every day—and nearly 3 mil- from the French Government for his him to keep order among the various lion nonfatal workplace injuries and contribution to the liberation of subcommittees and continue the bipar- illnesses were reported that same year. France. Art Gratias enlisted in the tisan nature of the Committee. In our great State of Iowa, 93 workers U.S. Army in January of 1942, having Charlie played a major role in nearly died on the job in 2011. Additionally, 43 begun the enlistment process before every appropriation issue during the Iowans died from injuries sustained the attack on Pearl Harbor that led to last 5 years. From continuing resolu- while working, and untold numbers of the formal participation of the United tions to omnibus appropriations meas- Iowans were injured from exposures in States in World War II. As a member of ures, Charlie helped navigate the Con- the workplace. We absolutely can—and the 2nd Infantry Division, he partici- gressional landscape to ensure passage must—do better. pated in the D-day invasion of Nor- into law. In particular, Charlie worked That’s why I am a co-sponsor of the mandy, which took place on his first with my staff to help avert a govern- Protecting America’s Workers Act, a wedding anniversary. Art fought in nu- ment shutdown and enact the Budget piece of legislation that would build on merous campaigns in France and Cen- Control Act. I will always be grateful OSHA’s successes and save the lives of tral Europe, including the Battle of the for Charlie’s hard work on this piece of countless additional workers. The bill Bulge. He was wounded on August 16, legislation. makes commonsense reforms to bring 1944, receiving the Purple Heart and Although the Senate and Nevada will our workplace safety laws into the 21st later returned to combat. miss Charlie’s deep institutional century, with minimal burden on the The French Government has ex- knowledge about the appropriations vast majority of employers that com- pressed its gratitude to Art Gratias for process and the Federal budget, I am ply with the law. what he did for their country. I would

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.007 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3086 CONGRESSIONAL RECORD — SENATE May 6, 2013 now like to take this opportunity to funding on services, but it gives them RECOGNIZING FUTURE MEMBERS thank Art for his service to our coun- the flexibility to do so if it is in the OF THE ARMED SERVICES try. In fact, despite the fact that he best interest of their communities. Mr. PORTMAN. Mr. President, I rise gave more to this country through his Let me be clear, the bill does not in- today to honor 453 high school seniors military service than we can ever crease funding to any part of the Com- in 8 northeast Ohio counties who de- thank him for, he continued to dedi- munity Development Block Grant pro- serve this Nation’s eternal gratitude cate his life to public service. Art has gram. It simply allows local commu- for their commendable decision to en- been a school board member, teacher, nities to do more with what they have, list in the United States Armed Forces. and school administrator. He has been which is why both the U.S. Conference Of these 453 seniors from 130 high very active in the Kiwanis, American of Mayors and the National League of schools in 93 towns and cities, 86 will Legion, and his church. Art has served Cities have supported this position. enter the Army, 171 will enter the Ma- on numerous volunteer boards, and in I hope that we in the Senate will rine Corps, 62 will enter the Navy, 43 the Iowa Senate. Art Gratias is a prime take this critical step to help local will enter the Air Force, 3 will enter example of that remarkable American governments to ensure that the most, the Coast Guard, 82 will enter our Ohio spirit of voluntarism that the French vulnerable will continue to receive the Army National Guard, and 6 will enter writer Alexis de Tocqueville discovered most basic services. into the Ohio Air National Guard. In in the early years of our Nation so it is the presence of their parents/guardians, fitting that he was singled out by the f and high school counselors, military French Government for its highest leaders, city and business leaders, all honor. I am proud to add my voice to USS ‘‘JOHN RODGERS’’ 453 will be recognized on May 7, 2013 by those who pay tribute to his life of ‘‘Our Community Salutes of Northeast Mr. NELSON. Mr President, I submit service. Ohio.’’ these remarks today to honor the f In a few short weeks, these young achievements of the USS John Rodgers, men and women will join with many of COMMUNITY DEVELOPMENT DD–574, a Fletcher-class destroyer of their classmates in celebration of their BLOCK GRANT PROGRAM the United States Navy. The USS John high school graduation. At a time when Mr. NELSON. Mr. President, since Rodgers was commissioned on February many of their peers are looking for- 1974, the Community Development 9, 1943, with Commander H.O. Parish, ward to pursuing vocational training Block Grant program has provided cit- USN, commanding. or college degrees, or are uncertain ies and counties with critical funding The USS John Rodgers joined the Pa- about their future, these young men to help low and moderate income peo- cific Fleet upon arrival in Pearl Harbor and women instead have chosen to ple through community projects for in June 1943. During her 2 years of al- dedicate themselves to military service economic development, revitalization most constant service in the forward in defense of our rights, our freedoms, and infrastructure improvements. area, the USS John Rodgers was under and our country. The Community Development Block frequent air attacks, yet still assisted I have no doubt that many are anx- Grant program also gives local govern- other ships and planes in destroying in- ious about the uncertainties that await ments the flexibility to use some of numerable enemy aircraft. them as members of the Armed Forces. this funding to provide basic public The courageous crew of the USS John But they do not go forward from their services directly to the most vulner- Rodgers sank an enemy patrol craft, de- homes and their families alone. They able people in their communities. stroyed six mines, rescued twenty-five should rest assured that the full sup- These essential services include pro- downed airmen, to include three Brit- port and resources of this Chamber, viding meals, clean water, shelter and ish personnel, and engaged in eight and the American people, are with clothing to low income senior citizens, bombardments of Japanese held terri- them in whatever challenges may lie abused or neglected children, the dis- tory in support of various amphibious ahead. abled and the homeless. operations. These 453 young men and women are For all the good programs that the The sailors of USS John Rodgers the cornerstone of our liberties. It is Community Development Block Grant bravely executed an anti-shipping thanks to their dedication and the program does, communities are limited sweep 30 miles into Suruga Qan, the dedication of an untold number of pa- because local governments can only deepest penetration of Japanese triots just like them that we are able spend a maximum of 15 percent of their homewaters made by surface vessels to meet here today, in the U.S. Senate, funding on these vital services. during the war. The crew was recog- and openly debate the best solutions to For many of our local communities nized by the commanding general, the many diverse problems that con- in Florida and across the country, the Third Marine Division, for outstanding front our country. It is thanks to their 15 percent cap is too low to adequately performance while in contact with the sacrifices that the United States of help the number of people in need, es- enemy. America remains a beacon of hope and pecially during these tough times. The commanding officers and squad- freedom in a dangerous world. We are In one particular case, the City of ron commanders who embarked in this grateful to them, and we are grateful Miami wants so desperately to use vessel and honorably served the USS to their parents and their communities more of its Community Development John Rodgers: Captain E.M. Thompson, for instilling in them not only the Block Grant funds for assistance to Captain Henry Crommelin, and Captain mental and physical abilities our seniors for food programs, but they Joseph W. Ludewig, Commander H.O. Armed Forces require, but more impor- can’t because of the 15 percent cap. Parish, and Commander J.G. Franklin. tantly the character, the values, and That is why I filed S. 855 on April 25, The USS John Rodgers earned 12 bat- the discipline that leads someone to to raise that modest amount so that tle stars in World War II, and remark- put service to our Nation over self. grant recipients can tailor the program ably she sustained zero personnel Their decision to serve our country to the needs of their communities, in losses during her service. At all times will not go unrecognized, not by the this particular example, the needs of the morale of the crew was excellent veterans who will stop to salute them senior citizens. and in keeping with the highest tradi- as they pass, nor by the everyday This important legislation, which is tions of the naval service. Americans who will shake their hands being reintroduced in the House by The USS John Rodgers was decommis- in grocery stores and gas stations and Representative ROS-LEHTINEN, allows sioned on 25 May 1946. I would like to airports, just to let them know how local governments to spend up to 25 take this opportunity to personally much we all appreciate their service. I percent of their funding for the Com- thank the sailors and the families of would like to personally thank these munity Block Development program on the USS John Rodgers for their commit- 453 graduating seniors for their self- essential public services, rather than ment, patriotism, and dedication to the lessness and the courage that they just 15 percent. USS John Rodgers, the United States have shown by volunteering to risk The bill does not require local gov- Navy, and the United States of Amer- their lives in defense of our Nation. We ernments to spend 25 percent of their ica. owe them, along with all those who

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.010 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3087 serve our country, a deep debt of grati- Hartsel—Lakewood; Hayes—North Royalton; UNITED STATES AIR FORCE—43 tude. Hoff—Conneaut; Hoffman—Wickliffe; Adams—South Euclid; Barnard—Berea; Mr. President, I ask unanimous con- Holzhauer—Maple Heights; Howard— Boros—Strongsville; Boukzam—Strongsville; Mogadore; Hucks—Parma; Husar—Lorain; sent to have printed in the RECORD the Breeds—Lorain; Camera—Cleveland; Cash— Jackson, G.—Akron; Jackson, M.—Lorain; names of the 453 high school seniors. Medina; Conkle—South Euclid; Goodwin— Jamison—Doylestown; Jawaorski—Cleve- Wadsworth; Hazelett—Amherst; Henderson— There being no objection, the mate- land; Jenkins—Euclid; Johnson—Ravenna; rial was ordered to be printed in the Akron; Jedrzejek—Olmsted Falls; Kadow— Johnson-Lisman—Akron; Jones—Maple Avon Lake; Keiter—Wickliffe; Keleman— RECORD as follows: Heights; Kobus—Macedonia; Kostura— Wadsworth; Kieswetter—North Olmsted; UNITED STATES ARMY—86 Brunswick; Kovats—Rome; Krabill—Fair- LaSalvia—Strongsville; Lawrence—Parma Abee—Streetsboro; Acevedo—Ashtabula; view Park. Heights; Manning—Kent; McGhee—Euclid; Ash—Cleveland; Augustine—Berea; Ben- Kruggel—Litchfield; Kulbnik Medina; Miller, A.—Lorain; Moccia—Lakewood; nett—Lorain; Boggan—Cleveland; Bowling— Kuzlik—Berea; Latimer—Akron; Leonard— Moff—Atwater; Neiger—Middleburg Heights; Amherst; Lewis—Akron; Loede—Westlake; Macedonia; Brown, T.—Wellington; Brown, Nelson—Fairview Park; Pallens—Lorain; Lozitsky—Parma; Lyle—Kingsville; Lynch— J.—Lorain; Burley—Cleveland; Carver—Lo- Perala—Seven Hills; Pipper—Parma; Silver Lake; Lynn, C.—Parma; Lynn, M.— rain; Cowles—Ashtabula; Demand—Cuya- Plickert—Painesville; Richards—Medina; Middleburg Heights; Masella—Cleveland; hoga Falls; Depew—Wadsworth; Deschields— Roetzel—Parma; Rumpf—LaGrange; Saari— Mattson—North Olmsted; McKee—Akron; Akron; Diaz—Lorain; Dreslinski—Norton; Strongsville; Serago—Concord; Starks— Mitchell, C.—Stow; Mitchell, A.—Cleveland; Estrella, B.—Cleveland; Estrella, D.—Cleve- South Euclid; Stewart III—Wellington; Mohler—Litchfield; Moore—Cleveland land; Faix—Norton; Fox—Berea; Frappier— Stogioglou—Wellington; Suszynski— Heights; Murray—Valley View; Myers— Medina; Gardner—Medina; Gaspar—Cuya- Chardon; Tagliarini—Brookpark; Tomor— Doylestown; Nunez—Akron; Odorich—Bruns- hoga Falls; Gates—Strongsville; Hagins— Barberton; Topoly—Akron; Touma—Cuya- wick; Orris—Barberton; Orsulic—Kingsville; Akron; Hamilton—Cleveland; Hammond— Pagel—Lakewood; Pappas—Westlake; hoga Falls; Zavodny II—Euclid. Medina; Hill—Brunswick; Hinkle—LaGrange; Percun—Seven Hills; Perdue—West Salem; UNITED STATES COAST GUARD—3 Hubert—Cleveland; Hudak—Clinton; Ivcic— Persinger—Amherst; Pollack—Parma; Linden—Norwalk; Simko—Fairport Har- Maple Heights; Johnston, C.—Medina; John- Porcello—Cleveland; Prince—Mansfield; bor; Werdebaugh—Wellington. son, R.—Madison; Keller—Vermilion; Provoznik—Wellington; Quotson— Klissaroff—North Olmsted; Kogovsek—South OHIO ARMY NATIONAL GUARD—82 Rootstown; Radick—Bay Village; Reese—Eu- Euclid; Kundtz—Avon Lake; Lakes—Parma; Batcha—Northfield; Bloch, Jr.— clid; Reyes—Lorain; Richards—Sheffield Lee—Cleveland; Leutwyler—Concord; Lin- Streetsboro; Caraballo—Columbia Station; Lake; Ritzenhalter—Bay Village. Carter—Cleveland; Champlin—Akron;— den—North Olmsted. Roche—Kent; Rodriguez—Cleveland; Ro- Loomis—Parma; Lutz—Mentor; Macik— land—Westlake; Romanchik—North Cleveland—Cleveland; Clow—Cleveland; Solon; Makinson—Akron; Martinez—Parma Olmsted; Rush—Wellington; Saintz—Brook Davis-Johnson—Cleveland; Derr— Heights; McKissack—Maple Heights; Park; Sandman—Stow; Savel—Wellington; Garrettsville; Distad—Shaker Heights; McMaster—Lakewood; Miller—Lorain; Sayers—Sheffield Lake; Schmitz—Spencer; DoBroka—North Royalton; Dosen— Mitchell, T.—Akron; Mitchell, A.—Lake- Schneider—Perry; Schon—Amherst; Selzer— Broadview Heights; Downey—Akron; Drzik— wood; Morrisey—Lakewood; Murra—North Tallmadge; Shaffer—North Ridgeville; Akron; Dunning—Chardon; Eisenhauer— Ridgeville; Palmer—Grafton; Plant—Akron; Shemo—Brunswick; Sheppard—Stow; Doylestown; Eldred—Avon Lake; Fiscus—La- Polak—Independence; Politi—Macedonia; Sherbert—Elyria; Simon—Cleveland; Grange; Franchino—Streetsboro; Freeman— Prieto—Akron; Racy—Lakewood; Radigan— Skvarek—Jefferson; Smith, G.—Clinton; Cleveland; Galik, Jr.—Norton; Georskey— North Olmsted; Richmond—Cleveland; Ruiz- Smith, M.—Elyria; Smith, K.—Cleveland; Ashtabula; Golnick—Willoughby Hills; Gon- Rodriguez—Parma; Sackett—Streetsboro; Smith, J.—Euclid; Steed—Orwell; Stiver— zalez Sanchez—Kenmore; Grimes—Norton; Sala—Chesterland; Salmons—Medina; Cleveland; Stovicek—Avon Lake; Streitel— Habeck—Wakeman; Haefka—Lorain; Sams—Elyria; Scates—Grafton; Schmidt— Lakewood; Stutler—Clinton; Swain—Akron; Hallisy—Lorain; Hendrickson—Brookpark; Brecksville; Sidlauskas—Mentor; Siglin— Tamburro—Parma Heights; Thompson— Herman—Chesterland; Hill—Brunswick; Elyria; Sirrine—Rock Creek; Smith—Parma; Brunswick; Tijerina—Brunswick; Tomp- Hines—Ashtabula; Jackson—Cleveland; Sneed—Lakewood; Stark—Oberlin; kins—Bedford Heights; Travers—Mentor; Johnson, A.—Cleveland; Johnson, E.—Elyria; Staudenbaur—Chagrin Falls; Stewart— Trommer—Medina; Turolebron—Cleveland; Johnson, G.—Amherst; Jones—Warrensville; Cleveland; Strawderman—Elyria; Surckla— Usner—Munroe Falls; Vargas—Parma; Keown—Mogadore; Kingzett—Independence; Novelty; Sweeney—Seville; Tanner—Cuya- Wanda—Conneaut; Ward—Vermilion; Webb— Knight—Ashtabula; Lee—North Ridgeville. hoga Falls; Tintera—Russell; Titchenell— Cleveland; Werner—North Royalton; White— Loga—Ashtabula; Loraditch—Akron; Brunswick; Watts—Richmond Heights; Mayfield Heights; Williford—Cleveland; Macklin—Bedford; Mansfield—Akron; Mar- Wengerd—Middlefield. Witthuhn—Brunswick; Woolfork—Lorain; tin—Elyria; Mathews—Pierpont; May— UNITED STATES MARINE CORPS—171 Wright—Maple Heights. Akron; Mclaughlin, C.—Strongsville; Acord—North Ridgeville; Adamo—Parma; UNITED STATES NAVY—62 Mclaughlin, L.—Wasdworth; Milbrandt—Ash- tabula; Miller—Ashtabula; Morales—Cleve- Adams—Orwell; Adkins—Lorain; Aiken— Andino, Jr.—Painesville; Au—Conneaut; land; Myers—Akron; Newell—Barberton; Kent; Anderson—Newton Falls; Asad—Bruns- Aviles—Wellington; Azbill—Ashtabula; Nichols—Akron; Norton, Jr.—Cleveland; wick; Ashcraft—Orville; Ashworth—Medina; Barnes—Cleveland; Began—Northfield; Bos- O’Connor—Litchfield; Patterson—Lorain; Askew—Barberton; August—Mayfield well—North Ridgeville; Brenneman—Shef- Pedreschi—Avon; Petrella—North Royalton; Heights; Aussem—Avon Lake; Badalucco— field Lake; Brown—Lorain; Burns—Paines- Barberton; Balas—Strongsville; ville; Clark—Lorain; Cockerham—Parma; Phillips—Medina; Powell—Akron; Pozega— Bannerman—Twinsburg; Battle—Cleveland; Coffey—Geneva; Coleman—Cleveland; Amherst; Raker—Norton; Reid—Elyria; Be—North Olmsted; Beairdrhodesden— Colon—Cleveland; Corey—Perry; Cozart— Reyes—Cleveland; Reynolds—Streetsboro; Akron; Bearden—Parma; Becker— Warrensville Heights; Dailey—Cleveland; Richard—Oberlin; Rohal—Ravenna; Roldan— Austinburg; Bell—Andover; Bercaw— Davis—Euclid; Dean—Strongsville; Dennis— Cleveland; Rosa—Lorain; Ryan—Kent; Chardon; Bluhm—Euclid; Bodjanac—Stow; Cleveland; Eckenrode—North Ridgeville; Schwarz—Akron; Sharp—Euclid; Sweeny— Bodkins—Wellington; Brewster—Cleveland Etheridge—Warrensville Heights; Flowers— Columbia Station; Thomas—Eastlake; Heights; Brown—Orwell; Burkhardt—North North Olmsted; Gibons—Fairview Park; Thomas—Akron; Townsend—Twinsburg; Ridgeville; Buser—Cleveland; Camp—Lorain; Gigliotti—Strongsville; Gunkelman— Wiley—Avon; Williams—Cleveland; Wolters Campbell—Tallmadge; Carlo—Broadview Strongsville; Haavisto—Wickliffe; Hollars— II—Akron. Heights; Carmichael—Westlake; Carpenter— Vermilion. OHIO AIR GUARD—6 Medina; Chan—Rocky River; Clark—Cleve- Hollis—Mentor; Hopkins—Painesville; Berg—Hinckley; Delzoppo—Eastlake; land; Clemens—Cuyahoga Falls; Cooper— Inchaurregui—Lorain; James—Orwell; Jor- Leonard—Akron; Mele—Willowick; Windham; Croyle—Eastlake; Cunningham— dan—South Euclid; Joy—Geneva; Kusar— Shamatta—Strongsville; Tushar—North Can- Akron; Davis—Akron; Demeter—Brunswick; Kirtland; Leggett—Bedford Heights; Lopez— ton. Avon; Mahamett—North Olmsted; Manley— Diocco—LaGrange. f Durham—Cleveland; Easley—Ravenna; Ed- Cleveland; Martin—Lyndhurst; Mcready— monds—Mayfield Heights; Emerman— Lakewood; Miller—Geneva; Nichols—Geneva; ADDITIONAL STATEMENTS Painesville; England—Olmsted Falls; Noble—Elyria; Oleson—Strongsville; Parkin- Evans—Cleveland; Faciana—Northfield; son—North Olmsted; Randle—Maple Heights; Fafrak—Cleveland; Fiala—Olmsted Falls; Reilly—Bay Village; Reisinger—Wellington; TRIBUTE TO BILL LITTON Foltyn—Akron; Frank—Fairview Park; Gar- Roby—Elyria; Schumaker—Wellington; ∑ Mr. COCHRAN. Mr. President, on cia—Cleveland; Gatson—Cleveland; Gomez— Simpkins—Maple Heights; Smith—Mayfield Eastlake; Gordon—Cuyahoga Falls; Guer- Heights; Snowden—Cleveland; Solomon— May 17, 2013, Mr. Bill Litton of Green- rero—Cleveland; Guzman—Lyndhurst; Strongsville; Stocker—Geneva; Wagner—Or- wood, MS, will conclude his term as Gyurgyik—Shaker Heights; Hall, A.—Cleve- well; Warner—North Ridgeville; Weed—Avon the 78th president of the Delta Council. land; Hall, R.—Geneva; Hamper—Jefferson; Lake; Weidrick—Wellington; Wilms—Elyria. I am pleased to commend him for his

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.035 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3088 CONGRESSIONAL RECORD — SENATE May 6, 2013 service and contributions to the delta supported youth and education pro- porting a group of South Vietnamese region and the State of Mississippi. grams, the arts and environmental con- out of Hue to the refuge center at Phu Organized in 1935, Delta Council servation efforts. She was also instru- Bai. It was for their time in Hue that plays an important role in uniting the mental in raising money for the con- the M-C-B 21 received the Presidential agricultural, business, and economic struction of an animal shelter and dog Unit Citation. Bill also earned his development leadership to solve prob- park. In addition, Sylvia has served in Combat Action Ribbon. lems and promote opportunities in the leadership roles for several local and Bill’s deployment ended after 9 Mississippi Delta region, which in- national organizations that include the months, and his unit returned to Gulf- cludes eighteen counties in northwest Idaho State University Foundation, port, MS before going back to Vietnam, Mississippi. Holy Rosary School, Women Impacting this time to Camp Eagle in the Gia Lai Mr. Litton has put in a strong per- Public Policy, Green Kids Inc., Grow Province. During his 8 months at Camp formance as Delta Council president. Idaho Falls, Idaho Falls Symphony, the Eagle, Bill worked on various construc- His tenure as council president con- Snake River Animal Shelter, LLC and tion and electrical projects, both cludes as we are crafting a new, long- the Institute for Economic Empower- around the camp and in Hue. He also term Farm Bill, which will establish ment of Women. worked with the American-Vietnamese Federal policies for American agri- Sylvia’s strong leadership and dedi- Civic Action Program to help construct culture and other important areas in- cation have been recognized through engineering projects in the region. cluding conservation, agricultural re- awards and her selection to assist with After his two tours in Vietnam, Bill search, and nutrition. Given this bill’s important initiatives. For example, she transferred to Naval Reserve Construc- importance to the delta’s economy, I was appointed by Governor Butch tion Battalion 19 for 4 years before re- have appreciated Mr. Litton’s advice Otter to the Leadership in Nuclear En- turning to active duty. and counsel related to serving the in- ergy Commission. Among her numer- Back with the Seabees, Bill was as- terests of our State. His input over the ous honors, the U.S. Small Business signed to Italy and New Zealand before spending a year in Antarctica as part past year will contribute to the overall Administration recognized Sylvia as a of Operation Deep Freeze. He was then success of this endeavor. Small Business Person of the Year in assigned to Harold E. Holt station in In addition to his role as President of 2008. In 2009, she received the Latina Australia where he married his wife, Delta Council, Mr. Litton is the Presi- Women Entrepreneur of the Year dent of Wade Incorporated in Green- Debby, a Helena native. Award from the Anna Maria Aras Me- From Australia, Bill went to Winter wood, MS, which serves as the John morial Business Fund and a Torch Harbor, ME and then to M-C-B 74 in Deere equipment dealership in many Award from the Better Business Bu- Gulfport. He deployed from Gulfport to counties in the delta. He is also direc- reau. Japan and Puerto Rico. From battalion tor of the Bank of Commerce. Some of Sylvia leads by example and dem- he went to Manama, Bahrain in the his previous leadership positions in- onstrates a constant commitment to Persian Gulf as a contract inspector. clude Chairman of the Greenwood Util- integrity and bettering the commu- From Bahrain, Bill went to the Naval ity Commission and President of Delta nity. It has been great to work with Headquarters in London, England for 4 Wildlife. He has been a recipient of the Sylvia. Sylvia, your expertise and in- years where his daughter Mariah was Silver Beaver Award from the Boy sight on small business issues have born. Scouts of America. been valuable and greatly appreciated, Bill’s last assignment was part of a Born in New Hampshire, Mr. Litton and we look forward to continuing to five-man active duty staff for Reserve moved to Greenwood, MS and earned work with you on future joint efforts. Construction Battalion 13 at Camp his bachelor’s degree from the Univer- We hope that your retirement from Smith, Peekskill, NY. Before he re- sity of Mississippi. As a Mississippian, North Wind provides you deserved time tired, Bill received both the New York Mr. Litton has demonstrated leader- with your family, including your hus- State Conspicuous Service Cross and ship and dedication to improving the band and three children, and your the Long and Faithful Service Medal. quality of life in the delta and the en- many friends. Thank you, Sylvia, for Upon his retirement, he received tire State. I commend Bill Litton for your hard work and exemplary serv- both the Navy and Army Achievement his service to Mississippi, and share ice.∑ Medals. Bill retired with the rank of E– this appreciation with his wife Ann, f 6 Construction Electrician First Class. and their three children Gerard, Pow- Bill transferred to Fleet Reserve and TRIBUTE TO WILLIAM LEE RICH ell, and Wade.∑ retired after a 30-year naval career. f ∑ Mr. TESTER. Mr. President, today I Petty Officer Bill Rich moved to Hel- wish to honor William Lee Rich, a ca- ena to start his new life with his wife TRIBUTE TO SYLVIA MEDINA reer Navy man. Bill, on behalf of all and daughter. He currently works for ∑ Mr. CRAPO. Mr. President, my col- Montanans and all Americans, I stand the State of Montana Department of league Senator JIM RISCH joins me to say ‘‘thank you’’ for your service to Military Affairs here at Fort Harrison today in recognizing the significant ac- this Nation. as an electrician. complishments of Sylvia Medina, who It is my honor to share the story of After his service, Bill never received is retiring as president & chief execu- Bill Rich’s service in the U.S. Navy, be- all of the medals he earned from the tive officer of North Wind, Inc. cause no story of heroism should ever Navy. Sylvia is influential locally, region- fall through the cracks. Earlier this month, in the presence of ally, nationally and internationally. Bill was born in Jamestown, NY in his friends and family, it was my honor She founded North Wind, 1947. After moving around the country to finally present to Bill his Vietnam headquartered in Idaho Falls, which with his family, he graduated from Campaign Medal with 1960 Device, provides engineering, construction and Spring Valley High School in New Navy Expert Rifle Medal with Three environmental services to Federal and York and enlisted with the U.S. Navy Bronze Stars, Navy Expert Pistol State agencies and private industry. in Poughkeepsie in 1966. Medal, Humanitarian Service Medal, Through her hard work and innovation, Bill trained with the Seabees in and his Navy & Marine Corps Overseas she grew North Wind into a leading Davisville, RI before transferring to Service Ribbon with One Silver and business employing more than 300 sci- Mobile Construction Battalion 21 at Four Bronze Stars. entific, engineering, construction and Seabee Headquarters in Gulfport, MS. It was also my honor to present the professional personnel in 21 offices From there he was deployed to Phu Bai Antarctica Service Medal with Bronze throughout the country. In 2009, Sylvia with M-C-B 21, just south of Hue City Clasp, the Vietnam Service Medal with sold North Wind to Cook Inlet Re- in Vietnam. While in Vietnam, Bill’s One Silver and Two Bronze Stars, the gional, Inc., CIRI, but remained on as unit was responsible for transporting Navy Good Conduct Medal with Four president and chief executive officer. South Vietnamese refugees out of Hue. Bronze Stars, the Naval Reserve Meri- Sylvia steps in to address community In February 1968, his unit saw heavy torious Service Medal, and the Na- needs, and she has a strong commit- action during the Tet Counter Offen- tional Defense Service Medal with One ment to community service. She has sive. They were responsible for trans- Bronze Star.

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.017 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3089 Earlier this month I also presented bon dioxide. This means less acid rain- In the 1990s Earl was a driving force to Bill: the Combat Action Ribbon, causing sulfur dioxide and nitrous in helping to bring the Winter Olympic Presidential Unit Citation, Navy Unit oxide going into the air. Games to Salt Lake City. His willing- Commendation Ribbon with one Bronze This innovation and activism marks ness to build world-class facilities to Star, and the Meritorious Unit Com- tremendous progress toward a more help stage the games cannot be over- mendation with One Bronze Star sustainable environment. looked as one of the key factors in the These decorations are small tokens, If we fail to protect our natural re- utmost success of the 2002 Winter but they are powerful symbols of true sources, we risk the health of citizens, Olympics. His contributions will never heroism. Sacrifice. And dedication to the viability of our coastal areas, and be forgotten. service. the productivity of our State’s farms, Earl and Carol loved the land and en- These medals are presented on behalf forests, and fisheries. We risk our long- joyed spending time at their ranches or of a grateful nation.∑ term economic and national security. property throughout the West. He f Yet we know that choosing between loved to hike, bike, fish, or just enjoy economic growth and environmental nature in our wonderful part of the EARTH DAY protections is a false choice. world. He had a great reverence for the ∑ Mr. BROWN. Mr. President, on April Despite our population growing by 50 beauty of our country and always 22, 1970—after years of planning—Earth percent in the past 40 years and the sought to build edifices that paid trib- Day activities stretched from college number of cars on the road having dou- ute to that splendor. campuses, to city parks, to community bled over that same time, our air is Utah and our Nation lost a truly halls across the country. now 60 percent cleaner than at the great business leader and giant of a The landscape has changed since stu- time of the first Earth Day in 1970. man when Earl left this earthly exist- dents, activists, and environmentalists Done right, our Nation can become ence. I know that many people will celebrated the first Earth Day. That energy independent, improve its global truly miss his strength, leadership, and citizen call to action spurred a new competitiveness, and create new jobs commitment to excellence. I will miss season of environmental protections and technologies for our workforce. As all of those things, but I will also miss that have improved the health of our we plant the seeds for economic a cherished friend. I am grateful for the Nation’s air, lands, rivers, and the growth—for new jobs in new indus- relationship Earl and I have enjoyed Great Lakes. tries—we are also planting the seeds for many years and the support and Just several decades ago, polluted air for a cleaner, more sustainable envi- wisdom he always shared. and water threatened the public health ronment. Elaine and I convey our deepest sym- and safety of our Nation. The Cuya- The students and parents of the Or- pathies to Carol and their family. May hoga River in Cleveland had caught on egon City School District are a re- our Heavenly Father bless them with fire and oil spills marred the beaches of minder that taking steps to protect our peace and comfort at this time. The Santa Barbara. air and water is something that we do contributions and impact Earl made on These catastrophic events served as every day, not just on April 22. his family, his community, Utah and catalysts that established the Environ- Earth Day reminds us of our ability our Nation will be felt and appreciated mental Protection Agency, EPA, and our history of innovation and per- for generations to come.∑ passed the Clean Air and Clean Water severance to protect our environment f Acts, and formed a public and political for current and future generations.∑ RECOGNIZING EXCEPTIONAL consciousness of the need to safeguard f our environment. NEVADA MOTHERS Today, the Cuyahoga River—44 years TRIBUTE TO EARL HOLDING ∑ Mr. HELLER. Mr. President, today I after the fire—is cleaner and healthier, ∑ Mr. HATCH. Mr. President, today I wish to congratulate Mrs. Zan Peter- more than 60 different fish species are wish to pay special tribute to a man I son Hyer, who has been recognized as thriving, and countless families are have admired for many years, Earl the 2013 Nevada Mother of the Year, again enjoying its natural beauty. Holding. Sadly, Earl passed away April and Mrs. Montsdarrat Wadsworth for Today, Earth Day is celebrated 19, 2013 leaving behind a lasting legacy being named the 2013 Nevada Young around the world. that garnered the respect of many Mother of the Year. These two out- Now communities across Ohio and throughout our State and Nation. standing mothers have been honored the Nation are spurring on the next Earl was a Utah icon—a businessman for their commitment to strengthening generation of environmental innova- who reached the highest echelons of the moral and spiritual foundations of tion. the business world—yet spent time to the family and home. Seeds planted in places such as Or- help people from all walks of life, and These exceptional Nevada mothers egon, OH—a city just east of Toledo in in many pursuits and interests. His have received this designation from the northwest Ohio—are beginning to work ethic is legendary. From a young American Mothers, Inc. of Nevada, a grow. age, Earl put in long days at whatever nonprofit interfaith organization dedi- To reduce energy costs, the Oregon business he pursued, and he was truly cated to honoring motherhood while of- City School District partnered with the an example of someone who wasn’t fering support to mothers in the State Toledo-Lucas County Port Authority afraid to roll up his sleeves and get his of Nevada. American Mothers, Inc. is to transition away from traditional hands dirty—right along with his em- the official sponsor of Mother’s Day electricity to wind and solar power. Or- ployees. and the Mother of the Year. egon City Schools set up wind turbines In 1949 Earl married his life’s partner As a mother of five children and four at Clay High School and Eisenhower and eternal sweetheart, Carol Orme. grandchildren, Mrs. Hyer has dem- Middle School. They installed solar Their marriage was a testament to onstrated the great responsibility of panels on the roofs of Jerusalem and their partnership as companions—at motherhood and dedication to living Starr Elementary Schools. And these work and at home. Carol was almost and teaching her children outstanding innovative investments have paid off. always found at the side of Earl work- qualities, such as love, understanding, In just 10 days in October, Clay Cam- ing the land, running hotels, and rais- courage, service, and compassion. As a pus’s wind turbine, Power Wind 56, pro- ing children. They are the proud par- recipient of this award, Mrs. Hyer will duced 149 percent of campus energy ents of three children and twelve help deliver this message about moth- needs. All computers, all lights, all grandchildren whom they deeply love. erhood to community organizations in kitchen activity, and fans on Clay Earl’s strength as a business leader Southern Nevada and throughout the Campus are now wind-powered. This in- has been witnessed by many employees State. I wish her all the best in her fu- cludes the administration building, bus he tutored and led in many successful ture endeavors and congratulate her on garage, and maintenance building at and important companies including the this well-deserved award. the stadium. Besides saving on energy Little America and Grand America ho- Mrs. Wadsworth is also a devoted and costs, as of March 21, the school dis- tels, the Snowbasin Ski Resort, and honorable mother. She and her hus- trict is producing 800 fewer tons of car- Sinclair Oil. band are raising 10 children in

VerDate Mar 15 2010 02:02 May 07, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.014 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3090 CONGRESSIONAL RECORD — SENATE May 6, 2013 Winnemucca, NV. They live and work a cognitive disease center in Las MESSAGES FROM THE PRESIDENT on an alfalfa hay farm, and Mrs. Wads- Vegas. His efforts and generosity Messages from the President of the worth homeschools all 10 of their chil- helped in the creation of the Cleveland United States were communicated to dren. Clinic Lou Ruvo Center for Brain the Senate by Mr. Pate, one of his sec- I ask my colleagues to join me today Health located in Las Vegas. Larry retaries. in congratulating these two out- Ruvo’s efforts to give back to his local f standing Nevada Mothers. It is my community are admirable and inspir- hope that they will stand as examples ing. EXECUTIVE MESSAGES REFERRED of the important work that mothers do I ask my colleagues to join me in As in executive session the Presiding in strengthening our communities.∑ congratulating Larry Ruvo for receiv- Officer laid before the Senate messages f ing this distinguished honor, and it is from the President of the United my hope that he will serve as an exam- States submitting sundry nominations TRIBUTE TO CHIEF WARRANT OF- and a withdrawal which were referred FICER 5 BERNARD SATTERFIELD ple of what great things a person can accomplish when they work with dedi- to the appropriate committees. ∑ Ms. AYOTTE. Mr. President, I rise cation, purpose, and perseverance.∑ (The messages received today are today to recognize the accomplish- printed at the end of the Senate pro- ments of CW5 Bernard Satterfield. On ceedings.) f July 1, 2013, Chief Warrant Officer 5 f Satterfield will retire after 40 years of TRIBUTE TO LAUREL P. SAYER MESSAGES FROM THE HOUSE distinguished service to the U.S. Army. RECEIVED DURING ADJOURNMENT With his decades of service and dedica- ∑ Mr. CRAPO. Mr. President, I rise Under the authority of the order of tion to our country, Chief Warrant Of- today to recognize the achievements of the Senate of January 3, 2013, the Sec- ficer 5 Satterfield has earned our deep- Laurel Sayer, who is retiring from con- retary of the Senate, on April 30, 2013, est gratitude and respect. gressional service. In September 1973, Chief Warrant Of- during the adjournment of the Senate, For the past 14 years, Laurel has received a message from the House of ficer 5 Satterfield entered active duty served as the Natural Resources and service after completing basic combat Representatives announcing that pur- Idaho National Laboratory policy ad- suant to section 13101 of the HITECH training at Fort Jackson, SC. In 1984, viser for my fellow Idaho congressional he was appointed to the Warrant Offi- Act (Public Law 111–5), and the order of delegation colleague, Representative the House of January 3, 2013, the cer Corps. In 2010, he became the regi- MIKE SIMPSON. Throughout her career, Speaker appoints the following indi- mental chief officer—the highest rank- Laurel has served as a trusted advisor vidual on the part of the House of Rep- ing warrant officer—of the U.S. Army’s and resource to many. She has worked resentatives to the HIT Policy Com- Ordnance Corps. Chief Satterfield hard to develop partnerships and advo- mittee: Mrs. Gayle Harrell of Stuart, served in multiple overseas tours and cate for the interests of Idahoans. Florida. deployments to Germany, Panama, Prior to working for Representative Under the authority of the order of South Korea, Kuwait, Iraq, Saudi Ara- SIMPSON, Laurel served as an integral the Senate of April 25, 2013, the Sec- bia, and numerous locations across the member of my staff for 6 years when I retary of the Senate, on April 30, 2013, United States. His service earned him served in the U.S. House of Representa- during the adjournment of the Senate, numerous military awards and decora- tives. Among her responsibilities, she received a message from the House of tions, including the Legion of Merit enhanced outreach efforts and provided Representatives announcing that the and the Bronze Star, for his faithful valuable input on natural resources House had passed the following bill, in service and contribution to the Army’s issues. Laurel joined my House staff which it requests the concurrence of mission. with a wealth of community experi- the Senate: In retirement, I am confident that ence, which quickly translated into a H.R. 1765. An act to provide the Secretary Chief Satterfield will continue to serve great base for advocating for Idahoans of Transportation with the flexibility to our Nation. On behalf of the Senate transfer certain funds to prevent reduced op- in eastern Idaho. The years that she Armed Services Committee and the erations and staffing of the Federal Aviation spent doing volunteer efforts in the U.S. Senate, I am proud to thank Chief Administration, and for other purposes. community paid off for Idahoans as she Satterfield, his wife Deirdre, and their The message also announced that the transitioned into one of the most effec- son Steven, for four decades of honor- Clerk of the House be directed to re- tive congressional staffers in the State. able service to our Nation. I wish him turn to the Senate the bill (S. 853) to and his family the very best in retire- She has been very involved through- provide the Secretary of Transpor- ment.∑ out eastern Idaho and developed valu- tation with the flexibility to transfer able relationships with local, State, re- certain funds to prevent reduced oper- f gional, and Federal Government agen- ations and staffing of the Federal Avia- TRIBUTE TO LARRY RUVO cies and numerous organizations and tion Administration, and for other pur- ∑ Mr. HELLER. Mr. President, today I individuals. For example, she has poses, in compliance with a request of wish to congratulate Larry Ruvo, a Ne- served in leadership roles for the Yel- the Senate for the return thereof. vada businessman and philanthropist, lowstone Business Partnership, the f Idaho Commission on the Arts, the for receiving the Horatio Alger Award. ENROLLED BILL SIGNED This award is reserved for outstanding Idaho Falls Arts Council, the Idaho Americans who exemplify dedication, Community Foundation, and the Edu- The message further announced that purpose, and perseverance in their per- cation Foundation. Laurel has contrib- the Speaker had signed the following sonal lives. Recipients of this award uted significantly to the arts in Idaho, enrolled bill: traditionally have started life in hum- including promoting related projects, H.R. 1765. An act to provide the Secretary arts councils, and arts groups. of Transportation with the flexibility to ble circumstances and have worked transfer certain funds to prevent reduced op- with great diligence to achieve success. Laurel has served the community, erations and staffing of the Federal Aviation Larry Ruvo is one of only 11 recipients State, and Nation with distinction, and Administration, and for other purposes. of this year’s award and exemplifies I thank her for her hard work on behalf Under authority of the order of the the dedication that has helped make of Idahoans. I have enjoyed my years of Senate of January 3, 2013, the enrolled the State of Nevada great. friendship with Laurel and appreciated bill was signed on April 30, 2013, during Mr. Ruvo was born and raised in Las her kind demeanor, hard work, and tre- the adjournment of the Senate, by the Vegas and graduated from Las Vegas mendous will. Laurel, you have much President pro tempore (Mr. LEAHY). High School. He has had a successful to be proud of for your many years of f career as a local businessman and dedication and committed service. I founder of Southern Wine and Spirits congratulate you on your retirement, MESSAGE FROM THE HOUSE of Nevada. In memory of his father, Mr. wish you all the best, and thank you At 2:03 p.m., a message from the Ruvo has worked tirelessly to establish for all you have done for Idahoans.∑ House of Representatives, delivered by

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06MY6.009 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3091 Mr. Novtony, one of its reading clerks, additional religious exemption from the indi- ADDITIONAL COSPONSORS announced that the House has passed vidual health coverage mandate; to the Com- mittee on Finance. S. 85 the following bill, in which it requests At the request of Mr. COONS, the the concurrence of the Senate: By Mr. BLUMENTHAL (for himself and Mr. BEGICH): name of the Senator from Massachu- H.R. 527. An act to amend the Helium Act S. 863. A bill to amend title 38, United setts (Ms. WARREN) was added as a co- to complete the privatization of the Federal States Code, to repeal time limitations on sponsor of S. 85, a bill to provide incen- helium reserve in a competitive market fash- the eligibility for use of educational assist- ion that ensures stability in the helium mar- tives for States to invest in practices ance under All-Volunteer Force Educational kets while protecting the interests of Amer- and technology that are designed to ex- Assistance Program, to improve veterans ican taxpayers, and for other purposes. pedite voting at the polls and to sim- education outreach, and for other purposes; plify voter registration. f to the Committee on Veterans’ Affairs. S. 138 MEASURES REFERRED By Mr. WICKER (for himself, Ms. HEITKAMP, Mr. COCHRAN, Mr. UDALL At the request of Mr. VITTER, the The following bill was read the first of New Mexico, Mr. CRAPO, Ms. KLO- name of the Senator from Iowa (Mr. and the second times by unanimous BUCHAR, Mr. RISCH, Mr. JOHNSON of GRASSLEY) was added as a cosponsor of consent, and referred as indicated: South Dakota, Mr. MORAN, Ms. LAN- S. 138, a bill to prohibit discrimination H.R. 527. An act to amend the Helium Act DRIEU, Mr. BOOZMAN, Mr. TESTER, Mr. against the unborn on the basis of sex to complete the privatization of the Federal INHOFE, Ms. HIRONO, Mr. BAUCUS, and or gender, and for other purposes. helium reserve in a competitive market fash- Mr. VITTER): S. 232 ion that ensures stability in the helium mar- S. 864. A bill to amend the Safe Drinking kets while protecting the interests of Amer- Water Act to reauthorize technical assist- At the request of Mr. HATCH, the ican taxpayers, and for other purposes; to ance to small public water systems, and for names of the Senator from Nevada (Mr. the Committee on Energy and Natural Re- other purposes; to the Committee on Envi- HELLER) and the Senator from Ken- sources. ronment and Public Works. tucky (Mr. PAUL) were added as co- By Mr. WHITEHOUSE (for himself, Mr. f sponsors of S. 232, a bill to amend the HELLER, Mr. WARNER, Mr. GRASSLEY, Internal Revenue Code of 1986 to repeal INTRODUCTION OF BILLS AND ROWN EED EGICH Mr. B , Mr. R , Mr. B , the excise tax on medical devices. JOINT RESOLUTIONS Mr. CASEY, and Mr. FRANKEN): S. 278 S. 865. A bill to provide for the establish- The following bills and joint resolu- At the request of Mr. WHITEHOUSE, tions were introduced, read the first ment of a Commission to Accelerate the End of Breast Cancer; to the Committee on the name of the Senator from Massa- and second times by unanimous con- Health, Education, Labor, and Pensions. chusetts (Ms. WARREN) was added as a sent, and referred as indicated: By Mr. SCHUMER: cosponsor of S. 278, a bill to replace the By Mr. MENENDEZ: S. 866. A bill to make improvements to the Budget Control Act sequester for fiscal S. 856. A bill to foster stability in Syria, transitional program covered business meth- year 2013 by eliminating tax loopholes. and for other purposes; to the Committee on od patents, and for other purposes; to the S. 345 Foreign Relations. Committee on the Judiciary. By Mr. DURBIN (for himself, Mr. By Mr. PRYOR (for himself, Mr. At the request of Mrs. SHAHEEN, the LEAHY, Mr. WHITEHOUSE, Mr. SAND- MORAN, Mr. WICKER, and Mr. BOOZ- name of the Senator from Wisconsin ERS, Mrs. MURRAY, Mr. COONS, Mrs. MAN): (Mr. JOHNSON) was added as a cosponsor GILLIBRAND, Mr. LAUTENBERG, and S. 867. A bill to amend title XVIII of the of S. 345, a bill to reform the Federal Mr. BLUMENTHAL): Social Security Act to provide for pharmacy sugar program, and for other purposes. S. 857. A bill to amend the Family and benefits manager standards under the Medi- S. 375 Medical Leave Act of 1993 to permit leave to care prescription drug program, to establish care for a same-sex spouse, domestic partner, At the request of Mr. TESTER, the basic audit standards of pharmacies, to fur- name of the Senator from South Da- parent-in-law, adult child, sibling, grand- ther transparency of payment methodology child, or grandparent who has a serious to pharmacies, and to provide for kota (Mr. JOHNSON) was added as a co- health condition; to the Committee on recoupment returns to Medicare; to the Com- sponsor of S. 375, a bill to require Sen- Health, Education, Labor, and Pensions. mittee on Finance. ate candidates to file designations, By Mr. SANDERS (for himself and Mr. statements, and reports in electronic LEAHY): S. 858. A bill to provide for an earlier start f form. for State health care coverage innovation S. 381 waivers under the Patient Protection and Af- SUBMISSION OF CONCURRENT AND At the request of Mr. BROWN, the fordable Care Act, and for other purposes; to SENATE RESOLUTIONS name of the Senator from Connecticut the Committee on Finance. (Mr. BLUMENTHAL) was added as a co- By Mr. BENNET: The following concurrent resolutions sponsor of S. 381, a bill to award a Con- S. 859. A bill to amend the Farm Security and Senate resolutions were read, and gressional Gold Medal to the World and Rural Investment Act of 2002 to provide referred (or acted upon), as indicated: for the conducts of activities to detect, and War II members of the ‘‘Doolittle respond in a timely manner to, threats to By Mr. HARKIN (for himself, Mrs. Tokyo Raiders’’, for outstanding her- animal health; to the Committee on Agri- MURRAY, and Mrs. GILLIBRAND): oism, valor, skill, and service to the culture, Nutrition, and Forestry. S. Res. 128. A resolution expressing the United States in conducting the bomb- By Mr. FRANKEN (for himself, Mr. sense of the Senate that supporting seniors ings of Tokyo. HARKIN, Mr. BROWN, Mr. DURBIN, Ms. and individuals with disabilities is an impor- S. 423 CANTWELL, Mr. JOHNSON of South Da- tant responsibility of the United States, and At the request of Mr. MENENDEZ, the kota, Mr. COWAN, Ms. HIRONO, Ms. that a comprehensive approach to expanding BALDWIN, and Mr. SCHATZ): and supporting a strong home care workforce names of the Senator from Minnesota S. 860. A bill to amend the Farm Security and making long-term services and supports (Ms. KLOBUCHAR) and the Senator from and Rural Investment Act of 2002 to improve affordable and accessible in communities is Minnesota (Mr. FRANKEN) were added energy programs; to the Committee on Agri- necessary to uphold the right of seniors and as cosponsors of S. 423, a bill to amend culture, Nutrition, and Forestry. individuals with disabilities in the United title V of the Social Security Act to By Mr. MCCONNELL (for himself and States to a dignified quality of life; to the Committee on Health, Education, Labor, and extend funding for family-to-family Mr. PAUL): health information centers to help S. 861. A bill to amend the Federal Water Pensions. Pollution Control Act to provide guidance By Ms. HIRONO (for herself, Mr. HELL- families of children with disabilities or and clarification regarding issuing new and ER, Mrs. BOXER, Mrs. MURRAY, Mr. special health care needs make in- renewal permits, and for other purposes; to WARNER, Mr. SCHATZ, Mr. BEGICH, formed choices about health care for the Committee on Environment and Public and Mr. CARDIN): their children. Works. S. Res. 129. A resolution recognizing the S. 460 By Ms. AYOTTE (for herself, Mr. significance of May 2013 as Asian/Pacific At the request of Mr. HARKIN, the SCHATZ, Mr. ALEXANDER, Mr. BLUNT, American Heritage Month as an important name of the Senator from Alaska (Mr. Ms. HIRONO, Mr. KING, Mr. MORAN, time to celebrate the significant contribu- and Mr. PAUL): tions of Asian Americans and Pacific Island- BEGICH) was added as a cosponsor of S. S. 862. A bill to amend section 5000A of the ers to the history of the United States; to 460, a bill to provide for an increase in Internal Revenue Code of 1986 to provide an the Committee on the Judiciary. the Federal minimum wage.

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.014 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3092 CONGRESSIONAL RECORD — SENATE May 6, 2013 S. 462 RISCH) was added as a cosponsor of S. (Mr. LEAHY) was added as a cosponsor At the request of Mrs. BOXER, the 654, a bill to amend the Internal Rev- of S. 742, a bill to amend the Internal names of the Senator from Utah (Mr. enue Code of 1986 to provide for colle- Revenue Code of 1986 and the Small HATCH) and the Senator from Alaska giate housing and infrastructure Business Act to expand the availability (Ms. MURKOWSKI) were added as cospon- grants. of employee stock ownership plans in S sors of S. 462, a bill to enhance the S. 679 corporations, and for other purposes. strategic partnership between the At the request of Mr. BROWN, the S. 754 United States and Israel. names of the Senator from Massachu- At the request of Mrs. GILLIBRAND, S. 496 setts (Ms. WARREN) and the Senator the name of the Senator from New Jer- At the request of Mr. PRYOR, the from Maine (Mr. KING) were added as sey (Mr. LAUTENBERG) was added as a name of the Senator from Georgia (Mr. cosponsors of S. 679, a bill to promote cosponsor of S. 754, a bill to amend the CHAMBLISS) was added as a cosponsor of local and regional farm and food sys- Specialty Crops Competitiveness Act of S. 496, a bill to direct the Adminis- tems, and for other purposes. 2004 to include farmed shellfish as spe- trator of the Environmental Protection S. 689 cialty crops. At the request of Mr. HARKIN, the Agency to change the Spill Prevention, S. 759 Control, and Countermeasure rule with names of the Senator from New Hamp- At the request of Mr. CASEY, the respect to certain farms. shire (Ms. AYOTTE) and the Senator names of the Senator from South Da- S. 539 from Minnesota (Ms. KLOBUCHAR) were kota (Mr. JOHNSON) and the Senator At the request of Mrs. SHAHEEN, the added as cosponsors of S. 689, a bill to reauthorize and improve programs re- from Minnesota (Ms. KLOBUCHAR) were name of the Senator from California added as cosponsors of S. 759, a bill to (Mrs. BOXER) was added as a cosponsor lated to mental health and substance use disorders. amend the Internal Revenue Code of of S. 539, a bill to amend the Public 1986 to allow a credit against income S. 690 Health Service Act to foster more ef- tax for amounts paid by a spouse of a At the request of Mr. SCHATZ, the fective implementation and coordina- member of the Armed Forces for a new tion of clinical care for people with name of the Senator from Alaska (Ms. MURKOWSKI) was added as a cosponsor State license or certification required pre-diabetes and diabetes. by reason of a permanent change in the S. 541 of S. 690, a bill to amend title 38, United States Code, to deem certain duty station of such member to an- At the request of Ms. LANDRIEU, the other State. names of the Senator from Massachu- service in the organized military forces S. 769 setts (Ms. WARREN) and the Senator of the Government of the Common- wealth of the Philippines and the Phil- At the request of Mr. DURBIN, the from New York (Mr. SCHUMER) were name of the Senator from New Jersey added as cosponsors of S. 541, a bill to ippine Scouts to have been active serv- (Mr. MENENDEZ) was added as a cospon- prevent human health threats posed by ice for purposes of benefits under pro- sor of S. 769, a bill to designate as wil- the consumption of equines raised in grams administered by the Secretary derness certain Federal portions of the the United States. of Veterans Affairs. S. 692 red rock canyons of the Colorado Pla- S. 617 At the request of Mr. RUBIO, the teau and the Great Basin Deserts in the At the request of Mr. CASEY, the name of the Senator from Alabama State of Utah for the benefit of present names of the Senator from California (Mr. SESSIONS) was added as a cospon- and future generations of people in the (Mrs. BOXER), the Senator from New sor of S. 692, a bill to rescind certain United States. Hampshire (Mrs. SHAHEEN) and the Federal funds identified by States as S. 777 Senator from Michigan (Mr. LEVIN) unwanted and use the funds to reduce were added as cosponsors of S. 617, a At the request of Mrs. GILLIBRAND, the Federal debt. bill to provide humanitarian assistance the name of the Senator from Maine S. 700 and support a democratic transition in (Mr. KING) was added as a cosponsor of At the request of Mr. KAINE, the Syria, and for other purposes. S. 777, a bill to restore the previous names of the Senator from Alaska (Ms. policy regarding restrictions on use of S. 623 MURKOWSKI) and the Senator from Or- Department of Defense medical facili- At the request of Mr. CARDIN, the egon (Mr. WYDEN) were added as co- name of the Senator from Maine (Ms. ties. sponsors of S. 700, a bill to ensure that S. 789 COLLINS) was added as a cosponsor of S. the education and training provided At the request of Mr. BAUCUS, the 623, a bill to amend title XVIII of the members of the Armed Forces and vet- names of the Senator from Alaska (Mr. Social Security Act to ensure the con- erans better assists members and vet- BEGICH), the Senator from Connecticut tinued access of Medicare beneficiaries erans in obtaining civilian certifi- (Mr. BLUMENTHAL), the Senator from to diagnostic imaging services. cations and licenses, and for other pur- North Carolina (Mrs. HAGAN), the Sen- S. 629 poses. At the request of Mr. PRYOR, the ator from Washington (Mrs. MURRAY) S. 709 and the Senator from Vermont (Mr. names of the Senator from Hawaii (Ms. At the request of Ms. STABENOW, the SANDERS) were added as cosponsors of HIRONO) and the Senator from Idaho names of the Senator from California S. 789, a bill to grant the Congressional (Mr. CRAPO) were added as cosponsors (Mrs. BOXER) and the Senator from Gold Medal, collectively, to the First of S. 629, a bill to amend title 38, Delaware (Mr. COONS) were added as co- Special Service Force, in recognition of United States Code, to recognize the sponsors of S. 709, a bill to amend title its superior service during World War service in the reserve components of XVIII of the Social Security Act to in- II. the Armed Forces of certain persons by crease diagnosis of Alzheimer’s disease honoring them with status as veterans and related dementias, leading to bet- S. 792 under law, and for other purposes. ter care and outcomes for Americans At the request of Mr. SCHUMER, his S. 653 living with Alzheimer’s disease and re- name was added as a cosponsor of S. At the request of Mr. BLUNT, the lated dementias. 792, a bill to strengthen the enforce- names of the Senator from Arkansas S. 724 ment of background checks with re- (Mr. BOOZMAN) and the Senator from At the request of Mr. BLUNT, the spect to the use of explosive materials. Michigan (Ms. STABENOW) were added name of the Senator from Iowa (Mr. At the request of Mr. WHITEHOUSE, as cosponsors of S. 653, a bill to provide GRASSLEY) was added as a cosponsor of his name was added as a cosponsor of for the establishment of the Special S. 724, a bill to provide flexibility to S. 792, supra. Envoy to Promote Religious Freedom agencies on determining what employ- S. 810 of Religious Minorities in the Near ees are essential personnel in imple- At the request of Mr. DONNELLY, the East and South Central Asia. menting the sequester. name of the Senator from Hawaii (Mr. S. 654 S. 742 SCHATZ) was added as a cosponsor of S. At the request of Ms. LANDRIEU, the At the request of Mr. CARDIN, the 810, a bill to require a pilot program on name of the Senator from Idaho (Mr. name of the Senator from Vermont an online computerized assessment to

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.020 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3093 enhance detection of behaviors indi- (Mr. BOOZMAN) was added as a cospon- S. 861 cating a risk of suicide and other men- sor of S. 843, a bill to limit the amount Be it enacted by the Senate and House of Rep- tal health conditions in members of the of ammunition purchased or possessed resentatives of the United States of America in Armed Forces, and for other purposes. by certain Federal agencies for a 6- Congress assembled, S. 813 month period. SECTION 1. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. At the request of Mr. TESTER, his S.J. RES. 10 (a) APPLICABILITY OF GUIDANCE.—Section name was added as a cosponsor of S. At the request of Mr. MENENDEZ, the 402 of the Federal Water Pollution Control 813, a bill to require that Peace Corps name of the Senator from Minnesota Act (33 U.S.C. 1342) is amended by adding at volunteers be subject to the same limi- (Mr. FRANKEN) was added as a cospon- the end the following: tations regarding coverage of abortion sor of S.J. Res. 10, a joint resolution ‘‘(s) APPLICABILITY OF GUIDANCE.— services as employees of the Peace proposing an amendment to the Con- ‘‘(1) DEFINITIONS.—In this subsection: Corps with respect to coverage of such stitution of the United States relative ‘‘(A) GUIDANCE.— services, and for other purposes. to equal rights for men and women. ‘‘(i) IN GENERAL.—The term ‘guidance’ means draft, interim, or final guidance At the request of Ms. COLLINS, her S.J. RES. 13 issued by the Administrator. name was added as a cosponsor of S. At the request of Mr. WARNER, the ‘‘(ii) INCLUSIONS.—The term ‘guidance’ in- 813, supra. name of the Senator from Alabama cludes— S. 815 (Mr. SESSIONS) was added as a cospon- ‘‘(I) the comprehensive guidance issued by At the request of Mr. MERKLEY, the sor of S.J. Res. 13, a joint resolution the Administrator and dated April 1, 2010; names of the Senator from Rhode Is- amending title 36, United States Code, ‘‘(II) the proposed guidance entitled ‘Draft Guidance on Identifying Waters Protected by land (Mr. WHITEHOUSE), the Senator to designate July 26 as United States the Clean Water Act’ and dated April 28, 2011; from Massachusetts (Ms. WARREN), the Intelligence Professionals Day. ‘‘(III) the final guidance proposed by the Senator from New Mexico (Mr. UDALL), S. RES. 69 Administrator and dated July 21, 2011; and the Senator from Michigan (Ms. STABE- At the request of Mr. INHOFE, the ‘‘(IV) any other document or paper issued NOW), the Senator from New Hampshire name of the Senator from Oklahoma by the Administrator through any process (Mrs. SHAHEEN), the Senator from (Mr. COBURN) was added as a cosponsor other than the notice and comment rule- Vermont (Mr. SANDERS), the Senator of S. Res. 69, a resolution calling for making process. from Washington (Mrs. MURRAY), the the protections of religious minority ‘‘(B) NEW PERMIT.—The term ‘new permit’ means a permit covering discharges from a Senator from Michigan (Mr. LEVIN), rights and freedoms in the Arab world. the Senator from Vermont (Mr. structure— S. RES. 91 ‘‘(i) that is issued under this section by a LEAHY), the Senator from New Jersey At the request of Mr. UDALL of New permitting authority; and (Mr. LAUTENBERG), the Senator from Mexico, the name of the Senator from ‘‘(ii) for which an application is— Virginia (Mr. KAINE), the Senator from Rhode Island (Mr. WHITEHOUSE) was ‘‘(I) pending as of the date of enactment of Hawaii (Ms. HIRONO), the Senator from added as a cosponsor of S. Res. 91, a this subsection; or New York (Mrs. GILLIBRAND), the Sen- resolution supporting the goals and ‘‘(II) filed on or after the date of enactment ator from Delaware (Mr. COONS), the ideals of National Public Health Week. of this subsection. ‘‘(C) PERMITTING AUTHORITY.—The term Senator from Ohio (Mr. BROWN), the S. RES. 126 ‘permitting authority’ means— Senator from California (Mrs. BOXER), At the request of Mrs. MURRAY, her ‘‘(i) the Administrator; or the Senator from Montana (Mr. BAU- name was added as a cosponsor of S. ‘‘(ii) a State, acting pursuant to a State CUS), the Senator from North Carolina Res. 126, a resolution recognizing the program that is equivalent to the program (Mrs. HAGAN), the Senator from Con- teachers of the United States for their under this section and approved by the Ad- necticut (Mr. MURPHY), the Senator contributions to the development and ministrator. from Colorado (Mr. BENNET), the Sen- progress of our country. ‘‘(2) PERMITS.— ator from Minnesota (Mr. FRANKEN), At the request of Mr. JOHNSON of ‘‘(A) IN GENERAL.—Notwithstanding any the Senator from Rhode Island (Mr. South Dakota, his name was added as a other provision of law, in making a deter- mination whether to approve a new permit REED), the Senator from California cosponsor of S. Res. 126, supra. or a renewed permit, the permitting author- (Mrs. FEINSTEIN), the Senator from At the request of Ms. LANDRIEU, her ity— Missouri (Mrs. MCCASKILL), the Sen- name was added as a cosponsor of S. ‘‘(i) shall base the determination only on ator from Colorado (Mr. UDALL), the Res. 126, supra. compliance with regulations issued by the Senator from Virginia (Mr. WARNER), At the request of Mr. WARNER, his Administrator or the permitting authority; the Senator from Maryland (Ms. MI- name was added as a cosponsor of S. and KULSKI), the Senator from Connecticut Res. 126, supra. ‘‘(ii) shall not base the determination on the extent of adherence of the applicant for (Mr. BLUMENTHAL), the Senator from At the request of Ms. STABENOW, her the new permit or renewed permit to guid- Massachusetts (Mr. COWAN) and the name was added as a cosponsor of S. Res. 126, supra. ance. Senator from Hawaii (Mr. SCHATZ) were ‘‘(B) NEW PERMITS.—If the permitting au- added as cosponsors of S. 815, a bill to At the request of Mr. COONS, his thority does not approve or deny an applica- prohibit the employment discrimina- name was added as a cosponsor of S. tion for a new permit by the date that is 270 tion on the basis of sexual orientation Res. 126, supra. days after the date of receipt of the applica- or gender identity. At the request of Mr. BEGICH, his tion for the new permit, the applicant may S. 827 name was added as a cosponsor of S. operate as if the application were approved Res. 126, supra. in accordance with Federal law for the pe- At the request of Mr. MENENDEZ, the f riod of time for which a permit from the name of the Senator from New Jersey same industry would be approved. (Mr. LAUTENBERG) was added as a co- STATEMENTS ON INTRODUCED ‘‘(C) SUBSTANTIAL COMPLETENESS.—In de- sponsor of S. 827, a bill to amend the BILLS AND JOINT RESOLUTIONS termining whether an application for a new Internal Revenue Code of 1986 to re- permit or a renewed permit received under By Mr. MCCONNELL (for himself quire oil polluters to pay the full cost this paragraph is substantially complete, the and Mr. PAUL): of oil spills, and for other purposes. permitting authority shall use standards for S. 861. A bill to amend the Federal determining substantial completeness of S. 828 Water Pollution Control Act to provide similar permits for similar facilities sub- At the request of Mr. MENENDEZ, the guidance and clarification regarding mitted in fiscal year 2007.’’. name of the Senator from New Jersey issuing new and renewal permits, and (b) STATE PERMIT PROGRAMS.— (Mr. LAUTENBERG) was added as a co- for other purposes; to the Committee (1) IN GENERAL.—Section 402 of the Federal sponsor of S. 828, a bill to amend the on Environment and Public Works. Water Pollution Control Act (33 U.S.C. 1342) is amended by striking subsection (b) and in- Oil Pollution Act of 1990 to require oil Mr. MCCONNELL. Mr. President, I serting the following: polluters to pay the full cost of oil ask unanimous consent that the text of spills, and for other purposes. ‘‘(b) STATE PERMIT PROGRAMS.— the bill be printed in the RECORD. ‘‘(1) IN GENERAL.—At any time after the S. 843 There being no objection, the text of promulgation of the guidelines required by At the request of Mr. INHOFE, the the bill was ordered to be printed in section 304(I)(2), the Governor of each State name of the Senator from Arkansas the RECORD, as follows: desiring to administer a permit program for

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.023 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3094 CONGRESSIONAL RECORD — SENATE May 6, 2013 discharges into navigable waters within the ensure compliance with those pretreatment ‘‘(ii) not later than 90 days after the date jurisdiction of the State may submit to the standards by each source, in addition to ade- on which the proposed permit of the State is Administrator— quate notice, which shall include informa- transmitted to the Administrator, the Ad- ‘‘(A) a full and complete description of the tion on the quality and quantity of effluent ministrator objects in writing to the program the State proposes to establish and to be introduced into the treatment works issuance of the permit as being outside the administer under State law or under an and any anticipated impact of the change in guidelines and requirements of this Act.’’; interstate compact; and the quantity or quality of effluent to be dis- (2) in the second sentence, by striking ‘‘(B) a statement from the attorney gen- charged from the publicly owned treatment ‘‘Whenever the Administrator’’ and inserting eral (or the attorney for those State water works, to the permitting agency of— the following: pollution control agencies that have inde- ‘‘(i) new introductions into the treatment ‘‘(B) REQUIREMENTS.—If the Adminis- pendent legal counsel), or from the chief works of pollutants from any source that trator’’; and legal officer in the case of an interstate would be a new source as defined in section (3) by adding at the end the following: agency, that the laws of the State, or the 306 if the source were discharging pollutants; ‘‘(C) EXCEPTION.—The Administrator shall interstate compact, as applicable, provide ‘‘(ii) new introductions of pollutants into not object to or deny the issuance of a per- adequate authority to carry out the de- the treatment works from a source that mit by a State under subsection (b) or (s) scribed program. would be subject to section 301 if the source based on the following: ‘‘(2) APPROVAL.—The Administrator shall were discharging those pollutants; or ‘‘(i) Guidance, as that term is defined in approve each program for which a descrip- ‘‘(iii) a substantial change in volume or subsection (s)(1). tion is submitted under paragraph (1) unless character of pollutants being introduced into ‘‘(ii) The Administrator’s interpretation of the Administrator determines that adequate the treatment works by a source introducing a water quality standard that has been authority does not exist— pollutants into the treatment works at the adopted by the State and approved by the ‘‘(A) to issue permits that— time of issuance of the permit; and Administrator under section 303(c).’’. ‘‘(i) apply, and ensure compliance with, ‘‘(I) to ensure that any industrial user of SEC. 2. PERMITS FOR DREDGED OR FILL MATE- any applicable requirements of sections 301, any publicly owned treatment works will RIAL. 302, 306, 307, and 403; comply with sections 204(b), 307, and 308. (a) IN GENERAL.—Section 404(a) of the Fed- ‘‘(ii) are for fixed terms not exceeding 5 ‘‘(3) ADMINISTRATION.—Notwithstanding eral Water Pollution Control Act (33 U.S.C. years; and paragraph (2), the Administrator may not 1344(a)) is amended— ‘‘(iii) can be terminated or modified for disapprove or withdraw approval of a pro- (1) by striking the section heading and all cause including— gram under this subsection on the basis of that follows through ‘‘SEC. 404. (a) The Sec- ‘‘(I) a violation of any condition of the per- the following: retary may issue’’ and inserting the fol- mit; ‘‘(A) The failure of the program to incor- lowing: ‘‘(II) obtaining a permit by misrepresenta- porate or comply with guidance (as defined ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MA- tion or failure to disclose fully all relevant in subsection (s)(1)). TERIAL. facts; and ‘‘(B) The implementation of a water qual- ‘‘(a) PERMITS.— ‘‘(III) a change in any condition that re- ity standard that has been adopted by the ‘‘(1) IN GENERAL.—The Secretary may quires either a temporary or permanent re- State and approved by the Administrator issue’’; and duction or elimination of the permitted dis- under section 303(c).’’. (2) by adding at the end the following: charge; (2) CONFORMING AMENDMENTS.— ‘‘(2) DEADLINE FOR APPROVAL.— ‘‘(iv) control the disposal of pollutants into (A) Section 309 of the Federal Water Pollu- ‘‘(A) PERMIT APPLICATIONS.— wells; tion Control Act (33 U.S.C. 1319) is amend- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(B)(i) to issue permits that apply, and en- ed— clause (ii), if an environmental assessment sure compliance with, all applicable require- (i) in subsection (c)— or environmental impact statement, as ap- ments of section 308; or (I) in paragraph (1)(A), by striking propriate, is required under the National En- ‘‘(ii) to inspect, monitor, enter, and require ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and vironmental Policy Act of 1969 (42 U.S.C. 4321 reports to at least the same extent as re- (II) in paragraph (2)(A), by striking et seq.), the Secretary shall— quired in section 308; ‘‘402(b)(8)’’ and inserting ‘‘402(b)(2)(H)’’; and ‘‘(I) begin the process not later than 90 ‘‘(C) to ensure that the public, and any (ii) in subsection (d), in the first sentence, days after the date on which the Secretary other State the waters of which may be af- by striking ‘‘402(b)(8)’’ and inserting receives a permit application; and fected, receives notice of each application for ‘‘402(b)(2)(H)’’. ‘‘(II) approve or deny an application for a a permit and an opportunity for a public (B) Section 402(m) of the Federal Water permit under this subsection not later than hearing before a ruling on each application; Pollution Control Act (33 U.S.C. 1342(m)) is the latter of— ‘‘(D) to ensure that the Administrator re- amended in the first sentence by striking ‘‘(aa) if an agency carries out an environ- ceives notice and a copy of each application ‘‘subsection (b)(8) of this section’’ and insert- mental assessment that leads to a finding of for a permit; ing ‘‘subsection (b)(2)(H)’’. no significant impact, the date on which the ‘‘(E) to ensure that any State (other than (c) SUSPENSION OF FEDERAL PROGRAM.— finding of no significant impact is issued; or the permitting State), whose waters may be Section 402(c) of the Federal Water Pollution ‘‘(bb) if an agency carries out an environ- affected by the issuance of a permit may sub- Control Act (33 U.S.C. 1342(c)) is amended— mental assessment that leads to a record of mit written recommendations to the permit- (1) by redesignating paragraph (4) as para- decision, 15 days after the date on which the ting State and the Administrator with re- graph (5); and record of decision on an environmental im- spect to any permit application and, if any (2) by inserting after paragraph (3) the fol- pact statement is issued. part of the written recommendations are not lowing: ‘‘(ii) PROCESSES.—Notwithstanding clause accepted by the permitting State, that the ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith- (i), regardless of whether the Secretary has permitting State will notify the affected standing paragraphs (1) through (3), the Ad- commenced an environmental assessment or State and the Administrator in writing of ministrator may not disapprove or withdraw environmental impact statement by the date the failure of the State to accept the rec- approval of a State program under sub- described in clause(i)(I), the following dead- ommendations, including the reasons for not section (b) on the basis of the failure of the lines shall apply: accepting the recommendations; following: ‘‘(I) An environmental assessment carried ‘‘(F) to ensure that no permit will be ‘‘(A) The failure of the program to incor- out under the National Environmental Pol- issued if, in the judgment of the Secretary of porate or comply with guidance (as defined icy Act of 1969 (42 U.S.C. 4321 et seq.) shall be the Army acting through the Chief of Engi- in subsection (s)(1)). completed not later than 1 year after the neers, after consultation with the Secretary ‘‘(B) The implementation of a water qual- deadline for commencing the permit process of the department in which the Coast Guard ity standard that has been adopted by the under clause (i)(I). is operating, anchorage and navigation of State and approved by the Administrator ‘‘(II) An environmental impact statement any of the navigable waters would be sub- under section 303(c).’’. carried out under the National Environ- stantially impaired by the issuance of the (d) NOTIFICATION OF ADMINISTRATOR.—Sec- mental Policy Act of 1969 (42 U.S.C. 4321 et permit; tion 402(d)(2) of the Federal Water Pollution seq.) shall be completed not later than 2 ‘‘(G) to abate violations of the permit or Control Act (33 U.S.C. 1342(d)(2)) is amend- years after the deadline for commencing the the permit program, including civil and ed— permit process under clause (i)(I). criminal penalties and other means of en- (1) by striking ‘‘(2) NO’’ and inserting the ‘‘(B) FAILURE TO ACT.—If the Secretary forcement; following: fails to act by the deadline specified in ‘‘(H) to ensure that any permit for a dis- ‘‘(2) OBJECTION BY ADMINISTRATOR.— clause (i) or (ii) of subparagraph (A)— charge from a publicly owned treatment ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(i) the application, and the permit re- works includes conditions to require the (C), no permit shall issue if— quested in the application, shall be consid- identification in terms of character and vol- ‘‘(i) not later than 90 days after the date on ered to be approved; ume of pollutants of any significant source which the Administrator receives notifica- ‘‘(ii) the Secretary shall issue a permit to introducing pollutants subject to tion under subsection (b)(2)(E), the Adminis- the applicant; and pretreatment standards under section 307(b) trator objects in writing to the issuance of ‘‘(iii) the permit shall not be subject to ju- into the treatment works and a program to the permit; or dicial review.’’.

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(b) STATE PERMITTING PROGRAMS.— that will experience the greatest number of Administrator and the Administrator has ap- (1) AUTHORITY OF EPA ADMINISTRATOR.— job losses. proved a water quality standard for that pol- Section 404(c) of the Federal Water Pollution (c) NOTIFICATION.—If the Administrator lutant, unless the State concurs with the Ad- Control Act (33 U.S.C. 1344(c)) is amended by concludes under subsection (a)(1) that a cov- ministrator’s determination that the revised striking ‘‘(c)’’ and inserting the following: ered action will have more than a de mini- or new standard is necessary to meet the re- ‘‘(c) AUTHORITY OF EPA ADMINISTRATOR. .— mis negative impact on employment levels quirements of this Act.’’. ‘‘(1) POSSIBLE PROHIBITION OF SPECIFICA- or economic activity in any State, the Ad- (b) FEDERAL LICENSES AND PERMITS.—Sec- TION.—Until such time as the Secretary has ministrator shall give notice of such impact tion 401(a) of such Act (33 U.S.C. 1341(a)) is issued a permit under this section, the Ad- to the State’s Congressional delegation, Gov- amended by adding at the end the following: ministrator is authorized to prohibit the ernor, and Legislature at least 45 days before ‘‘(7) With respect to any discharge, if a specification (including the withdrawal of the effective date of the covered action. State or interstate agency having jurisdic- specification) of any defined area as a dis- (d) DEFINITIONS.—In this section, the fol- tion over the navigable waters at the point posal site, and he is authorized to deny or re- lowing definitions apply: where the discharge originates or will origi- strict the use of any defined area for speci- (1) ADMINISTRATOR.—The term ‘‘Adminis- nate determines under paragraph (1) that the fication (including the withdrawal of speci- trator’’ means the Administrator of the En- discharge will comply with the applicable fication) as a disposal site, whenever he de- vironmental Protection Agency. provisions of sections 301, 302, 303, 306, and termines, after notice and opportunity for (2) COVERED ACTION.—The term ‘‘covered 307, the Administrator may not take any ac- public hearings, that the discharge of such action’’ means any of the following actions tion to supersede the determination.’’. materials into such area will have an unac- taken by the Administrator under the Fed- SEC. 6. STATE AUTHORITY TO IDENTIFY WATERS ceptable adverse effect on municipal water eral Water Pollution Control Act (33 U.S.C. WITHIN ITS BOUNDARIES. supplies, shellfish beds and fishery areas (in- 1201 et seq.): Section 303 of the Federal Water Pollution cluding spawning and breeding areas), wild- (A) Issuing a regulation, policy statement, Control Act (33 U.S.C. 1313) is amended by striking subsection (d)(2) and inserting the life, or recreational areas. Before making guidance, response to a petition, or other re- following: such determination, the Administrator shall quirement. ‘‘(2)(A) Each State shall submit to the Ad- consult with the Secretary. The Adminis- (B) Implementing a new or substantially ministrator from time to time, with the first trator shall set forth in writing and make altered program. such submission not later than 180 days after public his findings and his reasons for mak- (3) MORE THAN A DE MINIMIS NEGATIVE IM- the date of publication of the first identifica- ing any determination under this subsection. PACT.—The term ‘‘more than a de minimis tion of pollutants under section 304(a)(2)(D), ‘‘(2) AUTHORITY OF STATE PERMITTING PRO- negative impact’’ means the following: the waters identified and the loads estab- GRAMS.—Paragraph (1) shall not apply to any (A) With respect to employment levels, a permit if the State in which the discharge lished under paragraphs (1)(A), (1)(B), (1)(C), loss of more than 100 jobs. Any offsetting job and (1)(D) of this subsection. The Adminis- originates or will originate does not concur gains that result from the hypothetical cre- with the Administrator’s determination that trator shall approve the State identification ation of new jobs through new technologies and load or announce his disagreement with the discharge will result in an unacceptable or government employment may not be used adverse effect as described in paragraph the State identification and load not later in the job loss calculation. than 30 days after the date of submission and (1).’’. (B) With respect to economic activity, a (c) STATE PROGRAMS.—The first sentence of if— decrease in economic activity of more than ‘‘(i) the Administrator approves the identi- section 404(g)(1) of such Act (33 U.S.C. $1,000,000 over any calendar year. Any offset- 1344(g)(1)) is amended by striking ‘‘for the fication and load submitted by the State in ting economic activity that results from the accordance with this subsection, such State discharge’’ and inserting ‘‘for some or all of hypothetical creation of new economic activ- the discharges’’. shall incorporate them into its current plan ity through new technologies or government under subsection (e); and SEC. 3. IMPACTS OF EPA REGULATORY ACTIVITY employment may not be used in the eco- ON EMPLOYMENT AND ECONOMIC ‘‘(ii) the Administrator announces his dis- ACTIVITY. nomic activity calculation. agreement with the identification and load (a) ANALYSIS OF IMPACTS OF ACTIONS ON SEC. 4. IDENTIFICATION OF WATERS PROTECTED submitted by the State in accordance with EMPLOYMENT AND ECONOMIC ACTIVITY.— BY THE CLEAN WATER ACT. this subsection he shall submit, not later (1) ANALYSIS.—Before taking a covered ac- (a) IN GENERAL.—The Secretary of the than 30 days after the date that the Adminis- tion, the Administrator shall analyze the im- Army and the Administrator of the Environ- trator announces his disagreement with the pact, disaggregated by State, of the covered mental Protection Agency may not— State’s submission, to such State his written action on employment levels and economic (1) finalize, adopt, implement, administer, recommendation of those additional waters activity, including estimated job losses and or enforce the proposed guidance described that he identifies and such loads for such decreased economic activity. in the notice of availability and request for waters as he believes are necessary to imple- (2) ECONOMIC MODELS.— comments entitled ‘‘EPA and Army Corps of ment the water quality standards applicable (A) IN GENERAL.—In carrying out para- Engineers Guidance Regarding Identification to such waters. graph (1), the Administrator shall utilize the of Waters Protected by the Clean Water Act’’ ‘‘(B) Upon receipt of the Administrator’s best available economic models. (EPA–HQ–OW–2011–0409) (76 Fed. Reg. 24479 recommendation the State shall within 30 (B) ANNUAL GAO REPORT.—Not later than (May 2, 2011)); and days either— December 31st of each year, the Comptroller (2) use the guidance described in paragraph ‘‘(i) disregard the Administrator’s rec- General of the United States shall submit to (1), any successor document, or any substan- ommendation in full and incorporate its own Congress a report on the economic models tially similar guidance made publicly avail- identification and load into its current plan used by the Administrator to carry out this able on or after December 3, 2008, as the basis under subsection (e); subsection. for any decision regarding the scope of the ‘‘(ii) accept the Administrator’s rec- (3) AVAILABILITY OF INFORMATION.—With re- Federal Water Pollution Control Act (33 ommendation in full and incorporate its spect to any covered action, the Adminis- U.S.C. 1251 et seq.) or any rulemaking. identification and load as amended by the trator shall— (b) RULES.—The use of the guidance de- Administrator’s recommendation into its (A) post the analysis under paragraph (1) scribed in subsection (a)(1), or any successor current plan under subsection (e); or as a link on the main page of the public document or substantially similar guidance ‘‘(iii) accept the Administrator’s rec- Internet Web site of the Environmental Pro- made publicly available on or after Decem- ommendation in part, identifying certain ad- tection Agency; and ber 3, 2008, as the basis for any rule shall be ditional waters and certain additional loads (B) request that the Governor of any State grounds for vacating the rule. proposed by the Administrator to be added experiencing more than a de minimis nega- SEC. 5. LIMITATIONS ON AUTHORITY TO MODIFY to such State’s identification and load and tive impact post such analysis in the Capitol STATE WATER QUALITY STANDARDS. incorporate the such State’s identification of such State. (a) STATE WATER QUALITY STANDARDS.— and load as amended into its current plan (b) PUBLIC HEARINGS.— Section 303(c)(4) of the Federal Water Pollu- under subsection (e). (1) IN GENERAL.—If the Administrator con- tion Control Act (33 U.S.C. 1313(c)(4)) is ‘‘(C)(i) If the Administrator fails to either cludes under subsection (a)(1) that a covered amended— approve the State identification and load or action will have more than a de minimis neg- (1) by redesignating subparagraphs (A) and announce his disagreement with the State ative impact on employment levels or eco- (B) as clauses (i) and (ii), respectively; identification and load within the time spec- nomic activity in a State, the Administrator (2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; ified in this subsection then such State’s shall hold a public hearing in each such (3) by striking ‘‘The Administrator shall identification and load is deemed approved State at least 30 days prior to the effective promulgate’’ and inserting the following: and such State shall incorporate the identi- date of the covered action. ‘‘(B) The Administrator shall promulgate;’’ fication and load that it submitted into its (2) TIME, LOCATION, AND SELECTION.—A pub- and current plan under subsection (e). lic hearing required under paragraph (1) shall (4) by adding at the end the following: ‘‘(ii) If the Administrator announces his be held at a convenient time and location for ‘‘(C) Notwithstanding subparagraph (A)(ii), disagreement with the State identification impacted residents. In selecting a location the Administrator may not promulgate a re- and load but fails to submit his written rec- for such a public hearing, the Administrator vised or new standard for a pollutant in any ommendation to the State within 30 days as shall give priority to locations in the State case in which the State has submitted to the required by subparagraph (A)(ii) then such

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.016 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3096 CONGRESSIONAL RECORD — SENATE May 6, 2013 State’s identification and load is deemed ap- Whereas an estimated 1,800,000 additional Whereas, according to the Bureau of the proved and such State shall incorporate the home care workers will be needed during the Census, the Asian-American population grew identification and load that it submitted next decade to serve the growing population faster than any other racial or ethnic group into its current plan under subsection (e). of seniors and individuals with disabilities; in the United States during the last decade, ‘‘(D) This section shall apply to any deci- Whereas the quality of home care jobs is surging nearly 46 percent between 2000 and sion made by the Administrator under this poor, with low wages, few benefits, high 2010, which is a growth rate 4 times faster subsection issued on or after March 1, 2013.’’. turnover, and a high level of job stress and than that of the total population of the hazards; United States; f Whereas home care and personal assistance Whereas the 2010 decennial census esti- SUBMITTED RESOLUTIONS workers earn a median hourly wage of $9.53, mated that there are approximately and nearly half of such workers live in 17,300,000 residents of the United States who households that also rely on public assist- identify as Asian and approximately 1,200,000 SENATE RESOLUTION 128—EX- ance; residents of the United States who identify Whereas approximately 55 percent of home themselves as Native Hawaiian or other Pa- PRESSING THE SENSE OF THE care workers work part-time, and approxi- cific Islander, making up nearly 6 percent of SENATE THAT SUPPORTING SEN- mately 44 percent of those part-time workers the total population of the United States; IORS AND INDIVIDUALS WITH would prefer to work more hours; Whereas the month of May was selected for DISABILITIES IS AN IMPORTANT Whereas nearly 21 percent of the individ- Asian/Pacific American Heritage Month be- RESPONSIBILITY OF THE UNITED uals who provide home care services were cause the first immigrants from Japan ar- STATES, AND THAT A COM- born outside the United States; rived in the United States on May 7, 1843, PREHENSIVE APPROACH TO EX- Whereas a stabilized home care workforce and the first transcontinental railroad was PANDING AND SUPPORTING A would lead to improved continuity and qual- completed on May 10, 1869, with substantial ity of long-term services and supports; contributions from immigrants from China; STRONG HOME CARE WORK- Whereas the issue of long-term services Whereas 2013 marks 70 years since the re- FORCE AND MAKING LONG-TERM and supports is a critical issue for women, as peal of the Act of May 5, 1892 (27 Stat. 25, SERVICES AND SUPPORTS AF- 70 percent of individuals who need such care chapter 60) (commonly known as the ‘‘Geary FORDABLE AND ACCESSIBLE IN are women 65 years of age or older, 90 per- Act’’ or the ‘‘Chinese Exclusion Act’’), and 25 COMMUNITIES IS NECESSARY TO cent of paid caregivers are women, and 85 years since the passage of the Civil Liberties UPHOLD THE RIGHT OF SENIORS percent of family members and friends who Act of 1988 (50 U.S.C. App. 1989b et seq.) that AND INDIVIDUALS WITH DIS- informally provide care are women who granted reparations to Japanese Americans ABILITIES IN THE UNITED often have to leave the paid workforce to interned during World War II, both cases in provide such care, and thus are at a financial which Congress acted to address discrimina- STATES TO A DIGNIFIED QUAL- disadvantage during their working years and tory laws that targeted people of Asian de- ITY OF LIFE face a reduction in Social Security benefits scent; Mr. HARKIN (for himself, Mrs. MUR- when they retire; and Whereas section 102 of title 36, United RAY, and Mrs. GILLIBRAND) submitted Whereas a comprehensive approach that fo- States Code, officially designates May as the following resolution; which was re- cuses on job creation and job quality, work- Asian/Pacific American Heritage Month and force training, pathways to citizenship and requests the President to issue an annual ferred to the Committee on Health, career advancement, and support for individ- proclamation calling on the people of the Education, Labor, and Pensions: uals and families is necessary to build a United States to observe the month with ap- S. RES. 128 strong home care workforce and make qual- propriate programs, ceremonies, and activi- Whereas the aging of the baby boom gen- ity long-term services and supports afford- ties; eration will cause the number of individuals able and accessible for all individuals in the Whereas, in 2013, the Congressional Asian in the United States who are 65 years of age United States: Now, therefore, be it Pacific American Caucus, a bicameral cau- or older to increase from 40,000,000 to Resolved, That it is the sense of the Senate cus of Members of Congress advocating on 70,000,000 during the next 2 decades; that a comprehensive approach to expanding behalf of Asian Americans and Pacific Is- Whereas 12,000,000 adults, nearly half of and supporting a strong home care workforce landers, is composed of 40 Members, includ- whom are under 65 years of age, need long- and making long-term services and supports ing 13 Members of Asian or Pacific Islander term services and supports due to functional affordable and accessible in communities is descent; limitations; necessary to uphold the right of seniors and Whereas, in 2013, Asian Americans and Pa- Whereas the decision of the Supreme Court individuals with disabilities in the United cific Islanders are serving in State legisla- in Olmstead v. L.C., 527 U.S. 581 (1999), man- States to a dignified quality of life. tures across the United States in record dates the end of unnecessary segregation of f numbers, including in the States of Alaska, Arizona, California, Connecticut, Colorado, individuals with disabilities in institutions, SENATE RESOLUTION 129—RECOG- and requires that individuals with disabil- Georgia, Hawaii, Idaho, Maryland, Massa- ities receive services in the most integrated NIZING THE SIGNIFICANCE OF chusetts, New York, Pennsylvania, Texas, setting appropriate to their needs; MAY 2013 AS ASIAN/PACIFIC Utah, Vermont, Virginia, and Washington; Whereas the vast majority of individuals in AMERICAN HERITAGE MONTH AS Whereas the number of Federal judges who the United States prefer to receive long-term AN IMPORTANT TIME TO CELE- are Asian Americans or Pacific Islanders services and supports in their homes so that BRATE THE SIGNIFICANT CON- more than doubled between 2009 and 2013, re- they may continue to live independently and TRIBUTIONS OF ASIAN AMERI- flecting a commitment to diversity in the with dignity; Federal judiciary that has resulted in the CANS AND PACIFIC ISLANDERS confirmations of high caliber Asian-Amer- Whereas the costs of long-term services TO THE HISTORY OF THE and supports for seniors and individuals with ican and Pacific Islander judicial nominees; disabilities are high; UNITED STATES Whereas there remains much to be done to Whereas the great expense of long-term Ms. HIRONO (for herself, Mr. HELLER, ensure that Asian Americans and Pacific Is- services and supports can affect all individ- Mrs. BOXER, Mrs. MURRAY, Mr. WAR- landers have access to resources and a voice in the Government of the United States and uals, regardless of income; NER, Mr. SCHATZ, Mr. BEGICH, and Mr. Whereas 70 percent of individuals who are continue to advance in the political land- CARDIN) submitted the following reso- scape of the United States; and 65 years of age or older will need some form lution; which was referred to the Com- of long-term services and supports; Whereas celebrating Asian/Pacific Amer- Whereas the number of individuals who mittee on the Judiciary: ican Heritage Month provides the people of need long-term services and supports is pro- S. RES. 129 the United States with an opportunity to jected to grow from 12,000,000 to 27,000,000 by Whereas the United States joins together recognize the achievements, contributions, 2050; each May to pay tribute to the contributions and history of Asian Americans and Pacific Whereas there are approximately 3,200,000 of generations of Asian Americans and Pa- Islanders, and to appreciate the challenges workers in the direct care workforce, leaving cific Islanders who have enriched the history faced by Asian Americans and Pacific Island- a huge gap between the services needed and of the United States; ers: Now, therefore, be it the size of the current workforce; Whereas the history of Asian Americans Resolved, That the Senate— Whereas the United States is experiencing and Pacific Islanders in the United States is (1) recognizes the significance of May 2013 a jobs crisis, as 25,000,000 individuals are un- inextricably tied to the story of the United as Asian/Pacific American Heritage Month employed or underemployed; States; as an important time to celebrate the sig- Whereas home care is one of the fastest Whereas the Asian-American and Pacific nificant contributions of Asian Americans growing industries in the United States Islander community is an inherently diverse and Pacific Islanders to the history of the economy, providing critical daily care, serv- population comprised of more than 45 dis- United States; and ices, and supports to millions of individuals tinct ethnicities and more than 100 language (2) recognizes that the Asian-American and and families across the country; dialects; Pacific Islander community enhances the

VerDate Mar 15 2010 02:09 May 07, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A06MY6.016 S06MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 6, 2013 CONGRESSIONAL RECORD — SENATE S3097 rich diversity of and strengthens the United VERONICA CASTRO, OF CALIFORNIA two leaders be reserved for their use ALTHEA CAWLEY–MURPHREE, OF WASHINGTON States. later in the day; that following any ANDREW CHIRA, OF THE DISTRICT OF COLUMBIA SARAH O. CHO, OF VIRGINIA f leader remarks, the Senate be in a pe- JAMES P. CHYNOWETH, OF FLORIDA riod of morning business until 11 a.m., NICHOLAS CORNELL COHEN, OF INDIANA NOTICES OF HEARINGS ROBERT M. CORNEJO, OF VIRGINIA with Senators permitted to speak MARIA B. CORREA, OF TEXAS COMMITTEE ON ENERGY AND NATURAL therein for up to 10 minutes each, with RACHAEL CULLINS, OF INDIANA RESOURCES MONICA LYNN DAVIS, OF VIRGINIA the time equally divided and controlled EDWARD P. DE MAYE, OF VIRGINIA Mr. WYDEN. Mr. President, I would between the two leaders or their des- JONATHAN L. DECANIO, OF VIRGINIA MATTHEW P. DORR, OF VIRGINIA like to announce for the information of ignees, with the Republicans control- GARY W. DUNCAN, OF VIRGINIA the Senate and the public that a hear- ling the first half and the majority HADY ELNEIL, OF CALIFORNIA JESSICA A. FELDMAN, OF VIRGINIA ing has been scheduled before the Sen- controlling the final half; further, that ROSS FELDMANN, OF THE DISTRICT OF COLUMBIA ate Committee on Energy and Natural following morning business the Senate RYAN E. FLORY, OF THE DISTRICT OF COLUMBIA WILBUR C. FREDERICK, OF VIRGINIA Resources. The hearing will be held on proceed to executive session to con- LAURA L. FREEMAN, OF VIRGINIA Tuesday, May 7, 2013, at 9:30 a.m., in sider Calendar No. 42, the Medine nomi- JOSEPH GAI, OF VIRGINIA ELIZABETH G. GAY, OF VIRGINIA room 366 of the Dirksen Senate Office nation, as provided under the previous GREG GERARDI, OF VIRGINIA Building. order; and that the Senate then recess ANTHONY GIARRIZZI, OF VIRGINIA MARSHA GOLDING, OF VIRGINIA The purpose of this hearing is to con- from 12:30 p.m. to 2:15 p.m. to allow for CHRISTOPHER DANIEL GOOCH, OF UTAH sider S. 783, the Helium Stewardship the weekly caucus meetings. LYLE SCOTT GOODE, OF CALIFORNIA GARRY E. GRABINS, OF ILLINOIS Act of 2013. The PRESIDING OFFICER. Without SHAI E. GRUBER, OF THE DISTRICT OF COLUMBIA Because of the limited time available objection, it is so ordered. MARK R. GUCWA, OF VIRGINIA WILLIAM K. HAMBLIN, OF VIRGINIA for the hearing, witnesses may testify f YOUNG MOK HAN, OF CALIFORNIA by invitation only. However, those TIMOTHY J. HANKO, OF VIRGINIA RYAN MATTHEW HANLON, OF SOUTH DAKOTA wishing to submit written testimony PROGRAM MAXWELL STEINBACH HARRINGTON, OF VIRGINIA for the hearing record may do so by PATRICK BENNETT HARRINGTON, OF CALIFORNIA Mr. REID. Mr. President, there will CYNTHIA J. HARTMAN, OF VIRGINIA sending it to the Committee on Energy be a rollcall vote on the Medine nomi- JANET A. HEG, OF WASHINGTON and Natural Resources, United States MICHELE L. HILTZ, OF VIRGINIA nation at noon tomorrow. At 2:15 p.m., CHADWICK HOUGHTON, OF THE DISTRICT OF COLUMBIA Senate, Washington, D.C. 20510–6150, or we will begin consideration of S. 601, SPENCER J. HUBBARD, OF VIRGINIA by email to danielle deraney@energy JONATHAN JANKORD, OF VIRGINIA the Water Resources Development Act. TRAVIS WILLIAM JONES, OF MARYLAND .senate.gov. I have spoken to the two managers of SETAREH S. JORGENSEN, OF MARYLAND For further information, please con- MARY F. KEFFER, OF VIRGINIA that bill, Chairman BOXER and Rank- DEBORAH ANN KERSHNER, OF COLORADO tact Vickie Gunderson at (202) 224–5479 ing Member VITTER, and they are going CHRIS J. KUCHARSKI, OF CALIFORNIA or Danielle Deraney at (202) 224–1219. PATRICK A. LAUGHLIN, OF VIRGINIA to manage this bill to the best of their WINSTON LE, OF THE DISTRICT OF COLUMBIA JOINT COMMITTEE OF CONGRESS ON PRINTING ability. They have experience, they JENNIFER CARMEN LEE, OF VIRGINIA JOHN F. LESO, OF THE DISTRICT OF COLUMBIA Mr. SCHUMER. Mr. President, I wish know the issue, and people should be EMILY A. LEVASSEUR, OF NEW HAMPSHIRE to announce that the Joint Committee ready to work with them to see if we STACI K. MACCORKLE, OF OREGON RICHARD L. MAHY, OF MARYLAND of Congress on Printing will meet on can move this bill as fast as possible. SAID MAQSODI, OF VIRGINIA Tuesday, May 7, 2013, at 10 a.m., in SC– KARON E. MASON, OF VIRGINIA f CHRISTOPHER MCKINNEY, OF TEXAS 4 to conduct its organization meeting JOHN J. MCLOONE III, OF VIRGINIA for the 113th Congress. ADJOURNMENT UNTIL 10 A.M. DARREN MCMAHON, OF VIRGINIA TOMORROW JAMES ROBB MCMILLAN, OF VIRGINIA For further information regarding DAVID E. MERRELL, OF WASHINGTON this hearing, please contact Matt Mr. REID. Mr. President, if there is CARRIE A. MIRSHAK, OF OHIO KAREN M. MONTAUDON, OF OREGON McGowan at the Rules and Administra- no further business to come before the MICHAEL C. MOORE, OF THE DISTRICT OF COLUMBIA tion Committee on (202) 224–6352. Senate, I ask unanimous consent that MARIA MORENO, OF CALIFORNIA DEDRIC J. MORTELMANS, OF VIRGINIA JOINT COMMITTEE OF CONGRESS ON THE it adjourn under the previous order. BRIAN D. MOUZON, OF VIRGINIA LIBRARY There being no objection, the Senate, ELISA M. MURPHY, OF VIRGINIA JENNIFER K. NAMES, OF VIRGINIA Mr. SCHUMER. Mr. President, I wish at 7 p.m., adjourned until Tuesday, MAXXWELL DAVID NANSON, OF VIRGINIA to announce that the Joint Committee May 7, 2013, at 10 a.m. ANDREW NISSEN, OF VIRGINIA ADAM B. NORTON, OF VIRGINIA of Congress on the Library will meet f EVELYN A. OKOTH, OF MARYLAND on Tuesday, May 7, 2013, at 10 a.m., in ANDREW JOHN OSORNO, OF CALIFORNIA NOMINATIONS JEREMY N. PACE, OF LOUISIANA SC–4 to conduct its organization meet- SETH PEAVEY, OF NORTH CAROLINA ing for the 113th Congress. Executive nominations received by CHRISTOPHER H. PUHL, OF VIRGINIA CYNTHIA L. RAPP, OF VIRGINIA For further information regarding the Senate: SAMANTHA A. RINGMACHER, OF TEXAS this hearing, please contact Matt DAVID ROBBIE, OF COLORADO THE JUDICIARY JAMES M. ROBINSON, OF WASHINGTON McGowan at the Rules and Administra- COLIN STIRLING BRUCE, OF ILLINOIS, TO BE UNITED DAVID A. RONDON, OF VIRGINIA tion Committee on (202) 224–6352. STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT JEFFREY PAUL SAKURAI, OF CALIFORNIA OF ILLINOIS, VICE MICHAEL P. MCCUSKEY, RETIRING. NISSA SALOMON, OF THE DISTRICT OF COLUMBIA COMMITTEE ON SMALL BUSINESS AND SARA LEE ELLIS, OF ILLINOIS, TO BE UNITED STATES JOCELYN M. SMITH, OF VIRGINIA ENTREPRENEURSHIP DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- SEAN Z. SMITH, OF MARYLAND NOIS, VICE JOAN B. GOTTSCHALL, RETIRED. INGRID SPECHT, OF THE DISTRICT OF COLUMBIA Ms. LANDRIEU. Mr. President, the ANDREA R. WOOD, OF ILLINOIS, TO BE UNITED STATES RICKY D. STROH, OF NORTH CAROLINA Committee on Small Business and En- DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- ANNE C. STURTEVANT, OF THE DISTRICT OF COLUMBIA NOIS, VICE WILLIAM J. HIBBLER, DECEASED. LIAM O. TOOMEY, OF VIRGINIA trepreneurship will meet on May 8, VALERIE M. VASS, OF VERMONT FOREIGN SERVICE CONOR M. WALSH, OF VIRGINIA 2013, at 10 am in room 106 of the Dirk- JESSE WALTER, OF WISCONSIN sen Senate Office building to hold a THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN MOLLY M. WEAVER, OF VIRGINIA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES CHRISTINA C. WEST, OF TEXAS hearing entitled ‘‘Strengthening the IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF LINDSEY S. WHITE, OF VIRGINIA Entrepreneurial Ecosystem for Minor- AMERICA: AMY M. WISER, OF VIRGINIA KATE E. ADDISON, OF VIRGINIA MICHELE D. WOONACOTT, OF CALIFORNIA ity Women.’’ EHSAN A. ALEAZIZ, OF WASHINGTON MICHAEL B. WYATT, OF VIRGINIA MARVIN J. ALLRED, OF VIRGINIA JOSEPH H. ZAMOYTA, OF MARYLAND f JOSEPH A. ANDERSON, OF VIRGINIA WILLIAM F. ZEMAN, OF CONNECTICUT GINA M. ANDREWS, OF TEXAS IN THE AIR FORCE ORDERS FOR TUESDAY, MAY 7, CAROLINA J. ASTIGARRAGA, OF VIRGINIA 2013 KRISTIAN T. BARNEY, OF VIRGINIA THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CHRISTINE BELL, OF VIRGINIA STATES OFFICER FOR APPOINTMENT IN THE RESERVE Mr. REID. Mr. President, I ask unan- JOHN TODD BELMEAR, OF COLORADO OF THE AIR FORCE TO THE GRADE INDICATED UNDER CHARLES M. BENNETT, OF FLORIDA TITLE 10, U.S.C., SECTIONS 12203 AND 12212: imous consent that when the Senate LADISLAV BERANEK, OF WASHINGTON completes its business today, it ad- ARVIN BHATT, OF NEW YORK To be brigadier general RICHARD BINDRUP, OF NEVADA COL. ROBERT C. BOLTON journ until 10 a.m., on Tuesday, May 7, KENDALL S. BLACKWELL, OF TEXAS 2013; that following the prayer and SARAH M. BOMAN, OF UTAH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EDWARD P. BOUCHER, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- pledge, the morning hour be deemed MARK J. BOUCHIE, OF VIRGINIA CATED UNDER TITLE 10, U.S.C., SECTION 9335: expired, the Journal of proceedings be MEGHAN M. BREEN, OF VIRGINIA To be brigadier general CHEYENNE BROWN, OF VIRGINIA approved to date, and the time for the KATE E. BURNS, OF VIRGINIA COL. ANDREW P. ARMACOST

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IN THE ARMY BRIGADIER GENERAL LUCAS N. POLAKOWSKI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL RICKY L. WADDELL IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL STEVEN W. AINSWORTH To be vice admiral RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL RONALD A. BASSFORD To be lieutenant general COLONEL JOSE R. BURGOS REAR ADM. SEAN A. PYBUS COLONEL JOHN E. CARDWELL THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MAJ. GEN. RAYMOND A. THOMAS III COLONEL DANIEL J. CHRISTIAN MENT TO THE GRADES INDICATED IN THE REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOHN J. ELAM NAVY UNDER TITLE 10, U.S.C., SECTION 531: IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL BRUCE E. HACKETT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL JOSEPH J. HECK To be captain RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL THOMAS J. KALLMAN COLONEL WILLIAM B. MASON STEPHEN J. LEPP To be lieutenant general COLONEL KENNETH H. MOORE To be lieutenant commander COLONEL THOMAS T. MURRAY LT. GEN. WILLIAM T. GRISOLI COLONEL MICHAEL C. O’GUINN ROBERT G. HOLMES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MIYAKO N. SCHANELY JOHN C. RUDD IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE MARINE CORPS THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MENT TO THE GRADE INDICATED IN THE REGULAR NAVY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 531: To be lieutenant general TO THE GRADE OF LIEUTENANT GENERAL IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A To be lieutenant commander MAJ. GEN. JOSEPH ANDERSON POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER SARAH E. NILES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY MEDICAL CORPS TO THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 624: AND 3064: MAJ. GEN. ROBERT R. RUARK To be lieutenant commander To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE RICHARD DIAZ COL. JOHN M. CHO UNITED STATES MARINE CORPS WHILE ASSIGNED TO A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER f IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TITLE 10, U.S.C., SECTION 601: CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant general WITHDRAWAL To be brigadier general MAJ. GEN. GLENN M. WALTERS Executive message transmitted by COL. BRIAN E. ALVIN IN THE NAVY the President to the Senate on May 6, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADES INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2013 withdrawing from further Senate CATED UNDER TITLE 10, U.S.C., SECTIONS 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND consideration the following nomina- To be major general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: tion: BRIGADIER GENERAL WILLIAM F. DUFFY To be vice admiral NAVY NOMINATION OF JEROME R. PILEWSKI, TO BE BRIGADIER GENERAL RONALD E. DZIEDZICKI COMMANDER, WHICH WAS SENT TO THE SENATE ON BRIGADIER GENERAL MARK T. MCQUEEN REAR ADM. TED N. BRANCH MARCH 19, 2013.

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A TRIBUTE TO JOSEPH LUCIAN RECOGNIZING FRANCES MARIE IN SUPPORT OF ‘‘JEWISH WYATT, JR. CALVO MONGE ON BEING NAMED AMERICAN HERITAGE MONTH’’ THE 2013 FIRST HAWAIIAN BANK AND GUAM BUSINESS MAGAZINE HON. SHEILA JACKSON LEE HON. ADAM B. SCHIFF BUSINESSWOMAN OF THE YEAR OF TEXAS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO Monday, May 6, 2013 OF GUAM Ms. JACKSON LEE. Mr. Speaker, I rise Monday, May 6, 2013 IN THE HOUSE OF REPRESENTATIVES today in recognition of Jewish American Herit- Mr. SCHIFF. Mr. Speaker, I rise today to Monday, May 6, 2013 age Month. Nearly 360 years have passed honor the memory of Joseph Lucian Wyatt, Jr. since the establishment of the first Jewish Ms. BORDALLO. Mr. Speaker, I rise today of Pasadena, California, who was an influen- community in North America. Since that time, to commend and congratulate Frances Marie tial force in Southern California legal circles as Jewish Americans have contributed to the cul- Calvo Monge on being named the 2013 First well as an exceptional community activist. tural richness and diversity of our nation in Hawaiian Bank and Guam Business Magazine every field of community life, including busi- Joe was born in Chicago, Illinois, the only Businesswoman of the Year. Marie is the ness, government, medicine, law, the natural son of Joseph and Cecile Wyatt. From 1942 to Chief Operating Officer and Executive Pro- and social sciences, the arts and humanities, 1945, Joe served in the United States Air ducer of Pacific Telestations Inc.’s KUAM and academia, religion, and the military. Force as a First Sergeant in the USAAF Troop has been in the media industry for 16 years. There are approximately 5 million Jewish Carrier Command in England, France, and Born and raised on Guam, Marie attended Americans and more than 100,000 of them Germany. After returning home, Joseph re- Academy of Our Lady of Guam and graduated live in Texas, nearly half of those, about ceived his undergraduate degree from North- from Castilleja School in Palo Alto, Calif., in 45,000, live in the Houston metropolitan area. western University in 1947 and his law degree the spring of 1992. Her first job was a produc- Although their numbers may be small in a from Harvard Law School in 1949. He then tion assistant at a local public access tele- state with a general population over 20 million, moved to California to practice law and soon vision station in Palo Alto. the impact of Jewish Americans in Texas and met Marge Simmons at a California Federa- In May 1996, Marie graduated Magna Cum in Houston has been great indeed. tion of Young Democrats Convention. They Laude from Emerson College in Boston with a Jewish Americans were there during the married in 1954. Bachelor of Science degree in Mass Commu- fight for Texas’ independence from Spain and Mr. Wyatt practiced trust and estate law for nication/Film. Mexico. Adolphus Sterne, an East Texas mer- chant, was a principal source of financial three law firms, specializing in trust and estate Following graduation, Marie moved to Los backing for the Texas Revolution and a close planning, fiduciary and tax practice, and trial Angeles, where she worked as a Development friend of Sam Houston. Albert Moses Levy and appellate litigation on behalf of individual Assistant for Flower Films from January 1996 was surgeon-in-chief in the revolutionary army. and institutional clients. Most recently, Mr. to September 1996. She worked with the pro- The De Cordova family helped develop the Wyatt served as Senior of Counsel to Morri- ducing team for actress Drew Barrymore to identify script projects that were to be devel- city of Waco and Henri Castro settled immi- son/Foerster LLP. He authored an impressive grants in several Texas towns. In 1859 the four–volume treatise on Trust Administration oped into major motion pictures. She also as- sisted with film pre-production, which included first synagogue in Texas was established in and Taxation, and since 1962 he has been a Houston. prominent lecturer in his field. He was also an location scouting, casting, and character ward- robe. Business and trade, especially the merchan- active member of many professional organiza- dising of food, clothing, jewelry with style, ele- In January 1997, Marie began serving as tions. Mr. Wyatt was known as a people’s law- gance, and distinction are the arenas in which Executive Producer of KUAM, where she yer and will be fondly remembered as a bow many Jewish-Texan families made their most oversaw all local productions, directed live tie aficionado, rarely being seen in public with- visual marks on the state of Texas. There is productions, and developed local content and out a bow tie. hardly a city in the Lone Star State whose his- programming for the stations of KUAM. Joe served his community as a board mem- tory is without landmark stores founded and In 2001, Marie co-founded a community ber of the Pacific Oaks College and Children’s developed by Jewish entrepreneurs: Neiman, service initiative of the stations of KUAM School, the California State Personnel Board, Marcus, Sanger in Dallas; Battelstein and known as the KUAM Careforce. Through this Sakowitz in Houston; and Joske in San Anto- the Board of Administration of the California Careforce, KUAM has highlighted many Guam Public Employees Retirement System, and nio. organizations, raising awareness for issues of These cities and towns reaped the benefits anti-poverty agencies of Pasadena and Los importance to our island community. Angeles. In addition, he also supported many not only in availability of goods, but also in Marie also is the president of The Edward non-profit organizations that specialized in owners’ generous patronage of the fine arts M. Calvo Cancer Foundation, a member of the and in contributions to civic life such as the education and children’s services. Joe was the Guam Chamber of Commerce, and a Board counsel to the California delegation at six historic Levy Opera House in Hillsboro and the Member of The Rigalu Foundation, Sanctuary, Brin Opera House in Terrell. Other early Jew- Democratic National Conventions, prior to Inc., and Hurao, Inc. She is also a member of which he was a delegate to four conventions. ish Americans who contributed mightily to civic the largest media professional group in the life include Anna Hertzberg, who served as He was very active at state and local Demo- United States, Radio Television Digital News cratic Party events, often serving as a skillful president of the original San Antonio Sym- Association. phony Orchestra before World War I, and parliamentarian. She is married to Eli Monge and together Olga Bernstein Kohlberg of El Paso, who Joe Wyatt was a very accomplished man, they have two daughters, Noelle Veronica, 14 started Texas’ first free public kindergarten in an admirable lawyer, and a great husband and years old and Reese Frances, 11 years old. 1892. That tradition continues today with the father. He was principled, intelligent, humble, I congratulate Frances Marie Calvo Monge Dell Children’s Hospital in Austin established and humorous. He will be greatly missed not on receiving the 2013 First Hawaiian Bank by Dell Computers founder and CEO, Michael only by his wife Marge and their four children and Guam Business Magazine Business- Dell. Daniel, Linn, Jonathan, and Lawrence, but by woman of the Year. I join the people of Guam Mr. Speaker, it was 65 years ago this month the entire community. I ask all Members to in commending her for her award and thank- that President Truman recognized the free, join me in remembering Joseph Lucian Wyatt, ing her for her contributions to our community independent, and democratic State of Israel, Jr. as a woman leader in business. making the United States the first country to

∑ 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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He was also so tions made by Jewish Americans in enriching ‘‘make this a better world and let it begin with well regarded by residents that they would re- American life and culture. me.’’ For his many invaluable contributions to quest assistance from him by name. Mr. Speaker, as a representative of the both St. Thomas’s Day School and our com- Fiercely proud of his service with the Navy, state of Texas which has welcomed Jews for munity, I am proud to stand today and extend colleagues fondly remember Pat’s many sto- more than three centuries, I join with my col- my deepest thanks and appreciation to my ries of his time in the military and remarked leagues and President Obama in calling upon good friend, Fred Acquavita, as he celebrates about the wealth of aviation knowledge he all Americans to learn more about the heritage his retirement. I wish him as well as his wife, was able to share. Nowhere was this on more and contributions of Jewish Americans and to Marie; their children, John and Michael; and prominent display than during a visit to the observe this month with appropriate programs, their three beautiful granddaughters the very National Air and Space Museum. During their activities, and ceremonies. best for many more years of health and happi- trip to Washington, DC, they also shared an f ness. especially moving time with Pat at the Vietnam f Veterans Memorial. HONORING FRED ACQUAVITA ON Pat’s unrelenting and quiet dedication to THE OCCASION OF HIS RETIRE- RECOGNIZING ISMAEL GUZMAN ON serving the public, in the military and in local MENT HIS ENLISTMENT INTO THE government, serves as an example of the tre- UNITED STATES MARINE CORPS mendous impact one outstanding person can HON. ROSA L. DeLAURO have on his community. OF CONNECTICUT HON. ALCEE L. HASTINGS Mr. Speaker, it is with great pleasure that I IN THE HOUSE OF REPRESENTATIVES OF FLORIDA recognize the life of Pat Foster. He is a re- Monday, May 6, 2013 IN THE HOUSE OF REPRESENTATIVES minder of the standards of service to which we should aspire every day. Ms. DELAURO. Mr. Speaker, it is with great Monday, May 6, 2013 f pleasure that I rise today to join the many Mr. HASTINGS of Florida. Mr. Speaker, I family, friends, colleagues, and community rise today to honor Mr. Ismael Guzman, a RECOGNIZING PETTY OFFICER 1ST leaders who have gathered in celebration of senior at Glades Central High School in Belle CLASS (FMF) BENNY MENDIOLA an outstanding member of our community and Glade, Florida. Ismael is fine young man who FLORES JR. ON RECEIVING A my dear friend, Fred Acquavita, as he retires has received good grades, and will graduate SILVER STAR from his post as Headmaster of St. Thomas later this month. He has courageously chosen Day School in New Haven, Connecticut after to enlist in the United States Marine Corps. HON. MADELEINE Z. BORDALLO more than three decades of service in edu- Ismael should be extremely proud of his de- OF GUAM cation. cision to serve this nation. It is thanks to the IN THE HOUSE OF REPRESENTATIVES A native of New Haven, Fred left Con- commitment and dedication of individuals such Monday, May 6, 2013 necticut to attend the Kansas State College of as him, that we are able to meet here in the Pittsburg to earn his Bachelors Degree and House of Representatives, and openly debate Ms. BORDALLO. Mr. Speaker, I rise today later returned to earn his Masters from South- and legislate on the many issues facing our to commend Petty Officer 1st Class (FMF) ern Connecticut State University as well as his nation. Benny Mendiola Flores Jr., a hospital corps- 6th Year from Bank Street College of Edu- Mr. Speaker, I commend Ismael Guzman for man serving with the Air Naval Gunfire Liaison cation. Fred began his career as a teacher in his selflessness to enlist in the Marine Corps. Company, on receiving a Silver Star, for con- the New Haven Public School system working I am certain that he will serve with honor and spicuous gallantry and intrepidity in action with with children in elementary and secondary distinction. We owe him, as well as all the combat operations against the enemy while schools. Deeply passionate about education men and women serving in uniform a debt of serving as Field Medical Service Technician, I and making it work for both teachers and our gratitude. Marine Expeditionary Force (Forward), on 28 young people, Fred focused his professional f April 2012, in support of Operation Enduring growth on building expertise in curriculum de- Freedom. He was presented with the Silver velopment, instructional support, strategic IN MEMORY OF PATRICK R. Star, the military’s third-highest award for planning, and team building—all of which FOSTER valor, at a ceremony at Camp Pendleton, would serve him well as he accepted the lead- Calif., on May 3, 2013. ership role at St. Thomas’s Day School. As HON. ADAM SMITH Petty Officer Flores, a native of Guam, grad- Headmaster of St. Thomas’s Day School, Fred OF WASHINGTON uated from Southern High School in 2001, has helped to shape the lives of hundreds of IN THE HOUSE OF REPRESENTATIVES and, shortly thereafter, enlisted in the United young people—nourishing their minds, encour- States Navy. He always wanted to be a corps- aging their imaginations, and preparing them Monday, May 6, 2013 man, and, in his remarks at the award cere- well to meet their full potential and realize their Mr. SMITH of Washington. Mr. Speaker, I mony, demonstrated his humility and gratitude dreams. rise to honor the life of Patrick R. Foster. for the opportunity to serve our country. He is Fred’s dedication to enriching our commu- As a Vietnam War veteran who served in a currently serving his third deployment to the nity extends far beyond his work in education. Naval Attack Squadron and a superintendant Middle East. Throughout his adult life he has dedicated with the city of Federal Way, Washington, Pat During his deployment to Afghanistan last much of his time to a myriad of local service Foster’s life was dedicated to public service. year, Petty Officer Flores was providing med- organizations. He has served on the Board of As the self-proclaimed ‘‘CEO of potholes’’ for ical coverage for a three-day, Afghan-led mis- Directors at Farnum Neighborhood House the city, Pat supervised a staff that maintained sion to Zaranj, Afghanistan near Iran’s border. where he also coached ‘‘Biddy Basketball,’’ the city’s many roads and sidewalks, using his He was riding in the back of a pickup in participated in the Graustein Foundation Lead- warmth and sense of humor to add a human Nimruz province’s Zaranj district returning to ership Program, and is currently an Associate touch in handling the multitude of requests the camp after a trip to the Iranian border when Fellow Yale’s Berkeley College as well as a city received. an improvised explosive device detonated member of the Board of Directors of the Con- Pat’s tireless efforts and down-to-earth de- near his vehicle as a result of a suicide bomb- necticut Association of Independent Schools. meanor led his colleagues throughout the Fed- er. Despite suffering shrapnel wounds to his On a more personal note, I want to take a eral Way city government to consider him an arms and back, he immediately began helping moment to thank Fred for his many years of integral part of its operations. He was trusted the wounded. He risked his life four times, special friendship. His support and camara- to develop and implement creative and re- running through enemy gunfire to help save derie is something that I will always cherish. sourceful solutions to the issues and chal- the Marines and Afghan Uniform Police officer Fred’s passion for making a difference is an lenges faced by the city and its residents, who were injured in the blast. inspiration to many and I consider myself very while involving others and making them feel Petty Officer Flores stayed focused admin- fortunate to call him my friend. equally important in the process. As a leader, istering combat lifesaving skills. Although he

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.001 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 6, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E593 worked hard to make sure everyone was se- and program–related investments over the last Commission, Civic Foundation, and as Village cure, another passenger in his vehicle, Master 10 years. Dr. Phillips Charities has made a Trustee before his election to Village Presi- Sergeant Scott Pruitt, died from injuries sus- lasting effect on the Central Florida community dent. Under the leadership of Silvestri, the Vil- tained in the attack. that has directly touched the lives of thou- lage of Elmwood Park has been able to pros- Petty Officer Flores has received numerous sands of children and families. per and continue to pursue the village’s goal awards and decorations for his service, includ- Dr. Phillips Charities has been fortunate to of being a great place to raise a family and ing a Purple Heart, a Joint Service Com- have such a dedicated and experienced lead- start a business. Mr. Silvestri oversaw numer- mendation Medal and a Joint Service Achieve- er at the helm of their operations. I want to ap- ous beautification projects in the Village, as ment Medal. plaud Rob Mellen on his continued service to well as efforts to modernize the police, fire, He is currently pursuing a college degree the philanthropic needs of the Central Florida and public works departments. Silvestri also and furthering his passion for medicine by community. His commitment to excellence, holds a good financial track record with the studying sports management at American Mili- leadership and service is to be admired, and Village, which is seen through the Village’s tary University. He is the son of Benny Flores may it inspire others to follow in his footsteps. high bond rating, minimal debt and a reduced Sr. and Josepha K. Lizama. He lives at Camp f tax levy coming next year. Pendleton Marine Corps Base in California Mr. Silvestri leaves the office of Village with his wife, Jerrianne, and their daughter, A TRIBUTE TO MABEL BAKER President in the wake of numerous accom- Jaena. plishments. Recently, the Village opened a I commend Petty Officer 1st Class Benny HON. TOM LATHAM new library, and the aquatic center and the Flores on receiving this high honor for his he- OF IOWA new Centennial Park are scheduled to be roic actions in combat. I join the people of IN THE HOUSE OF REPRESENTATIVES opened this spring. Other accomplishments Guam in thanking him for his bravery and self- Monday, May 6, 2013 while in office include an expanded recreation less service to our nation, and for making our center, the creation of Mills, Torpe and Central island proud. Mr. LATHAM. Mr. Speaker, I rise today to Parks and an expanded Bambi Park. Silvestri f recognize and congratulate Mabel Baker on has overseen the development of numerous the coming celebration of her 100th birthday. projects within the Village of Elmwood Park RECOGNIZING ROB MELLEN FOR Mabel will celebrate a century of life on May which have contributed greatly to the reputa- HIS CONTRIBUTIONS TO DR. 30th, 2013. tion of Elmwood Park as a great place to live PHILLIPS CHARITIES Our world has changed a great deal during and raise a family. the course of Mabel’s life. Since her birth, we Mr. Speaker, I ask all of my colleagues to HON. DANIEL WEBSTER have revolutionized air travel and walked on join me in recognizing the years of dedication OF FLORIDA the moon. We have invented the television, and public service Peter N. Silvestri has con- IN THE HOUSE OF REPRESENTATIVES cellular phones and the internet. We have tributed to the Village of Elmwood Park. Mr. fought in wars overseas, seen the rise and fall Monday, May 6, 2013 Silvestri has helped the Village prosper of Soviet communism and witnessed the birth through the changing social and economic cli- Mr. WEBSTER of Florida. Mr. Speaker, I am of new democracies. Mabel has lived through mate of recent decades, and he will surely be pleased to take this opportunity to recognize a eighteen United States Presidents and twen- missed as the Village’s president. I want to close friend of mine whose philanthropic con- ty–two Governors of Iowa. In her lifetime, the thank Mr. Silvestri for his years of service to tributions have greatly impacted the Central population of the United States has more than the Village of Elmwood Park, and I look for- Florida community. Rob Mellen served as the tripled. ward to his continued service as Cook County President and CEO of Dr. Phillips Charities for Mr. Speaker, it is an honor to represent Commissioner. the past five years. Prior to his role at Dr. Phil- Mabel in the United States Congress and it is f lips Charities, Mr. Mellen was a leading and my pleasure to wish her a very happy 100th well–recognized corporate, banking and real birthday. I invite my colleagues in the House TRIBUTE TO PAUL ‘‘BO’’ estate attorney and the managing shareholder to join me in congratulating Ms. Baker on BOLLINGER at Akerman Senterfitt, one of Florida’s largest reaching this incredible milestone, and wishing law firms. her even more health and happiness in the HON. HAROLD ROGERS Over the last five years as CEO and Presi- years to come. OF KENTUCKY dent, Mr. Mellen has inspired Dr. Phillips f IN THE HOUSE OF REPRESENTATIVES Charities to work towards new endeavors while facing the economic turmoil that has af- HONORING PETER N. SILVESTRI Monday, May 6, 2013 fected our nation. During his tenure, the con- Mr. ROGERS of Kentucky. Mr. Speaker, I struction of Orlando’s Dr. Phillips Center for HON. MIKE QUIGLEY rise today to recognize Mr. Paul ‘‘Bo’’ the Performing Arts began. He continues to OF ILLINOIS Bollinger, President of the Greater Washington play an important role in the planning and con- IN THE HOUSE OF REPRESENTATIVES Aviation Open (GWAO). As the GWAO cele- struction of Orlando’s long awaited world class brates its 25th anniversary this year and Mr. performing arts center scheduled to open in Monday, May 6, 2013 Bollinger begins the process of succession to 2014. With the completion of Dr. Phillips Char- Mr. QUIGLEY. Mr. Speaker, I rise today to new tournament leadership, it is the proper ities’ new headquarters, Mr. Mellen also se- recognize Peter N. Silvestri, retiring President time to recognize his quarter century of out- cured a place where Dr. Phillips Charities can of the Village of Elmwood Park and current standing leadership. enhance relationships with other major philan- 9th District Cook County Commissioner. Mr. In 1989, Mr. Bollinger conceived and began thropic organizations and the partnerships with Silvestri has served Elmwood Park for twenty- an aviation charity event to raise and donate those that they serve. His efforts to improve four years as Village president and chose not funds to worthy causes. Mr. Bollinger con- Dr. Phillips Charities’ real estate portfolio and to seek reelection this year in order to focus vinced several aviation executives and several other investments have enabled Dr. Phillips his complete attention on his position of Cook aviation associations to hold an annual charity Charities continuous substantial giving. Many County Commissioner. golf and auction event for this purpose. Twen- charitable non–profit organizations in the Cen- Mr. Silvestri has lived in Elmwood Park ty five years later, the GWAO has become the tral Florida community have been the bene- since 1971, and is a graduate of Elmwood largest aviation charity event in Washington, ficiaries of their giving, and numerous lives Park High School. He attended DePaul Uni- DC, raising almost $1.7 million for deserving have been provided with much–needed sup- versity for undergraduate studies, as well as organizations. port. for his law degree. In 1977, at the age of Under Mr. Bollinger’s leadership, the char- Dr. Philips Charities’ donations extend into twenty, Silvestri became the youngest person ities receiving tournament proceeds varied all parts of the Central Florida community, in- in Illinois elected to a local school board. He over the first four years, subsequently settling cluding educational programs, youth pro- served on Elmwood Park’s school board for on the Corporate Angel Network (CAN) as its grams, health and rehabilitative programs, and two years, and was president of the board major benefactor. The CAN mission of flying much more. They have given other local non- when he left to serve the Village in other of- cancer patients on empty seats of business profit organizations and charities the resources fices. aircraft to treatment facilities was a perfect to fund their efforts through donations that Following Mr. Silvestri’s exit from the school match with the GWAO mission. In 2006, Mr. have amassed $150 million in grants, pledges, board, he served on the Zoning Board, Plan Bollinger led the effort to include funding a

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MY8.003 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E594 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2013 four-year scholarship for a deserving T.C. Wil- Democrats, Republicans, and Independents. to join my hometown of New Haven, Con- liams High School graduate entering a college He was at home in the Halls of Congress, the necticut in commemoration of the City’s 375th in an aviation degree program; and in 2011 State Legislature, and City Hall. He under- Anniversary—a remarkable milestone for a the Veteran’s Airlift Command was added as stood and respected both the executive and very special community. Today, hundreds are an additional benefactor. legislative branches, as well as business, gathered not only to pay tribute to our past but Mr. Speaker, as a fellow Kentuckian I am labor, and the non-profit centers. He worked to celebrate the unique blend of cultures, tradi- honored and proud to commend Mr. Bollinger as well in New Jersey and Delaware as he did tions, and history that has made our City so for a quarter century of heroic, selfless and in Pennsylvania. He was liked and respected strong. successful service to thousands of deserving in all of the region’s counties. Joe understood people. In their names I wish to publicly thank how all the pieces fit together to form the com- The story of New Haven is the story of you, Bo, on behalf of all the people whose plex mosaic that is the Delaware Valley. His America. It was on April 24, 1638, that a lives you have enhanced. life made that mosaic more beautiful. His loss group of five hundred English Puritans, led by leaves it less so. Reverend John Davenport and Theophilus f Mr. Speaker, I am honored to say that I Eaton and in search of a place where ‘‘the RECOGNIZING BERNARD GRAY ON knew Joe. I’m even more honored to say that word of God shall be the only rule,’’ sailed into HIS ENLISTMENT INTO THE Joe knew me. He was a friend to all. We all the harbor. Upon their arrival they soon met UNITED STATES ARMY grieve his passing, even as we celebrate his with a local Native American tribe, the life. I am sure that all of my colleagues join Quinnpiack, whose leader, Momauguin, HON. ALCEE L. HASTINGS me in expressing our condolences to his fam- agreed to sell the tribe’s land in exchange for ily. OF FLORIDA the settlers’ protection from neighboring raid- IN THE HOUSE OF REPRESENTATIVES f ing bands and the use of the lands east of the harbor. In just two short years a government Monday, May 6, 2013 A TRIBUTE TO MARISSA FROST had been established and the settlement, Mr. HASTINGS of Florida. Mr. Speaker, I based on a grid of nine squares with the cen- rise today to honor Mr. Bernard Gray, a senior HON. TOM LATHAM tral square as the public common or Green, at Glades Central High School in Belle Glade, OF IOWA was flourishing. In 1784, New Haven was in- Florida. Bernard is a fine young man, who has IN THE HOUSE OF REPRESENTATIVES corporated as a city and Roger Sherman, one compiled a very good academic record at Monday, May 6, 2013 of the signers of the Declaration of Independ- Glades Central, and will be graduating later ence was elected its first mayor. this month. He has proudly chosen to enlist in Mr. LATHAM. Mr. Speaker, I rise today to the United States Army. recognize and congratulate 8th grader Marissa The history of New Haven is in fact a reflec- I want to congratulate Bernard on his deci- Frost of Urbandale Middle School for being tion of our nation’s great history. It was in New sion to serve his country. It is thanks to the named Iowa’s state winner in the Doodle 4 Haven in 1775, the day after Lexington and Google art competition. dedication of fine individuals such as him, that Concord, or as we call it Powder House Day, The Doodle 4 Google competition is held we are able to meet here in the House of that Benedict Arnold demanded the keys to annually by Google and invites students from Representatives, and openly debate and legis- the local powder house so that patriots could across the country to use their artistic talents late on the many issues facing our nation. use it in defense of the colonies. It was in and creativity to redesign Google’s homepage Mr. Speaker, Bernard Gray is a selfless and themes, which appear on millions of com- New Haven, that Eli Whitney developed the courageous individual. I am certain that he will puters across the globe. The nationwide win- cotton gin and interchangeable parts revolu- make us proud with his service. We owe him, ner is also awarded a scholarship worth tionizing the manufacturing industry and revi- as well as all the men and women in uniform $30,000 and the winner’s school will receive a talizing the American economy. It was in New an enormous debt of gratitude. $50,000 technology grant to establish or im- Haven that a group of African Mendi Warriors, f prove a computer lab or technology program. led by Cinque Pieh and marooned aboard the Spanish schooner Amistad, won a court battle HONORING JOSEPH W. MAHONEY, Marissa titled her doodle ‘Discover’ and por- and were able to return to their homeland—an JR. trays her response to the 2013 Doodle 4 Google theme ‘‘My Best Day Ever. . .’’ Her art- important triumph of the anti-slavery move- work is one of only 50 pieces that have been ment. In the 19th century, New Haven was the HON. ROBERT A. BRADY selected from across the country and was se- center of the carriage industry as well as the OF PENNSYLVANIA lected by a panel of Google employees for its oyster capitol of the world. New Haven is IN THE HOUSE OF REPRESENTATIVES artistic merit, creativity, and communication of home to the prestigious Yale University—an the competition’s theme. Marissa’s doodle is Monday, May 6, 2013 institution that has educated three of our last now displayed in an online gallery where she four presidents and three of our current Su- Mr. BRADY of Pennsylvania. Mr. Speaker, I will compete to be named a national finalist. preme Court justices. rise to honor a great Philadelphian whom we Representing Iowa in this national competition mourn today. Joe Mahoney, Jr. was a man is an extraordinary reflection of Marissa’s tal- New Haven, like so many other commu- that everyone called a friend. As Executive ents and artistic ability. nities across our nation, also has a rich immi- Vice President of the Greater Philadelphia Mr. Speaker, it is a profound honor to rep- grant story—the story of the American dream. Chamber of Commerce, Joe was the face of resent future leaders like Marissa from the Our City may be most well known for its Italian Philadelphia business. He was an eloquent great state of Iowa in the United States Con- and fish communities, but we have also be- and passionate advocate for the entire busi- gress. I invite my colleagues in the House to come home to a number of other immigrant ness community. But small business was his join me in congratulating her for this achieve- groups including those from Eastern Europe special love. He and his best friend, his bride ment, and I wish Miss Frost the best of luck and Ecuador. As is the same story in so many Pat, owned a small business themselves. He in the remainder of the competition and with other communities, these immigrant groups personally understood the joys and challenges her future studies. faced all kinds of challenges and obstacles. of building and maintaining an enterprise. f Through those struggles they stuck together, There are many adjectives you can use they established organizations to help re-cre- CELEBRATING THE CITY OF NEW when you talk about Joe. Smart, dedicated, ate a little bit of the Old Country, and to honor HAVEN ON THE OCCASION OF ITS energetic, diplomatic, charming, and knowl- the values of family and community we all 375TH ANNIVERSARY edgeable are just a few. But the fact that he hold dear—they made New Haven their home. and Pat were true partners in every sense tells you all that you really need to know. They HON. ROSA L. DeLAURO With such a rich history, the bonds of our worked together in support of our region, their OF CONNECTICUT community are strong. Born and raised in the Wooster Square neighborhood, wherever I go alma mater, St. Joseph’s University, and in IN THE HOUSE OF REPRESENTATIVES support of local charity. That’s the kind of guy in this world, it is always with me. That is New Joe was. Monday, May 6, 2013 Haven—and that is why I am so proud to rise Joe was especially gifted in the field of gov- Ms. DELAURO. Mr. Speaker, it is with great today to say Happy 375th Birthday New ernment relations. He worked equally well with pride and much appreciation that I rise today Haven.

VerDate Mar 15 2010 03:01 May 07, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MY8.006 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 6, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E595 IN RECOGNITION OF DR. SHARON I also want to commend Head Coach Rory A TRIBUTE TO CRAIG AND ROOT Henry and Assistant Coaches Deidre Parks SHIRLEY PHINNEY and Jeff Cope for a job well-done on devel- HON. FRANK PALLONE, JR. oping such a strong basketball program. OF NEW JERSEY The Walnut Grove community is justifiably HON. TOM LATHAM IN THE HOUSE OF REPRESENTATIVES proud of this extraordinary group of young and OF IOWA talented student-athletes. I urge my colleagues Monday, May 6, 2013 to join me in congratulating the Walnut Grove IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, I rise today to Lady Tigers as they celebrate their Class 1 Monday, May 6, 2013 honor Sharon M. Root, D.P.M., FACFAOM as Girls State Championship. she is recognized by fellow colleagues at the Mr. LATHAM. Mr. Speaker, I rise today to 64th Annual American Podiatric Medical Asso- f congratulate and recognize Craig and Shirley ciation (APMA) Region 3 Scientific Meeting. Phinney for being named a 2013 Hero of the HONORING NATIONAL MEDAL WIN- Dr. Root’s dedication to her profession and Heartland by the American Red Cross serving NERS OF THE SCHOLASTIC ART her selfless actions outside of the office are Greater Iowa. truly deserving of this body’s recognition. AND WRITING AWARDS OF 2013 Dr. Sharon Root graduated Magna Cum Each year, the American Red Cross serving Laude from New York College of Podiatric Greater Iowa recognizes Heroes of the Heart- Medicine. Previously, she completed Biological HON. STEVE ISRAEL land by selecting everyday Iowans who have Sciences and Pre-medical studies at Rutgers OF NEW YORK done extraordinary things to help their neigh- University—Newark and earned her Associate IN THE HOUSE OF REPRESENTATIVES bors and communities. The Iowans honored in Applied Science Degree and was a Highest with this prestigious award displayed selfless- Honors Graduate in Nursing at County College Monday, May 6, 2013 ness in a variety of courageous, charitable of Morris. She completed her residency in Mr. ISRAEL. Mr. Speaker, I rise today to and thoughtful acts. The Heroes of the Heart- Podiatric Surgery at The Bryn Mawr Hospital honor a number of talented and dedicated land program not only showcases the heroes in 1993 and currently practices in high school students from my Congressional among us, but also helps raise crucial funds to Succasunna, New Jersey. District who have won National Medals from ensure that the American Red Cross is pre- Throughout her career, Dr. Root has been a the Scholastic Art & Writing Awards of 2013. pared and equipped to assist those that need member of several professional organizations. The Scholastic Awards are the largest, long- food, shelter, and comfort during emergencies She is a current New Jersey Delegate to the est-running scholarship and recognition pro- and difficult times. APMA House of Representatives and serves gram for creative teens and are presented an- The lives of Craig and Shirley Phinney on the Resolutions Committee and Elections nually by the Alliance for Young Artists & Writ- changed forever one Friday evening in 2009 Committee. In addition, Dr. Root was presi- ers. These talented students are creative when Craig, a police officer and military vet- dent of the New Jersey Podiatric Medical So- thinkers that will lead our nation into the future eran, was diagnosed with colorectal cancer. ciety for the 2006–2007 year and held many and I am so proud to recognize them today. After seeing the struggles and sacrifices of other positions within the Society, including I am honored to represent Long Island and other cancer patients firsthand, the Phinneys Advisor of the Executive Committee, Chair of Queens which are home to many top notch the Constitution and Bylaws Committee and started the Cops Against Cancer organization schools with dedicated teachers guiding tal- to provide financial assistance to cancer pa- Chair of the Carrier Advisory Committee. ented young students to success. Specifically, Dr. Root is also a dedicated physician out- tients and their families that are burdened by I want to recognize the following students that the unexpected and overwhelming expenses side of the office. On March 16, 2012, while at I have the honor to represent here in Con- dinner in Washington, DC, Dr. Root performed associated with cancer treatments. Craig and gress: Megan Basaldua of Frank Sinatra Shirley’s organization assists with costs that the Heimlich maneuver on another diner, School of the Arts High School; Michela Maryland psychologist Dr. Ellen Lent, who was are not typically covered by insurance, such Bentel of the Choate Rosemary Hall; Lindsay as lodging and travel expenses for medical choking. Dr. Root’s quick actions saved Dr. Bu of Stuyvesant High School; Max Carol of appointments, specialized treatments, and var- Lent’s life. Syosset Senior High School; Michelle Chen of ious monthly home expenses. Cops Against Mr. Speaker, please join me in recognizing Hunter College High School; Soohyun Cho, Cancer has assisted more than 125 families in Dr. Sharon Root on her many professional ac- Seungeun Ha and Min Soo Kim of Oogie Art; 41 of Iowa’s 99 counties, seven families out- complishments and thanking her for her ac- Yirang Choe of Ashcan Studio Art; Alexandra side of the state, and even a family as far tions to save another life. Deplas, Megan Fox, Lauren Goldstein and f Danielle Pestyner of Jericho Senior High away as Quebec, Canada. In one particular in- stance, the organization was able to help ab- WALNUT GROVE LADY TIGERS School; Patrick Fahey of Manhasset Sec- ondary School; Meagan Fontanes, Brianna sorb the travel costs of a 72-year-old patient BASKETBALL TEAM CHAMPION- who had to travel 80 miles one-way for treat- SHIP Martin and Julia Tannenbaum of Northport Senior High School; Samantha Rose ment because her local medical facility had Klainberg and Kaiqi Zhu of Great Neck South been damaged by a tornado. In addition to HON. BILLY LONG High School; and Nicole Lee of High School their financial assistance, Craig and Shirley OF MISSOURI Art & Design. also provide the families and medical staffs of IN THE HOUSE OF REPRESENTATIVES Only 1,900 works of art and writing, from patients with their personal phone numbers to Monday, May 6, 2013 the initial pool of 230,000 submissions, earned be able to assist at any hour of the day or night. The Phinneys’ commitment to ‘‘protect Mr. LONG. Mr. Speaker, I rise today to rec- a National Medal. These students and their and serve’’ their community is present in all ognize the Walnut Grove Lady Tigers Basket- teachers should be commended for excelling facets of their lives, and it truly embodies what ball Team for winning the Missouri Class 1 and achieving such great success. They will it means to be a hero. These wonderful Girls State Championship. be honored at Carnegie Hall in New York City Iowans have set a shining example that our The Lady Tigers clinched the title with a on Friday, May 31. Artwork from the award- state can be proud of. thrilling finish, making a free throw with 1 sec- winning students will be featured in an exhi- ond left for a final score of 47–46. Members bition at Parsons The New School for Design Mr. Speaker, Mr. and Mrs. Phinneys’ actions of the team include Miranda Allison, Audree and the Pratt Manhattan Gallery. A selection that earned them each the title a ‘‘Hero of the Crain, Carrigan Comstock, Ellen Hayter, of students receiving awards for writing will Heartland’’ are a testament to the humble, Heather Harman, Lexi Harman, Shelby Har- have their work published in the annual an- hardworking and helpful people who make up man, Megan Shuler, Madisyn Freeze, and thology The Best Teen Writing of 2013. the great state of Iowa. I invite my colleagues Karsyn Hejna. Mr. Speaker, I again want to applaud the in the House to join me in congratulating Craig Through their hard work and dedication on families, teachers and students that have and Shirley on a job well done, thanking the and off the court, the Lady Tigers developed made these achievements possible. I urge my American Red Cross serving Greater Iowa for into a truly great championship team. The colleagues to join me in commending you for their life changing efforts, and wishing all of Lady Tigers ended the season 30–2, which all of your successes and I look forward to those involved in the Heroes of the Heartland set a school record for most wins in a season. seeing your continued contribution to the arts. program continued success for years to come.

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MY8.010 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E596 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2013 HONORING SERVICE OF COAST intervening years, the company has grown to bors and communities. The Iowans honored GUARD CAPTAIN CHRISTOPHER employ 50 employees, with its upcoming ex- with this prestigious award displayed selfless- L. ROBERGE pansion set to create jobs for four new individ- ness in a variety of courageous, charitable uals. Kathie has never strayed from her core and thoughtful acts. The Heroes of the Heart- HON. CHELLIE PINGREE commitment to producing American-made tex- land program not only showcases the heroes OF MAINE tiles, seeking to enhance or improve Auburn among us, but also helps raise crucial funds to IN THE HOUSE OF REPRESENTATIVES Manufacturing’s unique products without rein- ensure that the American Red Cross is pre- Monday, May 6, 2013 venting the wheel. It should come as no sur- pared and equipped to assist those that need prise that MaineBiz named Kathie one of its food, shelter, and comfort during emergencies Ms. PINGREE of Maine. Mr. Speaker, I ‘‘Women to Watch’’ in 2009. and difficult times. would like to recognize the extraordinary serv- Auburn Manufacturing is the only manufac- On a spring day in June, John Ostring was ice of Capt. Christopher L. Roberge, who is turer of extreme temperature fabrics to make in his workshop when he heard an explosion retiring after nearly 30 years in the United its product line entirely in the United States. from the home next door. As John told his States Coast Guard. The company’s commitment to producing wife Mary to call 911, the house had become For the last two years, Capt. Roberge has ‘‘Made in the USA’’ products is in no small engulfed in flames. Knowing his neighbor still shown incredible leadership as the Com- part because of Kathie’s strong belief that do- may have been inside, Mr. Ostring ran into the mander of Coast Guard Sector New England, mestic manufacturing is the key to innovation. burning house to find his neighbor unrespon- overseeing 1,100 personnel in Maine, New With another major expansion in Auburn sive on the floor. To save her life, John picked Hampshire, Vermont and northern New York. Manufacturing’s business plan, I have no her up and carried her outside until the first re- His tenure there has capped an extremely dis- doubt that Kathie and her employees will con- sponders could arrive. Although the home was tinguished career with over 30 military decora- tinue to turn out quality American made prod- destroyed that day, a life was saved because tions, including four Meritorious Service Med- ucts for years and years to come. of Mr. Ostring’s bravery and quick thinking. als. Mr. Speaker, please join me on congratu- John’s life-saving actions provide a shining ex- Since taking command, Capt. Roberge has lating Kathie Leonard and her employees as ample that our state can be proud of. strengthened Coast Guard operations in the they begin this tremendous next chapter for Mr. Speaker, Mr. Ostring’s actions that sector and around the country. He identified Auburn Manufacturing. earned him the title a ‘‘Hero of the Heartland’’ key vulnerabilities in the sector’s emergency are a testament to the humble, hardworking communications system and implemented vital f and helpful people who make up the great changes to make the system less susceptible CELEBRATING INDIA PLAZA’S 10TH state of Iowa. I invite my colleagues in the to outages—his recommendations paved the ANNIVERSARY House to join me in congratulating John on a way for similar upgrades around the country. job well done, thanking the American Red The Reserve Readiness Assessment Program HON. KYRSTEN SINEMA Cross serving Greater Iowa for their life he developed has moved the sector’s Reserve OF ARIZONA changing efforts, and wishing all of those in- unit to the number one position in the nation volved in the Heroes of the Heartland program for readiness. And while supporting the plan- IN THE HOUSE OF REPRESENTATIVES continued success for years to come. ning for the first-ever tidal power generator in Monday, May 6, 2013 f a U.S. waterway, Capt. Roberge’s guidance Ms. SINEMA. Mr. Speaker, I ask my col- has put the Coast Guard in a better position leagues to join me in honoring the India Plaza TRIBUTE TO LAW ENFORCEMENT to handle future energy projects. of Tempe, Arizona for its 10 years of dedi- MEN AND WOMEN Capt. Roberge’s day-to-day management of cated service to the community. the sector also served to distinguish him. His Since 2003, India Plaza has served as a HON. VERN BUCHANAN leadership and expertise ensured the flawless meeting place gateway for Arizonans into In- execution of 1,690 vessel boardings, 213 pol- OF FLORIDA dian culture, a center for education and cele- IN THE HOUSE OF REPRESENTATIVES lution responses, and 1,058 Search and Res- brating diversity. They have also been actively cue cases, with over 2,000 lives saved or as- engaged with the wider community, donating Monday, May 6, 2013 sisted and $38.9 million in property preserved. land and funds to various causes and working Mr. BUCHANAN. Mr. Speaker, I rise today As an island resident who regularly makes with both local government and Arizona State to pay tribute to law enforcement men and ferry trips across miles of water, I have a per- University to promote a more accessible city. women who have provided distinctive service sonal appreciation for the men and women of India Plaza is a true community partner, re- to the people of Florida’s 16th Congressional the Coast Guard. I feel safer knowing that ceiving awards such as the ‘‘Best of Phoenix’’ District. they stand ready to respond to an emergency and an Honorable Mention as ‘‘Tempe’s Good Law enforcement is a demanding profession with skill and courage, and deeply appreciate Neighbor of the Year’’. that requires sacrifice, courage and a dedica- their willingness to risk their lives to save oth- India Plaza serves as an excellent example tion to serve others. Every day, brave men ers. My special thanks to Capt. Roberge for to the rest of the Nation of what can be ac- and women put themselves in harm’s way to the many ways he has better prepared the complished when people come together to enforce the laws of our society and protect Coast Guard to answer the call when we need promote diversity and understanding. It is my public safety. They deserve our gratitude and them, and for his exceptional service to the privilege to serve this great community. I ask respect. country. I wish him the best of luck in his fu- my colleagues to join me in congratulating Last year, I established the 16th District ture endeavors. India Plaza on its 10 years of service and in Congressional Law Enforcement Awards, f wishing it many more. CLEA, to give special recognition to law en- HONORING AUBURN f forcement officers, departments, or units for MANUFACTURING, INC. exceptional achievement. A TRIBUTE TO JOHN OSTRING This year, during National Police Week, I will present congressional law enforcement HON. MICHAEL H. MICHAUD awards to the following winners chosen by an OF MAINE HON. TOM LATHAM independent panel comprised of current and IN THE HOUSE OF REPRESENTATIVES OF IOWA IN THE HOUSE OF REPRESENTATIVES retired law enforcement personnel rep- Monday, May 6, 2013 resenting a cross-section of the district’s law Monday, May 6, 2013 Mr. MICHAUD. Mr. Speaker, I rise today to enforcement community. honor Auburn Manufacturing, Inc. as it breaks Mr. LATHAM. Mr. Speaker, I rise today to Sergeant Ryan LaRowe of the Palmetto Po- ground on a significant expansion to its Au- congratulate and recognize John Ostring for lice Department received the Career Service burn, Maine Kittyhawk Industrial Park location. being named a 2013 Hero of the Heartland by Award. Founded by President and CEO Kathie Leon- the American Red Cross serving Greater Officer Sean Hammett of the Venice Police ard more than three decades ago, Auburn Iowa. Department, Sergeant Debra Kaspar of the Manufacturing is known across the world as a Each year, the American Red Cross serving Sarasota County Sheriff’s Office, and Detec- leader in extreme temperature textiles. Greater Iowa recognizes Heroes of the Heart- tive Louis Licata of the North Port Police De- Kathie and her former business partner land by selecting everyday Iowans who have partment received the Dedication and Profes- founded Auburn Manufacturing in 1979. In the done extraordinary things to help their neigh- sionalism Award.

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.013 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 6, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E597 Sergeant Debra Kaspar, Detective Timothy fire codes. Their work, largely unseen and than Villalba, Junior Jayseus, Kevin Bradlow, Speth, Detective Cassandra Dusseau, Detec- often unnoticed, is critical to keeping Ameri- Kyle Marciulonis, Manuel Gonzales, Melissa tive Louis Licata, Investigator Lynn Thompson, cans safe. The model building codes, pro- Gunther, Christian Matute, Iridian Maldonado. and Investigator Brent Blosser, Detective Jeff duced by ICC, allow every community in the Four have joined the Air Force; their names Pasler and Sergeant Donald Kennard of the United States to share the advantage of build- are the following: Paul Girao, Brianna Sarasota County Sheriff’s Office Pharma- ing codes that are adaptable to local condi- Dipasquale, Stephen Favreau, and Lee ceutical Diversion Investigative Unit received tions, but at the same time incorporate the Golladay. the Unit Citation Award. very latest research, materials, and building It is in thanks to the dedication of patriots Officer Peter Vilardi of the Sarasota-Man- practices. This is achieved in a private-public like these that we are able to meet here today, atee County Airport Authority Police Depart- partnership, saving local jurisdictions from in the United States House of Representa- ment, Officer Andres Perez of the Bradenton bearing the significant cost of code revision, tives, and openly debate the best solutions to Police Department, and Officer Joshua updating and coordination. These model the diverse issues that confront our country. Fleischer of the Holmes Beach Police Depart- codes are produced with the input of thou- On behalf of myself and all of my constituents ment received the Preservation of Life Award. sands of local officials as well as the building in Florida’s Twenty-Second District, thank you Deputy Justin Warren of the Manatee Coun- industry and represent a consensus on what for your service and best of luck as you pur- ty Sheriff’s Office received the Above and Be- the minimum safety requirements are for var- sue this challenging endeavor. yond the Call of Duty Award. ious building types, all developed without f On behalf of the people of Florida’s 16th using federal taxpayer funds. In fact, the Ar- PERSONAL EXPLANATION District I congratulate each of these out- chitect of the Capitol maintains the safety of standing law enforcement officers and offer this building, and all congressional office build- my sincere appreciation for their service and ings, following the requirements in the current HON. MICHAEL C. BURGESS dedication. International Building Code. OF TEXAS I also appreciate the law enforcement agen- During May’s Building Safety Month, I rec- IN THE HOUSE OF REPRESENTATIVES cies that made such outstanding nominations ommend that all of my colleagues aim to Monday, May 6, 2013 and panel that judged them. I believe these reach out to building code and fire officials Mr. BURGESS. Mr. Speaker, I rise today re- awards are a fitting tribute to our officers and from their districts to learn more about the garding my recent absence from the House on a reminder of the important role they play in great work they do in ensuring the safety of Thursday, April 25th and Friday, April 26th. our communities. the American people and infrastructure During this time, I attended the opening of the through building code compliance and en- f George W. Bush Presidential Library and Mu- forcement. seum at Southern Methodist University in Dal- COMMEMORATING BUILDING Thank you again to the hard working mem- las, Texas. Because of this absence, I missed SAFETY MONTH bers and leadership of the International Code several important votes on the House floor, Council. HON. CHRISTOPHER P. GIBSON and would like to submit how I would have f voted had I been in attendance. The votes OF NEW YORK HONORING HIGH SCHOOL SENIORS were: IN THE HOUSE OF REPRESENTATIVES WHO HAVE DECIDED TO SERVE Rollcall 124, on Agreeing to H. Res. 178, Monday, May 6, 2013 THE UNITED STATES OF AMER- Providing for consideration of the bill (H.R. Mr. GIBSON. Mr. Speaker, I rise today to ICA AS A MEMBER OF THE 527) to amend the Helium Act to complete the commemorate the start of Building Safety ARMED FORCES privatization of the Federal helium reserve in a Month, specifically in recognition of the exper- competitive market fashion that ensures sta- tise, leadership, and influence of the Inter- bility in the helium markets while protecting HON. LOIS FRANKEL the interests of American taxpayers, and for national Code Council (ICC). The ICC devel- OF FLORIDA other purposes. I would have voted ‘‘yea’’. ops and publishes the building safety, energy IN THE HOUSE OF REPRESENTATIVES efficiency, and fire safety model codes used Rollcall 125, on the Motion to Suspend the throughout the United States, as well as in Monday, May 6, 2013 Rules and Pass H.R. 1765, The Reducing many other nations. Ms. FRANKEL of Florida. Mr. Speaker, I Flight Delays Act. I would have voted ‘‘yea’’. Over the past year, we have had several rise today to honor seventy-one high school Rollcall 126, on Agreeing to the Amendment sobering reminders about the effects of prop- seniors in Florida’s 22’ District who have de- to H.R. 527, the Dent of Pennsylvania Amend- erly-enforced building codes. When Hurricane cided to enlist in the United States Armed ment No. 2. I would have voted ‘‘no’’. Sandy devastated New York, New Jersey, and Forces. Rollcall 127, on the Motion to Recommit several other states, we were reminded of Of these seventy-one, nine have joined the with Instructions to H.R. 527. I would have how much we rely on these vital safety stand- Army; their names are the following: Alex- voted ‘‘no’’. Rollcall 128, on Passage of H.R. 527, to ards in mitigating damage and loss of life. Re- ander Meyer, Cory Warr, Steven Britt, Victoria Amend the Helium Act. I would have voted ports after Sandy and other natural disasters Danielson, Evan Giarritta, Brenela Good, Rich- ‘‘yea’’. show that the loss of life and property damage ard Ramos, David Vogelsong, Diego Gon- would have been considerably worse had zalez. Nineteen have joined the Navy; their f modern building codes not been in place and names are the following: Tatiana Parra, A TRIBUTE TO SIX HEROES OF enforced. Kethleen Souza, Kassondra Uhl, Michael THE HEARTLAND For these reasons, I want to congratulate Hamlin II, Alex Riebman, Kevin Sanchez the leaders of the ICC who sponsor Building Villalba, Angevens Eugene, Falon Murray, Na- HON. TOM LATHAM Safety Month. These leaders include Ronald thaniel Hopkins, Jose Colon, Camille Grant, OF IOWA Piester, the Director of New York State Divi- Tylar McCranie, Bryant Ruano, Michael Tesch, IN THE HOUSE OF REPRESENTATIVES sion of Code Enforcement and Administration, Taylor Wachtel, Dandy Barrios, Celines Stephen D. Jones, Construction Official for Ocasio, Andrea Castillo, Anthony Celenie. Monday, May 6, 2013 Millburn Township, New Jersey, and Guy Thirty-eight have joined the Marines; their Mr. LATHAM. Mr. Speaker, I rise today to Tomberlin, Code Specialist for Fairfax County, names are the following: Alexander Field, congratulate and recognize Ryan Brown, Dave Virginia. These professionals also act as the Christian Garcia, Cody Kruse, David Munoz, McCaulley, Ben Wier, Rob Bacon, Doug President, Vice President, and Secretary- Devon Genova, Diana Bustamante, Felipe Bates, and Matt Myers for being named a Treasurer of the ICC’s Board of Directors. Moresco, Guilson Godinez, Henry Villatoro, 2013 Hero of the Heartland by the American ICC’s Chief Executive Officer Dominic Sims Joshua Carter, Kevin Nguyen, Lucas Ferreira, Red Cross serving Greater Iowa. will join them in Washington, DC this week to Austin Pastor, Cameron Kelley, Craig Each year, the American Red Cross serving discuss the critical need for the adoption and Baumann, Erik Littlefield, John Angeles, Kyle Greater Iowa recognizes Heroes of the Heart- enforcement of current building codes in order Stewart, Lucas Tavares, Paul Louis Curd, Yira land by selecting everyday Iowans who have to maximize our safety. Medina, Anna Dolmany, Lorena Guimaraes, done extraordinary things to help their neigh- I would also like to thank the thousands of Alma Castillo, Brian Abreu, Edwin Garcia-Gon- bors and communities. The Iowans honored men and women who work every day to make zalez, Erik Mendez Aguilar, Evan Stimely, with this prestigious award displayed selfless- sure our buildings comply with building and Garrett Marshall, Israel Manuel-Pedro, Jona- ness in a variety of courageous, charitable

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.016 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E598 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2013 and thoughtful acts. The Heroes of the Heart- iors will struggle from reductions in Meals on Older Americans bring a lifetime of skills land program not only showcases the heroes Wheels programs. Congress must reach a and experience as parents, workers, and citi- among us, but also helps raise crucial funds to long-term debt agreement that will replace the zens that can be tapped to meet challenges in ensure that the American Red Cross is pre- sequester with a more responsible approach our communities. pared and equipped to assist those that need to deficit reduction. For more than four decades Senior Corps, food, shelter, and comfort during emergencies I regret that our nation’s air traffic controllers and its three programs—RSVP, Senior Com- and difficult times. were forced to reduce their level of service to panions, and Foster Grandparents—have To be named Heroes of the Heartland, the flying public due to this unfortunate con- proven to be a highly effective way to engage these six men responded in an extraordinary sequence of sequestration. I am privileged to Americans ages 55 and over in meeting na- fashion to what began as an ordinary game of represent many of this nation’s 20,000 control- tional and community needs. golf. On July 12, 2012, at the sixth tee box at lers and applaud them for working through this Each year Senior Corps provides opportuni- Indian Creek Country Club, Dennis Kjarland difficulty. ties for nearly 330,000 older Americans across suffered a heart attack. Without hesitation, Mr. Speaker, I urge my colleagues to sup- the nation, including approximately 1,700 in these six men responded to the life–threat- port this bill and thank our leadership for its Arizona to serve their communities. Foster ening situation by calling 911 and collectively consideration. Grandparents serve one-on-one as tutors and performing chest compressions and assisted f mentors to more than 1,400 young Arizonans breathing for 15 minutes before first respond- who have special needs. Senior Companions ers arrived. Because of their brave actions IN RECOGNITION OF THE 50TH help more than 860 homebound Arizona sen- and quick thinking, Mr. Kjarland recently had WEDDING ANNIVERSARY OF iors and other adults maintain independence the opportunity to celebrate his 70th birthday. STEVE AND CAROLYN WALLACE in their own homes. RSVP volunteers conduct The actions of these six men are truly an ex- safety patrols for local police departments, ample that our state can be proud of. HON. MIKE ROGERS protect the environment, tutor and mentor Mr. Speaker, the actions of these men that OF ALABAMA youth, respond to natural disasters, and pro- earned them each the title a ‘‘Hero of the IN THE HOUSE OF REPRESENTATIVES vide other services through more than 130 Heartland’’ are a testament to the humble, Monday, May 6, 2013 groups across Arizona. hardworking and helpful people who make up the great state of Iowa. I invite my colleagues Mr. ROGERS of Alabama. Mr. Speaker, I Senior Corps volunteers last year provided in the House to join me in congratulating these would like to pay tribute to a very special oc- more than 96.2 million hours of service, help- six men on a job well done, thanking the casion today—the 50th wedding anniversary ing to improve the lives of our most vulnerable American Red Cross serving Greater Iowa for of Steve and Carolyn Wallace. This event will citizens, strengthen our educational system; their life changing efforts, and wishing all of take place on May 4. protect our environment, provide independent those involved in the Heroes of the Heartland Clark Stephen Wallace was born on Novem- living services, and contribute to our public program continued success for years to come. ber 22, 1936, in Anniston, Alabama, and Han- safety. nah Caroline Allen was born on November 4, f Senior Corps volunteers build capacity of or- 1942, also in Anniston. They both lived on ganizations and communities by serving REDUCING FLIGHT DELAYS ACT Mulberry Avenue in Anniston for six years be- through more than 65,000 nonprofit, commu- OF 2013 fore going on their first date in 1963. After per- nity, educational, and faith-based community suasion from family and church members, groups nationwide. SPEECH OF Carolyn asked Steve to a Valentine’s Day At a time of mounting social needs and banquet at Glenaddie Baptist Church. Steve growing interest in service by older Americans, HON. TIMOTHY H. BISHOP accepted, and they were married three months there is an unprecedented opportunity to har- OF NEW YORK later on May 4, 1963, at the same church ness the talents of 55–plus volunteers to ad- IN THE HOUSE OF REPRESENTATIVES where they went on their first date. dress community challenges. Friday, April 26, 2013 Steve served six years in the United States Air Force and retired from the United States Service by older Americans helps volunteers Mr. BISHOP of New York. Mr. Speaker, I Post Office. Carolyn retired from the Calhoun by keeping them active, healthy, and engaged; rise in support of H.R. 1765, authorizing flexi- County School System where she was Assist- helps our communities by solving local prob- bility to the Secretary of Transportation for the ant Manager of the Saks Elementary School lems, and helps our nation by saving taxpayer purpose of transferring funds into the FAA op- lunchroom. dollars, reducing healthcare costs, and erations budget to prevent additional furloughs Together, Steve and Carolyn have two chil- strengthening our democracy. from further slowing commercial aviation traf- dren, Robert Clark Wallace and Rebecca Lu- The fourth annual Senior Corps Week, tak- fic. cille Wallace Griffin. They have three grand- ing place May 6–10, 2013, is a time to thank This is a commonsense action to ensure children, Robert Brandon Wallace, Michael Senior Corps volunteers for their service and that understaffing at air traffic control centers Stephen McLeroy and Zachary Hunter Wal- recognize their positive impact and value to does not compromise the safety of the flying lace. They have one great-grandchild, Alanna our communities and nation. public. In addition, reliable commercial aviation Jade Wallace. service underpins the business travel that is Steve and Carolyn are active members of f vital to America’s economy and is especially Saks Baptist Church in Anniston, Alabama. critical to America’s tourism industry as the Please join me in congratulating this lovely PERSONAL EXPLANATION summer vacation season approaches. couple on 50 years together. The celebration While this is a necessary action, it is just a will take place on May 4 at a reception with quick-fix and does not address the budget their friends and family members. HON. GEORGE MILLER shortfall that will prevent the FAA from per- OF CALIFORNIA forming all the important tasks our nation ex- f pects of it. Current air travel delays are only CELEBRATING SENIOR CORPS IN THE HOUSE OF REPRESENTATIVES one example of the counterproductive budget WEEK AND THE SERVICE OF Monday, May 6, 2013 cuts included in sequestration that will harm OLDER AMERICANS our economy. Mr. GEORGE MILLER of California. Mr. And while this bill takes one small step to HON. RAU´ L M. GRIJALVA Speaker, during the week of April 23rd, I missed roll Nos. 118 through 128 due to cata- provide relief, others in our community will still OF ARIZONA ract surgery. Had I been present, I would have feel the impact of sequestration: cancer pa- IN THE HOUSE OF REPRESENTATIVES tients will still find it difficult to access care be- voted ‘‘nay’’ on roll Nos. 120, 121, 122, 124, cause of the two percent Medicare reimburse- Monday, May 6, 2013 125, and 126. I would have voted ‘‘yea’’ on roll ment reduction, thousands of children will be Mr. GRIJALVA. Mr. Speaker, I rise today in Nos. 118, 119, 123, 127, and 128. shut out of a Head Start classroom, and sen- support of national Senior Corps week.

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K06MY8.009 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 6, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E599 SENATE COMMITTEE MEETINGS industry, H.R. 267, to improve hydro- New York, both to be a Member of the Title IV of Senate Resolution 4, power, and H.R. 678, to authorize all United States Sentencing Commission. Bureau of Reclamation conduit facili- SD–226 agreed to by the Senate of February 4, ties for hydropower development under 4 p.m. 1977, calls for establishment of a sys- Federal Reclamation law. Committee on Health, Education, Labor, tem for a computerized schedule of all SD–366 and Pensions meetings and hearings of Senate com- 2 p.m. Business meeting to consider the nomi- mittees, subcommittees, joint commit- Committee on Appropriations nation of Thomas Edward Perez, of tees, and committees of conference. Subcommittee on Financial Services and Maryland, to be Secretary of Labor, This title requires all such committees General Government and any pending nominations. To hold hearings to examine proposed SD–430 to notify the Office of the Senate Daily budget estimates for fiscal year 2014 for Digest—designated by the Rules Com- the Department of the Treasury and MAY 9 mittee—of the time, place and purpose the Internal Revenue Service. of the meetings, when scheduled and SD–138 9:15 a.m. any cancellations or changes in the Commission on Security and Cooperation Committee on Environment and Public meetings as they occur. in Europe Works As an additional procedure along To hold hearings to examine Ukraine’s Business meeting to consider the nomi- with the computerization of this infor- leadership of the Organization for Se- nation of Regina McCarthy, of Massa- curity and Co-operation in Europe chusetts, to be Administrator of the mation, the Office of the Senate Daily (OSCE), focusing on finding new ways Environmental Protection Agency. Digest will prepare this information for to address protracted regional con- SD–406 printing in the Extensions of Remarks flicts, energy security, and human di- 9:30 a.m. section of the CONGRESSIONAL RECORD mension issues such as human traf- Committee on the Judiciary on Monday and Wednesday of each ficking, tolerance, media freedom, Business meeting to consider S. 744, to week. democratic elections and election ob- provide for comprehensive immigration Meetings scheduled for Tuesday, May servation, and efforts to improve im- reform, and the nominations of 7, 2013 may be found in the Daily Di- plementation of commitments regard- Srikanth Srinivasan, of Virginia, to be ing fundamental human rights and gest of today’s record. United States Circuit Judge for the freedom. District of Columbia Circuit, Raymond SD–562 T. Chen, of Maryland, to be United MEETINGS SCHEDULED Joint Economic Committee States Circuit Judge for the Federal MAY 8 To continue hearings to examine immi- Circuit, and Jennifer A. Dorsey, to be gration and its contribution to our eco- United States District Judge for the 9 a.m. nomic strength. District of Nevada. Committee on the Judiciary SH–216 SH–216 Subcommittee on Crime and Terrorism 2:30 p.m. 10 a.m. To hold hearings to examine cyber Committee on Appropriations threats, focusing on law enforcement Subcommittee on Energy and Water Devel- Committee on Appropriations and private sector responses. opment Subcommittee on Agriculture, Rural De- SD–226 To hold hearings to examine proposed velopment, Food and Drug Administra- 9:30 a.m. budget estimates for fiscal year 2014 for tion, and Related Agencies Committee on Armed Services the Army Corps of Engineers and Bu- To hold hearings to examine proposed Subcommittee on Airland reau of Reclamation. budget estimates for fiscal year 2014 for To hold hearings to examine Army mod- SD–192 the Department of Agriculture. ernization in review of the Defense Au- Committee on Armed Services SD–124 thorization Request for fiscal year 2014 Subcommittee on Strategic Forces Committee on Appropriations and the Future Years Defense Pro- To hold hearings to examine strategic Subcommittee on Transportation and gram. forces programs of the National Nu- Housing and Urban Development, and SR–222 clear Security Administration and the Related Agencies Committee on Armed Services Department of Energy’s Office of Envi- To hold hearings to examine an overview Subcommittee on SeaPower ronmental Management in review of of the Federal Housing Administration. To hold hearings to examine Navy ship- the Defense Authorization Request for SD–138 building programs in review of the De- fiscal year 2014 and the Future Years Committee on Health, Education, Labor, fense Authorization Request for fiscal Defense Program. and Pensions year 2014 and the Future Years Defense SR–232A To hold hearings to examine pharma- Program. Committee on Commerce, Science, and ceutical compounding, focusing on a SR–232A Transportation proposed legislative solution. 10 a.m. To hold hearings to examine the role of SD–430 Committee on Appropriations immigrants in America’s innovation Committee on Veterans’ Affairs Subcommittee on Department of Defense economy. To hold hearings to examine pending To hold hearings to examine proposed SR–253 health care legislation. budget estimates for fiscal year 2014 for Committee on Homeland Security and SR–418 the Air Force. Governmental Affairs 2 p.m. SD–192 Subcommittee on Emergency Manage- Committee on Appropriations Committee on Homeland Security and ment, Intergovernmental Relations, Subcommittee on Military Construction Governmental Affairs and the District of Columbia To hold hearings to examine curbing To hold hearings to examine the role of and Veterans Affairs, and Related Federal agency waste and fraud, focus- the private sector in preparedness and Agencies ing on new steps to strengthen the in- emergency response. To hold hearings to examine proposed tegrity of Federal payments. SD–342 budget estimates for fiscal year 2014 for SD–342 Committee on Indian Affairs the Departments of Defense and Navy. Committee on Small Business and Entre- To hold hearings to examine S. 434, to SD–124 preneurship authorize and implement the water 2:30 p.m. To hold hearings to examine strength- rights compact among the Blackfeet Committee on Armed Services ening the entrepreneurial ecosystem Tribe of the Blackfeet Indian Reserva- Subcommittee on Strategic Forces for minority women. tion and the State of Montana, and S. To hold hearings to examine ballistic SD–106 611, to make a technical amendment to missile defense policies and programs 11:30 a.m. the T’uf Shur Bien Preservation Trust in review of the Defense Authorization Committee on Energy and Natural Re- Area Act. Request for fiscal year 2014 and the Fu- sources SD–628 ture Years Defense Program; with the Business meeting to consider S. 306, to Committee on the Judiciary possibility of a closed session in SVC– authorize all Bureau of Reclamation To hold hearings to examine the nomina- 217 following the open session. conduit facilities for hydropower devel- tions of Patricia E. Campbell-Smith, of SR–222 opment under Federal Reclamation the District of Columbia, to be a Judge Select Committee on Intelligence law, S. 545, to improve hydropower, S. of the United States Court of Federal To hold closed hearings to examine cer- 761, to promote energy savings in resi- Claims, and William H. Pryor, Jr., of tain intelligence matters. dential and commercial buildings and Alabama, and Rachel Elise Barkow, of SH–219

VerDate Mar 15 2010 02:21 May 07, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M06MY8.000 E06MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E600 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2013 MAY 13 10 a.m. 3:30 p.m. 3 p.m. Committee on Health, Education, Labor, Committee on Armed Services Committee on Homeland Security and and Pensions Subcommittee on Strategic Forces Governmental Affairs To hold hearings to examine certain Closed business meeting to markup those nominations. To hold hearings to examine the nomina- provisions which fall under the sub- SD–430 tion of Brian C. Deese, of Massachu- committee’s jurisdiction of the pro- setts, to be Deputy Director of the Of- posed National Defense Authorization MAY 22 fice of Management and Budget. Act for fiscal year 2014. SD–342 10 a.m. SR–232A Joint Economic Committee 6 p.m. MAY 14 To hold hearings to examine the current Committee on Armed Services economic outlook. Subcommittee on Emerging Threats and 9:30 a.m. SH–216 Capabilities Committee on Armed Services Closed business meeting to markup those Subcommittee on SeaPower JUNE 4 provisions which fall under the sub- To hold hearings to examine Marine 2:30 p.m. committee’s jurisdiction of the pro- Corps modernization in review of the Committee on Commerce, Science, and posed National Defense Authorization Defense Authorization Request for fis- Transportation Act for fiscal year 2014. cal year 2014 and the Future Years De- Subcommittee on Communications, Tech- SR–232A fense Program. nology, and the Internet SR–222 To hold hearings to examine the state of JUNE 12 10:30 a.m. wireless communications. 9:30 a.m. Committee on Commerce, Science, and SR–253 Committee on Armed Services Transportation Subcommittee on SeaPower Subcommittee on Communications, Tech- JUNE 11 Closed business meeting to markup those nology, and the Internet 9:30 a.m. provisions which fall under the sub- To hold hearings to examine the state of Committee on Armed Services committee’s jurisdiction of the pro- video. Subcommittee on Airland posed National Defense Authorization SR–253 Business meeting to markup those provi- Act for fiscal year 2014. 2:30 p.m. sions which fall under the subcommit- SR–222 Committee on Armed Services tee’s jurisdiction of the proposed Na- 2:30 p.m. To receive a closed briefing on the situa- tional Defense Authorization Act for Committee on Armed Services tion in Syria. fiscal year 2014. Closed business meeting to markup the SVC–217 SD–G50 proposed National Defense Authoriza- 11 a.m. tion Act for fiscal year 2014. MAY 15 Committee on Armed Services SR–222 2:30 p.m. Subcommittee on Readiness and Manage- Committee on Indian Affairs ment Support JUNE 13 Business meeting to markup those provi- To hold an oversight hearing to examine 9:30 a.m. the views and priorities of Interior Sec- sions which fall under the subcommit- tee’s jurisdiction of the proposed Na- Committee on Armed Services retary Jewell with regard to matters of tional Defense Authorization Act for Closed business meeting to continue to Indian affairs. fiscal year 2014. markup the proposed National Defense SD–628 SD–G50 Authorization Act for fiscal year 2014. 2 p.m. SR–222 MAY 16 Committee on Armed Services 9:30 a.m. Subcommittee on Personnel JUNE 14 Committee on Armed Services Business meeting to markup those provi- 9:30 a.m. To hold hearings to examine the law of sions which fall under the subcommit- Committee on Armed Services armed conflict, the use of military tee’s jurisdiction of the proposed Na- Closed business meeting to continue to force, and the 2001 Authorization for tional Defense Authorization Act for markup the proposed National Defense Use of Military Force. fiscal year 2014. Authorization Act for fiscal year 2014. SD–106 SD–G50 SR–222

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed S. 743, Marketplace Fairness Act, as amended. Senate Nominations Received: Senate received the fol- Chamber Action lowing nominations: Routine Proceedings, pages S3069–S3098 Colin Stirling Bruce, of Illinois, to be United Measures Introduced: Twelve bills and two resolu- States District Judge for the Central District of Illi- tions were introduced, as follows: S. 856–867, and nois. S. Res. 128–129. Page S3091 Sara Lee Ellis, of Illinois, to be United States Dis- Measures Passed: trict Judge for the Northern District of Illinois. Andrea R. Wood, of Illinois, to be United States Marketplace Fairness Act: By 69 yeas to 27 nays District Judge for the Northern District of Illinois. (Vote No. 113), Senate passed S. 743, to restore States’ sovereign rights to enforce State and local 2 Air Force nominations in the rank of general. sales and use tax laws, after taking action on the fol- 24 Army nominations in the rank of general. lowing amendments proposed thereto: Pages S3081–84 2 Marine Corps nominations in the rank of gen- Adopted: eral. 2 Navy nominations in the rank of admiral. By 70 yeas to 24 nays (Vote No. 112), Reid (for Enzi) Amendment No. 741, of a perfecting nature. Routine lists in the Foreign Service and Navy. Pages S3097–98 Pages S3081–82 Withdrawn: Nomination Withdrawn: Senate received notifica- tion of withdrawal of the following nomination: Durbin Amendment No. 745 (to Amendment No. A routine list in the Navy. Page S3098 741), to change the enactment date. Page S3081 Messages from the House: Pages S3090–91 Water Resources Development Act—Agreement: A unanimous-consent agreement was reached pro- Measures Referred: Page S3091 viding that the cloture motion with respect to the Additional Cosponsors: Pages S3091–93 motion to proceed to consideration of S. 601, to pro- Statements on Introduced Bills/Resolutions: vide for the conservation and development of water Pages S3093–97 and related resources, to authorize the Secretary of Additional Statements: Pages S3087–90 the Army to construct various projects for improve- ments to rivers and harbors of the United States, be Notices of Hearings/Meetings: Page S3097 withdrawn; and, that at 2:15 p.m., on Tuesday, May Record Votes: Two record votes were taken today. 7, 2013, the motion to proceed to consideration of (Total—113) Pages S3082–83 the bill, be agreed to, and Senate begin consideration Adjournment: Senate convened at 2 p.m. and ad- of the bill. Page S3079 journed at 7 p.m., until 10 a.m. on Tuesday, May Medine Nomination—Agreement: A unanimous- 7, 2013. (For Senate’s program, see the remarks of consent agreement was reached providing that at ap- the Majority Leader in today’s Record on page proximately 11 a.m., on Tuesday, May 7, 2013, Sen- S3097.) ate begin consideration of the nomination of David Medine, of Maryland, to be Chairman and Member Committee Meetings of the Privacy and Civil Liberties Oversight Board, as provided for under the order of Thursday, April (Committees not listed did not meet) 25, 2013. Page S3097 No committee meetings were held.

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VerDate Mar 15 2010 02:45 Apr 24, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 5627 Sfmt 0627 E:\RECORD13\RECFILES\MAY2013\D06MY3.REC D06MY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 6, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D397 House of Representatives on pages H2412, H2413, H2413–14. There were no Chamber Action quorum calls. Public Bills and Resolutions Introduced: 15 pub- Adjournment: The House met at 12 noon and ad- lic bills, H.R. 1827–1841; and 4 resolutions, H. journed at 10 p.m. Res. 197, 199–201 were introduced. Pages H2436–37 Additional Cosponsors: Pages H2437–39 Committee Meetings Report Filed: A report was filed today as follows: WORKING FAMILIES FLEXIBILITY ACT OF H. Res. 198, providing for consideration of the 2013 bill (H.R. 1406) to amend the Fair Labor Standards Act of 1938 to provide compensatory time for em- Committee on Rules: Full Committee held a hearing on ployees in the private sector (H. Rept. 113–51). H.R. 1406, the ‘‘Working Families Flexibility Act Pages H2414, H2436 of 2013’’. The Committee granted, by voice vote, a structured rule for H.R. 1406. The rule provides one Speaker: Read a letter from the Speaker wherein he hour of debate equally divided and controlled by the appointed Representative Bentivolio to act as Speak- chair and ranking minority member of the Com- er pro tempore for today. Page H2407 mittee on Education and the Workforce. The rule Recess: The House recessed at 12:08 p.m. and re- waives all points of order against consideration of the convened at 2 p.m. Page H2408 bill. The rule provides that the amendment in the Recess: The House recessed at 2:08 p.m. and recon- nature of a substitute recommended by the Com- vened at 5:07 p.m. Page H2409 mittee on Education and the Workforce now printed in the bill shall be considered as adopted and the Suspensions: The House agreed to suspend the rules bill, as amended, shall be considered as read. The and pass the following measures: rule waives all points of order against provisions in Vietnam Veterans Donor Acknowledgment Act the bill, as amended. The rule makes in order only of 2013: H.R. 588, to provide for donor contribu- the further amendment printed in the Rules Com- tion acknowledgments to be displayed at the Viet- mittee report, if offered by Representative Gibson of nam Veterans Memorial Visitor Center, by a 2⁄3 yea- New York or his designee. The amendment shall be and-nay vote of 398 yeas to 2 nays, Roll No. 129; considered as read, shall be separately debatable for Pages H2409–10, H2412–13 10 minutes equally divided and controlled by the Black Hills Cemetery Act: H.R. 291, to provide proponent and an opponent, shall not be subject to for the conveyance of certain cemeteries that are lo- amendment, and shall not be subject to a demand cated on National Forest System land in Black Hills for division of the question. The rule waives all National Forest, South Dakota, by a 2⁄3 yea-and-nay points of order against the amendment printed in vote of 390 yeas to 2 nays, Roll No. 130; and the report. The rule provides one motion to recom- Pages H2410–11, H2413 mit with or without instructions. Testimony was heard from Representatives Roby and Courtney. Pascua Yaqui Tribe Trust Land Act: H.R. 507, to provide for the conveyance of certain land ONGOING INTELLIGENCE ACTIVITIES inholdings owned by the United States to the Pascua House Permanent Select Committee on Intelligence: Full Yaqui Tribe of Arizona, by a 2⁄3 yea-and-nay vote of Committee held a hearing entitled ‘‘Ongoing Intel- 401 yeas to 2 nays, Roll No. 131. ligence Activities’’. This was a closed hearing. Pages H2411–12, H2413–14 Recess: The House recessed at 5:21 p.m. and recon- Joint Meetings vened at 6:31 p.m. Page H2412 DEMOCRACY IN ALBANIA Authorizing the use of the Capitol Grounds for Commission on Security and Cooperation in Europe: Com- the National Honor Guard and Pipe Band Exhi- mission concluded a hearing to examine democracy bition: The House agreed to discharge from com- in Albania, focusing on the pace of progress, includ- mittee and agree to H. Con. Res. 32, to authorize ing the building of its democratic institutions and the use of the Capitol Grounds for the National practices, and respect for the rule of law, after receiv- Honor Guard and Pipe Band Exhibition. Page H2414 ing testimony from Philip T. Reeker, Deputy Assist- Quorum Calls—Votes: Three yea-and-nay votes de- ant Secretary of State for European and Eurasian Af- veloped during the proceedings of today and appear fairs; Elez Biberaj, Director, Eurasia Division, Voice

VerDate Mar 15 2010 02:45 Apr 24, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 5627 Sfmt 0627 E:\RECORD13\RECFILES\MAY2013\D06MY3.REC D06MY3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D398 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2013 of America, Broadcasting Board of Governors; Gil- Committee on Commerce, Science, and Transportation: Sub- bert Galanxhi, Ambassador of Albania to the United committee on Consumer Protection, Product Safety, and States of America, Washington, D.C.; and Besa Insurance, to hold hearings to examine credit reports, fo- Shahini, European Stability Initative, Tirana, Alba- cusing on what accuracy and errors mean for consumers, nia. 2:30 p.m., SR–253. Committee on Energy and Natural Resources: to hold hear- f ings to examine H.R. 527, to amend the Helium Act to complete the privatization of the Federal helium reserve NEW PUBLIC LAWS in a competitive market fashion that ensures stability in (For last listing of Public Laws, see DAILY DIGEST, p. D324) the helium markets while protecting the interests of American taxpayers, 9:30 a.m., SD–366. H.R. 1246, to amend the District of Columbia Committee on Foreign Relations: to hold hearings to exam- Home Rule Act to provide that the District of Co- ine the nominations of James Knight, of Alabama, to be lumbia Treasurer or one of the Deputy Chief Finan- Ambassador to the Republic of Chad, and Deborah Kay cial Officers of the Office of the Chief Financial Offi- Jones, of New Mexico, to be Ambassador to Libya, both cer of the District of Columbia may perform the of the Department of State, 10 a.m., SD–419. functions and duties of the Office in an acting capac- Committee on Homeland Security and Governmental Affairs: ity if there is a vacancy in the Office. Signed on May to hold hearings to examine border security, focusing on 1, 2013. (Public Law 113–8) S. 744, to provide for comprehensive immigration reform, H.R. 1765, to provide the Secretary of Transpor- 10:30 a.m., SD–342. tation with the flexibility to transfer certain funds to Select Committee on Intelligence: to hold closed hearings to prevent reduced operations and staffing of the Fed- examine certain intelligence matters, 2:30 p.m., SH–219. eral Aviation Administration. Signed on May 1, House 2013. (Public Law 113–9) Committee on Appropriations Subcommittee on Interior, f Environment and Related Agencies, hearing on Bureau of Land Management Budget, 9:30 a.m., B–308 Rayburn. COMMITTEE MEETINGS FOR TUESDAY, Subcommittee on Defense, hearing on Navy and Ma- MAY 7, 2013 rine Corps Budget, 10 a.m., H–140 Capitol. Subcommittee on Financial Services and General Gov- (Committee meetings are open unless otherwise indicated) ernment, hearing on Securities and Exchange Commission Budget, 2 p.m., 2359 Rayburn. Senate Committee on Education and the Workforce, Full Com- Committee on Appropriations: Subcommittee on Legisla- mittee, hearing entitled ‘‘Raising the Bar: Exploring State tive Branch, to hold hearings to examine proposed budget and Local Efforts to Improve Accountability’’, 10 a.m., estimates for fiscal year 2014 for the Library of Congress 2175 Rayburn. and the Open World Leadership Center, 9:30 a.m., Committee on Energy and Commerce, Subcommittee on En- SD–138. ergy and Power, hearing entitled ‘‘U.S. Energy Abun- Subcommittee on State, Foreign Operations, and Re- dance: Exports and the Changing Global Energy Land- lated Programs, to hold hearings to examine proposed scape’’, 10 a.m., 2123 Rayburn. budget estimates for fiscal year 2014 for the United Subcommittee on Commerce, Manufacturing, and States Agency for International Development, 10:15 a.m., Trade, hearing entitled ‘‘Vacation Nation: How Tourism SD–192. Benefits Our Economy’’, 10:30 a.m., 2322 Rayburn. Subcommittee on Department of the Interior, Environ- Subcommittee on Health, markup on H.R. 1407, to ment, and Related Agencies, to hold hearings to examine amend the Federal Food, Drug, and Cosmetic Act to re- proposed budget estimates for fiscal year 2014 for the authorize user fee programs relating to new animal drugs; Department of the Interior, 10:30 a.m., SD–124. and legislation to amend the Federal Food, Drug, and Committee on Armed Services: to hold hearings to examine Cosmetic Act with respect to the pharmaceutical distribu- the Department of the Air Force in review of the Defense tion supply chain, and for other purposes, 4 p.m., 2123 Authorization Request for fiscal year 2014 and the Future Rayburn. Years Defense Program, 9:30 a.m., SH–216. Committee on Financial Services, Full Committee, markup Subcommittee on Strategic Forces, to hold hearings to on the following measures: H.R. 701, to amend a provi- examine National Nuclear Security Administration man- sion of the Securities Act of 1933 directing the Securities agement of its National Security Laboratories in review of and Exchange Commission to add a particular class of se- the Defense Authorization Request for fiscal year 2014 curities to those exempted under such Act to provide a and the Future Years Defense Program, 2:30 p.m., deadline for such action; H.R. 801, the ‘‘Holding Com- SR–222. pany Registration Threshold Equalization Act of 2013’’; Committee on Banking, Housing, and Urban Affairs: to H.R. 742, the ‘‘Swap Data Repository and Clearinghouse hold hearings to examine the nomination of Fred P. Indemnification Correction Act of 2013’’; H.R. 1341, the Hochberg, of New York, to be President of the Export- ‘‘Financial Competitive Act of 2013’’; H.R. 634, the Import Bank of the United States, 10:15 a.m., SD–538. ‘‘Business Risk Mitigation and Price Stabilization Act of

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Subcommittee on Africa, Global Health, Global of the Privacy and Civil Liberties Oversight Board, Human Rights, and International Organizations, hearing with a vote on confirmation of the nomination, at entitled ‘‘Increasing American Jobs through Greater Ex- approximately 12 p.m. ports to Africa’’, 2 p.m., 2172 Rayburn. On Tuesday, at 2:15 p.m., Senate will begin con- Committee on the Judiciary, Full Committee, markup on sideration of S. 601, Water Resources Development legislation to Create an Over-Criminalization Task Force; Act. H.R. 180, the ‘‘National Blue Alert Act of 2013’’; and During the balance of the week, Senate may con- H. Res. 196, a resolution supporting the Sixth Amend- sider any cleared legislative and executive business. ment to the United States Constitution, the right to counsel, 10 a.m., 2141 Rayburn. Senate Committees Committee on Natural Resources, Subcommittee on Public (Committee meetings are open unless otherwise indicated) Lands and Environmental Regulation, hearing entitled Committee on Appropriations: May 7, Subcommittee on ‘‘Impediments to Public Recreation on Public Lands’’, 10 Legislative Branch, to hold hearings to examine proposed a.m., 1324 Longworth. budget estimates for fiscal year 2014 for the Library of Committee on Oversight and Government Reform, Sub- Congress and the Open World Leadership Center, 9:30 committee on Economic Growth, Job Creation and Regu- a.m., SD–138. latory Affairs; and Committee on the Judiciary Sub- May 7, Subcommittee on State, Foreign Operations, committee on The Constitution and Civil Justice, joint and Related Programs, to hold hearings to examine pro- hearing entitled ‘‘DOJ’s Quid Pro Quo with St. Paul: A posed budget estimates for fiscal year 2014 for the Whistleblower’s Perspective’’, 10 a.m., 2154 Rayburn. United States Agency for International Development, Committee on Rules, Full Committee, hearing on H.R. 10:15 a.m., SD–192. 807, the ‘‘Full Faith and Credit Act’’, 3 p.m., H–313 May 7, Subcommittee on Department of the Interior, Capitol. Environment, and Related Agencies, to hold hearings to Committee on Science, Space, and Technology, Subcommittee examine proposed budget estimates for fiscal year 2014 on Energy; and Subcommittee on Environment, hearing for the Department of the Interior, 10:30 a.m., SD–124. entitled ‘‘Keystone XL Pipeline: Examination of Scientific May 8, Subcommittee on Department of Defense, to and Environmental Issues’’, 10 a.m., 2318 Rayburn. hold hearings to examine proposed budget estimates for Committee on Veterans’ Affairs, Subcommittee on Over- fiscal year 2014 for the Air Force, 10 a.m., SD–192. sight and Investigations, hearing entitled ‘‘VA Construc- May 8, Subcommittee on Financial Services and Gen- tion Policy: Failed Plans Result In Plans That Fail’’, 2 eral Government, to hold hearings to examine proposed p.m., 334 Cannon. budget estimates for fiscal year 2014 for the Department Committee on Ways and Means, Subcommittee on Health, of the Treasury and the Internal Revenue Service, 2 p.m., hearing entitled ‘‘Developing a Viable Medicare Physician SD–138. Payment Policy’’, 10 a.m., 1100 Longworth. May 8, Subcommittee on Energy and Water Develop- ment, to hold hearings to examine proposed budget esti- Joint Meetings mates for fiscal year 2014 for the Army Corps of Engi- neers and Bureau of Reclamation, 2:30 p.m., SD–192. Joint Economic Committee: to hold hearings to examine May 9, Subcommittee on Transportation and Housing immigration and its contribution to our economic and Urban Development, and Related Agencies, to hold strength, 9:30 a.m., SD–562. hearings to examine an overview of the Federal Housing Joint Committee on Printing: with the Joint Committee Administration, 10 a.m., SD–138. on the Library, organizational business meeting to con- May 9, Subcommittee on Agriculture, Rural Develop- sider committee’s rules of procedure and budget for the ment, Food and Drug Administration, and Related Agen- 113th Congress, 10 a.m., SC–04, Capitol. cies, to hold hearings to examine proposed budget esti- Joint Committee on the Library: with the Joint Com- mates for fiscal year 2014 for the Department of Agri- mittee on Printing, organizational business meeting to culture, 10 a.m., SD–124. consider committee’s rules of procedure and budget for May 9, Subcommittee on Military Construction and the 113th Congress, 10 a.m., SC–04, Capitol. Veterans Affairs, and Related Agencies, to hold hearings to examine proposed budget estimates for fiscal year 2014 for the Departments of Defense and Navy, 2 p.m., SD–124.

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Committee on Armed Services: May 7, to hold hearings to McCarthy, of Massachusetts, to be Administrator of the examine the Department of the Air Force in review of the Environmental Protection Agency, 9:15 a.m., SD–406. Defense Authorization Request for fiscal year 2014 and Committee on Foreign Relations: May 7, to hold hearings the Future Years Defense Program, 9:30 a.m., SH–216. to examine the nominations of James Knight, of Ala- May 7, Subcommittee on Strategic Forces, to hold bama, to be Ambassador to the Republic of Chad, and hearings to examine National Nuclear Security Adminis- Deborah Kay Jones, of New Mexico, to be Ambassador tration management of its National Security Laboratories to Libya, both of the Department of State, 10 a.m., in review of the Defense Authorization Request for fiscal SD–419. year 2014 and the Future Years Defense Program, 2:30 Committee on Health, Education, Labor, and Pensions: May p.m., SR–222. 8, business meeting to consider the nomination of Thom- May 8, Subcommittee on SeaPower, to hold hearings as Edward Perez, of Maryland, to be Secretary of Labor, to examine Navy shipbuilding programs in review of the and any pending nominations, 4 p.m., SD–430. Defense Authorization Request for fiscal year 2014 and May 9, Full Committee, to hold hearings to examine the Future Years Defense Program, 9:30 a.m., SR–232A. pharmaceutical compounding, focusing on a proposed leg- May 8, Subcommittee on Airland, to hold hearings to islative solution, 10 a.m., SD–430. examine Army modernization in review of the Defense Committee on Homeland Security and Governmental Affairs: Authorization Request for fiscal year 2014 and the Future May 7, to hold hearings to examine border security, fo- Years Defense Program, 9:30 a.m., SR–222. May 8, Subcommittee on Strategic Forces, to hold cusing on S. 744, to provide for comprehensive immigra- hearings to examine strategic forces programs of the Na- tion reform, 10:30 a.m., SD–342. tional Nuclear Security Administration and the Depart- May 8, Full Committee, to hold hearings to examine ment of Energy’s Office of Environmental Management in curbing Federal agency waste and fraud, focusing on new review of the Defense Authorization Request for fiscal steps to strengthen the integrity of Federal payments, 10 year 2014 and the Future Years Defense Program, 2:30 a.m., SD–342. p.m., SR–232A. May 8, Subcommittee on Emergency Management, May 9, Subcommittee on Strategic Forces, to hold Intergovernmental Relations, and the District of Colum- hearings to examine ballistic missile defense policies and bia, to hold hearings to examine the role of the private programs in review of the Defense Authorization Request sector in preparedness and emergency response, 2:30 for fiscal year 2014 and the Future Years Defense Pro- p.m., SD–342. gram; with the possibility of a closed session in SVC–217 Committee on Indian Affairs: May 8, to hold hearings to following the open session, 2:30 p.m., SR–222. examine S. 434, to authorize and implement the water Committee on Banking, Housing, and Urban Affairs: May rights compact among the Blackfeet Tribe of the Black- 7, to hold hearings to examine the nomination of Fred feet Indian Reservation and the State of Montana, and S. P. Hochberg, of New York, to be President of the Ex- 611, to make a technical amendment to the T’uf Shur port-Import Bank of the United States, 10:15 a.m., Bien Preservation Trust Area Act, 2:30 p.m., SD–628. SD–538. Committee on the Judiciary: May 8, Subcommittee on Committee on Commerce, Science, and Transportation: May Crime and Terrorism, to hold hearings to examine cyber 7, Subcommittee on Consumer Protection, Product Safe- threats, focusing on law enforcement and private sector ty, and Insurance, to hold hearings to examine credit re- responses, 9 a.m., SD–226. ports, focusing on what accuracy and errors mean for con- May 8, Full Committee, to hold hearings to examine sumers, 2:30 p.m., SR–253. the nominations of Patricia E. Campbell-Smith, of the May 8, Full Committee, to hold hearings to examine District of Columbia, to be a Judge of the United States the role of immigrants in America’s innovation economy, Court of Federal Claims, and William H. Pryor, Jr., of 2:30 p.m., SR–253. Alabama, and Rachel Elise Barkow, of New York, both Committee on Energy and Natural Resources: May 7, to to be a Member of the United States Sentencing Commis- hold hearings to examine H.R. 527, to amend the He- lium Act to complete the privatization of the Federal he- sion, 2:30 p.m., SD–226. lium reserve in a competitive market fashion that ensures May 9, Full Committee, business meeting to consider stability in the helium markets while protecting the in- S. 744, to provide for comprehensive immigration reform, terests of American taxpayers, 9:30 a.m., SD–366. and the nominations of Srikanth Srinivasan, of Virginia, May 8, Full Committee, business meeting to consider to be United States Circuit Judge for the District of Co- S. 306, to authorize all Bureau of Reclamation conduit fa- lumbia Circuit, Raymond T. Chen, of Maryland, to be cilities for hydropower development under Federal Rec- United States Circuit Judge for the Federal Circuit, and lamation law, S. 545, to improve hydropower, S. 761, to Jennifer A. Dorsey, to be United States District Judge for promote energy savings in residential and commercial the District of Nevada, 9:30 a.m., SH–216. buildings and industry, H.R. 267, to improve hydro- Committee on Small Business and Entrepreneurship: May 8, power, and H.R. 678, to authorize all Bureau of Rec- to hold hearings to examine strengthening the entrepre- lamation conduit facilities for hydropower development neurial ecosystem for minority women, 10 a.m., SD–106. under Federal Reclamation law, 11:30 a.m., SD–366. Committee on Veterans’ Affairs: May 9, to hold hearings Committee on Environment and Public Works: May 9, busi- to examine pending health care legislation, 10 a.m., ness meeting to consider the nomination of Regina SR–418.

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Select Committee on Intelligence: May 7, to hold closed the ‘‘Denali National Park Improvement Act’’; H.R. 995, hearings to examine certain intelligence matters, 2:30 the ‘‘Organ Mountains National Monument Establish- p.m., SH–219. ment Act’’; and H.R. 1411, the ‘‘California Coastal Na- May 9, Full Committee, to hold closed hearings to ex- tional Monument Expansion Act of 2013’’, 10 a.m., 1324 amine certain intelligence matters, 2:30 p.m., SH–219. Longworth. Committee on Oversight and Government Reform, May 8, House Committees Full Committee, hearing entitled ‘‘Benghazi: Exposing Committee on Appropriations, May 8, Subcommittee on Failure and Recognizing Courage’’, 11:30 a.m., 2154 Interior, Environment and Related Agencies, hearing on Rayburn. Environmental Protection Agency Budget, 1 p.m., 2359 May 9, Subcommittee on Government Operations hear- Rayburn. ing entitled ‘‘Federal Government Approaches to Issuing May 8, Subcommittee on Defense, hearing on Army Biometric IDs’’, 9 a.m., 2154 Rayburn. Budget, 1 p.m., H–140 Capitol. May 9, Subcommittee on Federal Workforce, U.S. May 9, Subcommittee on Defense, hearing on Air Postal Service, and the Census, hearing entitled ‘‘Is OPM Force Budget, 9:30 a.m., H–140 Capitol. Processing Federal Worker Pension Claims on Time?’’, Committee on Armed Services, May 8, Full Committee, 9:30 a.m., 2247 Rayburn. hearing on National Defense Priorities from Members for Committee on Science, Space, and Technology, May 9, Sub- the FY 2014 National Defense Authorization Act, 12:30 committee on Space; and Subcommittee on Research, p.m., 2118 Rayburn. hearing entitled ‘‘Exoplanet Discoveries: Have We Found May 8, Subcommittee on Strategic Forces, hearing on Other Earths?’’, 10 a.m., 2318 Rayburn. Fiscal Year 2014 National Defense Authorization Budget Committee on Small Business, May 8, Full Committee, Request for Missile Defense Programs, 3 p.m., 2212 Ray- hearing entitled ‘‘Retrospective Review: Have Existing burn. Regulatory Burdens on Small Businesses Been Reduced?’’, May 9, Subcommittee on Strategic Forces, hearing on 1 p.m., 2360 Rayburn. Fiscal Year 2014 Budget Request for Atomic Energy De- May 9, Subcommittee on Health and Technology, fense Activities and Nuclear Forces Programs, 9 a.m., hearing entitled ‘‘The Health Insurance Fee: Impact on 2118 Rayburn. Small Businesses’’, 10 a.m., 2360 Rayburn. Committee on Energy and Commerce, May 9, Subcommittee Committee on Transportation and Infrastructure, May 9, on Energy and Power, hearing entitled ‘‘American Energy Full Committee, markup on H.R. 3, the ‘‘Northern Security and Innovation: Grid Reliability Challenges in a Route Approval Act’’; and H.R. 1092, to designate the Shifting Energy Resource Landscape’’, 9:30 a.m., 2123 air route traffic control center located in Nashua, New Rayburn. Hampshire, as the ‘‘Patricia Clark Boston Air Route Traf- Committee on Financial Services, May 8, Subcommittee on fic Control Center’’, 9:30 a.m., 2167 Rayburn. Monetary Policy and Trade, hearing entitled ‘‘Reauthor- Committee on Veterans’ Affairs, May 8, Full Committee, izing the Defense Production Act’’, 2 p.m., 2128 Ray- markup on the following legislation: H.R. 671, the burn. ‘‘Ruth Moore Act of 2013’’; H.R. 1405, to amend title Committee on Foreign Affairs, May 8, Subcommittee on 38, United States Code, to require the Secretary of Vet- Europe, Eurasia, and Emerging Threats, hearing entitled erans Affairs to include an appeals form in any notice of ‘‘The Threat of China’s Unsafe Consumables’’, 2 p.m., decision issued for the denial of a benefit sought; H.R. 2172 Rayburn. 570, the ‘‘American Heroes COLA Act’’; H.R. 1412, the May 9, Subcommittee on Africa, Global Health, Glob- ‘‘Improving Job Opportunities for Veterans Act of 2013’’; al Human Rights, and International Organizations, hear- H.R. 357, the ‘‘GI Bill Tuition Fairness Act of 2013’’; ing entitled ‘‘Resolving International Parental Child Ab- and H.R. 602, the ‘‘Veterans 2nd Amendment Protection ductions to Non-Hague Convention Countries’’, 10 a.m., Act’’, 9 a.m., 334 Cannon. 2172 Rayburn. Committee on Ways and Means, Committee on Homeland Security, May 8, Subcommittee May 8, Subcommittee on on Transportation Security, hearing entitled ‘‘TSA Pro- Oversight, hearing entitled ‘‘Internal Revenue Service’s curement Reform: Saving Taxpayer Dollars Through Colleges and Universities Compliance Project’’, 2 p.m., Smarter Spending Practices’’, 1:30 p.m., 311 Cannon. 1100 Longworth. May 9, Full Committee, hearing entitled ‘‘The Boston May 9, Subcommittee on Human Resources, hearing Bombings: A First Look’’, 9 a.m., 311 Cannon. entitled ‘‘Letting Kids Be Kids: Balancing Safety with Committee on Natural Resources, May 8, Full Committee, Opportunity for Foster Youth’’, 9:30 a.m., 1100 Long- hearing entitled ‘‘DOI Hydraulic Fracturing Rule: A Rec- worth. ipe for Government Waste, Duplication and Delay’’, 10 House Permanent Select Committee on Intelligence, May 9, a.m., 1324 Longworth. Full Committee, hearing entitled ‘‘Ongoing Intelligence May 9, Subcommittee on Public Lands and Environ- Activities, 9 a.m., HVC–304. This is a closed hearing. mental Regulation, hearing on legislation to direct Fed- eral public land management officials to exercise their au- Joint Meetings thority under existing law to facilitate use of and access Joint Economic Committee: May 7, to hold hearings to ex- to Federal public lands for fishing, sport hunting, and amine immigration and its contribution to our economic recreational shooting, and for other purposes; H.R. 586, strength, 9:30 a.m., SD–562.

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Joint Economic Committee: May 8, to continue hearings to Commission on Security and Cooperation in Europe: May 8, examine immigration and its contribution to our eco- to hold hearings to examine Ukraine’s leadership of the nomic strength, 2 p.m., SH–216. Organization for Security and Co-operation in Europe Joint Committee on the Library: May 7, with the Joint (OSCE), focusing on finding new ways to address pro- Committee on Printing, organizational business meeting tracted regional conflicts, energy security, and human di- to consider committee’s rules of procedure and budget for mension issues such as human trafficking, tolerance, the 113th Congress, 10 a.m., SC–04, Capitol. media freedom, democratic elections and election observa- Joint Committee on Printing: May 7, with the Joint Com- tion, and efforts to improve implementation of commit- mittee on the Library, organizational business meeting to ments regarding fundamental human rights and freedom, consider committee’s rules of procedure and budget for 2 p.m., SD–562. the 113th Congress, 10 a.m., SC–04, Capitol.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED THIRTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through April 30, 2013 January 3 through April 30, 2013 Senate House Total Civilian nominations, totaling 137, disposed of as follows: Days in session ...... 49 51 . . Confirmed ...... 27 ′ Time in session ...... 346 hrs., 27 193 hrs. . . Unconfirmed ...... 108 Congressional Record: Withdrawn ...... 2 Pages of proceedings ...... 3,065 2,405 . . Extensions of Remarks ...... 589 . . Public bills enacted into law ...... 2 5 7 Other Civilian nominations, totaling 501, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 5 Bills in conference ...... Unconfirmed ...... 496 Bills through conference ...... Measures passed, total ...... 101 91 192 Senate bills ...... 7 2 . . Air Force nominations, totaling 3,172, disposed of as follows: House bills ...... 7 38 . . Confirmed ...... 581 Senate joint resolutions ...... Unconfirmed ...... 2,591 House joint resolutions ...... Senate concurrent resolutions ...... 7 4 . . House concurrent resolutions ...... 6 8 . . Army nominations, totaling 3,045, disposed of as follows: Simple resolutions ...... 74 39 . . Confirmed ...... 782 Measures reported, total ...... * 54 * 47 101 Unconfirmed ...... 2,263 Senate bills ...... 29 . . . . House bills ...... 1 28 . . Senate joint resolutions ...... Navy nominations, totaling 609, disposed of as follows: House joint resolutions ...... Confirmed ...... 102 Senate concurrent resolutions ...... 1 . . . . Unconfirmed ...... 507 House concurrent resolutions ...... 3 . . Simple resolutions ...... 23 16 . . Special reports ...... 12 2 . . Marine Corps nominations, totaling 758, disposed of as follows: Conference reports ...... Confirmed ...... 227 Measures pending on calendar ...... 54 7 . . Unconfirmed ...... 531 Measures introduced, total ...... 1,011 2,097 3,108 Bills ...... 855 1,824 .. Joint resolutions ...... 14 42 . . Concurrent resolutions ...... 15 36 . . Summary Simple resolutions ...... 127 195 . . Total nominations carried over from the First Session ...... 0 Quorum calls ...... 1 1 . . Total nominations received this Session ...... 8,222 Yea-and-nay votes ...... 111 85 . . Total confirmed ...... 1,724 Recorded votes ...... 42 . . Total unconfirmed ...... 6,496 Bills vetoed ...... Total withdrawn ...... 2 Vetoes overridden ...... Total returned to the White House ...... 0

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, May 7 10 a.m., Tuesday, May 7

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Begin consideration of H.R. morning business (not to extend beyond 11 a.m.), Senate 1406—Working Families Flexibility Act of 2013 (Sub- will begin consideration of the nomination of David ject to a Rule). Medine, of Maryland, to be Chairman and Member of the Privacy and Civil Liberties Oversight Board, with a vote on confirmation of the nomination at approximately 12 p.m. At 2:15 p.m., Senate will begin consideration of S. 601, Water Resources Development Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Gibson, Christopher P., N.Y., E597 Pallone, Frank, Jr., N.J., E595 Grijalva, Rau´ l M., Ariz., E598 Pingree, Chellie, Me., E596 Bishop, Timothy H., N.Y., E598 Hastings, Alcee L., Fla., E592, E594 Quigley, Mike, Ill., E593 Bordallo, Madeleine Z., Guam, E591, E592 Israel, Steve, N.Y., E595 Rogers, Harold, Ky., E593 Brady, Robert A., Pa., E594 Jackson Lee, Sheila, Tex., E591 Rogers, Mike, Ala., E598 Buchanan, Vern, Fla.,E596 Latham, Tom, Iowa, E593, E594, E595, E596, E597 Schiff, Adam B., Calif., E591 Burgess, Michael C., Tex., E597 Long, Billy, Mo., E595 Sinema, Kyrsten, Ariz., E596 DeLauro, Rosa L., Conn., E592, E594 Michaud, Michael H., Me., E596 Smith, Adam, Wash., E592 Frankel, Lois, Fla., E597 Miller, George, Calif., E598 Webster, Daniel, Fla., E593

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