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, THURSDAY, JULY 18, 2013 No. 103 Senate The Senate met at 9:30 a.m. and was Mr. SCHATZ thereupon assumed the publicans decide, I will be happy to called to order by the Honorable BRIAN Chair as Acting President pro tempore. work with them in whatever way is SCHATZ, a Senator from the State of f convenient. Hawaii. MEASURES PLACED ON THE CALENDAR—S. 1315, RECOGNITION OF THE MAJORITY S. 1316, AND H.R. 1911 PRAYER LEADER Mr. REID. I understand there are The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- three bills at the desk due for a second fered the following prayer: pore. The majority leader is recog- reading. Let us pray. Gracious God, thank nized. The ACTING PRESIDENT pro tem- pore. The clerk will report the bills by You for the love You give us each day. f Great and holy is Your Name. Infuse title. our lawmakers with a spirit of humil- TRANSPORTATION, HOUSING AND The assistant legislative clerk read ity that will empower them to do Your URBAN DEVELOPMENT, AND RE- as follows: will. Lord, help them to embrace Your LATED AGENCIES APPROPRIA- A bill (S. 1315) to prohibit the Secretary of desire to bring healing to our world. TIONS ACT, 2014—MOTION TO the Treasury from enforcing the Patient PROCEED Protection and Affordable Care Act and the Challenge the best in them so they will Health Care and Education Reconciliation give You their supreme allegiance and Mr. REID. Mr. President, I now move Act of 2010. love. Enable them to fill swift hours to proceed to Calendar No. 99, which is A bill (S. 1316) to repeal the provisions of with meaningful and faithful deeds, to the Transportation appropriations bill. the Patient Protection and Affordable Care think clearly, to act kindly, and to The ACTING PRESIDENT pro tem- Act providing for the Independent Payment make a better world. pore. The clerk will report the bill by Advisory Board. We pray in Your merciful Name. title. A bill (H.R. 1911) to amend the Higher Edu- cation Act of 1965 to establish interest rates Amen. The assistant legislative clerk read for new loans made on or after July 1, 2013, f as follows: to direct the Secretary of Education to con- Motion to proceed to Calendar No. 99, S. vene the Advisory Committee on Improving PLEDGE OF ALLEGIANCE 1243, making appropriations for the Depart- Postsecondary Education Data to conduct a The Presiding Officer led the Pledge ment of Transportation, and Housing and study on improvements to postsecondary of Allegiance, as follows: Urban Development, and related agencies for education transparency at the Federal level, the fiscal year ending September 30, 2014, and and for other purposes. I pledge allegiance to the Flag of the for other purposes. United States of America, and to the Repub- Mr. REID. Mr. President, I object to lic for which it stands, one nation under God, SCHEDULE all three of these matters proceeding indivisible, with liberty and justice for all. Mr. REID. Mr. President, following further at this time. f my remarks and those of the Repub- The ACTING PRESIDENT pro tem- lican leader, there will be an hour of pore. Objection is heard. The bills will APPOINTMENT OF ACTING morning business, with the majority be placed on the Calendar. PRESIDENT PRO TEMPORE controlling the first half and the Re- NOMINATIONS The PRESIDING OFFICER. The publicans the final half. Mr. REID. Mr. President, today, as clerk will please read a communication Following morning business, the Sen- part of this week’s agreement to proc- to the Senate from the President pro ate will proceed to executive session to ess nominations, the Senate will vote tempore (Mr. LEAHY). consider the nomination of Thomas on confirmation of the Perez nomina- The assistant legislative clerk read Perez to be Secretary of Labor. We tion to lead the Department of Labor, the following letter: hope to confirm both the Perez and and we will vote on the motion U.S. SENATE, McCarthy nominations today. on the nomination of Gina McCarthy PRESIDENT PRO TEMPORE, We are ready to move on this when- to lead the Environmental Protection Washington, DC, July 18, 2013. ever my Republican colleagues say Agency. To the Senate: they want to. What would be the right I hope we can move forward on these Under the provisions of rule I, paragraph 3, thing to do would be to vote on Perez matters as quickly as possible. of the Standing Rules of the Senate, I hereby this morning and vote on the cloture Gina McCarthy is an accomplished appoint the Honorable BRIAN SCHATZ, a Sen- ator from the State of Hawaii, to perform motion I filed regarding McCarthy. environmental official who has served the duties of the Chair. Then this afternoon, after our lunches, under several Republican Governors, PATRICK J. LEAHY, we would vote on confirmation of including Governor Romney. She has President pro tempore. McCarthy. However, whatever the Re- worked in Democratic administrations

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

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It is pos- county to break Federal law by unlaw- stood and talked about what he and sible we could do it today. fully importing foreign drugs even Vice President Gore had done to help I appreciate—and I hope I don’t miss after a top FDA official said Federal the environment, and he stressed time mentioning anyone, though I am con- law was ‘‘very clear,’’ and that there and time again it is important to have fident I will—the Senators who have was ‘‘no question’’ that doing so would a growing, strong economy and to worked so hard on this issue. But those be ‘‘undeniably illegal.’’ make sure we take care of the environ- who have worked together on this com- When the County Executive, a fellow ment in the process because those two promise have been Senators HARKIN, Democrat, ultimately decided not to things are not in conflict. DURBIN, KING, and MANCHIN on our side; instruct county employees to break the Gina McCarthy is now Assistant EPA and on the Republican side, Senators law, as Mr. Perez advocated—which Administrator, and it has been her job ALEXANDER, COBURN, and BURR. There could have subjected those workers to to come up with creative new ways to have been others. In the process, we criminal prosecution—he lambasted keep our air clean and our water safe also have a number of Senators who the County Executive as ‘‘so timid.’’ while growing the economy, as Presi- may not be totally pleased with this ‘‘Federal law is muddled,’’ Mr. Perez dent Clinton said. agreement that is contemplated, but argued, adding, ‘‘sometimes you have She was nominated several months they have all worked so hard—JACK to push the envelope.’’ Sometimes you ago. I spoke to her yesterday morning, REED and ELIZABETH WARREN. have to push the envelope. as she was with President Clinton, and What I would like to do, and I hope Throughout his career, however, she was anxious to have a vote today. we can do it as soon as possible, with Perez has done more than just push the She has a proven track record of public the compromise that has been worked envelope. He once pushed through a service, there is no question about out with the Senators I mentioned— county policy that encouraged the cir- that. and whatever Senator REED and others cumvention of Federal immigration Tom Perez, the nominee to lead the want to do—we would have a couple of law. As the head of the Federal Govern- Department of Labor, is also an experi- votes to make sure everyone has the ment’s top voting rights watchdog, he enced public servant. He is from Buf- ability to vote on their legislation. I refused to protect the right to vote for falo, NY, the son of Dominican immi- hope we can do it this way. It would be Americans of all races in violation of grants. As we have heard, he put him- the right way to go in solving this the very law he was charged with en- self through college working at a ware- issue. forcing. He also directed the Federal house and as a garbage collector. He If we do this, we would not be back Government to sue a law-abiding graduated from , one next year to do it. It will be done. We woman who was protesting outside an of the most prestigious universities in would not be back in 2 years. It will be abortion clinic in Florida. America, and in fact the world, as is done. So I hope very much we can get The Federal judge who threw out this . He went to both this done. I applaud all these Senators lawsuit said he was ‘‘at a loss as to why of those fine universities. who have worked so hard for so long to the government chose to prosecute this He served as Deputy Assistant Attor- come up with an agreement. particular case in the first place.’’ ney General for Civil Rights under Again, I repeat for the third time Just as troubling, when Mr. Perez has , who was Attorney General even this morning, this isn’t going to been called to account for his failures for our country. He was appointed by be everything the Presiding Officer to follow the law, he has been less than Governor O’Malley in 2007 to serve as wants, the Republican leader or I want, forthright. When he testified that poli- secretary of the Maryland Department but, hopefully, it will be a step for- tics played no role in his office’s deci- of Labor where he helped implement ward. sion not to pursue charges against the country’s first statewide living RECOGNITION OF THE MINORITY LEADER members of a far-left group that may wage law. The ACTING PRESIDENT pro tem- have prevented others from voting, the Four years ago he was confirmed by pore. The Republican leader is recog- Department’s own watchdog—their the Senate with 72 votes to lead the nized. own watchdog—said ‘‘Perez’s testi- Civil Rights Division at the Depart- NOMINATIONS mony did not reflect the entire story,’’ ment of Justice in Washington. There Mr. MCCONNELL. Mr. President, and a Federal judge said the evidence he has helped resolve cases on behalf of today the Senate will consider the before him ‘‘appear[ed] to contradict families targeted by unfair mortgage nominations of Thomas Perez and Gina . . . Perez’s testimony.’’ Appeared to lending. McCarthy to head the Department of contradict Perez’s testimony. He is very qualified, with his edu- Labor and the EPA. I will be voting In short, Mr. Perez made misleading cation and background, and he will be against both of these nominees, and I statements in this case, under oath, to an excellent Secretary of Labor. So I would like to explain why. both Congress and the U.S. Civil Rights look forward to our confirming him as Tom Perez is someone who has de- Commission. Taken together, this is soon as we can. voted much of his career to causes he reflective not of some passionate left- STUDENT LOAN INTEREST RATES believes in. That is certainly admi- winger who views himself as patiently Mr. President, I am very hopeful we rable, but the duty of advice and con- advocating policies within the bounds can wind up the discussions we have sent is about more than just of a democratic system, but as a cru- had for several weeks now on student ascertaining whether a nominee has sading ideologue whose convictions loans. There has been wonderful bipar- good intentions. Far more important is lead him to believe the law simply tisan discussions in this regard. Again, considering the way a nominee has doesn’t apply to him. the legislation that has been presented gone about pursuing them. It is about As Secretary of Labor, Mr. Perez to me isn’t everything I want, but it is what he or she would do on the job. would be handling numerous conten- the work of a number of Democratic And that—that—is where the Perez tious issues and implementing many and Republican Senators working very nomination begins to break down be- politically sensitive laws. Americans of long hours—in fact, those Senators had cause based on the evidence, Tom Perez all political persuasions have a right to a meeting the night before last with is more than just some leftwing expect the head of such an important the President that lasted about an hour ideolog, he is a leftwing ideolog who Federal department, whether appointed and a half. appears perfectly willing to bend the by a Republican or a Democrat, would So we have to get this done as soon rules to achieve his ends. It is this implement and follow the law in a fair as possible. Of course, we have made it ‘‘ends justify the means’’ approach to and reasonable way. I do not believe retroactive because we know the stu- his work, not simply his ideological they could expect as much from Mr.

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But as the head of I think most Kentuckians would Golditch, who endured surgery and EPA’s air division, she is overseeing agree that this is just another sad at- weeks of recovery so he could continue the implementation of numerous job- tempt by the administration to spin with his football career and become a killing regulations. These regulations, them into wanting a law they do not repeat state discus champion. The Den- along with others promulgated by the want. ver Post recently named him the win- EPA, have had a devastating effect in And there is this to consider: Even ner of their Adversity Conquered States such as mine. though we expect the President today through Excellence award and this fall They have helped bring about a de- to tout about $500 million worth of he will begin his freshman year as an pression—depression with a ‘‘d’’ in these types of refunds, what he will not offensive lineman at CSU. parts of Eastern Kentucky. say is that next year Obamacare will Or Marcus Weaver, who was shot And there is no reason to expect a impose a new sales tax on the purchase twice but now hosts a weekly radio course correction from Ms. McCarthy if of that will cost show in Denver that spotlights great she were to be confirmed as Adminis- Americans about $8 billion. That is a 16 Americans who are making a difference trator. to 1 ratio. in the community. Marcus also works In fact, one assumes she would be ex- So if the administration is concerned with his church to help people who pected to carry forward the President’s with saving people money on their have struggled through addiction or in- plan to impose, essentially by execu- health care, I have some advice for carceration and now travels the coun- tive fiat, even more destructive poli- them. try inspiring others with his story and cies—policies similar to those already Work with us to repeal Obamacare pushing them to take charge of their rejected by a Democrat-controlled Con- and start over—work with us to imple- lives. gress. ment common-sense, step-by-step re- These are just two of the countless As someone sent here to stand up for forms that can actually lower costs for examples of the perseverance of people the people who elected me, I cannot in Kentuckians. Because jacking up our who were affected by the Aurora shoot- good conscience support a nominee who constituents’ health care costs is bad ing. Zack and Marcus’s strength de- would advance more of the same, some- enough, but to try to then convince fines us as Americans. That is some- one who is not willing to stand up to them the opposite is happening—that thing in which we can take great pride. this administration’s war on coal. they have actually won some Pub- It is the kind of strength we honor in And remember, this ‘‘war’’ talk that lishers Clearinghouse sweepstakes, remembering this tragedy now a year is not me saying that. ‘‘A war on coal well, it is just as absurd as it sounds. It later. In particular, we look back and is exactly what’s needed.’’ That is what is really an insult and I know Kentuck- honor young men like 26-year-old Jon one of the White House’s own climate ians aren’t going to buy it. Blunk and 24-year-old Alexander Teves advisors said just the other week. I yield the floor. who sacrificed their lives to protect All of us—Republicans especially— RESERVATION OF LEADER TIME their friends. And then there were the believe in being good stewards of the The ACTING PRESIDENT pro tem- countless police and other first re- environment. But Washington officials pore. Under the previous order, the sponders who rushed to the scene to have to be rational and holistic in their leadership time is reserved. care for the wounded and to stop the approach. They cannot, as this admin- shooter before he could injure others. istration seems to think, simply do f Colorado has known too many trage- whatever they want, regardless of the MORNING BUSINESS dies these past several years. From the consequences for people who do not live Aurora theater shooting to wildfires in or act or think the same way they do. The ACTING PRESIDENT pro tem- Colorado Springs, Fort Collins and I do not blame Ms. McCarthy person- pore. Under the previous order, the elsewhere that have threatened and de- ally for all of the administration’s poli- Senate will be in a period of morning stroyed entire communities and left cies. But I believe the EPA needs an business for 1 hour with Senators per- hundreds of our friends and neighbors Administrator who is ready to step up mitted to speak therein for up to 10 without homes. and challenge the idea that the liveli- minutes each, with the time equally di- We have seen the same spirit of sac- hoods of particular groups of Ameri- vided and controlled between the two rifice and resilience, as firefighters and cans can simply be sacrificed in pursuit leaders or their designees, with the ma- community members have banded to- of some ivory tower fantasy. That kind jority leader controlling the first half. gether to fight the Black Forest Fire, of nominee—the kind of nominee I can The Senator from Colorado. the West Fork Complex Fire and the support—is one who is willing to ques- f other blazes that have threatened en- tion the status quo and to make Ken- tire communities across Colorado this AURORA THEATER SHOOTING tuckians part of the solution. year. OBAMACARE Mr. UDALL of Colorado. Mr. Presi- This Saturday, on the 1-year anniver- Later today, the President is sched- dent, I rise today to mark a somber sary of the Aurora theater shooting, uled to deliver a speech on Obamacare. milestone. Nearly 1 year ago, Colorado let’s take time to remember those we He is expected to say that, because of and the Nation were shocked by the have lost and to honor the resilience of Obamacare, Americans can expect horrific scene at an Aurora movie the- our neighbors who press on with their checks in the mail. ater. Even before the sun rose that Fri- lives, undaunted by this terrible act. Sounds great, doesn’t it? Free day, July 20, 2012, we began hearing of In that spirit, I want to read into the money. a senseless mass shooting that took RECORD the names of the twelve people But, as they say, most things in life the lives of 12 people and injured 70 who lost their lives one year ago. We that sound too good to be true very more. must never forget these names: Matt often are. Today I want to mark the anniver- McQuinn, Micayla Medek, Jessica And, in this case, it is not so much sary of this tragedy and to honor the Ghawi, Gordon Cowden, Jesse that people will be getting free money, strength that so many Coloradans have Childress, John Larimer, Jonathan as that most people will be paying shown—both on that day and in the Blunk, Veronica Moser-Sullivan, Alex many dollars more for their healthcare weeks and months since. Sullivan, Alexander Teves, Rebecca and maybe—just maybe—getting a few The Aurora theater shooting shook Wingo, and Alexander Boik. bucks back. us, it shocked us, it outraged us, but, I hope that we can draw strength In other words, if you are a family in as I said one year ago, it did not break from the tragic loss of those 12 wonder- Covington facing a $2,100 premium in- us. Even today we are seeing that the ful, beautiful people and that it leads

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