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

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

Vol. 159 WASHINGTON, TUESDAY, MAY 21, 2013 No. 72 House of Representatives The House met at 10 a.m. and was are joined in the Halls of the U.S. Cap- struggles and challenges that she called to order by the Speaker pro tem- itol by over 50 foster youth and alumni faced. pore (Mr. WEBSTER). from across the country. They’ve been Today, Marcelina has custody of her two younger sisters, ages 14 and 16. f paired with Members of Congress as job shadows to get a behind-the-scenes She’s only 24. Her ultimate goal is to DESIGNATION OF SPEAKER PRO look at the inner workings of the finish school and then build a career TEMPORE House of Representatives. The young around improving the foster care sys- The SPEAKER pro tempore laid be- leaders will attend hearings, join meet- tem. In fact, she hopes to open up her fore the House the following commu- ings, and participate in media inter- own nonprofit that focuses on helping nication from the Speaker: views. youth coming out of the juvenile jus- As we welcome these young leaders tice system. WASHINGTON, DC, In honor of Marcelina’s courage and May 21, 2013. and recognize National Foster Care tenacity, let us commit to doing what I hereby appoint the Honorable DANIEL Month throughout the month of May, WEBSTER to act as Speaker pro tempore on we are reminded that foster youth far we can to ensure that 400,000-plus fos- this day. too often experience traumatic ter youth across the country have the JOHN A. BOEHNER, incidences of abuse and neglect and are opportunities, love, and families they Speaker of the House of Representatives. separated from their homes and sib- deserve. As a first step, I invite my col- f lings. Yet, even in the face of these leagues to join the Congressional Cau- cus on Foster Youth and to cosponsor MORNING-HOUR DEBATE challenges, the resiliency of foster youth remains strong. the bipartisan resolution in recogni- The SPEAKER pro tempore. Pursu- The young foster youth here today tion of May as National Foster Care ant to the order of the House of Janu- are no different. They were selected to Month. ary 3, 2013, the Chair will now recog- participate in Congressional Foster f nize Members from lists submitted by Youth Shadow Day based on their lead- AFGHANISTAN the majority and minority leaders for ership and commitment to improving morning-hour debate. The SPEAKER pro tempore. The the lives of foster youth and families Chair recognizes the gentleman from The Chair will alternate recognition across the Nation. North Carolina (Mr. JONES) for 5 min- between the parties, with each party Today, I’m honored to recognize and limited to 1 hour and each Member utes. celebrate an incredible young woman Mr. JONES. Mr. Speaker, thank you other than the majority and minority with whom I have the privilege of shar- very much. I am back on the floor leaders and the minority whip limited ing my morning. Marcelina Valenzuela again to talk about the failed policy in to 5 minutes each, but in no event shall is 24 years old and grew up in Los An- Afghanistan. debate continue beyond 11:50 a.m. geles. She spent 7 years in the Cali- This poster beside me, Mr. Speaker, f fornia foster care system. She entered is a cartoon that I got from the paper, foster care at birth due to drug addic- and it says, ‘‘CIA ATM.’’ Mr. Speaker, CONGRESSIONAL FOSTER YOUTH tion of her mother. She left foster care SHADOW DAY 2 weeks ago, The New York Times at age 4 only to return at age 15 be- broke an article, a story that the CIA, The SPEAKER pro tempore. The cause of ongoing neglect and abuse. over the last 10 years, has been giving Chair recognizes the gentlewoman from Like far too many foster youth, she hundreds of millions of dollars to California (Ms. BASS) for 5 minutes. struggled with her education, sibling Karzai, and I want to quote what Ms. BASS. Thank you, Mr. Speaker. separation, and mental health because Karzai said in that article. Karzai said First and foremost, let me say that of the constant moving and upheaval he was assured that the CIA would con- my heart goes out to all of those in while in foster care. Yet she was able tinue delivering bags of cash—bags of Oklahoma who experienced a terrible to overcome these obstacles. cash—going to Karzai, the corrupt tragedy yesterday, and I know I look Now Marcelina actively works with leader, in Afghanistan. forward to working with my colleagues organizations such as FosterClub, the Mr. Speaker, what really makes this to ensure that they get everything that National Foster Youth Action Net- cartoon sad is in the background is an they need to recover. work, and Foster Care Alumni of American soldier, and what he is On another note, I rise today to cele- America to improve and reform the fos- thinking as Karzai is taking his cash brate the second annual Congressional ter care system so that younger gen- money away from the CIA ATM ma- Foster Youth Shadow Day. Today, we erations may not have to repeat the chine, the solder is thinking, ‘‘I’d like

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 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.000 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2806 CONGRESSIONAL RECORD — HOUSE May 21, 2013 to make a quick withdrawal from REMEMBERING THE WORDS OF ceive his Commission colleagues to here.’’ HARVEY MILK scuttle publication of the agency’s I hope that during the debate in July The SPEAKER pro tempore. The safety review? If Yucca Mountain were as scientif- on the appropriations bill dealing with Chair recognizes the gentleman from ically flawed as Senator REID says it is, California (Mr. TAKANO) for 5 minutes. the Defense Department that we will then he would have benefited by having Mr. TAKANO. Mr. Speaker, I, too, start passing amendments that say we the agency’s conclusions released pub- along with my colleague from Cali- need to stop this out-of-control spend- licly. Instead, Senator REID got a fornia, Congresswoman BASS, express ing in Afghanistan with very little ac- promise from President Obama to shut my sorrow for the victims of the ter- countability. down the program. rible tragedy in Oklahoma, and I stand I am one that agrees with my party President Obama obliged, with no ready to work with my friends across basis other than the cryptic state- and some of the Democrats that we the aisle to do all we can to alleviate need to hold hearings on Benghazi and ments about Yucca Mountain being the tragedy. ‘‘unworkable.’’ Meanwhile, Senator the Internal Revenue Service. But I Mr. Speaker: have written to the leadership of the REID’s protege, Mr. Jaczko, made sure Somewhere in Des Moines or San Antonio the NRC’s independent technical con- Armed Services Committee and the there is a young gay person who all of a sud- clusions never saw the light of day. subcommittee chairmen asking for a den realizes that he or she is gay; knows that These actions have been challenged hearing on this out-of-control waste in if their parents find out they will be tossed in court. The State attorneys general Afghanistan. Not only did the CIA ac- out of the house, their classmates will taunt the child, and the Anita Bryants and John for both Washington and South Caro- knowledge that they have been giving lina, together with the National Asso- tens of millions of dollars in cash to Briggs are doing their part on TV. And that child has several options: staying in the clos- ciation of Regulatory Utility Commis- Karzai for 10 years, but, Mr. Speaker, et and suicide. sioners, Aiken County, South Carolina, we are also authorizing $8 billion a And then one day that child might open and Nye County, Nevada, have all al- month to go to Afghanistan. We are the paper that says, ‘‘Homosexual elected in leged that the NRC has violated the holding no hearings on the waste, San Francisco,’’ and there are two new op- Nuclear Waste Policy Act by ceasing fraud, and abuse in Afghanistan. tions: the option is to go to California, or its review of the Yucca Mountain li- stay in San Antonio and fight. Two days cense application, which is mandated I hope that after we get through the after I was elected, I got a phone call and the appropriations process that we will voice was quite young. It was from Altoona, under the law. The case is currently be- start holding hearings. It’s not fair to Pennsylvania. And the person said, fore the District of Columbia Circuit the American people that we borrow ‘‘Thanks.’’ Court of Appeals. When President Obama took office, money from China to send to Karzai in And you’ve got to elect gay people, so that thousands upon thousands like that child he said that this administration would Afghanistan. And, Mr. Speaker, we all know that there is hope for a better world; ‘‘restore scientific integrity in govern- know that Karzai is not going to sur- there is hope for a better tomorrow. ment decisionmaking.’’ vive. The Taliban, whom we are fight- Without hope, not only gays, but those Shortly after taking office, he issued ing, who are killing Americans today, who are Blacks, the Asians, the disabled, the a Presidential Memorandum stating: will be the future leaders of Afghani- seniors, the us’s: without hope, the us’s give up. I know that you can’t live on hope alone, Political officials should not suppress or stan. Every expert that I’ve spoken to, alter scientific or technological findings and but without it, life is not worth living. And military and nonmilitary, has said that conclusions. If scientific and technological you, and you, and you, and you have got to information is developed and used by the the Taliban, which primarily is made give them hope. up of Pashtuns—that’s the largest tribe Federal Government, it should ordinarily be b 1010 made available to the public. of Afghanistan—in time, they will be Except for information that is properly re- the leaders of Afghanistan. Those words, Mr. Speaker, were spo- stricted from disclosure, each agency should ken by Harvey Milk. It is with tremen- It is time for this Congress to wake make available to the public the scientific dous honor and gratitude that I enter up and join the American people. Sev- and technical findings or conclusions consid- them into the CONGRESSIONAL RECORD ered or relied upon in policy decisions. enty-five percent of the American peo- on his behalf and all of the ‘‘us’s’’ in The public must be confident that public ple say, We want out of Afghanistan. our Nation. officials will not conceal or distort the sci- We want to bring our troops home. We entific findings that are relevant to policy want to stop wasting money. f choices. So, Mr. Speaker, before I close, I YUCCA MOUNTAIN AND SCIENTIFIC He reaffirmed these statements re- would also like to reiterate this car- INTEGRITY cently when addressing the National Academies of Science: toon. It’s Karzai standing at a CIA The SPEAKER pro tempore. The ATM machine. He’s got bags of cash Chair recognizes the gentleman from In all the sciences, we’ve got to make sure that we are supporting the idea that they’re Illinois (Mr. SHIMKUS) for 5 minutes. down at his feet, and the little guy has not subject to politics, that they’re not a credit card that he’s going to put Mr. SHIMKUS. Mr. Speaker, there’s skewed by an agenda, that, as I said before, into the machine, like we all do here in good news in our pursuit of a reposi- we make sure that we go where the evidence America to get money from our own tory to hold our Nation’s spent nuclear leads us. accounts. But he’s not getting it from fuel and nuclear waste, although it Mr. Speaker, I find it very difficult to his own account; he’s getting it from went largely unreported. reconcile these pronouncements with the CIA account. And then I see this Officials from both the Department the Yucca Mountain situation as it poor soldier standing behind him who’s of Energy and the Nuclear Regulatory stands today. Electricity consumers saying, ‘‘I’d like to make a quick with- Commission have publicly admitted and taxpayers have invested $15 billion drawal from here.’’ that neither agency has identified any to find a safe disposal site for our Na- technical issues that would prevent us tion’s civilian spent fuel and the nu- Mr. Speaker, I ask God to please from being able to develop a safe repos- clear waste left over from the Cold bless our men and women in uniform. I itory at Yucca Mountain in Nevada. War. After investing 30 years and $15 ask God to hold in His arms those fam- This admission came during a recent billion in Yucca Mountain, they de- ilies who’ve given a child dying for hearing before the Energy and Water serve, at a minimum, for the inde- freedom in Iraq and Afghanistan. I ask Appropriations Subcommittee in re- pendent nuclear safety regulator, the God to please bless the House and Sen- sponse to a question from my friend NRC, to release its conclusions on ate, that we will do what is right in the and colleague, Mr. FRELINGHUYSEN, the whether the site is safe or not. eyes of God. I ask God to please bless subcommittee chairman. Given the admissions from these DOE the President, that he will do what is To stakeholders in the nuclear waste and NRC officials, it appears we have right in the eyes of God. And three debate, this fact should come as no sur- found a safe solution to our Nation’s times I will ask, God, please, God, prise. Why else would Greg Jaczko, nuclear waste problem: Yucca Moun- please, God, please continue to bless Senator REID’s former staffer, abuse tain. The bad news is that this admin- America. his authority as NRC chairman and de- istration would rather play politics

VerDate Mar 15 2010 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.003 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2807 than solve the problem. Transparency doing what is right in the face of adver- life is tragic, as well as the loss of and scientific integrity should not be sity. homes and belongings. It’s very hard to debased into political buzz words easily Going back to the early 1800s, see how people can be made whole, but cast aside for the sake of political fa- Seatack fishermen braved the rough we are always hopeful that they will vors. waters of the Atlantic to save the pas- be. People say, Where do you find hope Mr. Speaker, the American people de- sengers of a ship that had wrecked off in a situation like that? It sits there serve better. They deserve to know the the coast. The men of Seatack have comfortably between faith—we believe, truth about Yucca Mountain. It’s out- fought in every major American war, and therefore we have hope—and the rageous that they must go to court to including serving as air raid wardens in charity of others, that we can work to- get it. World War II to protect the citizens of gether to come through this. f Virginia Beach from potential air- Whether it’s earthquakes in Cali- strikes. fornia, storms in the Northeast, or hur- PUT ASIDE POLITICS FOR And when the Seatack community DISASTER RELIEF ricanes in the South, like Katrina, it’s needed a fire department, the Seatack always tragic. There’s something espe- The SPEAKER pro tempore. The veterans from World War II came to- cially deeply saddening about what Chair recognizes the gentleman from gether to build the first fire depart- happened in Oklahoma City. It re- Connecticut (Mr. LARSON) for 5 min- ment owned and operated by African minded me immediately of something utes. Americans. that I carry in my heart. Mr. LARSON of Connecticut. Mr. Even in its early days, Mr. Speaker, Seatack has shown a commitment to I went to Italy as a representative of Speaker, our hearts go out to the peo- President Carter in 1980. It was a con- ple of Oklahoma and our colleague, educating its youth. In 1908, Seatack parents formed their first school at gressional delegation to deliver U.S. Representative TOM COLE, whose dis- assistance following an earthquake in trict has been devastated by the latest Mount Olive Baptist Church, and a few years later formed the Seatack Public southern Italy. In one small town in catastrophe that has befallen our coun- the mountains that we visited, the roof try. School League. Later, the community provided the land for the Seatack Ele- of the church collapsed. And what was I recall the great courage of TOM tragic about it that resembles what COLE on this floor and in his con- mentary School. And today, Seatack continues its commitment to education happened in Oklahoma is that in that ference, putting aside politics and ide- church that day was the first grade. ology and voting for relief after Hurri- by providing funding for college students. They were practicing for First Holy cane Sandy. As the death toll rises and Communion. So every 7-year-old child the search and rescue valiantly con- Mr. Speaker, I am truly honored to represent this amazing community in that village was a casualty. Every tinues, let us not just offer our prayers, one died. as much as they are needed and wel- within my district. Their continuous And so when there’s loss of life, of comed, but let us act as united citizens hard work to promote education, civil course, it’s always tragic. Everyone is and send, with all due speed, relief for rights, and a safe Hampton Roads com- a valuable life. But when every 7-year- the people of Oklahoma. munity is nothing short of admirable. old in the village dies, it just does Disasters and tragedies should never b 1020 something to your psyche. It’s so sad. be about ideology or politics or geo- In October 2011 and October 2012, the You grieve so deeply. It’s so hard to graphic locale. When Americans are in community celebrated 200-plus years of console people. And it’s sad to see what need of help, this Congress needs to re- being a vibrant, active, engaged, and happened to the school in Oklahoma spond. That is who we are as a people. historical community. Thanks to the City. Twenty little children lost their That’s what leads us to become a more contributions of the community histo- lives, each one of them precious, all of perfect union. rian, whom I have gotten to know and them the future of the community. Any American befallen by tragedy or greatly respect, Sadie Shaw, a pre- How deep the grief must be there. We national disaster needs the assistance eminent holder of all the history of the must try to help wipe the tears away of their Nation and their fellow Ameri- wonderful community, because of her from that community. So many little cans. Let us act in this Congress before and so many others, the legacy of the children. we leave. Before we go on an extended historical community of Seatack will It was a beautiful sight to see the break, let us take action on behalf of continue to be perpetuated for genera- the citizens of Oklahoma. first responders trying to dig people tions to come. out—and successfully. There was a pic- Let us put aside and let us damn poli- I congratulate them as the legacy tics and ideology and act on behalf of ture today of a little boy pulled out continues. We ask that God continue to from the rubble. Teachers made a val- the American people and these people bless that wonderful community and of Oklahoma who are enduring so much iant effort to cover children so that this wonderful country that we’re priv- falling debris did not harm those who through this natural disaster. ileged to live in. God bless America. were still alive. And so whether it was f first responders or teachers or families, f EXTENDING SYMPATHY TO THE it was a community coming together. HONORING THE 200TH-PLUS ANNI- PEOPLE OF OKLAHOMA This community has suffered a great VERSARY OF THE SEATACK The SPEAKER pro tempore. The loss of lives, a horrible loss of homes. COMMUNITY Chair recognizes the gentlewoman from What was a home became debris in a The SPEAKER pro tempore. The California (Ms. PELOSI). matter of minutes. Chair recognizes the gentleman from Ms. PELOSI. Mr. Speaker, it’s with And so I hope that we all know what Virginia (Mr. RIGELL) for 5 minutes. great sadness that I rise today to ex- our responsibility is, because these Mr. RIGELL. Mr. Speaker, this tend sympathy to the people of Okla- children are America’s children. Those morning I consider it a joy and really homa, and especially to our colleague, that died have such an impact on the a special privilege to rise today to Congressman COLE, and his constitu- community. We must all appreciate honor the 200th-plus anniversary of the ents who have been affected by the tor- the depth of the grief, the depth of the Seatack community, the oldest African nado. We just heard our President talk tragedy that has befallen. I’ll never, American community in the United about how our prayers and our deeds ever forget the desperate look in the States. are with the people of the community. eyes of the people in the village of the The community, named for the sea We also just heard Mr. LARSON talk mountains of Italy. As I said, we’re al- attack of the coast by the British about our acting immediately to pro- ways hopeful through prayer, which Navy, is a stalwart in Hampton Roads, vide the assistance to the people there; gives us strength; faith, which gives us steadfastly protecting civil rights and and to the extent that Congress can act hope; and the charity of others, which promoting the African American com- quickly upon that, we should. helps us to go forward. munity. Throughout its proud history, We’ve seen natural disasters come So I hope it is a comfort to the peo- the Seatack community has stood for and go. They’re all terrible. The loss of ple of the region that their loss is one

VerDate Mar 15 2010 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.004 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2808 CONGRESSIONAL RECORD — HOUSE May 21, 2013 that is shared and mourned by our en- I don’t have an answer to these ques- effect on their health. These tragedies tire country, definitely in this Con- tions, but I find their implications are most often found in communities of gress of the United States, and across deeply disturbing; and they must be color. the world. Whatever is in our power to answered during the course of the in- Regrettably, mothers aren’t the only be helpful to them, we will do—and we vestigations now underway, and they victims of our maternity care system. will do it quickly. Most importantly, must be answered in full and with cer- Sadly, out of every 1,000 babies born in they will always and ever be in our tainty. the United States, nearly seven babies prayers. die. Particularly disturbing is that b 1030 since 1991, premature birth—the lead- f I cannot conceive of the reasons why ing cause of low birth rate and infant GIVE US THEIR NAMES the Federal Government would be so mortality—has actually increased in The SPEAKER pro tempore. The interested in compiling such lists; but our country by more than 30 percent. Chair recognizes the gentleman from we know for a fact that they were, and Adding to this concern is that the U.S. California (Mr. MCCLINTOCK) for 5 min- that fact is undisputed. What we don’t spends more than double of any coun- utes. know is why; and knowing the answer try in the world on maternity care and Mr. MCCLINTOCK. Mr. Speaker, one to that question and the other ques- still ranks far behind most developed of the most disturbing aspects of the tions raised by this undisputed fact is countries in maternal and infant out- unfolding scandal involving the misuse absolutely essential to a society that comes. Clearly, something must be of the IRS is what can only be de- values its freedom of speech, its free- done to protect mothers and babies. scribed as an insatiable appetite for dom of assembly, its freedom of press, While it is important to continue names, names, and more names. and its freedom of conscience. studying the causes, we already know Conservative groups—and only con- We know the ancillary effect of these many factors that contribute to poor servative groups—seeking to organize illegal demands. They dried up dona- birth outcomes and to high costs. One under section 501 were subjected to tions to these conservative groups. well-established factor is that current pages of intrusive and irrelevant ques- They heavily suppressed volunteer ac- U.S. medical practice does not follow tions but with a common theme: give tivities. We know some lists were the vast body of research that exists on us their names. Give us the names of leaked to liberal publications like The the best evidence-based maternity your volunteers. Give us the names of Huffington Post and ProPublica. What care. This includes the research of your donors and your family members we don’t know is what was the direct credible studies showing that multiple and your business associates. Give us purpose of gathering these names. noninvasive maternity practices can the names of speakers and audience The administration’s spokesman this produce considerable improvement in participants in your meetings. weekend said the law is irrelevant and birth outcomes without detrimental One man applying to form a group to called it a distraction. Well, on the side effects to mother or baby. educate teenagers in constitutional contrary, this strikes at the very foun- Two examples of these noninvasive principles was told to turn over the dation of a free society, the rule of law, and relatively simple practices signifi- names of his students. As he told a re- and the right of the people to question cantly underused during pregnancy are porter, Can you imagine my responsi- the policies of their government with- group models of prenatal care and smoking cessation programs. Unfortu- bility to parents if I disclosed the out fear of retribution or intimidation. nately, the U.S. also has a widespread names of their children to the IRS? Seventy-five years ago, Winston overuse of Cesarean sections and sched- This tactic was not limited to new Churchill warned of a ‘‘state of society uled inductions. The overuse of these applications. The venerable Leadership where men may not speak their minds, practices, which are beneficial only in Institute, which has been schooling where children denounced their parents limited situations, has been associated young people in constitutional prin- to the police, where a businessman or with complications that jeopardize the ciples for 40 years, was put through a small shopkeeper ruins his competitor health of mother and baby and with year-long audit. The IRS wasn’t only by telling tales about his private opin- longer hospital stays and multiple interested in financial information, ions.’’ costly procedures. they wanted the names of the students If it is possible that we have taken These tragically poor childbirth out- and their college interns and the names even a single step down the road that comes and high costs must no longer be of anyone who had subsequently hired leads to such places, then that situa- tolerated in our country. Therefore, these young people. And when the IRS tion should occupy our full and this week I am introducing the Maxi- wasn’t demanding the names of ordi- undistracted attention until it is fully mizing Optimal Maternity Services for nary Americans or asking what they and completely rectified, new safe- the 21st Century Act, better known as were reading or thinking or saying, in guards are erected against its recur- the MOMS Act. This bill will create a some cases applicants were given rence, and those responsible are held coordinating committee to ensure that names and told to reveal what they fully accountable. Federal agencies are on the same page knew about these people. f in promoting the best evidence-based Mr. Speaker, these are facts that are MAXIMIZING OPTIMAL MATERNITY maternity practices in their programs. undisputed by the administration and And it will facilitate across maternity its apologists. For a period of more SERVICES FOR THE 21ST CEN- TURY ACT professions collaboration in the edu- than 2 years, these questions were put cation of a diverse maternity care to Americans whose political opinions The SPEAKER pro tempore. The workforce. In addition, the MOMS Act had been singled out by one of the most Chair recognizes the gentlewoman from authorizes grant programs for profes- powerful and feared agencies of the California (Ms. ROYBAL-ALLARD) for 5 sional organizations to recruit and re- Federal Government. minutes. tain minority maternity care pro- What I would like to know is why? Ms. ROYBAL-ALLARD. Mr. Speaker, viders. Why did the IRS demand lists of names I rise to challenge my colleagues to The MOMS Act also establishes an of thousands of Americans whose only make optimal maternity outcomes a online database to make available the common characteristic is that they priority in our country. best evidence-based maternity care in- disagreed with this administration? Tragically, childbirth in this wealthi- formation to women and families, and Where are these lists now? With whom est of nations has significantly greater it authorizes a consumer education were they shared? Who wanted to know risks for mothers and babies when com- campaign focused on how to achieve these names? What possible use would pared to almost all other developed na- the healthiest maternity outcomes. the IRS have to track the names of tions. The MOMS for the 21st Century Act high school students who simply want- In the U.S., more than two women further expands research on the best ed to learn about their Constitution? die every day from pregnancy-related maternity practices and on the identi- But most importantly, what were these causes, and more than one-third of all fication of the geographic areas that names used for and what are they being women who give birth experience some lack adequate maternity health care used for? type of complication with an adverse providers.

VerDate Mar 15 2010 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.006 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2809 Mr. Speaker, we can and must do bet- their service among the best. They are be able to deliver that real service for ter for our mothers and newborns. As a now being challenged by the Affordable her employees. country, we must reach beyond our Care Act in terms of that health care We have a challenge in this country, self-imposed boundaries and embrace a delivery. Mr. Speaker, and it can and will be ad- cost-effective, evidence-based model of They have a program called the Re- dressed if we will go back to that origi- maternity care that reflects our values covery Audit Contracts conducted by nal premise of affordability and acces- and saves the lives of mothers and ba- individual companies that don’t even sibility. The Affordable Care Act fails bies. have to have health care background, on both points. I urge my colleagues to join me in but they’re going back in and reas- Let’s roll up our sleeves and get the this effort by cosponsoring and helping sessing costs. And they’re having to job done for the American people. to pass the MOMS for the 21st Century pay back money now, money that they Act. simply do not have. f f We’re seeing reimbursements to doc- RECESS tors drop at Delta Memorial Hospital, HEALTH CARE making it harder for the physicians to The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The be able to deliver that service. ant to clause 12(a) of rule I, the Chair Chair recognizes the gentleman from These are small hospitals. They don’t declares the House in recess until noon Colorado (Mr. TIPTON) for 5 minutes. have big HR departments; they’re there today. Mr. TIPTON. Mr. Speaker, there are for the health of the community. But Accordingly (at 10 o’clock and 42 probably very few issues that touch they are seeing real challenges in being minutes a.m.), the House stood in re- Americans, families, our States, and able to continue. In fact, in many of cess. small businesses more personally than our rural hospitals, they’re beginning f health care. to wonder if they’re going to be able to This House has dealt numerous times continue to deliver that service. b 1200 with addressing the Affordable Care Act. But when we talk about it on that b 1040 AFTER RECESS very personal level—of a mom taking a I’ve talked to doctors in Delta, The recess having expired, the House sick child down to visit the doctor, to Montrose, Grand Junction, Pueblo, was called to order by the Speaker at a senior citizen who’s counting on that throughout my entire district, who are noon. hospital being able to be there, to be frustrated that they are now seeing able to deliver the care that they their reimbursements—money that f need—we need to recognize that the they need to have to be able to conduct PRAYER overarching view that Washington their business—being cut by the Fed- typically performs when passing a bill eral Government, the Federal Govern- Pastor Mark Turner, South Valley and delivering it to the American peo- ment determining what the value of Community Church, Gilroy, California, ple, that it has very real consequences, that service is going to be and saying offered the following prayer: very real impacts. you can afford it. That’s not real life. Heavenly Father, what an incredible In my district in rural Colorado—and What we are seeing now are senior honor it must be for these men and in fact throughout rural America— citizens who just became senior citi- women gathered in this Chamber today there is a looming health care crisis zens by the virtue of a birthday over to represent the entire population of that is just on the horizon. That ability the last few months, they cannot find a this country. I pray that they would to be able to go to the doctor, to be doctor who is willing to take Medicare, not only feel the magnitude of this re- able to have a hospital that’s going to simply because they can no longer af- sponsibility, but that You would give be there to be able to provide the serv- ford it. them the strength of character to ice that’s necessary—they’re feeling We have a system, Mr. Speaker, that carry out that responsibility in an hon- that real impact right now at home. completely forgot the original premise orable and Christ-like way. We’ve had a lot of discussion about that every American, I believe, can I pray, too, for the guardians of free- that big, overarching bill: the IPAB agree on. We need to have real reform, dom on duty today all around the boards that are going to be making the but we need to go back to that initial globe, the men and women of our medical choices for our senior citi- premise of affordability and accessi- Armed Forces. May You sustain them zens—indeed for all Americans—rather bility. The Affordable Care Act fails on and keep them safe. May we as a Na- than that choice being made between both levels. tion never forget the tremendous sac- the doctor and the patient; about the We are seeing right now, in my home rifice they have made on our behalf to State mandates that are coming State of Colorado, estimates for indi- ensure our freedom and democracy. through; the Medicare payment cuts; vidual insurance policies this year are May it be upon these Members of this higher health costs; the budget that is going to go up an estimated 23 percent House that the lantern of hope and the now going to be estimated at $1.76 tril- or more. Small businesses, who are try- light of liberty continue to burn bright lion in costs over a 10-year period, and ing to provide group insurance, are see- in this land we call America. rising, on a struggling American econ- ing their costs going up this year esti- Finally, Lord, it is with heavy hearts omy, on struggling families and small mated better than 17 percent. that we stand here today, each one of businesses; the 150 new boards that are Have we achieved more affordability, us assembled in this Chamber pray for being established; the better than as was promised? We have not. the families in Oklahoma who have 12,000 pages of new regulations that our When we are talking about that ac- been affected by the devastating tor- hospitals, our doctors, and our families cessibility issue, when that senior cit- nado that struck yesterday. Comfort are going to have to be dealing with; izen in Delta, Colorado, walks into a those who have lost loved ones, and the short form, to simply be able doctor’s office and is told that they strengthen rescue workers and emer- to fill out and be able to apply for the aren’t accepting any new patients, are gency personnel, and may neighbor Affordable Care Act, 21 pages just to be we achieving that accessibility? We are reach out to neighbor to assist in the able to get insurance. not. healing and rebuilding process. We need, Mr. Speaker, to be talking Mr. Speaker, we need to go back to As the eyes of the world are upon the about those real impacts, not from the that original premise, because so many residents of Oklahoma, let them dem- 30,000-foot view, but on the ground at small businesses right now that would onstrate dependence upon You and help home. like to be able to deliver that service them to display the resilience, the re- I recently went to Delta Memorial are feeling the impact. I have a friend solve, and the American spirit that Hospital in my district, a small com- who owns several small Pizza Huts made their State and this Nation so munity hospital that’s proud of their throughout the West, and she is deal- great. service. In fact, they’ve had multiple ing with those additional costs that are We pray these things in Jesus’ name. surveys that went through and rated hurting her business and her ability to Amen.

VerDate Mar 15 2010 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.008 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2810 CONGRESSIONAL RECORD — HOUSE May 21, 2013 THE JOURNAL the flags here in the Capitol complex its best and brightest. Sergeant First The SPEAKER. The Chair has exam- be lowered to half staff in honor of the Class Jeffrey Baker was killed 1 week ined the Journal of the last day’s pro- victims of this terrible tragedy. ago today in an IED explosion that Mr. Speaker and my colleagues, this ceedings and announces to the House killed four of his fellow soldiers and in- House is going to continue to be fo- his approval thereof. jured multiple others. Sergeant First cused on the issue of jobs. It’s the num- Pursuant to clause 1, rule I, the Jour- Class Baker was assigned to the 766th ber one issue of concern to our fellow nal stands approved. EOD Company out of Fort Stewart, citizens. We’re going to continue to be Georgia, and was serving in Sanjaray, f focused on the things that get in the Afghanistan, at the time of his death. PLEDGE OF ALLEGIANCE way of job creation in our country. EOD soldiers, sailors, airmen, and Most notably, this week we will work marines are the preeminent explosive The SPEAKER. Will the gentleman on trying to get the Keystone pipeline experts in our Armed Forces. Our joint from Pennsylvania (Mr. CARTWRIGHT) approved that will create some 20,000 EOD forces lead the fight against the come forward and lead the House in the direct jobs and over 100,000 indirect use of IEDs and protect their fellow Pledge of Allegiance. jobs, and trying to make sure that servicemembers and our interests both Mr. CARTWRIGHT led the Pledge of those who have student loans won’t see at home and abroad. Allegiance as follows: their interest rates double. That will Too often, the lives of these brave I pledge allegiance to the Flag of the be the work of the House this week. men and women are claimed by the United States of America, and to the Repub- But in addition to that, we have a re- very devices they are trained to neu- lic for which it stands, one nation under God, sponsibility to the American people to indivisible, with liberty and justice for all. tralize. Sergeant First Class Baker provide oversight of the executive gave his life along with four of his fel- f branch. I think Americans understand low soldiers in defense of our freedoms. and my colleagues understand that the WELCOMING PASTOR MARK It’s important that we honor their sac- American people deserve the truth. TURNER rifice and the sacrifices of those who Whether it’s Benghazi, whether it’s the came before them. The SPEAKER. Without objection, IRS, whether it’s the Justice Depart- the gentlewoman from California (Ms. Next week, as the Nation honors the ment investigating journalists, the veterans who have given their lives for LOFGREN) is recognized for 1 minute. Congress of the United States and the this country, it’s important that we There was no objection. American people need to know what take time to recognize the risks our Ms. LOFGREN. Mr. Speaker, it is my the truth is—to hold this administra- troops take on our behalf every day privilege to introduce Pastor Mark tion accountable. and the need to support our veterans Turner of South Valley Community Those of us in public office under- and their families. Church in Gilroy, California, as our stand that our job is to serve the Amer- Jeffrey Baker was from Hesperia, guest who delivered this morning’s ican people, and not the other way California, and was just 29 years old. opening prayer. around. He is survived by his wife and his Over a decade ago, Pastor Turner left f young daughter. My thoughts and his career to answer a higher calling to SEQUESTRATION EFFECTS IN prayers are with Jeffrey’s entire fam- serve his fellow persons in the min- PENNSYLVANIA ily, the families of his fellow soldiers istry. In serving others, Pastor Turner who were killed, and the soldiers recov- has become a respected leader in our (Mr. CARTWRIGHT asked and was ering from the blast. community, making a difference in given permission to address the House God bless our Armed Forces, and God people’s everyday lives. for 1 minute.) bless America. Working with local partners and Mr. CARTWRIGHT. Mr. Speaker, businesses, Pastor Turner and hundreds over the past few weeks, newspapers in f of volunteers serve our community my district in Pennsylvania have re- WELCOMING LONGABERGER through outreach projects that feed ported that local housing authorities POTTERY BACK TO U.S. children, seniors, and underprivileged are facing a ‘‘nightmare’’ due to sequestration cuts in HUD, the Depart- (Mr. HIGGINS asked and was given residents. They help local children permission to address the House for 1 through programs that encourage them ment of Housing and Urban Develop- ment. Mr. Speaker, fewer people are minute.) to be active and strive for success, and Mr. HIGGINS. Mr. Speaker, as a they bring compassion and services to going to be able to access housing as a result of this Congress’ nightmare poli- member of the House Democrats’ Make people in need. It In America Working Group, I was Answering a call to serve something cies. In Northampton County, Pennsyl- pleased to attend a ceremony yester- larger than one’s self is a trait we deep- day welcoming Longaberger Pottery to ly admire and value as Americans. So vania, alone, 85 people are going to have to leave the section 8 voucher pro- Niagara Ceramics Corporation in Buf- it is a pleasure to welcome Pastor Tur- falo. ner to our Nation’s Capitol today and gram through turnover or there will be evictions. In Luzerne County, Pennsyl- In 2005, Longaberger moved its pro- to thank him for his service to our duction line to China. Its return will community and our country. vania, 900 people will be removed from the program’s waiting list. create 22 American jobs. Under CEO f Our social safety net is disappearing. Tammy Longaberger, this fifth-generation family business manufactures in ANNOUNCEMENT BY THE SPEAKER And what happens if these people fall the true American artisan tradition. PRO TEMPORE into homelessness? According to HUD, the annual cost of a shelter bed funded This story is further evidence that The SPEAKER pro tempore (Mr. by the Emergency Shelter Grants pro- we are approaching what the writer MEADOWS). The Chair will entertain 15 gram is approximately $8,067 more than Charles Fishman calls ‘‘the insourcing further requests for 1-minute speeches the average annual cost of a section 8 boom.’’ American companies are recon- on each side of the aisle. voucher. This Congress is being penny- sidering their decisions to move oper- f wise and pound-foolish. ations overseas. The issues of rising transportation costs, quality control, f HOLDING GOVERNMENT and the productivity of American ACCOUNTABLE HONORING SERGEANT FIRST workers is driving this trend. Congress (Mr. BOEHNER asked and was given CLASS JEFFREY BAKER should be working to ensure the new permission to address the House for 1 (Mr. CRAWFORD asked and was trend becomes a sustainable, large- minute.) given permission to address the House scale movement. Mr. BOEHNER. Mr. Speaker and my for 1 minute and to revise and extend And austerity is exactly the wrong colleagues, our hearts go out today to his remarks.) response. We should be investing in our those in Oklahoma who are suffering as Mr. CRAWFORD. Mr. Speaker, last infrastructure, in education, and in a result of this storm. I’ve asked that week, the EOD community lost one of science. We should adopt the House

VerDate Mar 15 2010 00:05 May 22, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.011 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2811 Democrats’ Make It In America agen- IRS SCANDAL MORE AMERICAN ENERGY MEANS da, including legislation that replaces MORE AMERICAN JOBS (Mr. SHIMKUS asked and was given tax breaks for moving jobs overseas permission to address the House for 1 with incentives for bringing them (Ms. JENKINS asked and was given minute and to revise and extend his re- home. permission to address the House for 1 marks.) minute and to revise and extend her re- f Mr. SHIMKUS. Mr. Speaker, to my marks.) b 1210 colleague who just spoke, I say she’s Ms. JENKINS. Mr. Speaker, the LANCE CORPORAL JOSHUA C. TAY- going to have an opportunity with vot- President seems to be getting a lot of LOR MEMORIAL POST OFFICE ing on the Keystone XL bill to address information from the news rather than BUILDING the jobs issue this week. from his own administration lately. He (Mr. JOHNSON of Ohio asked and But let me talk about this most re- says he was unaware of the IRS tar- was given permission to address the cent IRS scandal. I have a local, well- geting conservatives, unaware of the House for 1 minute and to revise and respected attorney named Tad Arm- Department of Justice seizing report- extend his remarks.) strong in my district, who founded the ers’ phone records, and unaware of the Mr. JOHNSON of Ohio. Mr. Speaker, Constitution study group called Earn HHS Secretary fundraising for I rise today to announce legislation I It, Learn It or Lose It. ObamaCare until he saw it on the news. introduced that will designate the post He applied for a tax-exempt status in The next story the President should office in Marietta, Ohio, as the Lance August of 2010. In October of 2010, Cin- read will be about our bipartisan solu- Corporal Joshua C. Taylor Memorial cinnati headquarters called with a lot tion to create jobs and greater energy Post Office Building. of questions. It wasn’t until October of security for America—the Keystone XL Lance Corporal Joshua Taylor is a 2011 that he received an 11-page rejec- pipeline. It really is incomprehensible true American hero who lost his life on tion letter. that the President, after 1,700 days, March 18 in an explosion during a He hired an accountant to try to ap- would continue to stand in the way of training exercise at the Hawthorne peal. He told the accountant that his the largest shovel-ready project in this Army Depot in Nevada. appeal was probably denied because he country. From an early age, Josh had dreamed was teaching about the Constitution. of serving his country and becoming a It’s really this simple: more Amer- She laughed at that. But after this ican energy means more American marine. He entered the Marine Corps most recent IRS story broke, she called upon graduating from Marietta High jobs. With millions of hardworking back and said, ‘‘My goodness, you are Americans out of work, gas prices sky- School in 2010. After basic training, right.’’ Josh was stationed in Camp Lejeune, rocketing, and China outcompeting the I quote Tad in saying: ‘‘Here you North Carolina, and specialized in mor- United States for access to Canada’s oil tar weaponry. He honorably served have Jay Carney saying the President supply, we need the Keystone XL pipe- tours of duty in Afghanistan and Ku- is a staunch defender of the First line. Amendment. I can’t help but be re- wait. It is time to put hardworking Amer- In addition to being a dedicated ma- minded several times the President saying the Constitution is outdated ican families ahead of politics and rine, Josh was an exceptional indi- focus on real solutions. vidual. He will be remembered for his and gets in his way.’’ gentle spirit, unfailing love, and his f love for his family. f Dedicating the Marietta Post Office for Josh Taylor serves as a small trib- PEACE OFFICERS MEMORIAL DAY OKLAHOMA TORNADO ute to honor and remember the life of (Mr. O’ROURKE asked and was given (Ms. GABBARD asked and was given a remarkable young man and the sac- permission to address the House for 1 rifice he made for America. permission to address the House for 1 minute.) minute.) f Mr. O’ROURKE. Mr. Speaker, in 1962, Ms. GABBARD. Mr. Speaker, I rise BUDGET AND SEQUESTER President Kennedy established Peace today on behalf of my constituents in (Ms. FUDGE asked and was given Officers Memorial Day to honor the the State of Hawaii as we all express permission to address the House for 1 sacrifices made by officers who died in our deepest condolences to those who minute and to revise and extend her re- the line of duty. have been impacted by the horrific tor- marks.) Last week, during this year’s Peace nado that hit Oklahoma yesterday. The Ms. FUDGE. Mr. Speaker, our econ- Officers Memorial Day, I was privileged destruction has been absolutely heart- omy is improving, the national debt is to meet Elisa and Miguel Garcia, who breaking, and there really are no words going down faster than expected, and recently lost their first-born son, El that can adequately provide comfort yet sequestration is still in effect and Paso Police Officer Angel David Gar- during a time like this. causing real and long-reaching harm in cia. It was Officer Garcia’s lifelong However, it is important for all of us our communities. Republicans appear dream to serve our Nation in the city to send a message of solidarity to those prepared to sacrifice our country’s eco- of El Paso, a dream he pursued with en- who have lost their loved ones, who nomic growth, sacrifice job creation, in thusiasm and dedication. Tragically, have lost their children, lost their favor of sequester cuts. only 9 months after he joined the force, homes, and those who are still search- What happened to the Members on Officer Garcia was killed while on pa- ing for their children, family, and the other side all the last term asking, trol this last December. friends in the rubble. Know that your ‘‘Where are the jobs?’’ Now I’m asking, country stands with you, your country Where are the jobs? Officer Garcia dedicated his life to Mr. Speaker, the sequester is slash- making El Paso and our Nation a bet- grieves with you, and we are coming jobs, cutting education, and starv- ter and safer place. He was both a Ma- mitted to doing what it takes to make ing research. All this happens while my rine reservist and a patrol officer with sure that you have the support to re- counterparts feel comfortable to stand the El Paso Police Department, and he build. idly by instead of appointing conferees was a loving older brother to his sister, The strength of our Nation lies in our to work out the differences between Allyson, and to his brother, Mickey. unity, especially in these times of the House and Senate budget proposals Angel Garcia’s selfless service serves great need. Now is the time, as we go and coming up with a plan that grows as an example to all of us. On behalf of about our business here in the people’s the economy and responsibly reduces all El Pasoans, I thank Officer Garcia House, where we must stand as one, the deficit. and all those who serve our commu- united to help our brothers and sisters The American people need Congress nities in law enforcement. Our commu- in Oklahoma, provide them with assist- to act in a big way, and we need to act nity is proud to remember him as one ance, prayers, and support as their re- now. of our finest. covery and rebuilding process begins.

VerDate Mar 15 2010 00:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.012 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2812 CONGRESSIONAL RECORD — HOUSE May 21, 2013 b 1220 spond to the public health impacts of hostage. We already know the dire con- GETTING AMERICANS BACK TO climate change. sequences from that act. The bottom line is this: jobs and eco- WORK Mr. Speaker, we cannot continue to turn a blind eye to the impacts of cli- nomic growth are our constituents’ top (Mrs. MCMORRIS RODGERS asked mate change, especially when it comes concerns, and they should be ours as and was given permission to address to the health of our friends, our neigh- well. We can and must do better. Let’s the House for 1 minute and to revise bors, and our families. I hope we can put America to work. and extend her remarks.) work together to pass this and other f Mrs. MCMORRIS RODGERS. I rise commonsense measures to address the NATIONAL FOSTER CARE MONTH today because I want to get Americans critical issue of changes to our cli- back to work. mate. (Mrs. BACHMANN asked and was When I was a little girl on the farm given permission to address the House f in Kettle Falls, Washington, my par- for 1 minute and to revise and extend ents used to tell me, ‘‘Cathy, life isn’t GETTING RICH OFF MEDICARE her remarks.) always fair.’’ (Mr. DUNCAN of Tennessee asked Mrs. BACHMANN. Mr. Speaker, it is But, you see, the difference was the and was given permission to address with great joy that I have shadowing things that weren’t fair were outside of the House for 1 minute and to revise me today a girl named Desirae, and she my control. Years later, we have a and extend his remarks.) is with me as a foster child. It was one President who likes to talk a lot about Mr. DUNCAN of Tennessee. Mr. of the greatest honors of my life to fairness, but what he fails to mention Speaker, some people and companies serve as a foster mother to 23 great is what isn’t fair. are getting rich off Medicare. kids. May is Foster Care Month. There It isn’t fair that this administration Washington Post columnist Charles are 400,000 children in the United continues to make life harder for Lane wrote about power wheelchair States who need a foster parent. We Americans all across this country— suppliers who are reimbursed as much need more foster parents. whether it’s paying the bills at the end as $5,000 for a basic chair that costs She and I have been talking about of the month, higher health care costs, them $700 and sells at ordinary retail the news of the day so far. We talked higher gas prices, or an economy that’s for $2,500. about the tragedy in Oklahoma and struggling with the smallest workforce In addition, hospitals are charging how our former colleague, now-Gov- participation rate since 1979. It is un- wildly varying prices for the same pro- ernor Mary Fallin, is working so beau- fair for Washington to continue down a cedures. George Washington University tifully, together with the staff in Okla- path that isn’t working. Hospital averages $115,000 for a patient homa, to meet the needs of the tragedy This week, we are voting to clear the on a ventilator while Providence Hos- that is occurring. We talked about gas way for the Keystone pipeline. It will pital in the same city averages $53,000 prices being $4.30 a gallon and how create at least 20,000 new jobs from for the same service. In St. Augustine, building the Keystone pipeline will construction alone. It’s just one piece Florida, one hospital typically billed provide new jobs. of a true all-of-the-above energy plan. $40,000 to remove a gallbladder, using Foster children need love. They need Keystone will put people back to work minimally invasive surgery, and an- stability. They need to be a part of the immediately while reducing our de- other hospital in Orange Park, Florida, fabric of this Nation. Let’s make them pendence on foreign oil and adding bil- charged $91,000. In one hospital in Dal- a priority in this country. lions of dollars to our economy. las, the average bill for treating ordi- f It is time for the President to stop nary pneumonia was $14,610 while an- THE DISTURBING SILENCE TO THE talking about fairness and to actually other charged $48,000. SEQUESTER start supporting it, and he can start by I do not want to see one poor person (Ms. MENG asked and was given per- signing the Keystone project into law denied any necessary medical treat- mission to address the House for 1 and get Americans to work all across ment. However, we should not treat minute.) this country. Medicare and Medicaid as holy and un- Ms. MENG. To me, what has been f touchable and allow many hospitals, more shocking than the sequester, medical providers, and suppliers to get CLIMATE CHANGE itself, has been the response to it, or filthy rich off government medicine. lack thereof, on the part of House lead- (Mrs. CAPPS asked and was given f ership. permission to address the House for 1 LET’S PUT AMERICA TO WORK Are they listening to those on our minute and to revise and extend her re- streets and in our neighborhoods? marks.) (Mr. TONKO asked and was given Maybe the country is simply numbed Mrs. CAPPS. Mr. Speaker, I rise permission to address the House for 1 by its repugnance of this Congress and today to call attention to the growing minute and to revise and extend his re- the last. threats that climate change poses to marks.) The sequester harms the American public health. Mr. TONKO. I rise today to once people, particularly the middle class Increasingly, severe and frequent again urge House leadership and the and our children. My district in weather events and heat waves not majority party in the House to refocus Queens, New York, is decidedly and only threaten people’s health and safe- on what should be our top priority— truly middle class; and every day con- ty but also jeopardize our food crop jobs and the long-term economic sta- stituents tell me how the sequester is production and the availability of bility of our Nation. hurting their families and their fu- clean drinking water. Foodborne ill- Each day, we report to our constitu- tures. It will cost America over 750,000 nesses, asthma, and cardiovascular dis- ents that economic growth and putting jobs this year, including police, fire- ease are expected to worsen in a chang- Americans back to work is job one in fighters, public defenders, and border ing climate. Congress; yet very rarely does our agents. Despite these anticipated impacts, agenda reflect that priority in this We need to come to a compromise on however, most American health profes- House. In fact, the request to name a real spending plan that will increase sionals do not have the tools they need conferees to complete the budget proc- revenue rather than slashing critical to prepare for the changing needs of ess to grow jobs and grow the economy programs. The American people need their patients, and climate change’s doesn’t get heeded over and over again. us to speak up for our priorities and threats to human health will only esca- We are putting more and more people our values. The silence is disturbing. late with every day that we fail to take to work each month, but I have no The sequester is not okay. action. doubt that we can do better. As I talk f That’s why last week I reintroduced to neighbors and friends back home, the Climate Change Health Protection unemployment remains their top con- THE IRS SCANDAL and Promotion Act, which will help cern. Instead, many in this Chamber (Mr. HOLDING asked and was given health professionals prepare for and re- are plotting to take the debt ceiling permission to address the House for 1

VerDate Mar 15 2010 00:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.015 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2813 minute and to revise and extend his re- Ms. FOXX. Mr. Speaker, it’s been al- Why, then, does the President still in- marks.) most 5 years since the application to sist on standing in the way of creating Mr. HOLDING. The deliberate tar- build the Keystone XL pipeline was new jobs by expanding America’s en- geting of conservative groups by the filed. It’s also been almost 5 years that ergy sector by using all of our valuable IRS is inexcusable, and it raises serious Americans have been waiting for the resources—water, wind, solar, gas, and red flags about the agency’s abuse of jobs and energy security Keystone oil? power. would provide. How much longer will More American energy production Mr. Speaker, what we see here is an President Obama make us wait? would create jobs and grow our econ- institutional arrogance within the IRS. American families expect our govern- omy, in addition to lowering energy The American people should be able to ment to pursue the least expensive, costs for hardworking Americans and trust that the agency responsible for most reliable domestic energy. Jobless strengthening our national security. collecting their hard-earned tax dollars Americans expect that their President These are the kind of goals that all will not discriminate against them won’t stand in the way of economic re- Americans, Republican and Democrat, based on their values or political views. lief. But on both fronts, President should be able to get behind. While the Obama administration would Obama’s choice to cede to environ- But this President is clearly not seri- have us believe that the IRS’ targeting mental special interests and block the ous about creating new jobs. He still of conservative groups was the result Keystone pipeline in 2011 did the oppo- has refused to approve the Keystone of an increase in the number of non- site. It denied thousands of jobless pipeline which would create 20,000 new profit applications, the data clearly re- Americans the chance at high-paying jobs in America right away. It’s been veal this to be simply untrue. work and blocked a direct connection over 1,700 days. We’ve waited long As if the targeting of conservative between refineries in Texas and afford- enough. It’s time to build the pipeline. groups weren’t bad enough, the IRS able energy in Canada. It’s time to create jobs. will also soon become the enforcer of But what’s more audacious about the f ObamaCare—with the very same person President’s economically indefensible COMMUNICATION FROM THE previously in charge of the tax-exempt action is the fact that it is groundless. CLERK OF THE HOUSE division at the IRS now in charge of The President’s own State Department the ObamaCare enforcement division. concluded ‘‘no significant’’ environ- The SPEAKER pro tempore laid be- Mr. Speaker, we need accountability mental damage would be caused by fore the House the following commu- from this agency and this administra- Keystone’s completion. nication from the Clerk of the House of tion. The American people demand it. The Keystone pipeline has jobs to Representatives: MAY 21, 2013. f offer. Why is the President turning those jobs away? Hon. JOHN A. BOEHNER, Speaker, The Capitol, House of Representatives, IMMIGRATION REFORM f Washington, DC. (Mr. COSTA asked and was given per- JOBS, JOBS, JOBS DEAR MR. SPEAKER: Pursuant to the permission to address the House for 1 mission granted in clause 2(h) of rule II of minute and to revise and extend his re- (Ms. WILSON of Florida asked and the Rules of the U.S. House of Representa- marks.) was given permission to address the tives, the Clerk received the following mes- Mr. COSTA. Mr. Speaker, for the House for 1 minute.) sage from the Secretary of the Senate on first time in recent history, Congress Ms. WILSON of Florida. Mr. Speaker, May 21, 2013 at 9:45 a.m.: has a real opportunity to pass com- it’s now been 870 days since I arrived in That the Senate passed S. 309. Congress, and the Republican leader- With best wishes, I am prehensive legislation to fix our broken Sincerely, immigration system. ship has still not allowed a single vote on serious legislation to address our KAREN L. HAAS, Legislation being backed by a bipar- Clerk. unemployment crisis. tisan group of Senators has done what f many previous proposals have failed to Mr. Speaker, this is not an exaggera- do, and that is to gain broad support tion to say that unemployment is a ANNOUNCEMENT BY THE SPEAKER and to balance the needs of all of the matter of life and death. In a new PRO TEMPORE interests of our country. I have been study, researchers at Oxford and Stan- The SPEAKER pro tempore. Pursu- working closely with Members on both ford found that approximately 4,750 ant to clause 8 of rule XX, the Chair sides of the aisle in the House and in suicides in the United States between will postpone further proceedings the Senate and with agricultural orga- 2007 and 2010 were attributed to unem- today on motions to suspend the rules nizations and farm workers to make ployment. on which a recorded vote or the yeas sure that the concerns of California’s Now here in America, the sequester and nays are ordered, or on which the agricultural communities are met. The is slated to cut billions in nutrition vote incurs objection under clause 6 of Senate’s plan provides a legal and sta- subsidies, medical research, cancer rule XX. ble workforce for agricultural and crit- clinics, low-income heating, and other Record votes on postponed questions ical protections for those who work lifesaving services. If we continue to will be taken later. cut jobs because of the sequester, Mr. very hard every day to put safe, f healthy food on our Nation’s dinner ta- Speaker, the facts are clear: the se- IMPROVING JOB OPPORTUNITIES bles. Without these provisions, it would quester kills. FOR VETERANS ACT OF 2013 have been a deal-breaker for our val- Mr. Speaker, it’s time to bring H.R. ley. 900, the Cancel the Sequester Act, to Mr. MILLER of Florida. Mr. Speaker, Naysayers might say it’s time to the floor for a vote. It is time to turn I move to suspend the rules and pass wait, but that’s motivated simply by our attention back to jobs with the the bill (H.R. 1412) to improve and in- political interests, not reality. It’s President’s American Jobs Act. crease the availability of on-job train- time for immigration reform now. It’s Our mantra, Mr. Speaker, should be: ing and apprenticeship programs car- time for the House to act and to come job, jobs, jobs. ried out by the Secretary of Veterans together. It’s time to pass this bipar- f Affairs, and for other purposes, as tisan effort to fix America’s broken im- AMERICAN ENERGY PRODUCTION amended. migration system. The Clerk read the title of the bill. (Mr. MILLER of Florida asked and The text of the bill is as follows: f was given permission to address the H.R. 1412 b 1230 House for 1 minute and to revise and Be it enacted by the Senate and House of extend his remarks.) THE KEYSTONE PIPELINE Representatives of the United States of America Mr. MILLER of Florida. Mr. Speaker, in Congress assembled, (Ms. FOXX asked and was given per- our economy continues to struggle, SECTION 1. SHORT TITLE. mission to address the House for 1 with nearly 12 million of our fellow This Act may be cited as the ‘‘Improving Job minute.) Americans remaining out of work. Opportunities for Veterans Act of 2013’’.

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\K21MY7.016 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2814 CONGRESSIONAL RECORD — HOUSE May 21, 2013 SEC. 2. AUTHORITY TO INCREASE AVAILABILITY ask private employers to offer more op- Mr. Speaker, I reserve the balance of OF PRIVATE SECTOR ON-JOB TRAIN- portunities to our veterans, the Fed- my time. ING PROGRAMS. During the four-year period beginning on eral Government ought to lead by ex- Mr. MILLER of Florida. Mr. Speaker, the date that is one year after the date of the ample. at this time I’m pleased to yield such enactment of this Act, the Secretary of Veterans Mr. Speaker, this bill is another step time as he may consume to the gen- Affairs shall carry out section 3677(b)(1)(A) of in reducing the unemployment rate tleman from Colorado (Mr. COFFMAN), title 38, United States Code, by substituting ‘‘75 among our veterans and is fully paid the author of the bill and a stalwart per centum’’ for ‘‘85 per centum’’. for. I greatly appreciate the bipartisan supporter of America’s veterans. SEC. 3. ON-JOB TRAINING AT FEDERAL DEPART- manner in which our colleagues have Mr. COFFMAN. Mr. Speaker, I would MENTS AND AGENCIES. worked to reach an accord on the final like to thank Chairman MILLER and Beginning on the date that is one year after provisions of this bill, and I encourage Ranking Member MICHAUD for their the date of the enactment of this Act, the Sec- all Members to support the bill. leadership on the committee. Their ef- retary of Veterans Affairs shall enter into agree- With that, I reserve the balance of ments with the heads of other Federal depart- forts to advance this important bill ments and agencies to operate programs of my time. will help veterans who are returning training on the job under section 3677 of title 38, Mr. MICHAUD. Mr. Speaker, I yield from Iraq and Afghanistan find jobs. United States Code, to train eligible veterans or myself such time as I may consume. As a member of the House Committee persons to perform skills necessary for employ- First of all, I want to thank the on Veterans’ Affairs and as a Marine ment by the department or agency operating the chairman of the full committee for all Corps combat veteran myself, it is im- program. his hard work and for working in a bi- portant to me and to our country that SEC. 4. EXTENSION OF REDUCED PENSION FOR partisan manner not only on this piece we take care of those who have served CERTAIN VETERANS COVERED BY of legislation but all of the bills that this Nation after they come home from MEDICAID PLANS FOR SERVICES we’ve been dealing with in the com- FURNISHED BY NURSING FACILI- war. TIES. mittee this Congress. Our veterans have great skills when Section 5503(d)(7) of title 38, United States I rise today in support of H.R. 1412, as it comes to working as a member of a Code, is amended by striking ‘‘November 30, amended, the Improving Job Opportu- team and getting the job done; but, un- 2016’’ and inserting ‘‘December 31, 2016’’. nities for Veterans Act of 2013. I want fortunately, in many instances, their to thank Mr. COFFMAN for introducing The SPEAKER pro tempore. Pursu- technical skills aren’t readily transfer- this legislation. I also want to thank ant to the rule, the gentleman from able to civilian occupations. The Bu- committee Chairman MILLER and sub- Florida (Mr. MILLER) and the gen- reau of Labor Statistics stated that the committee Chairman Mr. FLORES and tleman from Maine (Mr. MICHAUD) each unemployment rate for Iraq and Af- Ranking Member TAKANO for their will control 20 minutes. ghanistan war veterans between the leadership in assisting and bringing The Chair recognizes the gentleman ages of 20 and 24 was 19 percent in this bill before us today. from Florida. April. This is why I am happy to have Mr. MILLER of Florida. Mr. Speaker, In these challenging employment markets, we need to use all available my legislation, H.R. 1412, the Improv- I yield myself such time as I might ing Job Opportunities for Veterans Act consume. means to assist our veterans in obtaining the training that they need to find of 2013, on the floor today for a vote. H.R. 1412, as amended, is another This legislation seeks to increase the a good paying job. H.R. 1412 assists vet- product of the House Committee on availability of on-the-job training and erans by improving and increasing the Veterans’ Affairs’ work to improve the apprenticeship programs to help vet- VA’s on-the-job training and appren- effectiveness of GI Bill benefits for veterans make the transition into the ci- ticeship programs. erans. vilian workforce. This legislation will I want to express my appreciation to In these programs, a veteran employee’s salary is paid in part by the em- build on an existing, yet little known the Subcommittee Chairman BILL FLO- ployer and in part by the VA, with not and underutilized, on-the-job training RES, Ranking Member MARK TAKANO, program that allows veterans to use and our new full committee Ranking less than 50 percent being paid by the program. As a veteran completes the their educational benefits they earned Member MIKE MICHAUD for working apprenticeship and becomes a fully through their military service to learn with us to bring this amended bill to a trade or skill by participating in an the full House. qualified employee, the employer pays an increasing percentage of the salary, approved apprenticeship or on-the-job In general, H.R. 1412, as amended, re- training program. sponds to concerns about how to ensure eventually assuming all of it. H.R. 1412 reduces slightly the per- There are two pillars of this legisla- that veterans make the best use of centage of the salary the employer tion. The first is it will decrease the their hard-earned GI Bill benefits. Spe- pays near the end of the training pro- final percentage of the veteran’s salary cifically, H.R. 1412 improves the GI gram. This eases the burden on the em- paid by the employer from 85 to 75 per- Bill’s on-the-job training option that ployers and is an incentive to employ- cent as a means to further incentivize offers veterans the opportunity to gain ers to increase the number of veterans employers to participate. Secondly, the work experience and at the same time in the program. The Veterans’ Affairs legislation will expand this training offers employers a lower cost while the Committee will be closely monitoring program by requiring the VA to enter veteran undergoes their training. this program to ensure that more vet- into agreements with other Federal The bill, as amended, has two major erans are being offered training oppor- agencies to expand on-the-job training sections. Section 2 would reduce the tunities as a result. opportunities throughout the Federal final required training salary of a vet- Government. eran engaged with an employer’s on- b 1240 This legislation will be a great tool the-job training apprenticeship pro- Mr. Speaker, we know that on-the- for both private sector and Federal em- gram from the current 85 percent of the job training and apprenticeship is a ployers to hire our veterans who are fully trained wage for the job to 75 per- highly efficient and cost-effective struggling to make that transition cent. This new requirement would be means of connecting veterans with from the military to the civilian work- put in place for a period of 4 years, fol- meaningful, long-term employment. force. Employers in Colorado have allowing the effective date of this sec- This is good for both veterans and em- ready explained to me how beneficial tion. The temporary decrease in the ployers. H.R. 1412 enhances the oppor- this legislation can be for their oper- wage requirement will provide more tunities for both, making it easier for ations because they know that hiring employers the flexibility to offer OJT companies to employ veterans and for veterans is a proven bonus. They know programs when they otherwise would veterans to find new jobs and careers. that veterans are hardworking, team- not have been able to do so. Unfortunately, however, too few em- oriented, and quick learners who are Section 3 would direct the Depart- ployers know about this program and capable of gaining highly technical ment of Veterans Affairs to conclude how to connect to it. As we pass this skills that are prevalent in many in- agreements with other Federal agen- legislation, I encourage the VA to do dustries today. cies to have them further participate more to inform employers and veterans For example, the CEO of Tri-State in the OJT program. If we’re going to about the benefits of this program. Generation in Colorado, based in my

VerDate Mar 15 2010 00:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.004 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2815 home district, told me that the Im- of Congress, he was in the community Social Security Act (42 U.S.C. 401 et seq.) as proving Job Opportunities for Veterans college system, and he knows about a result of a determination made under sec- Act will add to his company’s existing training and how important appren- tion 215(i) of such Act (42 U.S.C. 415(i)), the outreach to our veterans. Currently, ticeship programs are. So I encourage Secretary shall, effective on the date of such increase in benefit amounts, increase the they employ 150 veterans. Now they my colleagues to support this legisla- dollar amounts in effect for the payment of will do even more. I applaud their ef- tion. disability compensation and dependency and forts and of other companies who want With that, Mr. Speaker, I yield back indemnity compensation by the Secretary, to hire vets. the balance of my time. as specified in paragraph (2), as such I hope this bill helps employers con- Mr. MILLER of Florida. Mr. Speaker, amounts were in effect immediately before nect to the great pool of talent of those once again I encourage all Members to the date of such increase in benefit amounts returning from military service. support H.R. 1412, as amended. payable under title II of the Social Security Mr. MICHAUD. Mr. Speaker, at this I yield back the balance of my time. Act, by the same percentage as the percent- time I yield such time as he may con- Mrs. KIRKPATRICK. Mr. Speaker, today, I age by which such benefit amounts are increased, but only if such percentage increase sume to the gentleman from California rise in support of H.R. 1412, The Improving is calculated using the Bureau of Labor Sta- (Mr. TAKANO). Job Opportunities for Veterans Act. tistics Consumer Price Index for Urban Wage Mr. TAKANO. Mr. Speaker, I thank This bipartisan bill helps our Nation’s vet- Earners and Clerical Workers. the gentleman from Maine for yielding. erans get the training they need to build a ‘‘(2) The dollar amounts to be increased I rise today to support the increased stronger future. pursuant to paragraph (1) are the following: job opportunities embodied in H.R. 1412 It improves and increases the awareness ‘‘(A) WARTIME DISABILITY COMPENSATION.— and the changes it makes to the on- and availability of on-the-job training and ap- Each of the dollar amounts in effect under the-job training and apprenticeship prenticeship programs. section 1114 of this title. ‘‘(B) ADDITIONAL COMPENSATION FOR DE- After all they have sacrificed for our country, programs at the Department of Vet- PENDENTS.—Each of the dollar amounts in ef- erans Affairs. I want to thank the gen- we should do our part to ensure veterans fect under section 1115(1) of this title. tleman from Colorado (Mr. COFFMAN) have good training and good job opportunities. ‘‘(C) CLOTHING ALLOWANCE.—The dollar for introducing this bill and the Vet- I thank my colleagues from both sides of the amount in effect under section 1162 of this erans’ Affairs Committee leadership, aisle—Mr. COFFMAN and Mr. TAKANO—for in- title. Chairman MILLER, Ranking Member troducing this bill. ‘‘(D) DEPENDENCY AND INDEMNITY COM- MICHAUD, and subcommittee Chairman Helping our veterans isn’t a partisan issue— PENSATION TO SURVIVING SPOUSE.—Each of the dollar amounts in effect under sub- FLORES for moving this bill through it’s a national responsibility. sections (a) through (d) of section 1311 of committee. The SPEAKER pro tempore. The question is on the motion offered by such title. This legislation will expand access ‘‘(E) DEPENDENCY AND INDEMNITY COM- the gentleman from Florida (Mr. MIL- for veterans to on-the-job training and PENSATION TO CHILDREN.—Each of the dollar apprenticeships, and assist employers LER) that the House suspend the rules amounts in effect under sections 1313(a) and in hiring veterans who have shown and pass the bill, H.R. 1412, as amend- 1314 of such title. time and again that their real-world ed. ‘‘(3) Whenever there is an increase under experience, leadership, and countless The question was taken. paragraph (1) in amounts in effect for the The SPEAKER pro tempore. In the payment of disability compensation and de- other skills are great resources for pendency and indemnity compensation, the American companies. By reducing the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Secretary shall publish such amounts, as in- percentage of salary paid to a veteran creased pursuant to such paragraph, in the participating in one of these programs, Mr. MILLER of Florida. Mr. Speaker, Federal Register at the same time as the ma- this bill would make it more attractive on that I demand the yeas and nays. terial required by section 215(i)(2)(D) of the for companies to hire veterans doing The yeas and nays were ordered. Social Security Act (42 U.S.C. 415(i)(2)(D)) is on-the-job training and apprentice- The SPEAKER pro tempore. Pursu- published by reason of a determination under ant to clause 8 of rule XX, further pro- section 215(i) of such Act (42 U.S.C. 415(i)). ships. ‘‘(4) During the period beginning on the It is our hope that these opportuni- ceedings on this motion will be postponed. date of the enactment of this subsection and ties will help bridge the employment ending on September 30, 2018, each dollar gaps veterans are currently experi- f amount increased under paragraph (1), if not encing. Unfortunately, it is also clear AMERICAN HEROES COLA ACT a whole dollar amount, shall be rounded to from our subcommittee work that the the next lower whole dollar amount. Mr. MILLER of Florida. Mr. Speaker, Department of Veterans Affairs could ‘‘(5) The Secretary of Veterans Affairs may I move to suspend the rules and pass be doing a better job advertising this adjust administratively, consistent with the the bill (H.R. 570) to amend title 38, increases made under subsection (a), the great benefit. The more veterans and United States Code, to provide for an- rates of disability compensation payable to employers know about these benefits, nual cost-of-living adjustments to be persons under section 10 of Public Law 85–857 the more opportunities veterans can made automatically by law each year (72 Stat. 1263) who have not received com- have in the job market. in the rates of disability compensation pensation under chapter 11 of this title.’’. I am proud to support this legislation (b) EFFECTIVE DATE.—Subsection (d) of sec- for veterans with service-connected and urge my colleagues from both sides tion 5312 of title 38, United States Code, as disabilities and the rates of dependency of the aisle to support it as well. added by subsection (a) of this section, shall and indemnity compensation for sur- Mr. Speaker, I am very proud of the take effect on December 1, 2014. vivors of certain service-connected dis- SEC. 3. INCREASE IN RATE OF SPECIAL MONTHLY bipartisan spirit of the Veterans’ Af- abled veterans, as amended. COMPENSATION FOR SEVERELY IN- fairs Committee. The Clerk read the title of the bill. JURED VETERANS. Mr. MILLER of Florida. Mr. Speaker, (a) INCREASE.— The text of the bill is as follows: we have no more speakers at this time, (1) IN GENERAL.—Section 1114(r) of title 38, H.R. 570 and so if Mr. MICHAUD is ready to close, United States Code, is amended— we are prepared to close. Be it enacted by the Senate and House of Rep- (A) in paragraph (1), by striking ‘‘$2,002’’ Mr. MICHAUD. Mr. Speaker, I, too, resentatives of the United States of America in and inserting ‘‘$3,163’’; and Congress assembled, (B) in paragraph (2), by striking ‘‘$2,983’’ have no further Members who wish to SECTION 1. SHORT TITLE. and inserting ‘‘$4,713’’. speak, but I do want to, in closing, em- This Act may be cited as the ‘‘American (2) EFFECTIVE DATE.—The amendments phasize that veterans are an asset to Heroes COLA Act’’. made by paragraph (1) shall take effect on any organization, whether it is in the SEC. 2. AUTOMATIC ANNUAL INCREASE IN RATES December 1, 2014. private or public sector. They make OF DISABILITY COMPENSATION AND (b) TEMPORARY RATES.—During the period the organization better, and they im- DEPENDENCY AND INDEMNITY COM- beginning on December 1, 2014, and ending on prove the bottom line. This bill is very PENSATION. September 30, 2018, section 1114(r) of title 38, timely and is very important for our (a) INDEXING TO SOCIAL SECURITY IN- United States Code, as amended by sub- CREASES.—Section 5312 of title 38, United section (a), shall be applied— veterans. States Code, is amended by adding at the end (1) in paragraph (1), by substituting I also want to thank, once again, Mr. the following new subsection: ‘‘$2,742’’ for ‘‘$3,163’’; and TAKANO for his leadership on this issue. ‘‘(d)(1) Whenever there is an increase in (2) in paragraph (2), by substituting ‘‘$4085’’ In his life before he became a Member benefit amounts payable under title II of the for ‘‘$4,713’’.

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.020 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2816 CONGRESSIONAL RECORD — HOUSE May 21, 2013 The SPEAKER pro tempore. Pursu- require the need of special care in the H.R. 570, as amended, is a good bill, ant to the rule, the gentleman from home, all as a result of their military and I urge my colleagues to support Florida (Mr. MILLER) and the gen- service. this measure. tleman from Maine (Mr. MICHAUD) each Clearly, it’s our duty to ensure that Mr. Speaker, I reserve the balance of will control 20 minutes. these most deserving service-disabled my time. The Chair recognizes the gentleman veterans are well-cared for, and my Mr. MILLER of Florida. Mr. Speaker, from Florida. amendment to H.R. 570 will be a sig- at this time I’m happy to yield such time as he might consume to the gen- b 1250 nificant step in that direction. And finally, the service organizations tleman from New Jersey (Mr. RUNYAN), GENERAL LEAVE were concerned about the potential ap- the chairman of the Subcommittee on Mr. MILLER of Florida. Mr. Speaker, plication of the so-called chained CPI Disability Assistance and Memorial Af- I ask unanimous consent that all Mem- at some point in the future that could fairs. bers have 5 legislative days within potentially affect veterans COLAs. To Mr. RUNYAN. Chairman MILLER, which to revise and extend their re- allay that concern, my amendment thank you and Ranking Member Mr. marks and add any extraneous mate- specifies that the permanent veterans MICHAUD for bringing this bill to the rial that they may have on H.R. 570, as COLA only would be continued to the floor. amended. extent that the current inflationary H.R. 570 is the American Heroes The SPEAKER pro tempore. Is there index that is used now, the CPI for COLA Act. This bill, which I intro- objection to the request of the gen- urban wage earners and clerical work- duced at the beginning of the 113th tleman from Florida? ers, continues in force. Congress, seeks to make permanent the There was no objection. I’m very pleased to say that, with the annual increase to veterans disability Mr. MILLER of Florida. Mr. Speaker, changes in my amendment, we now compensation rates and other benefits I yield myself such time as I might have a bill that can be supported by by tying these increases to the cost-of- consume. the veterans it is intended to benefit. living adjustments for Social Security The author of the underlying bill, With that, I reserve the balance of benefits. Mr. RUNYAN of New Jersey, has put for- my time. With the passage of this act, veterans ward a bipartisan proposal to make Mr. MICHAUD. Mr. Speaker, I yield will no longer again have to depend on permanent the veterans cost-of-living myself such time as I may consume. congressional action to receive an in- adjustment. Currently, Congress must Mr. Speaker, I rise today in support crease to the cost-of-living adjustment adopt annual COLA bills to ensure that of H.R. 570, as amended, the American they have more than earned through payments to disabled veterans and sur- Heroes COLA Act. their service. Instead, these increases vivors do not erode due to inflation. I wish to thank Mr. RUNYAN, the will become automatic from year to Mr. RUNYAN’s bill, which my amend- sponsor of H.R. 570, and the chairman year. ment incorporates, would make this of the Disability Assistance and Memo- As chairman of the Subcommittee on annual, and sometimes dangerously de- rial Affairs Subcommittee, as well as Disability Assistance and Memorial Af- layed, practice a thing of the past. A Ms. TITUS, our subcommittee ranking fairs, I am honored again to sponsor coalition of veterans groups expressed member, for their hard work on this this legislation. I’m proud to have our strong concern with some other ele- measure. subcommittee ranking member, Ms. ments of the underlying bill, which my I’d also like to thank Chairman MIL- TITUS, as the lead cosponsor of the bill. amendment now seeks to address. LER for working closely with me, and Mr. Speaker, I also support the First, the concern was expressed that with the veterans groups, to make the amendment offered by Chairman MIL- the bill would permanently extend the key improvements in this particular LER of the Committee on Veterans’ Af- 20-year practice of rounding veterans bill. fairs to use the savings generated by COLA increases down to the next lower H.R. 570 would permanently index the H.R. 570 to increase the rate of special whole dollar. The Congressional Budget annual veterans cost-of-living adjust- monthly compensation paid to our Office estimates that extending the ment, or COLA, to the increase pro- most tragically wounded veterans, and round-down authority saves, relative vided to Social Security beneficiaries, I encourage all Members to support to the baseline, over $1.3 billion over a but only if the Social Security COLA H.R. 570. 10-year period. continues to be determined using the Mr. MICHAUD. Mr. Speaker, at this The veterans coalition was concerned current methodologies. time I’d like to yield 4 minutes to the about the cumulative effect that the This guards against automatically gentlewoman from Nevada (Ms. TITUS). permanent round-down would have, as passing on any decrease to veterans Ms. TITUS. Thank you, Ranking well as the moral principle associated that result from any future actions to Member MICHAUD, for yielding and for with logging savings on the backs of implement a chained CPI regime. your work and leadership on this crit- our disabled veterans. Second, H.R. 570 extends a COLA ical issue that affects our Nation’s he- To meet that concern, I worked with round-down provision set to expire this roes. our ranking member to, first, sunset year for 5 years, instead of making it I support the American Heroes COLA the round-down authority after 5 years, permanent. This round-down provision Act, H.R. 570, which I introduced, along and second, we agreed with the com- was implemented many years ago as a with my colleague and subcommittee mittee’s markup to find a way to rein- means of budget savings, and many chairman, JOHN RUNYAN. This is impor- vest savings associated with the round- veterans groups voiced opposition to tant legislation that will protect our down by improving benefits for other making such a decrease permanent. disabled veterans and their families’ fi- disabled veterans. Third, the savings generated from nancial security. I am pleased to announce that my the round-down extension will be rein- Unlike with Social Security COLA amendment contains such an improve- vested in veterans programs, namely, increases, which are calculated auto- ment that it is now enthusiastically increasing the monthly amount pro- matically, Congress must act each year supported by the veterans groups. vided to some of our veterans most in to provide veterans with their COLA Our bipartisan work would signifi- need of assistance and care. increases they need and deserve. Our cantly increase the special monthly H.R. 570 would increase the amount Nation’s heroes should receive their compensation payments made to our of what is called a ‘‘special monthly full compensation payment each year most severely disabled veterans by 30 compensation’’ paid to catastroph- as well in a timely fashion, removed percent through the year 2018, then 50 ically disabled veterans in need of aid from the occasional logjam here on percent thereafter. This is a payment and attendance. This monthly amount Capitol Hill. Their livelihood should that goes to support catastrophically would be increased from $2,002 to $3,163, not be held hostage by political forces. disabled veterans who are in need of and for those most in need of care from Nevada’s veterans have struggled aid and attendance. These are veterans $2,983 to $4,713. These final payments during this tough economic climate. who are missing limbs, totally blind, would be phased in to comply with Their rates of unemployment and deaf, or who are so disabled that they PAYGO requirements. homelessness are disproportionately

VerDate Mar 15 2010 00:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.022 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2817 high, and as the cost of living has in- level of comfort. These modest benefits cally by law each year in the rates of creased, so have their problems. And I are often the difference between paying disability compensation for veterans know this is true of veterans around the mortgage and putting food on the with service-connected disabilities and the country. table or going without. The legislation the rates of dependency and indemnity By permanently adjusting benefits to before us offers veterans security and compensation for survivors of certain include automatic cost-of-living in- guarantees that cost-of-living adjust- service-connected disabled veterans, creases we are providing critical peace ments will happen automatically and and for other purposes.’’. of mind to those who have bravely not depend on yearly congressional ap- A motion to reconsider was laid on served our country. They will have the proval. the table. knowledge of knowing that assistance In addition, H.R. 570 will substan- f will be there. tially increase benefits for the most se- AWARDING CONGRESSIONAL GOLD Chairman RUNYAN and I have worked verely disabled veterans receiving spe- MEDAL TO FIRST SPECIAL SERV- closely to improve this legislation cial monthly compensation. The bill ICE FORCE since we first introduced the bill in also protects veterans from benefits Mr. COTTON. Mr. Speaker, I move to February, and I fully support the cuts should a chained CPI be adopted suspend the rules and pass the bill amended version we are considering for Social Security. While I oppose (H.R. 324) to grant the Congressional today. Changes concerning the round- adoption of the chained CPI for Social Gold Medal, collectively, to the First down practice and the chained CPI are Security, I think it is important we act Special Service Force, in recognition of changes that will strengthen the bill. now to take the issue off the table for its superior service during World War I appreciate also the input we re- veterans benefits. II, as amended. ceived from a number of veterans serv- I represent thousands of El Paso vet- The Clerk read the title of the bill. ice organizations and believe that this erans who have served our country and The text of the bill is as follows: improved version of the legislation rely on VA benefits to make ends meet. H.R. 324 clearly addresses their concerns. They deserve the security of knowing Be it enacted by the Senate and House of Rep- In effect, H.R. 570 will direct the VA those benefits will be adjusted when resentatives of the United States of America in to increase rates of disability com- their cost of living rises. Congress assembled, pensation for veterans with service- I urge all of my colleagues to support SECTION 1. FINDINGS. connected disabilities, as well as the this legislation. Congress finds the following: rates of dependency and indemnity Mr. MILLER of Florida. Mr. Speaker, (1) The First Special Service Force (the compensation for the survivors of vet- we have no further requests for time. ‘‘Force’’), a military unit composed of volun- We’re prepared to close, if the ranking teers from the United States and Canada, erans with specific service-connected was activated in July 1942 at Fort Harrison claims. member is as well. near Helena, Montana. The bill will protect veterans bene- Mr. MICHAUD. In closing, Mr. (2) The Force was initially intended to tar- fits from deteriorating over time as the Speaker, H.R. 570, as amended, is a get military and industrial installations that costs of housing, medicine, food and solid piece of legislation that the vet- were supporting the German war effort, in- clothing and utilities all increase. erans service organizations support, cluding important hydroelectric plants, that the committee supports, and I which would severely limit the production of b 1300 would urge my colleagues to support strategic materials used by the Axis powers. I want to echo Ranking Member this bill. (3) From July 1942 through June 1943, vol- MICHAUD’s sentiments regarding the With that, Mr. Speaker, I have no unteers of the Force trained in hazardous, importance of having these adjust- arctic conditions in the mountains of west- further requests for time, and I yield ern Montana, and in the waterways of Camp ments occur annually, regularly, and back the balance of my time. Bradford, Virginia. dependably. It’s essential that Con- Mr. MILLER of Florida. Mr. Speaker, (4) The combat echelon of the Force to- gress provide for the needs of our he- I once again urge all of my colleagues taled 1,800 soldiers, half from the United roes, the brave men and women who to support H.R. 570, as amended, and I States and half from Canada. answered the call to serve in our armed yield back the balance of my time. (5) The Force also contained a service bat- services, and for their families as well. Mrs. KIRKPATRICK. Mr. Speaker, today, I talion, composed of 800 members from the I thank Chairman MILLER and Chair- rise in support of H.R. 570, the American He- United States, that provided important support for the combat troops. man RUNYAN for their work on this im- roes Cola Act. (6) A special bond developed between the portant issue, and I urge my colleagues I am proud to cosponsor this bipartisan bill Canadian and United States soldiers, who to support the American Heroes COLA because it helps our Nation’s veterans. were not segregated by country, although Act. More specifically, it helps veterans with the commander of the Force was a United Mr. MILLER of Florida. Mr. Speaker, service-related disabilities. States colonel. I reserve the balance of my time. H.R. 570 would make their annual cost-of- (7) The Force was the only unit formed Mr. MICHAUD. Mr. Speaker, I yield 3 living adjustments automatic for their disability during World War II that consisted of troops minutes to the gentleman from Texas compensation. from Canada and the United States. (8) In October 1943, the Force went to Italy, (Mr. O’ROURKE). Making this process automatic would finally Mr. O’ROURKE. I would also like to allow veterans to count on their cost of living where it fought in battles south of Cassino, including Monte La Difensa and Monte Majo, thank the chair of the subcommittee adjustment every year instead of waiting two mountain peaks that were a critical an- and the ranking member for sponsoring around on Congress. chor of the German defense line. this legislation and the chairman and I thank my colleagues from both sides of the (9) During the night of December 3, 1943, ranking member of the full committee aisle—Mr. RUNYON and Ms. TITUS—for intro- the Force ascended to the top of the precipi- for bringing it forward. I’m pleased to ducing this bill. tous face of Monte La Difensa, where the be a cosponsor of the American Heroes Helping our veterans isn’t a partisan issue— Force suffered heavy casualties and over- COLA Act. it’s a national responsibility. came fierce resistance to overtake the Ger- Yesterday, I had the opportunity to man line. The SPEAKER pro tempore. The (10) After the battle for La Difensa, the visit Arlington National Cemetery question is on the motion offered by Force continued to fight tough battles at with other Members of Congress and the gentleman from Florida (Mr. MIL- high altitudes, in rugged terrain, and in se- had the opportunity to place a wreath LER) that the House suspend the rules vere weather. on the Tomb of the Unknown Soldier. and pass the bill, H.R. 570, as amended. (11) After battles on the strongly defended This incredibly moving and grounding The question was taken; and (two- Italian peaks of Sammucro, Vischiataro, and experience reminded me of the ulti- thirds being in the affirmative) the Remetanea, the size of the Force had been mate sacrifice given by so many of our rules were suspended and the bill, as reduced from 1,800 soldiers to fewer than 500. veterans. amended, was passed. (12) For 4 months in 1944, the Force engaged in raids and aggressive patrols at the For those who return from service The title was amended so as to read: Anzio Beachhead. wounded or develop disabilities as they ‘‘A bill to amend title 38, United States (13) On June 4, 1944, members of the Force age, veterans benefits are what allow Code, to provide for annual cost-of-liv- were among the first Allied troops to lib- them and their families to live in some ing adjustments to be made automati- erate Rome.

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.024 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2818 CONGRESSIONAL RECORD — HOUSE May 21, 2013 (14) After liberating Rome, the Force The Chair recognizes the gentleman Today, we hear stories of brave men moved to southern Italy and prepared to as- from Arkansas. and women in uniform defending free- sist in the liberation of France. GENERAL LEAVE dom around the world. I’ve seen some (15) During the early morning of August 15, of this awe-inspiring bravery firsthand 1944, members of the Force made silent land- Mr. COTTON. Mr. Speaker, I ask ings on Les Iles D’Hyeres, small islands in unanimous consent that all Members in both Iraq and Afghanistan as a sol- the Mediterranean Sea along the southern have 5 legislative days within which to dier myself. But as we hail our soldiers coast of France. revise and extend their remarks and of today, let us remember the heroism (16) The Force faced a sustained and with- submit extraneous materials for the and bravery of the Greatest Generation ering assault from the German garrisons as RECORD on H.R. 324, as amended, cur- during World War II. This legislation the Force progressed from the islands to the rently under consideration. authorizes the striking and award of a Franco-Italian border. The SPEAKER pro tempore. Is there single gold medal that will go to the (17) After the Allied forces secured the objection to the request of the gen- First Special Service Force Associa- Franco-Italian border, the United States Army ordered the disbandment of the Force tleman from Arkansas? tion in Helena, Montana, the original on December 5, 1944, in Nice, France. There was no objection. training site of the First Special Force, (18) During 251 days of combat, the Force Mr. COTTON. Mr. Speaker, I yield and the sale of bronze duplicates of suffered 2,314 casualties, or 134 percent of its myself such time as I may consume. that medal. authorized strength, captured thousands of I rise today to seek swift approval of I ask for immediate passage of this prisoners, won 5 United States campaign H.R. 324, a bill to grant the Congres- legislation, and I reserve the balance of stars and 8 Canadian battle honors, and sional Gold Medal, collectively, to the never failed a mission. my time. First Special Service Force in recogni- COMMITTEE ON (19) The United States is forever indebted tion of its superior service during to the acts of bravery and selflessness of the HOUSE ADMINISTRATION, troops of the Force, who risked their lives World War II. The bill, introduced by Washington, DC, May 20, 2013. for the cause of freedom. my colleague from Florida (Mr. MIL- Hon. JEB HENSARLING, (20) The efforts of the Force along the seas LER), has 324 cosponsors, befitting the Chairman, Committee on Financial Services, and skies of Europe were critical in repelling storied history of this unit. Rayburn House Office Building, Wash- the advance of Nazi Germany and liberating Mr. Speaker, the bravery and valor of ington, DC. numerous communities in France and Italy. the Army Special Forces, more com- DEAR CHAIRMAN HENSARLING: I write to you (21) The bond between the members of the monly known as the Green Berets, are concerning the jurisdictional interest of the Force from the United States and those from Committee on House Administration in H.R. well known to most Americans. But 324, to grant the Congressional Gold Medal, Canada has endured over the decades, as the many don’t realize that this unit was members meet every year for a reunion, al- collectively, to the First Special Service ternating between the United States and born out of the First Special Service Force in recognition of its superior service Canada. Force and the courageous soldiers that during World War II. The bill, as introduced (22) The traditions and honors exhibited by fought with it during World War II. in the House on January 18, 2013, contains the Force are carried on by 2 outstanding ac- The award of the Congressional Gold provisions that fall within the jurisdiction of tive units of 2 great democracies, the Special Medal in recognition of their heroic the Committee on House Administration. Forces of the United States and the Cana- service will help ensure that this unit I recognize and appreciate your desire to dian Special Operations Regiment. attains the historical recognition it de- bring this legislation before the House in an SEC. 2. CONGRESSIONAL GOLD MEDAL. serves. expeditious manner, and accordingly, I will (a) AWARD AUTHORIZED.—The Speaker of Formed in 1942 to take on the hardest waive Committee consideration of provisions the House of Representatives and the Presi- that fall within the Committee’s jurisdic- dent pro tempore of the Senate shall make jobs in the most adverse conditions, tion. However, agreeing to waive jurisdiction appropriate arrangements for the award, on the First Special Service Force was over these amendments should not be con- behalf of the Congress, of a gold medal of ap- composed of American and Canadian strued as waiving, reducing, or affecting the propriate design to the First Special Service soldiers. The unit fought bravely in the jurisdiction of the Committee on House Ad- Force, collectively, in recognition of their Italian Apennine Mountains against ministration. dedicated service during World War II. elite German units—the 104th Panzer Additionally, the Committee on House Ad- (b) DESIGN AND STRIKING.—For the pur- Grenadiers and the Hermann Goering ministration expressly reserves its authority poses of the award referred to in subsection to seek conferees on any provision within its (a), the Secretary of the Treasury (in this Paratroops—who were defending Hit- ler’s Gustav Line south of Rome. They jurisdiction during any House-Senate con- Act referred to as the ‘‘Secretary’’) shall ference that may be convened on this, or any strike the gold medal with suitable emblems, defeated German forces at Monte La similar legislation. I ask for your commit- devices, and inscriptions, to be determined Difensa after fighting south of the cen- ment to support any request by the Com- by the Secretary. ter of the line at Monte Cassino and mittee for conferees on H.R. 324 for provi- (c) AWARD OF MEDAL.—Following the participated in the successful assault sions within the Committee’s jurisdiction. award of the gold medal in honor of the First Special Service Force under subsection (a), of Monte La Remetanea and several I ask that a copy of this letter and your re- the medal shall be given to the First Special nearby mountains. Sadly, of the 1,800 sponse be placed in the Congressional Record Service Force Association in Helena, Mon- of the First Special Service Forces during any floor consideration of H.R. 324. tana, where it shall be available for display fighting soldiers and their 800 support I look forward to working with you on or temporary loan to be displayed elsewhere, troops, there were 2,300 casualties suf- matters of mutual concern. particularly at other appropriate locations fered in the 250 combat days before the Sincerely, associated with the First Special Service unit was disbanded in December of 1944. CANDICE S. MILLER, Force, including Fort William Henry Har- Mr. Speaker, the men of the Special Chairman. rison in Helena, Montana. Forces fought with their faces black- SEC. 3. DUPLICATE MEDALS. ened by their own boot polish. They COMMITTEE ON FINANCIAL SERVICES, The Secretary may strike and sell dupli- Washington, DC, May 21, 2013. were so feared that the Nazi defenders cates in bronze of the gold medal struck Hon. CANDICE S. MILLER, under section 2, at a price sufficient to cover called them the Black Devils and the Chairman, Committee on House Administration, the costs of the medal, including labor, ma- unit took that name as its own, calling Longworth House Office Building, Wash- terials, dies, use of machinery, and overhead itself the Devil’s Brigade. Proud of ington, DC. expenses, and amounts received from the their strength and bravery, Special DEAR CHAIRMAN MILLER: Thank you for sale of such duplicates shall be deposited in your May 20 letter regarding H.R. 324, a bill the United States Mint Public Enterprise Forces soldiers left cards with their to grant the Congressional Gold Medal, col- Fund. patch insignia and the phrase ‘‘The lectively, to the First Special Service Force, SEC. 4. NATIONAL MEDALS. Worst is Yet to Come’’ on corpses in in recognition of its superior service during Medals struck pursuant to this Act are na- enemy territory. World War II. tional medals for purposes of chapter 51 of Following World War II, a permanent title 31, United States Code. elite unit was formed based on the ex- I am most appreciative of your decision to periences of the Special Forces and forego consideration of H.R. 324 so that it The SPEAKER pro tempore. Pursu- may move expeditiously to the House floor. ant to the rule, the gentleman from Ar- OSS operatives during the war. Today, I acknowledge that although you are waiving kansas (Mr. COTTON) and the gen- that unit has evolved into the Army’s formal consideration of the bill, the Com- tleman from Georgia (Mr. DAVID Green Berets and a similar unit in Can- mittee on House Administration is in no way SCOTT) each will control 20 minutes. ada, the Special Operations Regiment. waiving its jurisdiction over any subject

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.008 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2819 matter contained in the bill that falls within tleman from Florida (Mr. MILLER), the appropriate way to honor the heroism its jurisdiction. In addition, if a conference sponsor of this legislation. and sacrifice of the warriors of the is necessary on this legislation, I will sup- Mr. MILLER of Florida. I thank the First Special Service Force, and I urge port any request that your committee be gentleman for yielding. I also thank all of my colleagues to support this im- represented therein. portant piece of legislation. Finally, I shall be pleased to include your my friend, Mr. SCOTT, for his kind letter and this letter in the Congressional words. I also want to thank Chairman To all of the men and women who Record during floor consideration of H.R. HENSARLING and Ranking Member have guarded our great Nation in the 324. WATERS and Subcommittee Chairman name of protecting and defending lib- Sincerely, CAMPBELL, with his Ranking Member erty that we hold so dear, we say thank JEB HENSARLING, CLAY, all the members of the Financial you. And to all of those who have given Chairman. Services Committee and the House the ultimate sacrifice, may you forever Mr. DAVID SCOTT of Georgia. I rise leadership for their support in bringing remain in our hearts and in our pray- today to give great support for H.R. to the floor here today H.R. 324. It is a ers. 324. bill that grants the Congressional Gold Mr. DAVID SCOTT of Georgia. Mr. Let me say, Mr. Speaker, at the out- Medal to the members of the First Spe- Speaker, I have no further speakers. set that the Congressional Gold Medal cial Service Force. I’ll just take this opportunity to join is our highest honor; and there is no I also want to thank the members of all of us in the Congress of the United greater recipient that we can give this the First Special Service Force Asso- States to salute the First Special Serv- honor to than the First Special Service ciation, specifically Mr. Bill Woon for ice Force for the outstanding work that they have done. Forces, known as the Devil’s Brigade. his advocacy, and for the association’s I urge unanimous passage on this leg- They were courageous. They risked efforts in continuing to spread the in- islation, and I yield back the balance of their lives. As a matter of fact, they spirational story of a truly heroic my time. were the unit that led the liberation of group of American and Canadian serv- Mr. COTTON. I yield myself the bal- France and Italy from the Nazis with icemen. ance of my time. daring, with courage, with skill. So it I would be remiss not to thank Con- I join my colleagues, the gentleman is very important for us to stand here gressman AL GREEN of Texas and Con- from Georgia and the gentleman from today and to give great recognition to gresswoman DEBBIE WASSERMAN Florida, in urging unanimous passage this unit. SCHULTZ of Florida for encouraging of this very important legislation the There is a special bond between Can- support from their caucus members for week before Memorial Day to honor ada and the United States, and that this broad bipartisan piece of legisla- the Devil’s Brigade. special bond started in World War II. tion, and the 324 Members of this body I yield back the balance of my time. For it was the first unit—and the only who have cosponsored the bill. The SPEAKER pro tempore. The unit—where two nations, Canada and I join my colleagues today in support question is on the motion offered by the United States, formed a force that of a bill that bestows upon the First the gentleman from Arkansas (Mr. accomplished what many felt was im- Special Service Force the Congres- COTTON) that the House suspend the possible. sional Gold Medal. It’s Congress’ high- rules and pass the bill, H.R. 324, as amended. b 1310 est expression of national appreciation for distinguished achievement and con- The question was taken. You know, the Lord Jesus Christ said tributions for their superior service The SPEAKER pro tempore. In the that there is no greater love—no great- during World War II. opinion of the Chair, two-thirds being er love—that you can show than one The First Special Service Force was in the affirmative, the ayes have it. who would give his life for another. a covert World War II military unit Mr. COTTON. Mr. Speaker, on that I What a great honor this is, Mr. born through the efforts of President demand the yeas and nays. The yeas and nays were ordered. Speaker. I am just proud to join with Franklin Roosevelt and Prime Minister my colleague, Mr. MILLER from Flor- The SPEAKER pro tempore. Pursu- Winston Churchill. The Force con- ant to clause 8 of rule XX, further pro- ida—my good friend—and Mr. COTTON ducted ultrahigh-risk military mis- from Arkansas to give this recognition, ceedings on this motion will be post- sions in Italy and in France. Once sent poned. this high nobility of purpose to the into action, the First Special Service first unit. Force never failed a combat mission. f Today, Mr. Speaker, we are proud to The First Special Service Force HELPING HEROES FLY ACT have our Navy SEALs, our Green Be- achieved remarkable success in battle Mrs. BROOKS of Indiana. Mr. Speak- rets, our Special Ops, those special sol- and contributed prominently in the lib- er, I move to suspend the rules and diers who go where many times few eration of Italy and France. Most nota- pass the bill (H.R. 1344) to amend title others would go. But the foundation of bly, the Force conducted battles south 49, United States Code, to direct the that was the Devil’s Brigade. of Cassino, including Monte La Difensa Assistant Secretary of Homeland Secu- I can just imagine that Nazi soldier and Monte Majo, two mountain peaks rity (Transportation Security Adminis- who wrote that note, scared out of his critical to the German defensive line. tration) to provide expedited air pas- wits when he called them the ‘‘Black During the night of December 3, 1943, senger screening to severely injured or Devils,’’ when they would go and put the Force ascended to the top of the disabled members of the Armed Forces shoe polish on their faces so that they precipitous face of Monte La Difensa, and severely injured or disabled vet- could be expertly disguised to go in and where the Force suffered heavy casual- erans, and for other purposes, as to help to liberate Europe from Nazi ties and overcame fierce resistance to amended. Germany. overtake the German line. The Clerk read the title of the bill. So it is with great pleasure that I The First Special Service Force lost The text of the bill is as follows: stand here to join my colleagues in a total of 2,314 men, which was 134 per- H.R. 1344 urging unanimous passage of this ex- cent of the original combat force. Be it enacted by the Senate and House of Rep- traordinary legislation to honor this These heroic servicemen represent the resentatives of the United States of America in extraordinary group of soldiers. breadth of intrepidity and courage, and Congress assembled, I reserve the balance of my time. they have earned our country’s deepest SECTION 1. SHORT TITLE. Mr. COTTON. I appreciate that ref- This Act may be cited as the ‘‘Helping He- gratitude and highest praise. roes Fly Act’’. erence to John 15:13, ‘‘Greater love Though many of the brave troops of SEC. 2. OPERATIONS CENTER PROGRAM FOR SE- hath no man than this, that he lay the First Special Service Force have VERELY INJURED OR DISABLED down his life for his friend.’’ Certainly, been lost to us, this gold medal is an MEMBERS OF THE ARMED FORCES many members of the Devil’s Brigade important step in immortalizing their AND SEVERELY INJURED OR DIS- did that, as they do today in our Spe- ABLED VETERANS. service and honoring the forefathers of (a) IN GENERAL.—Subchapter I of chapter cial Forces. today’s Special Forces. 449 of title 49, United States Code, is amend- Now, Mr. Speaker, I yield as much With just 6 days remaining until Me- ed by adding at the end the following new time as he may consume to the gen- morial Day, I cannot think of a more section:

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.018 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2820 CONGRESSIONAL RECORD — HOUSE May 21, 2013 ‘‘§ 44927. Expedited screening for severely in- tions that advocate on behalf of members of necessary because it codifies current jured or disabled members of the Armed the Armed Forces and veterans as described TSA policy and ensures that it will re- Forces and severely injured or disabled in subsection (a). main intact during future administra- veterans ‘‘(3) The number of people who accessed the tions. ‘‘(a) PASSENGER SCREENING.—The Assistant operations center during the period covered by the report. Mr. Speaker, this bill not only bene- Secretary, in consultation with the Sec- fits severely injured and disabled mem- retary of Defense, the Secretary of Veterans ‘‘(4) Such other information as the Assist- Affairs, and organizations that advocate on ant Secretary determines is appropriate.’’. bers of the United States Armed behalf of members of the Armed Forces and (b) CLERICAL AMENDMENT.—The table of Forces, veterans, and their accom- veterans, including organizations that advo- sections at the beginning of such chapter is panying families, but it also supports cate on behalf of severely injured or disabled amended by inserting after the item relating the TSA administrator’s intent to de- members of the Armed Forces and severely to section 44926 the following new item: velop a more risk-based method of injured or disabled veterans, shall develop ‘‘44927. Expedited screening for severely in- screening for all passengers. and implement a process to facilitate the jured or disabled members of Expedited travel for our military he- ease of travel and to the extent possible pro- the Armed Forces and severely roes is an important step toward rea- vide expedited passenger screening services injured or disabled veterans.’’. sonable transportation security re- for severely injured or disabled members of The SPEAKER pro tempore. Pursu- forms that will allow us to focus pre- the Armed Forces, severely injured or dis- ant to the rule, the gentlewoman from abled veterans, and their accompanying fam- cious taxpayer dollars on the unknown ily members or nonmedical attendants. Such Indiana (Mrs. BROOKS) and the gentle- travelers and the real threats. process shall be designed to protect the pri- woman from Hawaii (Ms. GABBARD) As we look forward to this upcoming vacy of the individual being screened to the each will control 20 minutes. Memorial Day, let us honor the all-too- maximum extent practicable. The Chair recognizes the gentle- often painful sacrifices our wounded ‘‘(b) OPERATIONS CENTER.—As part of the woman from Indiana. warriors have made for our Nation by process required under subsection (a), the GENERAL LEAVE adopting this important and common- Assistant Secretary shall maintain an operations center to provide support and facili- Mrs. BROOKS of Indiana. Mr. Speak- sense piece of legislation. tate the movement of severely injured or dis- er, I ask unanimous consent that all I urge my colleagues to support the abled members of the Armed Forces and se- Members have 5 legislative days within bill, and I reserve the balance of my verely injured or disabled veterans through which to revise and extend their re- time. screening prior to boarding a passenger air- marks and include any extraneous ma- Ms. GABBARD. Mr. Speaker, I rise in craft operated by an air carrier or foreign air terial on the bill under consideration. strong support of 1344, the Helping He- carrier in air transportation or intrastate air The SPEAKER pro tempore. Is there roes Fly Act, and yield myself such transportation. Such operations center shall objection to the request of the gentle- time as I may consume. be operational at all times. woman from Indiana? In response to documented griev- ‘‘(c) PROTOCOLS.—The Assistant Secretary ances my fellow servicemembers made shall— There was no objection. ‘‘(1) establish and publish protocols, in con- Mrs. BROOKS of Indiana. Mr. Speak- because of various challenges and try- sultation with the Secretary of Defense, the er, I yield myself such time as I may ing experiences that they went through Secretary of Veterans Affairs, and organiza- consume. at airport checkpoints across the coun- tions that advocate on behalf of members of As a member of the Committee on try, I introduced the Helping Heroes the Armed Forces and veterans, including or- Homeland Security’s Transportation Fly Act to ensure that the Transpor- ganizations that advocate on behalf of se- Security Subcommittee, I am proud to tation Security Administration—work- verely injured or disabled members of the be a cosponsor of this commonsense ing alongside veterans advocacy orga- Armed Forces and severely injured or dis- nizations—develop sensible screening abled veterans, under which a severely in- piece of legislation that will increase jured or disabled member of the Armed accessibility and privacy for our policies that honor and respect the Forces or severely injured or disabled vet- wounded warriors at airport check- service and sacrifice of our Nation’s in- eran, or the family member or other rep- points. jured and disabled heroes. resentative of such a member or veteran, On March 27 of this year, just a few may contact the operations center main- b 1320 days after this legislation was intro- tained under subsection (b) and request expe- This legislation directs TSA to de- duced, the Transportation Security Ad- dited screening services described in sub- velop and implement a process to fa- ministration made an announcement of section (a) for the member or veteran; and cilitate the ease of travel and, to the some improvements that they have ‘‘(2) upon receipt of such a request, require extent possible, provide expedited such operations center to notify the appro- made in this area as they took steps to priate Federal security director of the re- screening through our Nation’s air- expedite airport screening for severely quest to facilitate the expedited passenger ports for severely injured or disabled injured members of our Armed Forces. screening services described in subsection (a) members of our Armed Forces and vet- With these changes, individuals can for the member or veteran. erans. The last thing our heroes need is presently request assistance ahead of ‘‘(d) TRAINING.—The Assistant Secretary to face unnecessary scrutiny or hassle, time and move through security check- shall integrate training on the protocols es- or be forced to answer endless ques- points without having to remove their tablished under subsection (c) into the train- tions about their conditions, when all shoes, light outerwear, jackets, or ing provided to all employees who will pro- they want to do is board a plane to fly vide the screening services described in sub- hats. Taking off a jacket—while maybe section (a). home to their loved ones or maybe to a a simple inconvenience for you and I— ‘‘(e) RULE OF CONSTRUCTION.—Nothing in job interview. can be a very physically challenging this section affects the authority of the As- This bill would ensure that our task for someone who, for example, has sistant Secretary to require additional wounded warriors—those dedicated lost the use of an arm. screening of a severely injured or disabled men and women who have been se- While this announcement was a good member of the Armed Forces, a severely in- verely injured while fighting to protect step, it didn’t go nearly far enough, as jured or disabled veteran, or their accom- our Nation—are treated with the high- there are still more improvements that panying family members or nonmedical at- est dignity and respect when traveling tendants, if intelligence, law enforcement, or need to be made. As I’ve spoken with other information indicates that additional through our Nation’s airports. wounded warriors and listened to their screening is necessary. I was pleased to find out that shortly experiences, I’ve heard stories that ‘‘(f) REPORT.—Not later than one year after after Administrator Pistole testified have been varied and included things the date of the enactment of this section, before the Transportation Security like having to take off a prosthetic leg, and annually thereafter, the Assistant Sec- Subcommittee on TSA’s efforts to ad- putting the leg through the X-ray ma- retary shall submit to Congress a report on vance risk-based security, TSA began chine, and then having to balance on the implementation of this section. Each to offer expedited screening services to one leg going through the full body such report shall include each of the fol- severely injured members of the Armed lowing: scan without help from anyone. ‘‘(1) Information on the training provided Forces and veterans, provided they This is unacceptable. Severely in- under subsection (d). contact the TSA in advance of trav- jured and disabled Active Duty and ‘‘(2) Information on the consultations be- eling. While I support TSA’s newly veterans both experience widely varied tween the Assistant Secretary and organiza- adopted protocols, I feel this bill is screening protocols among different

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.019 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2821 airports, and even among screeners in Mr. Speaker, as you well know, mem- ranking member of the Subcommittee the same airport. This makes it very bers of our U.S. Armed Forces are en- on Border and Maritime Security of hard for a wounded warrior to antici- trusted to protect the security of our the Committee on Homeland Security, pate and prepare what will be required country with their lives. By definition, the gentlewoman from Texas (Ms. of them, to make sure that they are these individuals pose very little risk JACKSON LEE). ready physically and mentally. Again, to aviation security and should be con- (Ms. JACKSON LEE asked and was this may not seem like much to us, but sistently screened in a manner befit- given permission to revise and extend to someone—a trained and hardened ting and honoring their service and her remarks.) warrior—learning to adjust to these se- sacrifice. Ms. JACKSON LEE. Mr. Speaker, I vere injuries, it can sometimes be dif- I urge my colleagues to ensure our am so pleased to be able to come to the ficult and can be the difference be- Nation’s wounded warriors are treated floor today as we approach the week tween a smooth and dignified screening respectfully, and urge them to vote that we memorialize those fallen he- experience or one that is filled with ‘‘yes’’ in support of H.R. 1344. roes and as well, at the same time, ac- frustration, shame, and pain for the in- I reserve the balance of my time. knowledge those who yet live who have jured servicemember and delays for all Mrs. BROOKS of Indiana. Mr. Speak- served and who are wounded. Even people waiting in that screening line. er, I yield 2 minutes to the distin- today, as we stand on the floor in the Another issue that frequently has guished gentleman from Georgia (Mr. backdrop of enormous tragedies among come up has been privacy. Veterans COLLINS). our civilian population in Oklahoma have shared with me their own experi- Mr. COLLINS of Georgia. I appre- over the last couple of days and in ences of having to take off prosthetics, ciate you yielding on this. And I appre- Texas and elsewhere, this is a very im- despite TSA guidance that it’s not nec- ciate not only the gentlewoman from portant legislative initiative. essary. And in the instances where Indiana, but the gentlewoman from Ha- As the former ranking member and extra screening of these prosthetics is waii for bringing this legislation. chair of the Subcommittee on Trans- necessary, it has been done in public I bring a little bit different perspec- portation Security and as a cosponsor, view, even when clothing needs to be tive to this. As a chaplain in the mili- I rise in strong support of H.R. 1344, the removed. Helping Heroes Fly Act of 2013. tary and working with our heroes who No one—no one—should be required I congratulate my new colleague for have been wounded and coming from to remove their shirt or pants in pub- this outstanding legislation, Ms. bodies that were strong and healthy lic, nor should scans of sensitive or pri- GABBARD from Hawaii; and to the man- vate areas be viewed by other airline and vibrant to a situation in which now ager, thank you very much. It is im- passengers. Again, this has been al- they’re put in a position that they’ve portant, and I am glad we are standing ready a humiliating, shameful experi- never been in, in some ways a depend- here together in a bipartisan manner. ence for some veterans when there’s ency, and counseling in those roles and I support this legislation because it absolutely no requirement or necessity seeing them having to go through this eases and facilitates the expedited pas- for it. process, which is inconsistent and senger screening at airports for serv- The Disabled American Veterans frankly unfair, I think this is the rea- icemembers who are severely injured have spoken in strong support of this son I strongly support this legislation. or disabled, along with their families. legislation stating: But I also support it from a different Of course, the thoughtfulness in intro- At some airports, our amputee members perspective. Having a daughter who has ducing this legislation is appreciated receive relaxed screening, while at others been in a wheelchair since she was able because it is necessary legislation. I these screenings are horrific. Perhaps it is to walk—as we call it, ‘‘roll’’—she’s thank you for indicating that, even as TSA’s purpose to make screenings unpredict- never known anything different. And the TSA, of which we have oversight, is able. Some screenings have required these so we’ve had to adjust over time, and amputees to expose their prostheses when formulating policies, it’s good to codify they lack the ability to reposition their she’s adjusted in ways of going through it, to make it law, because these heroes clothing, and TSA agents are not allowed to screenings and going through processes deserve their law. help them, nor do they allow spouses or trav- like that. The Helping Heroes Fly Act requires eling companions to enter search areas to as- But when you balance what our the Transportation Security Adminis- sist the amputees. wounded warriors have done, heroes tration to maintain an operations cen- Our objective with this legislation is who came home who had healthy bod- ter to provide support and to facilitate to ensure consistent treatment by ies and now have bodies that are not the movement of these disabled serv- screeners, greater attention to privacy healthy, this is something that will icemembers and veterans, and it re- concerns, and consulting with these ad- provide them a measure of dignity— quires the TSA to publish protocol so vocacy organizations who speak for our and it is an honor to stand here and disabled servicemembers and veterans wounded warriors to ensure they have support this legislation—because I be- and their families will be able to con- a voice in the process. lieve that an inconsistency in this area tact the operations center and request This bill before us today, the Helping is an inconsistency in what we believe expedited screening. The bill also re- Heroes Fly Act, achieves these im- as Americans in what those men and quires that these protocols be inte- provements by requiring TSA to take women have done for us. grated into the training of TSA agents. into account the privacy of the indi- We have to remember that in times Now, I know that there are many vidual being screened. It also mandates of war now it is not like it used to be home ports, if you will, for our return- training of screening officers on the ex- where these men and women would ac- ing heroes. I happen to know that pedited protocols to make sure that no tually have died on the battlefield. Texas has had a very large number of matter where you travel, no matter Now they’re coming home. They’re our men and women go to Iraq and Af- what city you are in, you will have coming home to lead productive lives, ghanistan and to places beyond. I’ve consistent screening procedures so you great lives, because of the sacrifices been to Hawaii and know the transi- know what to expect. TSA is also re- that they have made. It is time that tion there of many who are on R&R, quired to consult with these advocacy we—and this legislation proves this— coming from places around the world, organizations to make sure that as stand for them in the fairness that and I know that it is a place where these changes are implemented, that they deserve for what they have given many come home because it was their the unique needs of our wounded war- to us. home, and, yes, they come home dis- riors are implemented to the best of its I congratulate the gentlewoman from abled, with prostheses and other ability. Hawaii and also the gentlewoman from wounds, that require their privacy. I To ensure these changes over the Indiana for sponsoring this. I look for- am glad that this bill acknowledges, long term, this legislation requires reg- ward to voting for it, and encourage not only that they are heroes, but that ular reporting to Congress, as well as my colleagues to do so. they are desirous and deserving of the maintenance of the TSA’s operations respect—why don’t I say an admiration center that these wounded warriors b 1330 and commendation and respect again— and veterans can contact for assistance Ms. GABBARD. Mr. Speaker, I yield of those who would expedite their as they prepare to travel. such time as she may consume to the going into a secured area.

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.032 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2822 CONGRESSIONAL RECORD — HOUSE May 21, 2013 Mr. Speaker, more than 2.2 million great bill, and I hope that we have a the program to include Active Duty veterans—one in 10—have been disabled very strong vote. members of the military and most re- or seriously wounded in the service of Mr. Speaker, as a member and former chair cently, just this March, to severely in- our Nation; and disabled veterans typi- of the Homeland Security Subcommittee on jured members of the military. cally find it much harder, by some esti- Transportation Security, and a cosponsor, I As a matter of fact, there is a Mem- mates twice as hard, to readjust to ci- rise in strong support of H.R. 1344, the ‘‘Help- ber of this House who was severely in- vilian life. The least we can do for ing Heroes Fly Act of 2013.’’ I support this leg- jured, and I served right along with her these heroes is to make it a little less islation because it eases and facilitates expe- soldiers. I flew with those soldiers in burdensome and difficult to navigate dited passenger screening at airports for serv- Iraq myself. Many of these injured sol- the obstacles, barriers, and check- ice members who are severely injured or dis- diers and servicemembers want to con- points that have been erected in the abled, along with their families. I thank my col- tinue to serve. They want to—that’s aftermath of 9/11 to enhance the secu- league, Congresswoman GABBARD of Hawaii, their calling in life—but they cannot rity of air travel—and rightly so. for introducing this thoughtful and necessary for their own good and for the good of Most of these inconveniences are nec- legislation. the mission, but their hearts are in the essary but are no less burdensome to The Helping Heroes Fly Act requires Trans- right place. So while it’s great that the those who have suffered physical dis- portation Security Administration to maintain TSA has recognized severely injured abilities in defending the Nation from an operations center to provide support and members of the military in that re- those who would make air travel dan- facilitate the movement of these disabled serv- gard, what about these veterans who gerous and deadly. Let’s give them re- ice members and veterans, and it requires want to serve but cannot continue to spect for what they have done to secure TSA to publish protocols so disabled service serve? This bill rightfully extends simi- the homeland and to make us safer. members and veterans, and their families, will lar benefits to severely injured or dis- The legislation before us strikes an ap- be able to contact the operations center and abled veterans and members of the propriate balance between these com- request expedited screening. The bill also re- Armed Forces. peting interests. quires that these protocols be integrated into Increased and more stringent secu- I have seen the operation of TSA and the training of TSA agents. rity is understandable in the wake of 9/ TSO officers and some of what they Mr. Speaker, more than 2.2 million Vet- 11, and it’s kind of a bitter irony that call these ‘‘specialty officers.’’ Allow erans, one in ten, have been disabled or seri- many of these members who have been me to thank you publicly for the work ously wounded in the service of our nation. severely injured joined just because of you have already done and for the sen- And disabled veterans typically find it much those events. Now how ironic is it that sitivity you’ve had. harder, by some estimates twice as hard, to they are caught up in this web of secu- I’ve seen these soldiers, these heroes, readjust to civilian life. The least we can do for rity for the injuries they received becoming home at DCA and at Dulles. these heroes is to make it a little less burden- cause they answered the call of their I’ve certainly seen them in the airports some and difficult to navigate the obstacles, country? Servicemembers I know don’t ask for in Texas. I’ve seen them in their uni- barriers, and checkpoints that have been special recognition or any recognition forms. I’ve seen them, as I said, dis- erected in the aftermath of 9/11 to enhance for being soldiers or servicemembers abled, and I’ve seen them with families. the security of air travel. Most of these incon- I saw one young man who was wan- and certainly not for the injuries they veniences are necessary but no less burden- have received as a result of their serv- dering in my airport. He was, obvi- some to those who suffered physical disabil- ice. So I stand in very strong support ously, in uniform, but had not a good ities defending the nation from those who of this legislation, and I urge all of my day. I don’t know what might have would make air travel dangerous and deadly. colleagues to vote ‘‘yes’’ on this bill. been impacting him, but we stopped, The legislation before us strikes an appro- Ms. GABBARD. Mr. Speaker, I yield 3 and I hailed an officer in uniform, a priate balance between these competing inter- minutes to the gentleman from Cali- TSO officer, and said, You won’t be ests. fornia (Mr. SWALWELL). alone now. We’re going to find out The Helping Heroes Fly Act improves airport Mr. SWALWELL of California. Mr. where you need to go. security screening processes for wounded and Speaker, I rise to support H.R. 1344, the One of the factors of this particular severely disabled service members and vet- Helping Heroes Fly Act. legislative initiative that is good is erans; authorizes a Wounded Warrior Screen- I am a proud sponsor of this bipar- that, wherever you land, sometimes it ing Program and requires TSA to maintain an tisan legislation introduced by my may not be your home airport—every Operations Center. These improvements will friend Congresswoman GABBARD. Con- airport is different—and I think they facilitate and expedite air travel for our dis- gresswoman GABBARD is a person who work themselves up to make sure that abled veterans and service members. More knows a thing or two about what it’s they make it exciting and confusing. importantly, they help that our nation’s heroes like to be a combat veteran who comes Thank you for the Helping Heroes are shown the respect and appreciation of a back from the battlefield and who has Fly Act to help improve airport secu- grateful nation. to use our airports. Fortunately, she is rity screening processes for wounded Mr. Speaker, I strongly support H.R. 1344, back in one piece, but we know all too and severely disabled servicemembers, and urge all my colleagues to join me in voting well that many of our veterans are not, but also thank you for giving them a for the Helping Heroes Fly Act of 2013. and this bill eases their ability to move helping hand. You are helping the vet- Mrs. BROOKS of Indiana. Mr. Speak- through our airports. erans as well. This authorizes a Wound- er, I am very pleased to yield 2 minutes It would extend benefits through ed Warrior Screening program and re- to a distinguished gentleman who has TSA screenings at airports, benefits quires the TSA to maintain an oper- also served his country admirably in similar to the expedited PreCheck pro- ations center. These improvements will the military and is someone who serves gram, to severely injured or disabled facilitate and expedite air travel for on the Homeland Security Committee veterans and to members of the armed our disabled veterans and servicemem- with Congresswoman GABBARD and me, services who fly. As it stands now, bers. More importantly, they will help the distinguished gentleman from many of our Nation’s wounded warriors our Nation’s heroes to be shown the re- Pennsylvania (Mr. PERRY). report that screening protocols aren’t spect, as I said earlier, and the appre- Mr. PERRY. I would like to start out properly standardized at airports ciation of a Nation that is so grateful. by thanking the gentleladies from Indi- around the Nation. Consistent treat- Mr. Speaker, I strongly support this ana and, of course, from Hawaii for this ment by screeners would help create legislation, and I urge all of my col- very significant and impactful legisla- certainty for the newly injured and leagues to join me in voting for the tion. It is particularly a privilege to give greater attention to addressing Helping Heroes Fly Act of 2013. I am speak in favor of this knowing that Ms. their privacy concerns. Despite TSA glad to be back in the well again in GABBARD is from Hawaii and, today, guidance to the contrary, some vet- this week of honoring our soldiers and currently serves as a comrade in arms erans report having been required to those who have fallen, and I am de- just like me. take off prosthetics in public view dur- lighted for the leadership of my col- The TSA started an expedited free ing screenings. This is a difficult proc- league on the Homeland Security Com- screening program in 2011 called ess that our injured and veterans mittee and of the manager on this PreCheck, but just recently expanded should not have to endure.

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.034 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2823 b 1340 ports exists, the provision requiring conditions, airport screening is often a frus- employee training was modified to trating, degrading, and lengthy process. In January, I met with Staff Ser- With that concern, we welcome the introduc- geant Jason Ross from Livermore, make it clear that only screening personnel who participate in these expe- tion of the Helping Heroes Fly Act, H.R. 1344, California, in my district. Sergeant and the improvements it proposes to screen Ross was severely injured by an IED dited services will be mandatory—re- these men and women in a manner befitting while honorably serving in Afghanistan quired to be trained under this bill—as their service. and lost both of his legs. This bill opposed to requiring every single em- Wounded warriors should not have to sac- would help ease the transition back ployee of the TSA to be trained, even rifice their privacy, encounter conflicting home for wounded warriors and heroes when their job has nothing to do with screening policies and procedures, or be sub- like Sergeant Ross. passenger screening responsibilities. ject to significant travel delays. We welcome The continued sacrifice and selfless This modification ensures that the de- the steps proposed in H.R. 1344 to foster expedited screening and to protect the privacy of service of our Nation’s heroes, a group partment’s limited resources are spent in the most efficient manner, while warriors going through the screening proc- Sergeant Ross exemplifies with distinc- ess. We also commend the proposal to re- tion, is immeasurable. That’s why we also ensuring the consistent policies quire the Transportation Security Adminis- as a Nation must live up to our respon- and treatment that are our objectives tration to consult with veterans’ service or- sibilities to properly support the men of this legislation. ganizations in the development of improved and women of our Armed Forces when I’d like to take a moment to high- screening. they return home. We must leave no light the support that this bill has got- We look forward to working with you to soldier behind, and we owe our troops ten from veteran organizations. In ad- advance this legislation and toward improv- more than just ‘‘thank you for your dition to the Disabled American Vet- ing the airport screening process for those who have served. service.’’ erans, I also have letters of support from the Wounded Warrior Project, the Sincerely, Today, it is too easy to spend money, CHARLIE ABELL, and we’ve spent over a billion dollars a American Legion, and the Paralyzed EVP for Government Affairs. year recruiting people into our armed Veterans of America. The Wounded services while we’re not doing enough Warrior Project sums it up perfectly, THE AMERICAN LEGION, to take care of them and keep the as they say: Washington, DC, April 24, 2013. promises we make, whether it’s pro- Wounded warriors should not have to sac- Hon. MICHAEL T. MCCAUL, viding GI funding or making sure that rifice their privacy, encounter conflicting Chairman, Homeland Security Committee, Ford disability claims are taken care of. screening policies and procedures, or be sub- House Office Building, Washington, DC. ject to significant travel delays. We welcome Hon. BENNIE G. THOMPSON, Currently, the average wait time for a the steps proposed in H.R. 1344 to foster expe- Ranking Member, Homeland Security Com- disability claim ranges between 316 and dited screening and to protect the privacy of mittee, House of Representatives, Ford 327 days. This is far too long. our wounded warriors going through this House Office Building, Washington, DC. The Oakland VA, which serves the process. We also commend the proposal to re- DEAR CHAIRMAN MCCAUL AND RANKING veterans of my district, has one of the quire the TSA to continue to consult with MEMBER THOMPSON: On behalf of the 2.4 mil- worst backlogs in the Nation. At a veterans’ service organizations as they de- lion members of The American Legion I ex- time when our wounded warriors are velop these improved screening processes. press our support for H.R. 1344, the Helping left waiting so long to receive the care Mr. Speaker, before yielding back, I Heroes Fly Act. This bill will ensure our na- that they have rightly earned, helping just want to take a moment to thank tion’s wounded warriors and veterans are to ensure our Nation’s heroes are able the chairman of the committee, Mr. consistently screened in a manner befitting their service and sacrifice. This bill is sup- MCCAUL, and the ranking member, to travel seamlessly and without hin- ported by The American Legion’s National drance when they return home is a step BENNIE THOMPSON, whose strong sup- Resolution No. 14 which encourages airport we must take. port for this bill allowed it to move courtesy to military personnel. I want to thank again my colleague, very quickly and to be considered here Although the Transportation Security Ad- Congresswoman GABBARD from Hawaii, on the floor here today. Subcommittee ministration (TSA) has announced it will for sponsoring this bill. I’ll always sup- Chairman Mr. HUDSON and Ranking offer expedited screening to severely injured port legislation that helps our return- Member RICHMOND, as well as SHEILA servicemembers, there are still issues that ing servicemembers and their families JACKSON LEE, along with my colleague, need to be addressed which will be resolved with this legislation. The legislation makes receive the care and thanks they were Mrs. BROOKS from Indiana, have also the following improvements: promised and have earned. been incredible champions and sup- Requires TSA to provide privacy for the in- I urge my colleagues to vote for the porters. Last but not least, I would like dividual being screened; Helping Heroes Fly Act. to take a moment to recognize senior Requires TSA to consult with advocacy Mrs. BROOKS of Indiana. Mr. Speak- professional staff Brian Turbyfill, who groups; er, I have no further speakers. If the has been invaluable in providing his as- Mandates TSA training on expedited gentlewoman from Hawaii has no fur- sistance in guiding this bill through screening protocols; ther speakers, I’m prepared to close the process. Requires TSA to maintain an operations once the gentlewoman does. Mr. Speaker, this is a commonsense center that wounded warriors and veterans Ms. GABBARD. Mr. Speaker, I yield measure that aligns with the intel- can contact for assistance in advance of fly- myself such time as I may consume. ligence-driven, risked-based approach ing; and It’s been an honor to stand here on to security that TSA is striving for. It Requires TSA to report to Congress on its the floor today in a bipartisan manner addresses a clearly identified problem progress implementing the screening proc- with my colleagues. and provides a solution that will serve ess. Thank you for your support of our nation’s I want to thank the gentlewoman and honor the sacrifices of our Nation’s from Indiana for managing this and her servicemembers, veterans, and their fami- selfless heroes and great servant lead- lies. strong support and advocacy for this ers. Respectfully, issue, which is symbolic of us taking I ask my colleagues to support this JAMES E. ‘‘JIM’’ KOUTZ, action to honor our heroes, especially bill, and I yield back the balance of my National Commander. as we head into Memorial Day. time. You’ve heard from many Members WOUNDED WARRIOR PROJECT, PARALYZED VETERANS OF AMERICA, why this is a good bill and why it Washington, DC, April 8, 2013. Washington, DC, April 18, 2013. should pass. It’s been subject to scru- Hon. TULSI GABBARD, Hon. MICHAEL T. MCCAUL, tiny by all the stakeholders, and it has Cannon House Office Building, Chairman, House Committee on Homeland Secu- resulted in a bill that will be efficient Washington, DC. rity, Ford House Office Building, Wash- and effective. DEAR CONGRESSWOMAN GABBARD: As an or- ington, DC. Hon. BENNIE G. THOMPSON, One example of steps we have taken ganization whose mission is to honor and empower wounded warriors, Wounded War- Ranking Member, House Committee on Home- to make sure that this is an efficient rior Project (WWP) is committed to assisting land Security, Ford House Office Building, bill is making sure that, as we provide service members and veterans thrive within Washington, DC. training as a central requirement to the community. For wounded veterans living DEAR CHAIRMAN MCCAUL AND RANKING make sure that consistency in all air- with prosthetics or other service-connected MEMBER THOMPSON: On behalf of Paralyzed

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.036 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2824 CONGRESSIONAL RECORD — HOUSE May 21, 2013 Veterans of America (PVA), I write to sup- stand the screening policies of the TSA af- To sit by while one of these heroes— port H.R. 1344, the bipartisan ‘‘Helping He- fecting those with prosthetic limbs, wheel- and to me, all of these young 18-year- roes Fly Act’’, which was introduced by Rep- chairs and scooters boarding aircraft. olds to 22-year-olds that I saw in front resentatives Tulsi Gabbard (D–HI), David P. While TSA offers a variety of outstanding of me are heroes. We pray that they Joyce (R–OH), and Cedric L. Richmond (D– services, such as Notification Cards, TSA LA) and referred to the Subcommittee on Cares, pat-down screening, multiple types of will not be injured. But those who are Transportation Security on April 1, 2013. imaging and metal detection screening, and injured and who provide that incredible H.R. 1344 authorizes the Transportation Se- the compassionate TSA Military Severely sacrifice cannot be treated like poten- curity Administration’s (TSA) Wounded Injured Program, amputees are not exempt tial enemies here at home, and particu- Warrior Screening Program, which facili- from additional screening when necessary. In larly at our airports. It should put us tates and expedites the screening of severely fact, screenings experienced by our members all to shame. Our wounded warriors are injured or disabled members of the Armed lack uniformity, understanding and compas- a special group of citizens in this coun- Forces and veterans at our nation’s airports. sion. try. They are a trusted group of citi- TSA recently announced efforts to ease the At some airports, our amputee members security screening process for people with receive relaxed screening, while at others zens, and we can and must do more to disabilities, but the program may still have these screenings are horrific. Perhaps it is treat them as such and to recognize inconsistencies in how its protocols are im- TSA’s purpose to make screenings unpredict- their commitment to our Nation. With plemented and leaves privacy concerns and able. Some screenings have required these the Memorial Day holiday fast ap- stakeholder input lacking. The ‘‘Helping He- amputees to expose their prostheses when proaching, this bill is a timely tribute roes Fly Act’’ addresses these shortcomings they lack the ability to reposition their to their sacrifice. by, among other things, requiring consulta- clothing, and TSA agents are not allowed to I must also say that this weekend at tion between TSA and advocacy groups like help them, nor do they allow spouses or trav- the Indianapolis 500, before the race, it PVA, which will allow us to share our vet- eling companions to enter search areas to as- is the most moving ceremony when our erans’ screening experiences and guarantee sist the amputees. armed services march down Pit Lane, that their concerns are heard. Further, the We applaud Representatives Gabbard, bill mandates that TSA make every effort to Richmond, and Joyce for introducing this and the quarter of a million people protect the privacy of wounded warriors and legislation and for their continued support of that will be there say it is probably the ensure that our nation’s heroes are shown America’s wounded and injured veterans. most moving ceremony they have ever their due respect and appreciation. While the DAV does not have a specific reso- witnessed. So we look not only for safe- While some paralyzed veterans may not lution from our members on this subject, it ty this weekend at our race, but it is a need the assistance provided by the program, would be beneficial to many of our members. wonderful reminder of the incredible we have had reports from our members that Accordingly, we support the passage of this greatly appreciate the service offered. One sacrifice all of the men and women in legislation. I look forward to working with the military give day in and day out. member recently reported that a TSA officer you and your staff to continue the DAV mis- unexpectedly met him at the gate on arrival sion of empowering veterans to lead high- I urge my colleagues to vote in favor in Milwaukee, managed his luggage and even quality lives. of H.R. 1344, as amended, and I yield helped him jump the battery in his car— Sincerely, back the balance of my time. greatly reducing the time and anxiety he BARRY A. JESINOSKI, Mr. THOMPSON of Mississippi: Mr. Speak- would have otherwise encountered. Executive Director, er, I rise in strong support of H.R. 1344, the Every one of our veterans appreciates Washington Headquarters. ‘‘Helping Heroes Fly Act.’’ TSA’s and the Committee on Homeland Se- Mr. Speaker, at the outset, I would like to curity’s attention to this matter. We encour- Mrs. BROOKS of Indiana. Mr. Speak- age your support of this legislation and urge er, I yield myself such time as I may commend the gentlewoman from Hawaii, Rep- you to see that it receives consideration in consume. resentative GABBARD, for introducing this the House of Representatives. On behalf of myself, as well as Con- thoughtful, bipartisan legislation. Sincerely, gressman MCCAUL, the chair of the I also commend the Chairman of the Com- BILL LAWSON, Homeland Security Committee, we mittee on Homeland Security, the gentleman National President, would like to commend Congress- from Texas, Mr. MCCAUL, for working diligently Paralyzed Veterans of America. woman GABBARD of Hawaii not only for to have this bill receive timely consideration by her service in moving this issue, but the House. DISABLED AMERICAN VETERANS, We owe a great debt to the women and Washington, DC, April 9, 2013. for her military service. I’m very proud men who have served to defend our freedom. Hon. MICHAEL T. MCCAUL, to be serving with her, and we are so Chairman, House Committee on Homeland Secu- pleased that this is being done in such Those who were injured or rendered dis- rity, Ford House Office Building, Wash- a bipartisan manner. The Congress- abled because of their service, in particular, ington, DC. woman from Hawaii and I have enjoyed deserve our deepest gratitude and respect. They deserve to be treated with the upmost Hon. BENNIE G. THOMPSON, a new strong friendship, and I hope respect and dignity upon their return home. Ranking Member, House Committee on Home- there are many more bills to come that land Security, Ford House Office Building, Unfortunately, when it comes to flying do- Washington, DC. we can work on together. mestically, all too often, the security screening I must say that we know that there DEAR CHAIRMAN MCCAUL AND RANKING experience for injured and disabled veterans is are so many brave men and women MEMBER THOMPSON: I am writing on behalf of anything but respectful and dignified. the DAV, a congressionally chartered na- throughout this country who have been H.R. 1344, the ‘‘Helping Heroes Fly Act,’’ tional veterans service organization with 1.2 severely injured while fighting. In fact, million members, all of whom were wounded seeks to improve the screening experience for according to the Employment and Dis- these brave men and women by requiring the or injured as a result of active duty in the ability Institute at Cornell University, United States Armed Forces. The DAV is Transportation Security Administration to de- dedicated to a single purpose: empowering there are 6,800 working-age civilian velop and implement a process to facilitate the veterans to lead high-quality lives with re- veterans in Indiana, alone, who have ease of travel and provide expedited screen- spect and dignity. We accomplish this by en- had the most severe service-connected ing to these members of the Armed Forces suring that veterans and their families can disability rating. and veterans. access the full range of benefits available to And this past weekend when I was It specifically requires consultation with or- them; fighting for the interests of America’s out at the Indianapolis Motor Speed- ganizations like the Wounded Warrior Project, injured heroes on Capitol Hill; and educating way in honor of Armed Forces Day on American Legion, and Paralyzed Veterans of the public about the great sacrifices and Sunday and as we swore in the young needs of veterans transitioning back to civil- America that advocate on behalf of service ian life. men and women who have agreed to members and veterans. H.R. 1344, the Helping Heroes Fly Act, step up and serve in the National Importantly, to help ensure consistency would direct the Assistant Secretary of Guard and they were reporting to basic across the aviation security system, it also re- Homeland Security, Transportation Security training that day, I knew that this bill quires training for screeners on the protocols Administration (TSA), to provide expedited was on the House floor this week. It for screening injured and disabled service air passenger screening to severely injured was quite emotional to see these young members and veterans. or disabled members of the Armed Forces men and women who we know between and severely injured or disabled veterans. Passage of this legislation is the right thing With many of the members of DAV suf- them and their families are providing to do to for those who sacrificed and were in- fering from the loss of limbs due to their the most incredible sacrifice. I am just jured while serving our nation. wartime service in defense of our nation, we very pleased that we are working on The SPEAKER pro tempore. The are finding it increasingly difficult to under- this bill in this manner. question is on the motion offered by

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.023 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2825 the gentlewoman from Indiana (Mrs. cluding sirens, strobe lights, and signage, pleased to work whenever possible to BROOKS) that the House suspend the shall not be considered to be a permanent address these issues with clear guid- rules and pass the bill, H.R. 1344, as physical barrier. ance from Congress. (e) ENFORCEMENT.— amended. With that, I reserve the balance of (1) IN GENERAL.—Enforcement of a re- The question was taken. stricted area shall be the sole responsibility my time. The SPEAKER pro tempore. In the of the State in which the restricted area is Mrs. NAPOLITANO. Mr. Speaker, I opinion of the Chair, two-thirds being located. yield myself such time as I may con- in the affirmative, the ayes have it. (2) EXISTING AUTHORITIES.—The Secretary sume. Ms. GABBARD. Mr. Speaker, on that shall not assess any penalty for entrance The pending measure was introduced I demand the yeas and nays. into a restricted area under section 4 of the in the Senate on May 16 of this year, The yeas and nays were ordered. Act entitled ‘‘An Act authorizing the con- 2013, and passed the very same day. struction of certain public works on rivers The SPEAKER pro tempore. Pursu- While the bill is apparently a Senate- and harbors for flood control, and for other revised version of the legislation intro- ant to clause 8 of rule XX, further pro- purposes’’, approved December 22, 1944 (16 ceedings on this motion will be post- U.S.C. 460d). duced in February of 2013, no committee hearings or markups were held poned. The SPEAKER pro tempore. Pursu- on either bill. f ant to the rule, the gentleman from Since 1996, the Army Corps of Engi- FREEDOM TO FISH ACT Pennsylvania (Mr. SHUSTER) and the neers has been required to establish re- gentlewoman from California (Mrs. stricted areas for hazardous waters up- Mr. SHUSTER. Mr. Speaker, I move NAPOLITANO) each will control 20 min- to suspend the rules and pass the bill stream and downstream of all Corps utes. dams. As written, S. 982 would revise (S. 982) to prohibit the Corps of Engi- The Chair recognizes the gentleman the current agency policy and would neers from taking certain actions to from Pennsylvania. establish a restricted area prohibiting also prohibit the Army Corps of Engi- public access to waters downstream of b 1350 neers from establishing any restricted a dam, and for other purposes. GENERAL LEAVE areas in hazardous waters at dams and The Clerk read the title of the bill. Mr. SHUSTER. Mr. Speaker, I ask other structures in the Cumberland The text of the bill is as follows: unanimous consent that all Members River basin for a period of 2 years, and S. 982 have 5 legislative days in which to re- also require them to remove any physical barriers that already exist to pre- Be it enacted by the Senate and House of Rep- vise and extend and include extraneous resentatives of the United States of America in materials on S. 982. vent access to the hazardous areas. If Congress assembled, The SPEAKER pro tempore. Is there after the 2-year moratorium, the Corps SECTION 1. SHORT TITLE. objection to the request of the gen- decided to implement new restricted This Act may be cited as the ‘‘Freedom to tleman from Pennsylvania? areas around these dams and other Fish Act’’. There was no objection. structures, it would continue to be pro- SEC. 2. RESTRICTED AREAS AT CORPS OF ENGI- Mr. SHUSTER. Mr. Speaker, I yield hibited from erecting any physical bar- NEERS DAMS. myself such time as I may consume. riers to prevent people from entering (a) DEFINITIONS.—In this Act: S. 982, the Freedom to Fish Act, hazardous areas. (1) RESTRICTED AREA.—The term ‘‘re- would prohibit the Corps of Engineers Mr. Speaker, I have serious concerns stricted area’’ means a restricted area for from restricting public access in the vi- over this legislation because it does hazardous waters at dams and other civil cinity of the 10 dams on the Cum- pose risks for public safety and na- works structures in the Cumberland River tional security. Currently, the Corps basin established in accordance with chapter berland River in Kentucky and Ten- 10 of the regulation entitled ‘‘Project Oper- nessee. This bill, this legislation, was restricts access to certain areas above ations: Navigation and Dredging Operations introduced in the Senate by the leader, and below the dams of the Cumberland and Maintenance Policies’’, published by the Senator MCCONNELL, and also by Sen- River basin in order to keep people Corps of Engineers on November 29, 1996, and ator RAND PAUL of Kentucky, and our from being sucked into the spill waste any related regulations or guidance. own in-House version authored by our or from having their boats swamped or (2) SECRETARY.—The term ‘‘Secretary’’ colleague, ED WHITFIELD from Ken- sunk by unplanned releases from the means the Secretary of the Army, acting tucky. hydropower units, which are very much through the Chief of Engineers. The bill provides for a 2-year morato- un-timed. The reason they do this is (b) EXISTING RESTRICTED AREA.—If the Sec- retary has established a restricted area or rium to give the public, the two States, very simple: to prevent people from modified an existing restricted area during and the Corps of Engineers more time drowning and to restrict access to Fed- the period beginning on August 1, 2012, and to carefully review conditions at these eral dams that would be targets for ter- ending on the day before the date of enact- facilities, and to deal with the imme- rorism or destruction. Without full- ment of this Act, the Secretary shall— diate threat to fishing, tourism, and time law enforcement patrols, areas (1) cease implementing and enforcing the the economy. above and below dams are not con- restricted area until the date that is 2 years I applaud our leadership for bringing stantly monitored, and the Corps has after the date of enactment of this Act; and this legislation to the floor today. This not been able to alert and rescue people (2) remove any permanent physical barriers constructed in connection with the re- is an excellent example of Congress ex- who get into trouble. They have to stricted area. ercising our constitutional authority base it on people who are in boats near- (c) ESTABLISHING NEW RESTRICTED AREA.— to oversee Federal agencies. Far too by to help effect a rescue. Fourteen If, on or after the date of enactment of this often, the executive branch and the people drowned in the last few years, Act, the Secretary establishes any restricted Federal bureaucracy operate without and there have been 20 near misses area, the Secretary shall— input and guidance from Congress. My where there is no Corps staff to help. (1) ensure that any restrictions are based colleagues on the floor of this House In fact, according to a report by on operational conditions that create haz- every day criticize rules, regulations, WRCB–TV in Chattanooga, Tennessee, ardous waters; (2) publish a draft describing the restricted and actions by unelected bureaucrats there have been three fatalities in the area and seek and consider public comment that hurt our districts, our constitu- hazardous waters immediately down- on that draft prior to establishing the re- ents, and our economy. Congress has stream of those dams on the Cum- stricted area; the right, the constitutional duty, to berland River. The waters are so haz- (3) not implement or enforce the restricted oversee Federal agencies and provide ardous at these locations that wearing area until the date that is 2 years after the them with clear guidance and direc- a life jacket is ineffective. And I re- date of enactment of this Act; and tion. peat: ineffective. (4) not take any action to establish a per- As chairman of the Transportation To legislatively preclude a Federal manent physical barrier in connection with and Infrastructure Committee, prob- agency from protecting public health the restricted area. (d) EXCLUSIONS.—For purposes of this sec- lems with the Army Corps of Engineers and national security seems a very un- tion, the installation and maintenance of are frequently brought to my attention wise course of action, and I have sig- measures for alerting the public of hazardous by my colleagues from both sides of the nificant concerns about the precedent water conditions and restricted areas, in- aisle, Republicans and Democrats. I am that would be set by this legislation.

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.038 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2826 CONGRESSIONAL RECORD — HOUSE May 21, 2013 Mr. Speaker, I reserve the balance of These are very rural areas. I will tell ly, an official who will be soon moving my time. you that the Fish and Wildlife Service away from our area and living in an- Mr. SHUSTER. Mr. Speaker, I yield 3 provides a great deal of protection and other part of the country. He’s a fine minutes to the gentleman from Ken- enforcement of broken laws in this gentleman, but this is an opportunity tucky (Mr. WHITFIELD), the author of area. Many of these people are quite fa- for us to reclaim our local rights, our the House version of this bill. miliar with each other, and I’m not traditions, our freedom to fish. Mr. WHITFIELD. Chairman SHUSTER, going to be able to address the home- I would urge colleagues on both sides I want to thank you and Ranking land security issue in detail, except to of the aisle to have a little common Member NAPOLITANO for agreeing to say that it is enforced. Many of the sense here. Support S. 982. It’s a very bring this important legislation to the people who fish there through the fish- reasonable approach to trying to solve floor. I will tell you, last September ing competitions and for the economic this problem, solving this dispute with the Army Corps of Engineers made a growth know each other. the Corps. Support S. 982. decision that at the 10 dams located on But on the safety issue, I would just Mr. SHUSTER. Mr. Speaker, I yield 2 the Cumberland River, they would put say 14 drownings in 42 years around the minutes to the gentlewoman from Ten- up a barrier of fishing near these dams dam itself, 881 in other areas, and so nessee (Mrs. BLACKBURN). in the tailwaters. we’re not asking that this be a perma- Mrs. BLACKBURN. Mr. Speaker, I do Despite opposition from the Gov- nent restriction. We are simply asking rise today to support this legislation ernors of Tennessee and Kentucky, the the Corps to work with the Governors, and to support the sportsmen from Fish and Wildlife Services of Kentucky the Fish and Wildlife Services of both Tennessee and Kentucky. And as you and Tennessee, Senator ALEXANDER, States, the Senate and House, and local can see, this is an issue where there is Senator CORKER, Congressman JIM county judges to address it in a more bipartisan agreement. COOPER, MARSHA BLACKBURN of Ten- permanent way. One of my constituents said it so nessee, STEVE FINCHER, myself, RAND So I would respectfully request that well. They’re so frustrated with this PAUL, MITCH MCCONNELL and others— you approve the Senate bill, which situation, and we’ve heard from so we wrote letters to the Corps. We had would simply delay this for 2 years for many of them on it. And they said, you public meetings with the Corps. We additional study. know, you can turn on the TV any sent petitions to the Corps. We had night and you see government over- b 1400 phone calls with the Corps, and asked reach, whether it’s the IRS admitting them to delay the implementation, pri- Mrs. NAPOLITANO. Mr. Speaker, I that they have targeted conservative marily because of the sequestration yield myself such time as I might con- groups or DOJ wiretapping reporters. and the amount of money that it would sume to say it’d be nice to know why And then you get home to Tennessee take to put these barriers up, which the Army Corps has not really been ef- and, at the local level, what you see is would be almost $3 million. fective in getting back to the parties the Corps of Engineers coming in and Despite our best efforts, and we had that have asked for information and saying, well, by the way, we’re going to meetings at which 400 to 500 people at- working with them; and it would be change something, and you’re not tended, they refused to delay the im- very much interesting to know wheth- going to be able to fish. plementation. So I rise today to super or not it’s because of sequestration Fishing in Tennessee is a tradition. port this Senate bill because it delays or budget or whatever, but we might It is a favorite pastime. Sportsmen the implementation for 2 years. delve into it later. have been fishing along this beautiful I want to thank the gentlelady for I yield 3 minutes to the gentleman Cumberland River for years. As Mr. bringing up the safety issue. All of us from Tennessee, Congressman COOPER. COOPER said, it is a beautiful place to are very much concerned about the Mr. COOPER. I thank the gentlelady be. And since the dams were built, I safety issue. But I would like to point for yielding. have to tell you, there are now genera- out that in the 42 years of the history This is a completely bipartisan meas- tions of Tennesseeans, you will see of these dams on the Cumberland River ure, and I hope that we have an over- families out together fishing. We have in Tennessee and Kentucky, there have whelming vote in support of it. about 900,000 registered anglers in our been 881 drownings in the collective The Freedom to Fish Act is a very re- State, and I have to tell you, I think lakes and waters not including the area sponsible piece of legislation put for- our office has heard from almost every immediately around the dam. There ward in the Senate by my colleague, one of them on this issue. They have have only been 14 drownings—and any Senator LAMAR ALEXANDER. been very persistent. drowning is too many—but in 42 years In the hearing on the Senate side, One thing I would want my col- around the dam where they are focused Senator FEINSTEIN pointed out to the leagues to know is that our sportsmen on, there have been 14 drownings. I Army Corps of Engineers’ witness how in our State are wonderful stewards of might say that of those 14 drownings, reasonable Senator ALEXANDER was conserving our natural resources and five of them occurred on the banks; trying to be, how reasonable this ap- the great outdoors, and they exercise two of them were of unknown causes; proach was. So I think we can say with personal responsibility and great care three were because people were not some certainty that this is something in protecting their favorite place to go even wearing life jackets; three were that should be overwhelmingly sup- fishing. because they were wearing the life ported by this House. It is really to the disbelief of the jackets improperly; and only one For my colleagues, the Cumberland Army Corps of Engineers that we al- drowning occurred in 42 years where River is perhaps unknown to you. It’s a ready know when it is safe or not to go the person was wearing the life jacket beautiful river. Every elected official fish in these tailwaters. So what we’re properly. that I’m aware of in our area, Demo- saying is let’s right this wrong, and So I would say to the Corps, the real crat and Republican, supports this leg- let’s allow individuals to get back and safety issue relates to the collective islation. enjoy the Freedom to Fish Act. Pass it waters not around the dams. Of course, Safety is an issue, but so is over- today. we all are very much concerned about reaching by our friends at the Corps. Mrs. NAPOLITANO. Mr. Speaker, I protecting the homeland, homeland se- Occasionally they’re a little bit tone yield myself the balance of the time. curity, and I will tell you in these very deaf, especially if they get transferred I really appreciate the information rural areas of Tennessee and Kentucky in and out a little bit too quickly. from my colleagues on the other side. where these dams are located, many This is an amazing little way to fish It is only for 2 years, which is time people are out there fishing. here, below the dams. Some of you not enough to be able to have the Corps The SPEAKER pro tempore. The realizing, you think fish is this big or and the individual participants be able time of the gentleman has expired. this big. Some of these fish are 30 and to come to some agreement. Mr. SHUSTER. I yield the gentleman 40 pounds. The fact that there is, according to an additional minute. This is a magnificent recreational re- my colleague, no fishing, I think it’s Mr. WHITFIELD. I thank the gen- source that has been unfairly harmed only in certain areas, which would be tleman. by proposed Corps actions and by, real- at the lip of the dam and below the

VerDate Mar 15 2010 01:03 May 22, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.040 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2827 dam where the spill is where there is Mr. SHUSTER. Mr. Speaker, it’s now The Clerk read the title of the con- danger of boats getting swamped, and a great pleasure for me to yield 2 min- current resolution. so it is something that we need to look utes to the gentleman from Frog Jump, The text of the concurrent resolution forward and see what happens. Tennessee (Mr. FINCHER). is as follows: With that, Mr. Speaker, I yield back Mr. FINCHER. Thank you, Mr. Chair- S. CON. RES. 16 the balance of my time. man, for yielding. Resolved by the Senate (the House of Rep- Mr. SHUSTER. Mr. Speaker, I yield 2 I have had the privilege of fishing ac- resentatives concurring), That minutes to the gentleman from Ken- tually on the Cumberland River at Bar- SECTION 1. USE OF EMANCIPATION HALL FOR tucky (Mr. BARR). kley Dam. My grandfather took me THE UNVEILING OF FREDERICK Mr. BARR. Mr. Speaker, spring is many times to fish there. And how this DOUGLASS STATUE. (a) AUTHORIZATION.—Emancipation Hall in upon us, a season that is important to would work, and why it’s such a good the Capitol Visitor Center is authorized to be several of Kentucky’s signature indus- fishing spot is, when they would re- used for an event on June 19, 2013, to unveil tries. Not only does spring signify lease the water from the top of the dam a statue of Frederick Douglass. horse racing and the Kentucky Derby, and when it would come under and (b) PREPARATIONS.—Physical preparations but it also marks the beginning of the come in the back of the dam, the for the conduct of the event described in sub- adventure and outdoor tourism season waters would roll up, and the big fish section (a) shall be carried out in accordance as well. with such conditions as may be prescribed by that we talk about would roll up off the Architect of the Capitol. Tourism is an $11.7 billion signature the bottom, and that’s why the fishing The SPEAKER pro tempore. Pursu- industry in my State, employing over is so good. 166,000 Kentuckians and accounting for And it’s like we don’t have enough ant to the rule, the gentlewoman from Michigan (Mrs. MILLER) and the gentle- 1 in 10 jobs across the Commonwealth. things to do in Washington that we’re woman from the District of Columbia A major part of Kentucky tourism dealing with this issue today. I want to (Ms. NORTON) each will control 20 min- stems from one of America’s favorite thank Mr. WHITFIELD for bringing this utes. pastimes—fishing. up, but commonsense solutions to In my district, the Kentucky River is The Chair recognizes the gentle- problems are what we should be talk- woman from Michigan. enjoyed by many, many, as it stretches ing about. And the Corps, in many re- GENERAL LEAVE from the Daniel Boone National Forest spects, they do good work, but bringing Mrs. MILLER of Michigan. Mr. and meanders through horse farms in this up, stopping the fishing from oc- Speaker, I ask unanimous consent that the central Bluegrass, specifically in curring at the dams and on the rivers, all Members have 5 legislative days to Woodford and Franklin Counties. the Cumberland River in specific, is ri- Fishermen especially enjoy fishing in revise and extend their remarks on the diculous. the Kentucky River’s tailwaters sur- We need to get down to the business concurrent resolution. The SPEAKER pro tempore. Is there rounding locks and dams, areas noto- of America—let’s let people fish where objection to the request of the gentle- rious for having an abundance of fish. they’ve always fished, like my grand- woman from Michigan? Unfortunately, the Army Corps of En- father took me to Barkley Dam over gineers has decided to prohibit There was no objection. and over and over, time and time Mrs. MILLER of Michigan. I yield tailwater fishing in a sister river just again—and get to the real issues. south of my district, the Cumberland myself such time as I may consume. I urge my colleagues to support this Mr. Speaker, I rise in support of Sen- River, where many of my constituents legislation today, and let’s give the travel to engage in their favorite pas- ate Concurrent Resolution 16, author- power back to the people—common- izing the use of Emancipation Hall in time. sense solutions for real problems. This is yet another example of gov- the Capitol Visitor Center for the un- ernment overreach, where this time b 1410 veiling of a statue of Frederick Doug- the government is telling us how to Mr. SHUSTER. Mr. Speaker, in clos- lass, a great abolitionist. Frederick fish in water systems that have been ing, once again, I just want to applaud Douglass is a pivotal figure in Amer- safely utilized for generations. We our leadership for bringing this legisla- ican history who had an unyielding must not allow the Corps to set a tion to the floor today. As I said ear- dedication to equal rights, the aboli- precedent for regulating how Kentuck- lier, this is an excellent opportunity, tion of slavery, and the enhancement ians and Americans alike spend their excellent example for Congress to exer- of women’s suffrage. His brave actions time outdoors. cise our constitutional authority over and compelling writings inspired and As our fragile economy continues to these Federal agencies. forever changed this grateful Nation. recover, my constituents tell me that With that, I would urge all my col- Born into slavery, Frederick Doug- they plan on sticking closer to home to leagues to join in supporting this im- lass escaped to New York in 1838 dis- recreate this spring and summer. Over- portant legislation, S. 982, and I yield guised as a free uniformed sailor. Upon regulation of fishing is a deterrent to back the balance of my time. achieving his own freedom, he quickly family time and harms our local busi- The SPEAKER pro tempore. The and unwaveringly turned his life’s mis- nesses that depend on the revenue from question is on the motion offered by sion to seeking freedom, justice, and seasonal recreation and tourism. the gentleman from Pennsylvania (Mr. equality for all. Frederick Douglass in- I ask my colleagues to join me in SHUSTER) that the House suspend the spired in African Americans the funda- support of the Freedom to Fish Act, rules and pass the bill, S. 982. mental that one’s achievement cannot which places a 2-year moratorium on The question was taken; and (two- be limited by one’s color and that the the Corps’ plan to restrict access to thirds being in the affirmative) the American Dream is within reach for all tailwaters in the Cumberland River. rules were suspended and the bill was Americans, regardless of race. The SPEAKER pro tempore. The passed. Over a century has passed since his time of the gentleman has expired. A motion to reconsider was laid on death, and yet his contribution to Mr. SHUSTER. I yield the gentleman the table. American society is very much alive an additional 30 seconds. f today. His tireless dedication, brilliant Mr. BARR. This will allow us time to words, and inclusive vision of human- implement a permanent plan to halt AUTHORIZING USE OF EMANCI- ity continue to inspire people of all Army Corps from setting a precedent of PATION HALL FOR UNVEILING races. In considering the remarkable restricting access to any tailwaters OF STATUE OF FREDERICK achievements of Frederick Douglass going forward. DOUGLASS and his contributions to our rich his- I’m an original cosponsor of this leg- Mrs. MILLER of Michigan. Mr. tory, his presence within the United islation—and I applaud the leadership Speaker, I move to suspend the rules States Capitol will honor this institu- of Mr. WHITFIELD, my colleague from and concur in the concurrent resolution and serve as endearing testimony Kentucky—and that does exactly this: tion (S. Con. Res. 16) authorizing the to this Nation’s struggle for freedom protect fishermen in rural economies use of Emancipation Hall in the Cap- and for equality. and Americans’ right to choose how itol Visitor Center for the unveiling of I want to thank the Senator from the they recreate. a statue of Frederick Douglass. State of New York, Mr. SCHUMER, for

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.042 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2828 CONGRESSIONAL RECORD — HOUSE May 21, 2013 introducing this concurrent resolution, even nonvoting representation in the the gentlewoman from Michigan (Mrs. as well as my colleague, Ms. NORTON Congress, or a local government, and MILLER) that the House suspend the from the District of Columbia, for her even today have no vote on the floor of rules and concur in the concurrent res- work on this, and I would certainly the House and no Senators, although olution, S. Con. Res. 16. urge my colleagues to support it. our residents pay Federal income taxes The question was taken; and (two- I reserve the balance of my time. like everybody else and fight in all the thirds being in the affirmative) the Ms. NORTON. I rise in strong support Nation’s wars like everybody else. The rules were suspended and the concur- of Senate Concurrent Resolution 16. city had both home rule and a delegate rent resolution was concurred in. I would like to begin by thanking for a brief period during Reconstruc- A motion to reconsider was laid on Chairman MILLER for her help in bring- tion and then was without any home the table. ing this resolution to the floor. I also rule government or any representation thank Ranking Member BRADY for his in the Congress for over 100 years, until f longstanding commitment to placing a the 1970s. District of Columbia statue in the In his autobiography, ‘‘The Life and RAISING A QUESTION OF THE United States Capitol. When he chaired Times of Frederick Douglass,’’ Doug- PRIVILEGES OF THE HOUSE the committee, it approved my bill lass commented on the unequal polit- Mr. GRAYSON. Mr. Speaker, I rise to that would have given the District two ical status of his hometown, the Dis- a question of the privileges of the statues in the Capitol, the usual prac- trict of Columbia, and of its residents. House and offer the resolution pre- tice. But, we are pleased to have our Most of what Douglass wrote in the viously noticed. first statue and are grateful to the 19th century holds true today. The SPEAKER pro tempore (Mr. House leadership for permitting this I am quoting Douglass from his auto- SIMPSON). The Clerk will report the bill on the floor today. We especially biography: resolution. thank Senators SCHUMER and DURBIN These people are outside of the United The Clerk read as follows: for their help in getting this resolu- States. They occupy neutral ground and have no political existence. They have nei- Resolved, That the House of Representa- tion, as well as the bill authorizing the ther voice nor vote in all the practical poli- tives shall not consider H.R. 3, the ‘Northern placement of the Douglass statue in tics of the United States. They are hardly to Route Approval Act’ because: (1) it violates the Capitol, passed in the Senate. The be called citizens of the United States. Prac- Rule XXI of the House, and (2) it affects the District of Columbia has no Senators tically, they are aliens, not citizens but sub- dignity and integrity of the proceedings of so we’re fortunate we have distin- jects. The District of Columbia is the one the House since it is unconstitutional. guished allies like Senators SCHUMER spot where there is no government for the The SPEAKER pro tempore. Does the people, of the people, and by the people. Its and DURBIN. gentleman from Florida wish to Like the residents of the 50 States, citizens submit to rulers whom they have present argument on the parliamen- had no choice in selecting. They obey laws tary question whether the resolution the residents of the District of Colum- which they had no voice in making. They bia have fought and died in all our Na- have plenty of taxation but no representa- presents a question of the privileges of tion’s wars and have always paid Fed- tion. the House? eral income taxes. Unlike the residents Mr. GRAYSON. Yes. b 1420 of the 50 States, however, District of The SPEAKER pro tempore. The gen- Columbia residents are still fighting In the great questions of politics in tleman from Florida is recognized for for their equal rights as American citi- the country they can march with nei- that purpose. zens. Since 2002, one component of that ther army, but are relegated to the po- Mr. GRAYSON. I rise today to ad- fight has been to have statues rep- sition of neuters. I have nothing to say dress H.R. 3, the Northern Route Ap- resenting the District of Columbia in favor of this anomalous condition of proval Act, and my resolution raising a placed in the Capitol, like the States, the people of the District of Columbia, question of privilege regarding the which fulfill every obligation of citi- and hardly think that it ought to be or matter. zenship, as the District does. will be much longer. Mr. Douglass did Please note that this is a privileged D.C. residents chose Douglass to rep- not mince his words. motion and therefore outside the scope The Douglass statue in our Capitol resent them in the Capitol not only be- of the Rules Committee’s jurisdiction will recognize the universality of his cause he is one of the great inter- regarding ‘‘the order of business of the dedication to human rights and demo- national icons of human and civil House’’ under rule X. Rather, this is a cratic rights. His statue in the Capitol rights; but for us, Douglass is espe- question of privilege ‘‘affecting the will remind District of Columbia resi- cially important because he was not rights of the House collectively, its dents that they, too, will partake of content to rest on his historic national safety, dignity, and the integrity of its these values one day. His statue will achievements alone. He knew where he proceedings’’ pursuant to rule IX. It is offer the same pride that other citizens lived and was deeply involved in the not invoked to ‘‘effect a change in the of our country experience when they civic and political affairs of the Dis- rules or their interpretation’’ as pre- come to the Capitol and see memorials scribed by House Rules and Manual at trict of Columbia. that commemorate the efforts of their Douglass, a strong Republican, page 420. residents and their significant con- served as Recorder of Deeds of the Dis- Consideration of this bill exceeds tributions. And the Douglass statue of- trict of Columbia, as United States ‘‘the rights of the House collectively’’ fers other Americans the opportunity Marshal here, as a member of the D.C. and brings into question the ‘‘dignity to see the residents of their Nation’s and the integrity of the proceedings’’ Council—its upper chamber then—ap- Capital honored as well in their Cap- of the House of Representatives under pointed by the Republican president at itol. the time, Ulysses S. Grant. Douglass Mr. Speaker, I yield back the balance House rule IX because, first, it is un- was also a member of the Board of of my time. constitutional, and second, it is an ear- Trustees of Howard University for 24 Mrs. MILLER of Michigan. Mr. mark. years. Douglass made his home in the Speaker, again I want to thank my col- I presented this matter to the full Anacostia neighborhood of southeast league from the District of Columbia House in H. Res. 225 as a question of Washington, which is now the Fred- for her very eloquent words. We are all privilege last night, and I noticed the erick Douglass National Historic Site, looking forward to the unveiling of the question immediately following the administered by the National Park statue of this remarkable American only vote series of the day. Service. that is such a critical component of Mr. Speaker, pursuant to rule IX of In choosing Douglass, it was impor- our proud history. the House you must now make your de- tant to our residents that Douglass With that, I would urge all of my col- termination as to whether or not this also dedicated himself to securing self- leagues to support this Senate concur- is an appropriate ‘‘question of privi- government and voting rights for the rent resolution, and I yield back the lege’’ and hold a vote on the resolution residents of the District of Columbia. balance of my time. offered before the House. Before that Many Americans may not know that The SPEAKER pro tempore. The happens, I would like to address the D.C. residents have only rarely had question is on the motion offered by two claims I have made against the bill

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.046 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2829 offered by the gentleman from Ne- The SPEAKER pro tempore. The strays off the course of the question of braska, and then I will outline the rea- Chair would remind the gentleman privilege. sons why I feel you should find in favor that there are two different questions. Mr. GRAYSON. Again, Mr. Speaker, I of my question of privilege. One is the merits of the measure that don’t believe you can properly do that H.R. 3 is unconstitutional. ‘‘The Con- the gentleman keeps trying to propose without being fully informed as to the stitution does not permit Congress to in his remarks; the other is the ques- facts here. execute the laws.’’ tion of privilege. The debate is on the May I proceed? The above is taken from the Supreme question of privilege, whether this res- The SPEAKER pro tempore. The gen- Court’s ruling in Bowsher v. Synar. olution constitutes a question of privi- tleman may proceed in order. The bill before us violates this prin- lege. Mr. GRAYSON. Apparently, we are ciple. Congress creates the laws, and Mr. GRAYSON. I understand that. no longer satisfied with writing the it’s up to the Executive to execute the But I don’t think that the Chair can laws. We have now taken it upon our- laws. properly be informed of that question selves to execute them as well. This Under section 3 of this bill, however, without the material that I’m pro- discredits the institution, not only ‘‘the final environmental impact state- viding to the Chair right now. within the Federal Government—comment issued by the Secretary of State The SPEAKER pro tempore. The gen- plicating our constitutional relation- on August 26, 2011’’ and ‘‘the Presi- tleman may proceed in order. ship with both the executive and the dential permit required for the pipeline Mr. GRAYSON. Thank you. judicial branches—but also in the eyes described in the application filed on The Supreme Court held in Bowsher of the American people. We must not May 4, 2012’’—— v. Synar that ‘‘interpreting a law en- allow the House to be degraded this The SPEAKER pro tempore. The gen- acted by Congress to implement the way. tleman must confine his remarks to legislative mandate is the very essence Even when the facts of the bill are whether the resolution qualifies as a of ‘execution’ of the law,’’ and that’s examined, this measure fails. The bill question of privilege. states that the environmental impact Mr. GRAYSON. I believe I have. May exactly what is being proposed here. The exercise of judgment in the bill statement satisfies NEPA. That envi- I continue? ronmental impact statement, however, The SPEAKER pro tempore. The gen- before us concerning facts that affect was for a different project—the Key- tleman may not debate the underlying application of statute constitutes exe- stone XL Pipeline as proposed in 2009, a bill but must confine himself to the cution of the law. It is an unconstitu- pipeline that would have terminated in matter of privilege. tional act that this body should not en- Mr. GRAYSON. Respectfully, Mr. tertain. It violates separation of pow- the Gulf Coast. The SPEAKER pro tempore. The Chairman, I think they are inex- ers and violates the principle under- Chair has heard sufficient argument. tricably entwined. I don’t see how I can lying the prohibition of bills of attain- The argument that the gentleman is do one without the other. der. May I continue? Statements are deemed by this bill to making is proper for the merits of the The SPEAKER pro tempore. The gen- be in compliance with laws the Execu- proposed legislation but not on the tleman may proceed in order. tive has been tasked with executing— question of privilege. The Chair will Mr. GRAYSON. ‘‘by TransCanada the National Environmental Policy Act rule. Keystone Pipeline, L.P. to the Depart- of 1969, known as NEPA, and the Na- The gentleman from Florida seeks to ment of State as supplemented to in- tional Historic Preservation Act. If you offer this resolution as a question of clude the Nebraska reroute evaluated see section 3 of H.R. 3, it’s referenced the privileges of the House under rule in the Final Evaluation Report issued there. This is an impermissible execu- IX. The resolution proposes a special by the Nebraska Department of Envi- tion of the law. order of business with regard to a spec- ronmental Quality in January 2013 and Congress, through this bill, is at- ified legislative measure. Specifically, approved by the Nebraska Governor’’ tempting to apply the facts of the Key- it mandates that a measure not be con- shall ‘‘be considered or deemed to sat- stone XL pipeline environmental im- sidered by the House because it is un- isfy all requirements of the National pact statement to the body of law and constitutional and violates a rule of Environmental Policy Act of 1969 and deciding that they comply. This is un- the House. the National Historic Preservation constitutional and brings into question To qualify as a question of privilege, Act.’’ This is a clear attempt by this the ‘‘dignity and the integrity of pro- a resolution must affect the rights of body to execute the law of the land, ceedings’’ of the House. the House collectively, its safety, dig- and that is proscribed by the Constitu- The SPEAKER pro tempore. The nity, or integrity of its proceedings. In tion. Chair will give the gentleman one more evaluating the resolution under the Again, Mr. Speaker, the Executive opportunity. The question of constitu- standards of rule IX, the Chair is guid- must execute the laws. H.R. 3 runs tionality is not the same as a question ed by a fundamental principle illumi- afoul of this requirement. The Supreme of privileges of the House. The gen- nated by annotations of precedent in Court held in Bowsher v. Synar that in- tleman should confine himself to the section 706 of the House Rules and terpreting a law enacted by Congress question of privileges of the House. Manual, to wit: that a question of the to implement the legislative mandate And if the gentleman is unprepared to privileges of the House may not be in- is the very essence of ‘‘execution of the do so, the Chair is prepared to rule. voked to effect a change in the rules or law,’’ and that’s exactly what is being Mr. GRAYSON. Mr. Chairman, the standing orders of the House or their proposed here and forbidden by the last words that I just said were that interpretation, nor to prescribe a spe- Constitution. this offends the ‘‘dignity and the integ- cial order of business for the House. The exercise of judgment in the bill rity of the proceedings’’ of the House. The averment that this resolution before us concerning facts that affect This relates directly to the matter be- presents a question of the privileges of application of statute—— fore the Chair. the House under rule IX embodies pre- The SPEAKER pro tempore. The gen- May I proceed? cisely the contrary principle, under tleman’s remarks should be confined to The SPEAKER pro tempore. The gen- which each individual Member of the the question of privileges of the House. tleman may proceed on the question of House would constituent a virtual The gentleman’s remarks address the privilege, and the Chair believes the Rules Committee, able to place before underlying bill, which is not before the gentleman knows the difference. the House at any time whatever pro- House currently. If the gentleman is posed order of business he or she might unwilling to confine his remarks to the b 1430 deem advisable based on allegations of question of privilege, the Chair is pre- Mr. GRAYSON. Mr. Speaker, I stand unconstitutionality or violations of the pared to rule. by what I just said. rules. In such an environment, any- Mr. GRAYSON. Mr. Speaker, it’s not May I proceed? thing could be privileged; so nothing a question of whether I’m willing to. The SPEAKER pro tempore. The gen- would enjoy true privilege. As I indicated before, the two are inex- tleman may proceed, but the Chair is Accordingly, under the long and well- tricably linked. prepared to rule if the gentleman settled line of precedent, as elucidated

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.064 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2830 CONGRESSIONAL RECORD — HOUSE May 21, 2013 most recently by the ruling of August Ellmers Lamborn Quigley Watt Whitfield Woodall 10, 2010, the Chair finds that such a res- Enyart Lance Radel Waxman Williams Yarmuth Eshoo Langevin Rahall Weber (TX) Wilson (FL) Yoder olution does not affect the rights of the Esty Larsen (WA) Rangel Webster (FL) Wilson (SC) Yoho House collectively, its safety, dignity, Farenthold Larson (CT) Reed Welch Wittman Young (FL) or the integrity of its proceedings Farr Latham Reichert Wenstrup Wolf Young (IN) Fattah Latta Renacci Westmoreland Womack within the meaning of clause 1 of rule Fincher Lee (CA) Ribble IX and, therefore, does not qualify as a Fitzpatrick Levin Rice (SC) NOT VOTING—17 question of the privileges of the House. Fleischmann Lewis Richmond Brady (PA) Hartzler Markey Fleming Lipinski Rigell Bridenstine Hastings (FL) Mullin f Flores LoBiondo Roby Clyburn Herrera Beutler Peters (CA) Forbes Loebsack Roe (TN) Cole Hudson Sarbanes ANNOUNCEMENT BY THE SPEAKER Fortenberry Lofgren Rogers (AL) Diaz-Balart Lankford Young (AK) PRO TEMPORE Foster Long Rogers (KY) Engel Lucas Foxx Lowenthal Rogers (MI) The SPEAKER pro tempore. Pursu- Frankel (FL) Lowey Rohrabacher b 1458 Franks (AZ) Luetkemeyer Rokita ant to clause 8 of rule XX, proceedings Messrs. DUNCAN of South Carolina will resume on motions to suspend the Frelinghuysen Lujan Grisham Rooney Fudge (NM) Ros-Lehtinen and CONYERS changed their vote from rules previously postponed. Gabbard Luja´ n, Ben Ray Roskam ‘‘nay’’ to ‘‘yea.’’ Votes will be taken in the following Gallego (NM) Ross So (two-thirds being in the affirma- order: Garamendi Lummis Rothfus Garcia Lynch Roybal-Allard tive) the rules were suspended and the H.R. 1412, by the yeas and nays; Gardner Maffei Royce bill, as amended, was passed. H.R. 324, by the yeas and nays; Garrett Maloney, Ruiz The result of the vote was announced H.R. 1344, by the yeas and nays. Gerlach Carolyn Runyan as above recorded. The first electronic vote will be con- Gibbs Maloney, Sean Ruppersberger Gibson Marchant Rush A motion to reconsider was laid on ducted as a 15-minute vote. Remaining Gingrey (GA) Marino Ryan (OH) the table. electronic votes will be conducted as 5- Gohmert Massie Ryan (WI) Stated for: minute votes. Goodlatte Matheson Salmon Gosar Matsui Sa´ nchez, Linda Mr. PETERS of California. Mr. Speaker, on f Gowdy McCarthy (CA) T. rollcall No. 164, I inserted card and voted— Granger McCarthy (NY) Sanchez, Loretta light turned green but did not register. On this IMPROVING JOB OPPORTUNITIES Graves (GA) McCaul Sanford vote, I would have voted ‘‘yea.’’ FOR VETERANS ACT OF 2013 Graves (MO) McClintock Scalise Grayson McCollum Schakowsky Mr. COLE. Mr. Speaker, on rollcall No. 164, The SPEAKER pro tempore. The un- Green, Al McDermott Schiff (H.R. 1412—Improving Job Opportunities for finished business is the vote on the mo- Green, Gene McGovern Schneider Veterans) had I been present, I would have Griffin (AR) McHenry Schock tion to suspend the rules and pass the Griffith (VA) McIntyre Schrader voted ‘‘yea.’’ bill (H.R. 1412) to improve and increase Grijalva McKeon Schwartz f the availability of on-job training and Grimm McKinley Schweikert apprenticeship programs carried out by Guthrie McMorris Scott (VA) AWARDING CONGRESSIONAL GOLD Gutierrez Rodgers Scott, Austin the Secretary of Veterans Affairs, and Hahn McNerney Scott, David MEDAL TO FIRST SPECIAL SERV- for other purposes, as amended, on Hall Meadows Sensenbrenner ICE FORCE which the yeas and nays were ordered. Hanabusa Meehan Serrano The SPEAKER pro tempore (Mr. The Clerk read the title of the bill. Hanna Meeks Sessions Harper Meng Sewell (AL) MEADOWS). The unfinished business is The SPEAKER pro tempore. The Harris Messer Shea-Porter the vote on the motion to suspend the question is on the motion offered by Hastings (WA) Mica Sherman rules and pass the bill (H.R. 324) to the gentleman from Florida (Mr. MIL- Heck (NV) Michaud Shimkus Heck (WA) Miller (FL) Shuster grant the Congressional Gold Medal, LER ) that the House suspend the rules Hensarling Miller (MI) Simpson collectively, to the First Special Serv- and pass the bill, as amended. Higgins Miller, Gary Sinema ice Force, in recognition of its superior The vote was taken by electronic de- Himes Miller, George Sires service during World War II, on which vice, and there were—yeas 416, nays 0, Hinojosa Moore Slaughter Holding Moran Smith (NE) the yeas and nays were ordered. not voting 17, as follows: Holt Mulvaney Smith (NJ) The Clerk read the title of the bill. [Roll No. 164] Honda Murphy (FL) Smith (TX) The SPEAKER pro tempore. The Horsford Murphy (PA) Smith (WA) YEAS—416 Hoyer Nadler Southerland question is on the motion offered by Aderholt Buchanan Cook Huelskamp Napolitano Speier the gentleman from Arkansas (Mr. Alexander Bucshon Cooper Huffman Neal Stewart COTTON) that the House suspend the Amash Burgess Costa Huizenga (MI) Negrete McLeod Stivers Amodei Bustos Cotton Hultgren Neugebauer Stockman rules and pass the bill. Andrews Butterfield Courtney Hunter Noem Stutzman This is a 5-minute vote. Bachmann Calvert Cramer Hurt Nolan Swalwell (CA) The vote was taken by electronic de- Bachus Camp Crawford Israel Nugent Takano vice, and there were—yeas 415, nays 0, Barber Campbell Crenshaw Issa Nunes Terry Barletta Cantor Crowley Jackson Lee Nunnelee Thompson (CA) not voting 18, as follows: Barr Capito Cuellar Jeffries O’Rourke Thompson (MS) [Roll No. 165] Barrow (GA) Capps Culberson Jenkins Olson Thompson (PA) Barton Capuano Cummings Johnson (GA) Owens Thornberry YEAS—415 Bass Ca´ rdenas Daines Johnson (OH) Palazzo Tiberi Aderholt Blackburn Capuano Beatty Carney Davis (CA) Johnson, E. B. Pallone Tierney Alexander Blumenauer Ca´ rdenas Becerra Carson (IN) Davis, Danny Johnson, Sam Pascrell Tipton Amash Bonamici Carney Benishek Carter Davis, Rodney Jones Pastor (AZ) Titus Amodei Bonner Carson (IN) Bentivolio Cartwright DeFazio Jordan Paulsen Tonko Andrews Boustany Carter Bera (CA) Cassidy DeGette Joyce Payne Tsongas Bachmann Brady (TX) Cartwright Bilirakis Castor (FL) Delaney Kaptur Pearce Turner Bachus Braley (IA) Cassidy Bishop (GA) Castro (TX) DeLauro Keating Pelosi Upton Barber Brooks (AL) Castor (FL) Bishop (NY) Chabot DelBene Kelly (IL) Perlmutter Valadao Barletta Brooks (IN) Castro (TX) Bishop (UT) Chaffetz Denham Kelly (PA) Perry Van Hollen Barr Broun (GA) Chabot Black Chu Dent Kennedy Peters (MI) Vargas Barrow (GA) Brown (FL) Chaffetz Blackburn Cicilline DeSantis Kildee Peterson Veasey Barton Brownley (CA) Chu Blumenauer Clarke DesJarlais Kilmer Petri Vela Bass Buchanan Cicilline Bonamici Clay Deutch Kind Pingree (ME) Vela´ zquez Beatty Bucshon Clarke Bonner Cleaver Dingell King (IA) Pittenger Visclosky Becerra Burgess Clay Boustany Coble Doggett King (NY) Pitts Wagner Benishek Bustos Cleaver Brady (TX) Coffman Doyle Kingston Pocan Walberg Bentivolio Butterfield Coble Braley (IA) Cohen Duckworth Kinzinger (IL) Poe (TX) Walden Bera (CA) Calvert Coffman Brooks (AL) Collins (GA) Duffy Kirkpatrick Polis Walorski Bilirakis Camp Cohen Brooks (IN) Collins (NY) Duncan (SC) Kline Pompeo Walz Bishop (GA) Campbell Collins (GA) Broun (GA) Conaway Duncan (TN) Kuster Posey Wasserman Bishop (NY) Cantor Collins (NY) Brown (FL) Connolly Edwards Labrador Price (GA) Schultz Bishop (UT) Capito Conaway Brownley (CA) Conyers Ellison LaMalfa Price (NC) Waters Black Capps Connolly

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.065 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2831 Conyers Hoyer Napolitano Southerland Upton Webster (FL) Butterfield Gowdy McClintock Cook Huelskamp Neal Speier Valadao Welch Calvert Granger McCollum Cooper Huffman Negrete McLeod Stewart Van Hollen Wenstrup Camp Graves (MO) McDermott Costa Huizenga (MI) Neugebauer Stivers Vargas Westmoreland Campbell Grayson McGovern Cotton Hultgren Noem Stutzman Veasey Whitfield Cantor Green, Al McHenry Courtney Hunter Nolan Swalwell (CA) Vela Williams Capito Green, Gene McIntyre ´ Cramer Hurt Nugent Takano Velazquez Wilson (FL) Capps Griffin (AR) McKeon Crawford Israel Nunes Terry Visclosky Wilson (SC) Capuano Griffith (VA) McKinley Thompson (CA) Wagner ´ Crenshaw Issa Nunnelee Wittman Cardenas Grijalva McMorris Thompson (MS) Walberg Crowley Jackson Lee O’Rourke Wolf Carney Grimm Rodgers Cuellar Jeffries Olson Thompson (PA) Walden Carson (IN) Guthrie McNerney Womack Culberson Jenkins Owens Thornberry Walorski Carter Gutierrez Meadows Woodall Cummings Johnson (GA) Palazzo Tiberi Walz Cartwright Hahn Meehan Yarmuth Daines Johnson (OH) Pallone Tierney Wasserman Cassidy Hall Meeks Yoder Davis (CA) Johnson, E. B. Pascrell Tipton Schultz Castor (FL) Hanabusa Meng Davis, Danny Johnson, Sam Pastor (AZ) Titus Waters Yoho Castro (TX) Hanna Messer Davis, Rodney Jones Paulsen Tonko Watt Young (FL) Chabot Harper Mica DeFazio Jordan Payne Tsongas Waxman Young (IN) Chaffetz Harris Michaud DeGette Joyce Pearce Turner Weber (TX) Chu Hastings (WA) Miller (FL) Delaney Kaptur Pelosi NOT VOTING—18 Cicilline Heck (NV) Miller (MI) DeLauro Keating Perlmutter Clarke Heck (WA) Miller, Gary DelBene Kelly (IL) Perry Brady (PA) Hartzler Lucas Clay Hensarling Miller, George Denham Kelly (PA) Peters (CA) Bridenstine Hastings (FL) Markey Cleaver Higgins Moore Dent Kennedy Peters (MI) Clyburn Herrera Beutler Mullin Coble Himes Moran DeSantis Kildee Peterson Cole Hudson Sarbanes Coffman Hinojosa Mulvaney DesJarlais Kilmer Petri Diaz-Balart King (IA) Stockman Cohen Holding Murphy (FL) Deutch Kind Pingree (ME) Engel Lankford Young (AK) Collins (GA) Holt Murphy (PA) Dingell King (NY) Pittenger Collins (NY) Honda Nadler Doggett Kingston Pitts b 1506 Conaway Horsford Napolitano Doyle Kinzinger (IL) Pocan Connolly Hoyer Neal Duckworth Kirkpatrick Poe (TX) So (two-thirds being in the affirma- Conyers Huelskamp Negrete McLeod Duffy Kline Polis tive) the rules were suspended and the Cook Huffman Neugebauer Duncan (SC) Kuster Pompeo bill, as amended, was passed. Cooper Huizenga (MI) Noem Duncan (TN) Labrador Posey The result of the vote was announced Costa Hultgren Nolan Edwards LaMalfa Price (GA) Cotton Hunter Nugent Ellison Lamborn Price (NC) as above recorded. Courtney Hurt Nunes Ellmers Lance Quigley A motion to reconsider was laid on Cramer Israel Nunnelee Enyart Langevin Radel the table. Crawford Issa O’Rourke Eshoo Larsen (WA) Rahall Crenshaw Jackson Lee Olson Esty Larson (CT) Rangel Stated for: Crowley Jeffries Owens Farenthold Latham Reed Mr. COLE. Mr. Speaker, on rollcall No. 165, Cuellar Jenkins Palazzo Farr Latta Reichert (H.R. 324—To grant the Congressional Gold Culberson Johnson (GA) Pallone Fattah Lee (CA) Renacci Medal, collectively, to the First Special Service Cummings Johnson (OH) Pascrell Fincher Levin Ribble Daines Johnson, E. B. Pastor (AZ) Fitzpatrick Lewis Rice (SC) Force, in recognition of its superior service Davis (CA) Johnson, Sam Paulsen Fleischmann Lipinski Richmond during World War II, as amended) had I been Davis, Danny Jones Payne Fleming LoBiondo Rigell present, I would have voted ‘‘yea.’’ Davis, Rodney Jordan Pearce Flores Loebsack Roby DeFazio Joyce Pelosi Forbes Lofgren Roe (TN) f DeGette Kaptur Perlmutter Fortenberry Long Rogers (AL) Delaney Keating Perry Foster Lowenthal Rogers (KY) HELPING HEROES FLY ACT DeLauro Kelly (IL) Peters (CA) Foxx Lowey Rogers (MI) DelBene Kelly (PA) Peters (MI) Frankel (FL) Luetkemeyer Rohrabacher The SPEAKER pro tempore. The un- Denham Kennedy Peterson Franks (AZ) Lujan Grisham Rokita finished business is the vote on the mo- Dent Kildee Petri Frelinghuysen (NM) Rooney DeSantis Kilmer Pingree (ME) Fudge Luja´ n, Ben Ray Ros-Lehtinen tion to suspend the rules and pass the DesJarlais Kind Pittenger Gabbard (NM) Roskam bill (H.R. 1344) to amend title 49, Deutch King (IA) Pitts Gallego Lummis Ross United States Code, to direct the As- Dingell King (NY) Pocan Garamendi Lynch Rothfus Doggett Kingston Poe (TX) Garcia Maffei Roybal-Allard sistant Secretary of Homeland Secu- Doyle Kinzinger (IL) Polis Gardner Maloney, Royce rity (Transportation Security Adminis- Duckworth Kirkpatrick Pompeo Garrett Carolyn Ruiz tration) to provide expedited air pas- Duffy Kline Posey Gerlach Maloney, Sean Runyan senger screening to severely injured or Duncan (SC) Kuster Price (GA) Gibbs Marchant Ruppersberger Duncan (TN) Labrador Price (NC) Gibson Marino Rush disabled members of the Armed Forces Edwards LaMalfa Quigley Gingrey (GA) Massie Ryan (OH) and severely injured or disabled vet- Ellison Lamborn Radel Gohmert Matheson Ryan (WI) erans, and for other purposes, as Ellmers Lance Rahall Goodlatte Matsui Salmon Enyart Langevin Rangel Gosar McCarthy (CA) Sa´ nchez, Linda amended, on which the yeas and nays Eshoo Larsen (WA) Reed Gowdy McCarthy (NY) T. were ordered. Esty Larson (CT) Reichert Granger McCaul Sanchez, Loretta The Clerk read the title of the bill. Farenthold Latham Renacci Graves (GA) McClintock Sanford The SPEAKER pro tempore. The Farr Latta Ribble Graves (MO) McCollum Scalise Fattah Lee (CA) Rice (SC) Grayson McDermott Schakowsky question is on the motion offered by Fincher Levin Richmond Green, Al McGovern Schiff the gentlewoman from Indiana (Mrs. Fitzpatrick Lewis Rigell Green, Gene McHenry Schneider BROOKS) that the House suspend the Fleischmann Lipinski Roby Griffin (AR) McIntyre Schock Fleming LoBiondo Roe (TN) Griffith (VA) McKeon Schrader rules and pass the bill, as amended. Flores Loebsack Rogers (AL) Grijalva McKinley Schwartz This is a 5-minute vote. Forbes Lofgren Rogers (KY) Grimm McMorris Schweikert The vote was taken by electronic de- Fortenberry Long Rogers (MI) Guthrie Rodgers Scott (VA) vice, and there were—yeas 413, nays 0, Foster Lowenthal Rohrabacher Gutierrez McNerney Scott, Austin Foxx Lowey Rokita Hahn Meadows Scott, David not voting 20, as follows: Frankel (FL) Luetkemeyer Rooney Hall Meehan Sensenbrenner [Roll No. 166] Franks (AZ) Lujan Grisham Ros-Lehtinen Hanabusa Meeks Serrano Frelinghuysen (NM) Roskam Hanna Meng Sessions YEAS—413 Fudge Lummis Ross Harper Messer Sewell (AL) Aderholt Beatty Bonner Gabbard Lynch Rothfus Harris Mica Shea-Porter Alexander Becerra Boustany Gallego Maffei Roybal-Allard Hastings (WA) Michaud Sherman Amash Benishek Brady (TX) Garamendi Maloney, Royce Heck (NV) Miller (FL) Shimkus Amodei Bentivolio Braley (IA) Garcia Carolyn Ruiz Heck (WA) Miller (MI) Shuster Andrews Bera (CA) Brooks (AL) Gardner Maloney, Sean Runyan Hensarling Miller, Gary Simpson Bachmann Bilirakis Brooks (IN) Garrett Marchant Ruppersberger Higgins Miller, George Sinema Bachus Bishop (GA) Broun (GA) Gerlach Marino Rush Himes Moore Sires Barber Bishop (NY) Brown (FL) Gibbs Massie Ryan (OH) Hinojosa Moran Slaughter Barletta Bishop (UT) Brownley (CA) Gibson Matheson Ryan (WI) Holding Mulvaney Smith (NE) Barr Black Buchanan Gingrey (GA) Matsui Salmon Holt Murphy (FL) Smith (NJ) Barrow (GA) Blackburn Bucshon Gohmert McCarthy (CA) Sa´ nchez, Linda Honda Murphy (PA) Smith (TX) Barton Blumenauer Burgess Goodlatte McCarthy (NY) T. Horsford Nadler Smith (WA) Bass Bonamici Bustos Gosar McCaul Sanchez, Loretta

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.031 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2832 CONGRESSIONAL RECORD — HOUSE May 21, 2013 Sanford Speier Walberg gresswoman DELBENE, and I introduced held hostage by a 65-year-old man in Scalise Stewart Walden the Online Communications and Alabama. Schakowsky Stivers Walorski Schiff Stockman Walz Geolocation Protection Act. It would Both Christopher Lorek and Stephen Schneider Stutzman Wasserman require a search warrant to seize a per- Shaw spent many years serving their Schock Swalwell (CA) Schultz son’s email. Nation by putting themselves at risk Schrader Takano Waters When a person mails a letter, the for others who were in danger. Trag- Schwartz Terry Watt Schweikert Thompson (CA) ically, they died during a maritime Waxman government cannot open the mail from Scott (VA) Thompson (MS) Weber (TX) the time it is placed in the mailbox, counterterrorism exercise their team Scott, Austin Thompson (PA) was performing off the coast of Vir- Scott, David Thornberry Webster (FL) travels throughout the fruited plain, Sensenbrenner Tiberi Welch and ends up in another mailbox. The ginia Beach. Serrano Tierney Wenstrup law protects the privacy of this snail Both these men leave behind young Westmoreland Sessions Tipton mail. families, and our thoughts and prayers Sewell (AL) Titus Whitfield are with their loved ones during this Shea-Porter Tonko Williams When a person sends an email Sherman Tsongas Wilson (FL) through cyberspace, the government difficult time. Shimkus Turner Wilson (SC) should not be allowed to seize the con- f Simpson Upton Wittman tent without a search warrant. At a Sinema Valadao Wolf CENTENNIAL ANNIVERSARY OF Sires Van Hollen Womack time when we see more and more gov- CARROLLTON, TEXAS Slaughter Vargas ernment invasion of privacy, Congress Woodall (Mr. MARCHANT asked and was Smith (NE) Veasey Yarmuth should ensure that government does Smith (NJ) Vela Yoder given permission to address the House ´ not press the delete button and elimi- Smith (TX) Velazquez Yoho for 1 minute.) Smith (WA) Visclosky nate the Constitution. Young (IN) Mr. MARCHANT. Mr. Speaker, I rise Southerland Wagner And that’s just the way it is. today to recognize and celebrate the NOT VOTING—20 f centennial of the city of Carrollton, Brady (PA) Hastings (FL) Mullin ONLINE SALES TAX Texas. Bridenstine Herrera Beutler Sarbanes The city of Carrollton was incor- Clyburn Hudson Shuster (Ms. KUSTER asked and was given porated 100 years ago, on June 14, 1913. Cole Lankford Young (AK) permission to address the House for 1 Diaz-Balart Lucas Young (FL) Carrollton has truly blossomed into a Engel Luja´ n, Ben Ray minute and to revise and extend her re- prosperous and exemplary city. From a Graves (GA) (NM) marks.) population of 1,610 in 1950, it has grown Hartzler Markey Ms. KUSTER. Mr. Speaker, innova- now to over 130,000 residents and is b 1513 tive small businesses all across New home to thousands of successful busi- So (two-thirds being in the affirma- Hampshire are using the Internet to nesses. tive) the rules were suspended and the reach new markets, create good jobs, I’m proud to say that my family has bill, as amended, was passed. and grow our economy. been able to be part of this great his- The result of the vote was announced Congress should be working to create tory. It was my privilege to serve as as above recorded. an environment that helps these com- mayor of Carrollton from 1984 to 1986. A motion to reconsider was laid on panies expand and hire, not adding new My brother Ronnie served for years as the table. bureaucratic barriers and red tape that a city council member. Currently, my Stated for: will impede growth. But that’s exactly son Matthew has the honor of being the what the so-called Marketplace Fair- Mr. COLE. Mr. Speaker, on rollcall No. 166, city’s mayor. ness Act would do. Mr. Speaker, on behalf of the 24th (H.R. 1344—Helping Heroes Fly Act, as This legislation would force online Congressional District of Texas, I ask amended) had I been present, I would have retailers to collect sales taxes on be- all my distinguished colleagues to join voted ‘‘yea.’’ half of over 9,000 taxing jurisdictions me in recognizing the 100th anniver- f nationwide, creating a web of bureauc- sary of the incorporation of the city of GENERAL LEAVE racy that would stifle small businesses. Carrollton, Texas. Later this week, I will return home Mr. LAMALFA. Mr. Speaker, I ask f to New Hampshire to hear how this tax unanimous consent that all Members HONORING OUR VETERANS would impact Granite State entre- may have 5 legislative days in which to preneurs. I urge my colleagues to do (Mr. YODER asked and was given revise and extend their remarks and in- the same in their States and to stand permission to address the House for 1 clude extraneous material on H.R. 1412, up for small businesses by opposing minute and to revise and extend his reas amended. this misguided legislation. marks.) The SPEAKER pro tempore (Mr. Mr. YODER. Mr. Speaker, Memorial ROTHFUS). Is there objection to the re- f Day is a day our grateful Nation de- quest of the gentleman from Cali- b 1520 votes to observing the extraordinary fornia? sacrifices paid by so many brave mili- IN MEMORY OF CHRISTOPHER There was no objection. tary men and women. Those who LOREK AND STEPHEN SHAW f served so honorably died to protect the (Mr. COLLINS of Georgia asked and values and ideals on which our country THE GOVERNMENT MAY BE was given permission to address the was built, and we will never forget READING THE PEOPLE’S EMAILS House for 1 minute and to revise and them. (Mr. POE of Texas asked and was extend his remarks.) Mr. Speaker, while we continue to given permission to address the House Mr. COLLINS of Georgia. Mr. Speak- work on behalf of the American people for 1 minute and to revise and extend er, I rise to honor two brave Federal here in Washington, let us remember his remarks.) law enforcement officers who lost their we work for people outside the belt- Mr. POE of Texas. Mr. Speaker, big, lives during a training accident last way, many of whom are still searching snoopy government agencies can read Friday. for employment. With the unemploy- emails that are over 180 days old with- Christopher Lorek and Stephen Shaw ment rate for post-9/11 veterans at 9.2 out a person’s knowledge or consent. were both members of the FBI’s Hos- percent, I’m heartbroken when re- That is just wrong. It takes a warrant tage Rescue Team. This elite unit has minded of veterans who come back to eavesdrop phone conversations, but taken part in more than 800 hostage from deployments abroad and cannot no warrant required to peruse a per- situations over the last two decades. find work back home. son’s email? Members of the Hostage Rescue Team This Memorial Day weekend, let us If Peeping Tom-crats can’t listen to dedicate their lives to training for crit- remember to always honor those so de- phones without a warrant, they ical terrorist, hostage, and criminal voted to their country that they gave shouldn’t be able to read emails. That’s situations. Most recently, the team their lives; and let us honor those vet- why Congresswoman LOFGREN, Con- successfully rescued a 5-year-old boy erans who defend us on the front lines

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.034 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2833 abroad by putting these brave men and gress at the time, and I remember viv- the Marine Corps to bring peace to women first in line at home to find a idly that it was a major fight here in John Brow and Brooks Gruber. job, provide for their families, and to Congress as to whether we were going Mr. Speaker, Rich Whittle, with realize the American Dream. to fund the V–22 program or not fund whom I’ve had many conversations, f the program. wrote the book called ‘‘The Dream Ma- Again, Secretary of Defense Cheney chine.’’ It’s the history of the V–22 and CLEARING THE NAMES OF JOHN wanted to scrap the program. The Ma- all the problems it’s had along the way BROW AND BROOKS GRUBER rine Corps wanted the V–22. They were and all the fights that we’ve had in The SPEAKER pro tempore. Under convinced this was a plane that they Congress and outside of Congress to the Speaker’s announced policy of Jan- needed desperately. There were two pi- make this plane a reality for the Ma- uary 3, 2013, the gentleman from North lots, one of Nighthawk 71, which was rine Corps. But something I want to Carolina (Mr. JONES) is recognized for the lead plane that actually landed read from his book, ‘‘The Dream Ma- 60 minutes as the designee of the ma- without too much trouble, even though chine.’’ We’re talking about vortex ring jority leader. it did have a hard landing, and in the state, Mr. Speaker: Mr. JONES. Mr. Speaker, 13 years second plane behind them was Night- Where the actual line existed for the Os- ago, on April 8, 2000, 19 marines lost hawk 72. That was the plane that prey was something the program’s develop- their lives in a tragic plane crash at crashed and killed 19 marines. mental test pilots had not determined, though hundreds of test flights to explore Marana Regional Airport in Arizona. Since receiving Connie Gruber’s let- The Marine Corps attributed partial that part of the Osprey’s envelope had been ter, I have done everything in my planned. blame for the crash to error on the part power over the last 12 years to clear They had planned, Mr. Speaker, to of the pilot, Lieutenant Colonel John the names of Lieutenant Colonel John Brow, and the copilot, Major Brooks have hundreds of tests, but it further Brow and Major Brooks Gruber. What states: Gruber. The Corps’ decision to assign has frustrated me was the Marine blame to the pilots has been a point of Nolan Schmidt, the Osprey program man- Corps will not acknowledge that these ager and a Marine Corps colonel at the time, controversy ever since the year 2000. pilots could not be and should not be told me years later that those tests were Mr. Speaker, 2 years after the acci- held at fault because they had no train- scrapped in 1998 to save time and money. The dent, I received a letter from Major ing in the V–22. Navy Department was going to cut the Os- Gruber’s wife, Connie, who actually There was an issue known as vortex prey program’s budget for the coming fiscal lives in the district that I represent, ring state. Mr. Speaker, anyone that year by $100 million, Schmidt said. After the home of Camp Lejeune Marine Base flies, particularly helicopters, would consulting with the Boeing engineer in charge of flight-testing, Philip Dunford, and New River Air Station. I will quote understand that term, ‘‘vortex ring from her letter to me that I received in Schmidt said, the program managers decided state.’’ But at the time of this acci- they could save about $50 million and a lot of 2000: dent, Bell-Boeing, who produced this time if they didn’t do all the tests planned I contacted you in hopes that leaders of in- V–22, and the Marine Corps had no idea for the Osprey at high rates of descent. tegrity, free of bias, would have both the in- of how pilots would react to vortex Mr. Speaker, again, these pilots in telligence and the courage it takes to decide ring state with the V–22. Nighthawk 72, following behind Night- the facts for themselves. If you do that, you will agree the ‘‘human factor/pilot error’’ Mr. Speaker, I have brought a little hawk 71, were descending, and yet no findings should not stand as it is in military model to the floor, with the approval of one knew what the parameters were— history. Again, I respectfully ask you for the House, that will show that the the pilots did not know the param- your support. Please do not simply pass this plane can go from a helicopter mode to eters, the Marine Corps did not know matter along to General Jones without offer- a plane mode, where it flies just like a the parameters, and neither did Bell- ing the support my husband and his com- regular plane. But at this point, again, Boeing. So how in the world could rades deserve. Please remember, these 19 ma- Bell-Boeing and also the Marine Corps these pilots be held responsible? It is rines can no longer speak for themselves. I did not understand vortex ring state absolutely unfair. certainly am not afraid to speak for them, I can honestly tell you at the time I and I believe someone has to. Even though it and how it could impact this plane. is easier put to rest and forgotten, please When this plane is coming down, fol- knew General McCorkle. He was the join me in doing the right thing by taking lowing behind, Nighthawk 72, what general that oversaw marine aviation. the time to address this important issue. happened was that the vortex ring His assistant at the time was Brigadier Mr. Speaker, she further stated: state really made this plane just flip General Amos, who now is the Com- mandant of the Marine Corps. They With so many wrongs in the world we can- over, and the plane crashed and 19 ma- not make right, I ask that you prayerfully rines were burned to death. knew at the time that the V–22 was under tremendous pressure by Sec- consider an injustice that you can help make b 1530 right. I realize you alone may not be able to retary of Defense Cheney to scrap the amend the report, but you can certainly sup- Mr. Speaker, the wives of these two program. port my efforts to permanently remove this pilots, John Brow and Brooks Gruber, Sadly I say this—because I know black mark from my husband’s honorable all they’re asking—the lawsuits are both these gentlemen, they’re very fine military service record. Military leaders con- over. Bell-Boeing has been sued for fellows, but I will say this: that dead tinue to refuse to amend this report, but I millions and millions of dollars—it men can’t talk. These two pilots had am certain that there must be other means hasn’t been disclosed, so no one knows no one to speak for them but their of making this change. Given the controversy of this aircraft and the Marine the exact figure. But I can tell you, wives—Connie Gruber down in Jack- Corps’ vested interest, surely there is an un- after talking to the attorney for sonville, North Carolina, and Trish biased, ethical way to rightfully absolve Connie Gruber and Trish Brow, that Brow over in Maryland. And they have these pilots. Please help me by not only for- the lawsuits are over. I’ve spoken to children. Trish has two young boys and warding my request but also by supporting Brian Alexander, who handled the law- Connie has a beautiful little girl named it. suits for 17 of the 19 families in New Brook. Mr. Speaker, I hold up now a photo- York. He said the lawsuits are over. Mr. Speaker, that’s why this has be- graph of the V–22 Osprey. The Osprey is So basically all we’re asking the Ma- come an obsession with me, quite a very unique plane. At the time of this rine Corps to do is to please just issue frankly. I’m not an expert in flying, I accident in the year 2000, it was an ex- a letter to Connie and Trish that clear- know nothing about how to keep a perimental plane. These two pilots, ly states that: Your husband, flying plane in the air to be honest with you. John Brow and Brooks Gruber, were this V–22, was not prepared on how to But Mr. Speaker, I have had so many not experimental pilots. They had no handle vortex ring state because Bell- people to join me in this effort, and one training in flying an experimental Boeing and we, the Marine Corps, did of those people is an expert named Rex plane. This plane itself should never not understand it either, so how can we Rivolo. In fact, he was working with have been asked to do what was done train pilots if we don’t understand the V–22 program when he was in the that night. In fact, Secretary of De- what we’re trying to train them in. Department of Defense, and I want to fense Dick Cheney was trying to elimi- So, therefore, it’s been a very frus- read his comments, Mr. Speaker, for nate the V–22 program. I was in Con- trating 10 or 12 years of trying to get the RECORD:

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.056 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2834 CONGRESSIONAL RECORD — HOUSE May 21, 2013 The failure of the manufacturer, Bell-Boe- evaluation at the time of the crash in Mr. Speaker—and I was here at the ing, and the Navy to characterize the slow- 2000 was Philip Coyle. He has joined in time and I can attest to this—was Curt speed, high rate of descent handling qualities this effort with Rex Rivolo. And I read Weldon, a Congressman from Pennsyl- of the V–22 through flight testing, the failure to describe them for the air crew and the what Philip Coyle said: vania, who took on the administration, failure to provide an adequate warning sys- There is a rush to blame pilots, and to cite that took on Dick Cheney and said, tem in the aircraft were the causes of the factors that relate to pilot performance, we’ve got to have this program, we’ve mishap—not air crew error. rather than cite the true root causes of acci- got to have this program for the Ma- Following the mishap and my discovery of dents. The design and detailed engineering in rine Corps, the Marine Corps wants the the facts, I became very vocal within the V– an aircraft or vehicle often is at the root V–22, and this is their present and this 22 community in my attempt to clear the air cause of an accident. If a particular make or model of automobile was crashing too often, is their future plane. crew of blame. However, it quickly became Curt Weldon now, Mr. Speaker, has clear that the community well-understood say Toyota or Chevy, people wouldn’t blame the causes but was committed to placing the the drivers; they would say that something joined me, and I want to share from a blame on the air crew, as blaming the air- is wrong with the automobile. The Marine letter. Curt Weldon, these are his craft at this time would have jeopardized the Corps has always seems to blame the pilots. words: MV–22 Program, which was, and remains, the Mr. Speaker, this is why this has be- I have found it outrageous that the Marine highest priority of the U.S. Marine Corps. come a passion for me personally. And Corps has willingly failed to fully clarify the Mr. Speaker, that in itself is so sad, I could not be where I am today with- improper characterization that pilot errors that this expert, an engineering expert out so many experts—I mentioned two may have contributed to the tragic accident in aerodynamics, would make this kind of Nighthawk 72. I join with Lieutenant today, Phil Coyle and Rex Rivolo—who Colonel Ron Radich, Retired United States of statement, but I just read it for the have joined me. I want to mention Jim Marine Corps, a member of the JAG Inves- RECORD, Mr. Speaker. He knew and he Schafer. Jim’s call name was ‘‘Trig- tigation Team for the April 8, 2000, MV–22 ac- knows that at that time these two ger.’’ He was actually in the air at the cident in his assessment that ‘‘it would be men, who had no one to defend them, time of this plane crash. He saw his morally wrong’’ to place the blame on the pi- had to take the blame to save the pro- friends go down and burn. lots of Nighthawk 72. Everyone, save the gram. Mr. Speaker, this is not right for most senior leadership of the United States Mr. Speaker, America’s greatness is these two wives to carry the pain now Marine Corps, has acknowledged that the Marine Corps must formally acknowledged because we are a country of integrity almost 13 years—April 8 of 2000, and and honesty. I’ve done research on this the facts and summaries of the investiga- we’ve already passed April 8 of 2013. All tions and publicly and clearly restore the and found out that people that knew they’re asking the Marine Corps for is outstanding commitments and reputation of these men, that flew with them—their a simple letter to just state: At the these two brave marines—there can be no fellow marines—would tell you today time, we did not understand, Bell-Boe- wavering and no innuendo—facts are facts. that John Brow and Brooks Gruber ing didn’t understand, so, therefore, we You have my unwavering support to ap- were not prepared for what happened— couldn’t train your husbands. So, pear at any public event and/or congressional and no other one who flew a V–22 at the therefore, your husbands could not hearing to set the record straight regarding time understood vortex ring state and the need for United States Marine Corps have known how to react. leadership to stop ‘‘playing games’’ and once how to react to it. Now they have all these warning sys- and for all correct the public record regard- Mr. Speaker, now that the program tems that I just mentioned a moment ing the Nighthawk 72 incident and fully clear has been saved, there is no reason that ago. the names of these two American heroes. the Marine Corps cannot give a letter Mr. Speaker, I am not going to let Mr. Speaker, I want to read that one to Connie Gruber and Trish Brow clear- this go. In fact, I have a meeting with more time, just to close, by Curt ly stating that at the time, April 8, the Secretary of Defense, Chuck Hagel, Weldon, a former United States Con- 2000, that we, the Marine Corps, and on the 10th of July—he has already gressman, who fought and saved the V– Bell-Boeing, the manufacturer, we did confirmed the date. I have accumu- 22 program for the Marine Corps. He not understand vortex ring state be- lated so much information on this saved the program. cause no one had done the testing be- issue that I probably could have a You have my unwavering support to ap- cause they cut the programs, they cut small library that people could come in pear at any public event and/or congressional the testing. and research this accident. But I have hearing to set the record straight regarding Mr. Speaker, truthfully, what is so great respect for Chuck Hagel. I re- the need for United States Marine Corps ironic, shortly after this crash on April member him as a Senator when I came leadership to stop ‘‘playing games’’ and once 8, Bell-Boeing paid Tom MacDonald, an out against the Iraq war and I was get- and for all correct the public record regard- experimental pilot who spent over 700 ting beaten up down in my own district ing the Nighthawk 72 incident and fully clear hours flying the V–22 time after time, down in eastern North Carolina. I did the names of these two American heroes. time after time and getting it into the not know Senator Hagel at the time, Mr. Speaker, there are so many peo- vortex ring state and then figuring out but he called me up and left word. I re- ple who have joined me in this effort. how the pilot should react to it. Mr. turned his call. He said, ‘‘Congressman, I’m going to name a few. The three in- Speaker, because of that work by Tom you’re right, Iraq was an unnecessary vestigators, now retired, but at the MacDonald, we now have warning sys- war, I want to meet with you.’’ So I time Colonel Mike Morgan, a heli- tems in the V–22 that pilots, when they went over and met with him, Mr. copter pilot himself; a lawyer, Phil get into vortex ring state, the warning Speaker. He had his staff spend weeks Stackhouse; and Lieutenant Colonel system starts lighting up on the panel. to show me maps on Iraq and the fact Ron Radich, who I just made reference They hear a sound in the headphones that there were never weapons of mass to in Curt Weldon’s statement. that says ‘‘sink, sink, sink.’’ So they destruction. These three men were sent to Ari- know exactly how to handle vortex zona the day after the accident. Mr. ring state. But John Brow and Brooks b 1540 Speaker, they were sent there to inves- Gruber did not know how to handle For that I’m of the firm belief that I tigate the wreckage, the burned wreck- vortex ring state. will meet with him for 30 minutes— age that killed 19 marines. All three of I continue to call on the Marine that’s all he could give me—and I think these men, Mr. Speaker, have joined Corps to do what is right. The Corps he will understand that this is not me in strong letters to clear the names has one of the greatest respects of the about me, WALTER JONES. This is about of John Brow and Brooks Gruber. American people because of integrity honor, this is about respect; and the I made reference earlier to Colonel and courage. Well, Mr. Commandant, two dead pilots deserve this, Mr. Jim Shafer, a V–22 pilot, friends of the right thing to do is to prove integ- Speaker. these two pilots. He also has joined in rity and courage by giving the two Just a few more points, Mr. Speaker, saying that at the time we did not un- wives one paragraph. before I close. Curt Weldon, when they derstand vortex ring state, at the time Mr. Speaker, further, I’ve had so were fighting this program—Secretary we did not understand how vortex ring many people to help with this effort. Cheney was fighting this program—in state would impact on the V–22 Osprey. The Assistant Secretary of Defense and ’98, ’99, and 2000, especially after this Mr. Speaker, again, I hold this up be- the director of operational test and crash, the one man in the Congress, cause the Osprey is a unique plane. It

VerDate Mar 15 2010 04:25 May 22, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.058 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2835 goes from a helicopter mode until it To the living we owe respect, to the dead on in Marana, Arizona—to show the goes to like a plane just flying with the we owe the truth. world that this plane was unique and propellers in front of it, and then it That’s all this is all about, the truth that it could land and descend quickly goes back up. But Jim Shafer has said that these two marines were not and hit the ground and get these people that John Brow and Brooks Gruber do trained, did not understand, nor did out. Well, the problem was that no one not deserve the blame for this accident. Bell-Boeing, nor did the Marine Corps. understood the parameters of this I made reference to Dr. Rex Rivolo in They were not trained as to how to plane and how it should descend; so, my comments earlier, Mr. Speaker. handle the vortex ring state. therefore, these 19 marines were killed. He’s a strong proponent of clearing the We have gotten a little bit further in Mr. Speaker, I hope to be back on the pilots’ names. the last year, but recently the Marine floor right after the Memorial Day Brian Alexander, I made reference Corps rejected a letter that the wives break before I meet with the Secretary that he had handled the lawsuits for 17 had signed off on if they could change of Defense, Chuck Hagel, and talk of the 19 families whose young sons two words. And the two words are the about this again. I believe sincerely were killed. same word, the word ‘‘solely,’’ the word that we are all stronger people and bet- Jim Furman, who was the attorney ‘‘solely.’’ The pilots are not ‘‘solely’’ at ter people when we admit we’ve made a for the two pilots, John Brow and fault. mistake, and when an organization Brooks Gruber, their families. Mr. Speaker, that bothers me be- that the American people love so much Eric Thorson, a former aircraft inves- cause I know, and the Marine Corps like the Marine Corps—and I love the tigator for the United States Air knows, that they were not trained. Marine Corps, but quite frankly, when Force, he’s actually joined us in this as Now, if they had been trained as to how they will not give Connie and Trish a well. And I mentioned Phil Coyle, because to react and respond to vortex ring little paragraph, like I have already Phil Coyle has said he was on the in- state in the V–22, then I might be able said three times today, which clearly side, he saw it. These pilots could not to accept that word ‘‘solely.’’ But how states that their husbands were not at be held at fault because they were not in the world can you say that pilots fault, it is very disappointing to say to blame. who were not trained because Bell-Boe- the least. Danielle Brian, executive director, ing did not know how to handle vortex Mr. Speaker, in closing, as I do on Project on Government Oversight, ring state in the V–22, the Marine the floor when I think about all of our she’s joined in this effort. Corps did not understand it, so if they men and women overseas in Afghani- And Bob Cox, a reporter for the Fort didn’t understand it and they didn’t stan and Iraq, I am going to ask God to Worth Star. train the pilots, how could they be please bless our men and women in uni- Mr. Speaker, I will close in just a few ‘‘solely’’ responsible? form and to please bless the families of minutes, because I want to thank the b 1550 our men and women in uniform. staff for staying on to give me this op- I ask God in His loving arms to hold portunity to talk about this issue. That is absolutely unacceptable to the families who have given a child I have made a promise to Connie the wives, and it is unacceptable to me. dying for freedom in Afghanistan and Gruber in Jacksonville. Her husband, So therefore, again, Mr. Speaker, I am Iraq. Brooks Gruber, is buried down in the going to meet with Secretary Hagel on I am going to ask at this time that cemetery, Veterans Cemetery in Jack- the 10th of July. I will be prepared. I God touch the hearts of the United sonville, North Carolina. I have met only have 30 minutes, but that’s fine. I States Marine Corps to give peace to Trish Brow and her two boys, Mark and know he’s a busy man with all of the the families of John Brow and Brooks Matthew. I’ve taken them to lunch problems facing our military and the Gruber. here in the Members’ dining room. world; but if he’ll give me 30 minutes, I will ask God to please bless the Both those ladies have my promise, Mr. I will show him in 20 minutes why House and Senate, that we will do what Speaker, that if we ever get just one these pilots should not be held respon- is right in the eyes of God for God’s paragraph, that I would like to go to sible for this accident. people today and God’s people tomor- the cemetery at Arlington and stand Mr. Speaker, I want to thank you and row. there with Trish and Matthew and the staff for giving me this extra time. I will ask God to please bless the Mark and say: ‘‘Colonel, rest in peace. This is one of these things that is a re- President of the United States of You will never be blamed again for this ligion with me. I don’t fly much. I’ve America, that he will do what is right accident because you were not at been in a few small planes, and I can- in the eyes of God for God’s people fault.’’ not imagine the panic of these two fel- today and God’s people tomorrow. Then I want to go to the cemetery in lows, knowing that they’ve got 17 And three times I will say, God, Jacksonville, North Carolina, with young marines, privates and corporals, please, God, please, God, please, con- Connie and her little girl, Brooke. sitting in the back of this plane and tinue to bless America. Brooke was a baby when her daddy was how they must have felt. I don’t know. Mr. Speaker, I yield back the balance killed. She’s a beautiful little girl of 12 God knows their hearts, because He of my time. now, I guess soon to be 13. She never was with them when they went down, but all I can think of is the panic of knew her daddy. She has just seen pic- f tures of him holding her as a little something you had not been trained to baby and smiling at her. That just handle, the panic of, What do we do made it very, very special. now? RECESS These two men deserve in the eyes of Brooks, John, what do we do now? The SPEAKER pro tempore. Pursu- God to be cleared. I am not the smart- We’ve got seconds, seconds. ant to clause 12(a) of rule I, the Chair est man in Congress, and I do not pro- And then the plane flips and burns. declares the House in recess subject to fess to be one; but God gave me a big I ask God to touch the hearts of the the call of the Chair. heart, and he put this on me almost 13 United States Marine Corps and of the Accordingly (at 3 o’clock and 55 min- years ago. And what I have found out, commandant. The commandant now is utes p.m.), the House stood in recess. Mr. Speaker, is we are right. We are a fine gentleman—I know him, and I right. The Marine Corps is wrong in have respect for him—but he was there f this situation. The experts who helped the day and the night of this crash. develop the V–22 have said: We are The whole reason for this mission b 1703 right and the Marine Corps is wrong. was to show the anti-V–22s and Sec- Curt Weldon who fought so valiantly to retary Dick Cheney that this was a re- save the program deserves the credit. markable plane, this V–22 Osprey, be- AFTER RECESS He’s joined and said these two men de- cause they could show how they could The recess having expired, the House serve to be cleared. descend so quickly and recover some was called to order by the Speaker pro Mr. Speaker, I remember vividly a Americans that would be held by ter- tempore (Mr. BURGESS) at 5 o’clock and quote from Voltaire: rorists. That was the mission they were 3 minutes p.m.

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.060 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2836 CONGRESSIONAL RECORD — HOUSE May 21, 2013 REPORT ON RESOLUTION PRO- HOUSE OF REPRESENTATIVES, Mr. DIAZ-BALART (at the request of VIDING FOR CONSIDERATION OF Washington, DC, May 20, 2013. Mr. CANTOR) for May 20 through May 22 H.R. 3, NORTHERN ROUTE AP- Hon. JOHN A. BOEHNER, on account of a death in the family. Speaker, House of Representatives, Washington, PROVAL ACT Mr. COLE (at the request of Mr. CAN- DC. TOR Mr. WEBSTER of Florida, from the DEAR MR. SPEAKER: This is to notify you ) for today and the balance of the Committee on Rules, submitted a priv- formally, pursuant to Rule VIII of the Rules week on account of inspecting damage ileged report (Rept. No. 113–88) on the of the House of Representatives, that I have in the district from the recent torna- resolution (H. Res. 228) providing for been served with a subpoena for documents does. consideration of the bill (H.R. 3) to ap- issued by the California Workers’ Compensa- Mr. CLYBURN (at the request of Ms. prove the construction, operation, and tion Appeals Board, regarding a third-party PELOSI) for today. maintenance of the Keystone XL pipe- workers’ compensation matter. After consultation with the Office of Gen- f line, and for other purposes, which was eral Counsel, I have determined that compli- referred to the House Calendar and or- ance with the subpoena is consistent with ADJOURNMENT dered to be printed. the privileges and rights of the House. Mr. WEBSTER of Florida. Mr. Speak- f Sincerely, JIM COSTA, er, I move that the House do now ad- COMMUNICATION FROM THE HON- Member of Congress. journ. ORABLE JIM COSTA, MEMBER OF The motion was agreed to; accord- CONGRESS f ingly (at 5 o’clock and 5 minutes p.m.), The SPEAKER pro tempore laid be- under its previous order, the House ad- fore the House the following commu- LEAVE OF ABSENCE journed until tomorrow, Wednesday, nication from the Honorable JIM By unanimous consent, leave of ab- May 22, 2013, at 10 a.m. for morning- COSTA, Member of Congress: hsence was granted to: 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 quarter of 2013 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, 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. Darrell Issa ...... 1 /5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. John Mica ...... 1/5 1 /7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. Raul Labrador ...... 1/5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. Scott DesJarlais ...... 1/5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. Blake Farenthold ...... 1/5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. Tim Walberg ...... 1/5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Hon. Paul Gosar ...... 1 /5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Linda Good ...... 1/5 1 /7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Adam Fromm ...... 1/5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00 Carlos Uriarte ...... 1 /5 1/7 Turkey ...... 860.00 ...... 860.00 1 /7 1 /8 Israel ...... 498.00 ...... 498.00 1 /8 1 /10 Cyprus ...... 508.00 ...... 508.00 1/10 1/11 Algeria ...... 372.00 ...... 372.00 1/11 1/12 Morocco ...... 262.00 ...... 262.00 1/12 1/13 Spain ...... 276.00 ...... 276.00

VerDate Mar 15 2010 04:40 May 22, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 8634 E:\CR\FM\K21MY7.066 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2837 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2013—Continued

Delegation Expenses ...... 3,498.41 ...... 19,957.66 ...... 23,456.07 Committee total ...... 27,760.00 ...... 3,498.41 ...... 19,957.66 ...... 51,216.07 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. h HON. DARRELL E. ISSA, Chairman, May 3, 2013. EXECUTIVE COMMUNICATIONS, Department of State concerning inter- sive Economic Zone Off Alaska; Greenland ETC. national agreements other than treaties en- Turbot in the Bering Sea Subarea of the Ber- tered into by the United States to be trans- ing Sea and Aleutian Islands Management Under clause 2 of rule XIV, executive mitted to the Congress within the sixty-day Area [Docket No.: 121018563-3148-02] (RIN: communications were taken from the period specified in the Case-Zablocki Act; to 0648-XC638) received May 14, 2013, pursuant to Speaker’s table and referred as follows: the Committee on Foreign Affairs. 5 U.S.C. 801(a)(1)(A); to the Committee on 1558. A letter from the Secretary, Depart- 1566. A letter from the Acting Assistant Natural Resources. ment of Defense, transmitting a letter on the Secretary, Legislative Affairs, Department 1574. A letter from the Acting Deputy Di- approved retirement of Admiral James G. of State, transmitting a report on the Inter- rector, Office of Sustainable Fisheries, Stavridis, United States Navy, and his ad- national Atomic Energy Agency (IAEA) Ac- NMFS, National Oceanic and Atmospheric vancement to the grade of admiral on the re- tivities in countries described in Section Administration, transmitting the Adminis- tired list; to the Committee on Armed Serv- 307(a) of the Foreign Assistance Act; to the tration’s final rule — Fisheries of the Exclu- ices. Committee on Foreign Affairs. sive Economic Zone Off Alaska; Pollock in 1559. A letter from the Assistant Secretary, 1567. A letter from the Secretary, Depart- the West Yakutat District of the Gulf of Department of the Treasury, transmitting ment of the Treasury, transmitting as re- Alaska [Docket No.: 120918468-3111-02] (RIN: the Department’s annual report on material quired by section 401(c) of the National 0648-XC582) received May 2, 2013, pursuant to violations or suspected material violations Emergency Act, 50 U.S.C. 1641(c), and section 5 U.S.C. 801(a)(1)(A); to the Committee on of regulations relating to Treasury auctions 204(c) of the International Emergency Eco- Natural Resources. and other Treasury securities offerings dur- nomic Powers Act, 50 U.S.C. 1703(c) pursuant 1575. A letter from the Acting Deputy Di- ing the period January 1, 2012 through De- to Executive Order 13313 of July 31, 2003, a rector, Office of Sustainable Fisheries, cember 31, 2012, pursuant to 31 U.S.C. 3121 nt. six-month periodic report on the national NMFS, National Oceanic and Atmospheric Public Law 103-202, section 202; to the Com- emergency with respect to Iran that was de- Administration, transmitting the Adminis- mittee on Financial Services. clared in Executive Order 12170 of November tration’s final rule — Fisheries of the Exclu- 1560. A letter from the Attorney, Office of 14, 1979; to the Committee on Foreign Af- sive Economic Zone Off Alaska; Pacific Cod the General Counsel, Bureau of Consumer Fi- fairs. by Catcher/Processors Using Trawl Gear in nancial Protection, transmitting the Bu- 1568. A letter from the Secretary, Depart- the Central Regulatory Area of the Gulf of reau’s final rule — Consumer Financial Civil ment of the Treasury, transmitting as re- Alaska [Docket No.: 120918468-3111-02] (RIN: Penalty Fund [Docket No.: CFPB-2013-0011] quired by section 401(c) of the National 0648-XC605) received May 13, 2013, pursuant to (RIN: 3170-AA38) received May 13, 2013, pursu- Emergencies Act, 50 U.S.C. 1641(c), and sec- 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion 204(c) of the International Emergency Natural Resources. on Financial Services. Economic Powers Act, 50 U.S.C. 1703(c), a 1576. A letter from the Federal Register Li- 1561. A letter from the Chief Counsel, six-month periodic report on the national aison, National Aeronautics and Space Ad- FEMA, Department of Homeland Security, emergency with respect to Belarus that was ministration, transmitting the Administra- transmitting the Department’s final rule — declared in Executive Order 13405 of June 16, tion’s final rule — Boards and Committees Suspension of Community Eligibility 2006; to the Committee on Foreign Affairs. [Docket No.: NASA-2013-0001] (RIN: 2700- (Oswego County, NY, et al.) [Docket ID: 1569. A letter from the Acting Associate AD82) received May 14, 2013, pursuant to 5 FEMA-2013-0002] [Internal Agency Docket General Counsel for General Law, Depart- U.S.C. 801(a)(1)(A); to the Committee on No.: FEMA-8283] received May 13, 2013, pursu- ment of Homeland Security, transmitting a Science, Space, and Technology. ant to 5 U.S.C. 801(a)(1)(A); to the Committee report pursuant to the Federal Vacancies Re- 1577. A letter from the Director, Office of on Financial Services. form Act of 1998; to the Committee on Over- Regulations, Social Security Administra- 1562. A letter from the Chief Counsel, sight and Government Reform. tion, transmitting the Administration’s final FEMA, Department of Homeland Security, 1570. A letter from the Board Chair and rule — Amendments to the Rules on Deter- transmitting the Department’s final rule — Chief Executive Officer, Farm Credit Admin- mining Hearing Appearances [Docket No.: Suspension of Community Eligibility (Duval istration, transmitting the semiannual re- SSA 2007-0044] (RIN: 0960-AH40) received May County, NY, et al.); [Docket ID: FEMA-2013- port on the activities of the Office of Inspec- 13, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to 0002] [Internal Agency Docket No.: FEMA- tor General of the Farm Credit Administra- the Committee on Ways and Means. 8281] received May 3, 2013, pursuant to 5 tion for the period October 1, 2012 through f U.S.C. 801(a)(1)(A); to the Committee on Fi- March 31, 2013; to the Committee on Over- nancial Services. sight and Government Reform. REPORTS OF COMMITTEES ON 1563. A letter from the Chief Counsel, 1571. A letter from the Senior Vice Presi- PUBLIC BILLS AND RESOLUTIONS FEMA, Department of Homeland Security, dent, Controller and Chief Accounting Offi- transmitting the Department’s final rule — cer, Federal Home Loan Bank of Boston, Under clause 2 of rule XIII, reports of Suspension of Community Eligibility (Wayne transmitting the 2012 management report committees were delivered to the Clerk County, PA, et al.); [Docket ID: FEMA-2013- and statement of internal controls of the for printing and reference to the proper 0002] [Internal Agency Docket No.: FEMA- Federal Home Loan Bank of Boston, pursu- calendar, as follows: 8279] received May 13, 2013, pursuant to 5 ant to 31 U.S.C. 9106; to the Committee on Mr. WEBSTER of Florida: Committee on U.S.C. 801(a)(1)(A); to the Committee on Fi- Oversight and Government Reform. Rules. House Resolution 228. Resolution pro- nancial Services. 1572. A letter from the Division Chief, Reg- viding for consideration of the bill (H.R. 3) to 1564. A letter from the Secretary, Depart- ulatory Affairs, Department of the Interior, approve the construction, operation, and ment of Health and Human Services, trans- transmitting the Department’s final rule — maintenance of the Keystone XL pipeline, mitting the Department’s report entitled, Segregation of Lands—Renewable Energy and for other purposes (Rept. 113–88). Re- ‘‘Report to Congress on the Social and Eco- [LLWO301000.L13400000] (RIN: 1004-AE19) referred to the House Calendar. nomic Conditions of Native Americans: Fis- ceived April 29, 2013, pursuant to 5 U.S.C. f cal Years 2007 and 2008’’, pursuant to Section 801(a)(1)(A); to the Committee on Natural 811A of the Native American Programs Act Resources. PUBLIC BILLS AND RESOLUTIONS of 1974; to the Committee on Education and 1573. A letter from the Acting Deputy Di- the Workforce. rector, Office of Sustainable Fisheries, Under clause 2 of rule XII, public 1565. A letter from the Assistant Legal Ad- NMFS, National Oceanic and Atmospheric bills and resolutions of the following visor for Treaty Affairs, Department of Administration, transmitting the Adminis- titles were introduced and severally re- State, transmitting report prepared by the tration’s final rule — Fisheries of the Exclu- ferred, as follows:

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.001 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE H2838 CONGRESSIONAL RECORD — HOUSE May 21, 2013

By Mr. ISSA (for himself and Mr. CUM- and for other purposes; to the Committee on By Mr. QUIGLEY: MINGS): Energy and Commerce. H.R. 2078. A bill to amend title 40, United H.R. 2061. A bill to expand the Federal By Mr. BENISHEK: States Code, to direct the Administrator of Funding Accountability and Transparency H.R. 2071. A bill to prohibit the use of any General Services to incorporate bird-safe Act of 2006 to increase accountability and Federal funds to finalize, implement, or en- building materials and design features into transparency in Federal spending, and for force the proposed rule entitled ‘‘Standards public buildings, and for other purposes; to other purposes; to the Committee on Over- for the Growing, Harvesting, Packing, and the Committee on Transportation and Infra- sight and Government Reform. Holding of Produce for Human Consump- structure. By Mr. JOHNSON of Ohio (for himself, tion’’; to the Committee on Energy and Com- By Mr. RADEL (for himself and Mr. Mr. JOYCE, Mr. CHABOT, Mr. RYAN of merce. SALMON): Ohio, Mr. JORDAN, Mr. TIBERI, Mr. By Mr. BENISHEK: H.R. 2079. A bill to provide for a three-year GIBBS, Mr. TURNER, Mr. STIVERS, Ms. H.R. 2072. A bill to amend title 38, United extension of the authority of the Secretary KAPTUR, Mr. RENACCI, Mr. WENSTRUP, States Code, to improve the accountability of Veterans Affairs to provide for the con- Mr. LATTA, Mrs. BEATTY, and Ms. of the Secretary of Veterans Affairs to the duct of medical disability examinations by FUDGE): Inspector General of the Department of Vet- contract physicians; to the Committee on H.R. 2062. A bill to designate the facility of erans Affairs; to the Committee on Veterans’ Veterans’ Affairs. the United States Postal Service located at Affairs. By Mr. SENSENBRENNER: 275 Front Street in Marietta, Ohio, as the By Mr. BRADY of Texas (for himself, H.R. 2080. A bill to provide for the admis- ‘‘Lance Corporal Joshua C. Taylor Memorial Mrs. CAPPS, Mr. KING of New York, sion to the United States of certain Tibet- Post Office Building’’; to the Committee on Ms. NORTON, Mr. ROSKAM, Mr. COSTA, ans; to the Committee on the Judiciary. Oversight and Government Reform. and Mr. BISHOP of New York): By Mr. THORNBERRY: By Mr. BILIRAKIS: H.R. 2081. A bill to secure unrestricted reli- H.R. 2073. A bill to direct the Secretary of H.R. 2063. A bill to amend title 38, United able energy for American consumption and Health and Human Services to establish an States Code, to improve the health care pro- transmission; to the Committee on Natural interagency coordinating committee on pul- vided to veterans of World War II at facili- Resources, and in addition to the Commit- monary hypertension to develop rec- ties of the Department of Veterans Affairs; tees on Ways and Means, and Energy and ommendations to advance research, increase to the Committee on Veterans’ Affairs. Commerce, for a period to be subsequently awareness and education, and improve By Ms. WASSERMAN SCHULTZ (for determined by the Speaker, in each case for health and health care, and for other pur- herself, Ms. ROS-LEHTINEN, Mr. consideration of such provisions as fall with- poses; to the Committee on Energy and Com- DEUTCH, Mr. JOYCE, Mr. SCHNEIDER, in the jurisdiction of the committee con- merce. and Mr. WAXMAN): cerned. By Mrs. DAVIS of California (for her- H.R. 2064. A bill to amend the Older Ameri- By Mr. HIGGINS (for himself and Mr. self, Mr. DEFAZIO, Mr. MORAN, and cans Act of 1965 to provide social service COLLINS of New York): Mr. CAMPBELL): agencies with the resources to provide serv- H. Con. Res. 37. Concurrent resolution ex- ices to meet the urgent needs of Holocaust H.R. 2074. A bill to direct the Secretary of pressing the sense of Congress that a site in survivors to age in place with dignity, com- Agriculture, acting through the Animal and Arlington National Cemetery should be pro- fort, security, and quality of life; to the Plant Health Inspection Service, to submit vided for a memorial marker to honor the Committee on Education and the Workforce. to Congress, and make available to the pub- memory of the 14 members of the Army’s By Mr. MCKINLEY (for himself and lic on the Internet, a report on the animals 24th Infantry Division who have received the Mrs. NAPOLITANO): killed under the Wildlife Services program of Medal of Honor; to the Committee on Armed H.R. 2065. A bill to amend title 38, United the Animal and Plant Health Inspection Services, and in addition to the Committee States Code, to require recipients of per Service; to the Committee on Agriculture. on Veterans’ Affairs, for a period to be subse- diem payments from the Secretary of Vet- By Mr. ENGEL: quently determined by the Speaker, in each erans Affairs for the provision of services for H.R. 2075. A bill to enhance the energy se- case for consideration of such provisions as homeless veterans to comply with codes rel- curity of the United States, reduce depend- fall within the jurisdiction of the committee evant to operations and level of care pro- ence on imported oil, improve the energy ef- concerned. vided, and for other purposes; to the Com- ficiency of the transportation sector, and re- By Mr. ISRAEL (for himself and Mr. mittee on Veterans’ Affairs. duce emissions through the expansion of grid COLE): By Mr. DENHAM (for himself, Mr. supported transportation; to the Committee H. Res. 229. A resolution calling for Syrian OHEN, Mr. GRIMM, and Mr. CAMP- C on Energy and Commerce, and in addition to President Bashar al-Assad and others to be BELL): the Committees on Science, Space, and tried before the International Criminal H.R. 2066. A bill to require Amtrak to pro- Technology, and Transportation and Infra- Court for committing war crimes and crimes pose a pet policy that allows passengers to structure, for a period to be subsequently de- against humanity; to the Committee on For- transport domesticated cats and dogs on cer- termined by the Speaker, in each case for tain Amtrak trains, and for other purposes; eign Affairs. consideration of such provisions as fall with- By Mr. PERLMUTTER (for himself, to the Committee on Transportation and In- in the jurisdiction of the committee con- frastructure. Mr. BRALEY of Iowa, and Mr. RIGELL): cerned. H. Res. 230. A resolution to recognize and By Mr. MEADOWS: By Mr. KLINE (for himself, Mr. WALZ, H.R. 2067. A bill to amend title 5, United honor our nation’s veterans on the 70th anni- Mrs. BACHMANN, Mr. PETERSON, and States Code, to make permanent the author- versaries of World War II battles; to the Mr. ELLISON): ity of the Secretary of the Treasury to estab- Committee on Veterans’ Affairs. H.R. 2076. A bill to direct the Secretary of lish a separate compensation and perform- f Defense to conduct a review of the Inte- ance management system with respect to grated Disability Evaluation System of the PRIVATE BILLS AND persons holding critical scientific, technical, Armed Forces and to submit to Congress a or professional positions within the Alcohol RESOLUTIONS report on such system; to the Committee on and Tobacco Tax and Trade Bureau, Depart- Armed Services. Under clause 3 of rule XII, ment of the Treasury; to the Committee on By Mr. PERLMUTTER (for himself, Mr. PETRI introduced A bill (H.R. 2082) to Oversight and Government Reform. Mr. WELCH, Ms. BONAMICI, Mr. RICH- authorize and request the President to award By Mrs. LUMMIS (for herself, Mr. MOND, Mr. GRIJALVA, Mr. RANGEL, the Medal of Honor to James Megellas, for- DEFAZIO, and Mr. AMODEI): merly of Fond du Lac, Wisconsin, and cur- H.R. 2068. A bill to reauthorize the Federal Mr. KEATING, Mr. CICILLINE, Ms. TSONGAS, Mr. RUSH, Mr. DINGELL, Mr. rently of Colleyville, Texas, for acts of valor Land Transaction Facilitation Act, and for on January 28, 1945, during the Battle of the other purposes; to the Committee on Natural COFFMAN, Mr. MCGOVERN, Mr. HOLT, Ms. NORTON, Mr. BLUMENAUER, Mr. Bulge in World War II; which was referred to Resources. the Committee on Armed Services. By Mr. BENISHEK: JOHNSON of Georgia, Ms. SHEA-POR- H.R. 2069. A bill to amend the Tribally TER, Mr. POLIS, Ms. SPEIER, Mr. f SCHWEIKERT, Mr. DEFAZIO, Mr. Controlled Colleges and Universities Assist- CONSTITUTIONAL AUTHORITY MCNERNEY, Mr. VAN HOLLEN, Mr. ance Act of 1978 to authorize the Secretary STATEMENT of the Interior to waive certain eligibility re- ENYART, Ms. PINGREE of Maine, Mr. quirements; to the Committee on Education CLAY, Mr. COHEN, Mr. LEWIS, Mr. Pursuant to clause 7 of rule XII of and the Workforce. TONKO, Ms. MICHELLE LUJAN GRISHAM the Rules of the House of Representa- By Mr. BISHOP of New York (for him- of New Mexico, Mr. GARAMENDI, Mrs. tives, the following statements are sub- self, Mr. WALZ, Mr. LANGEVIN, Mr. CAPPS, Mr. YARMUTH, Mr. BRALEY of mitted regarding the specific powers Iowa, Mr. DOYLE, and Ms. HAHN): RAHALL, Mr. YARMUTH, Mrs. MCCAR- granted to Congress in the Constitu- THY of New York, Mr. VAN HOLLEN, H.R. 2077. A bill to prohibit employers from tion to enact the accompanying bill or Mr. TIERNEY, Ms. KUSTER, and Mr. compelling or coercing any person to author- CICILLINE): ize access to a protected computer, and for joint resolution. H.R. 2070. A bill to protect consumers from other purposes; to the Committee on the Ju- By Mr. ISSA: price-gouging of gasoline and other fuels, diciary. H.R. 2061.

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\L21MY7.100 H21MYPT1 jbell on DSK7SPTVN1PROD with HOUSE May 21, 2013 CONGRESSIONAL RECORD — HOUSE H2839 Congress has the power to enact this legis- Article I, Section 8 support an Army, to provide and maintain a lation pursuant to the following: By Mr. BENISHEK: Navy; and to make rules for the government Article 1, Section 9, Clause 7: ‘‘No Money H.R. 2071. and regulation of the land and naval forces. shall be drawn from the Treasury, but in Congress has the power to enact this legis- By Mr. SENSENBRENNER: Consequence of Appropriations made by Law; lation pursuant to the following: H.R. 2080. and a regular Statement and Account of the Clause 3 of section 8 of article I of the Con- Congress has the power to enact this legis- Receipts and Expenditures of all public stitution— lation pursuant to the following: Money shall be published from time to time. The Congress shall have Power . . . To reg- Article I, Section 8, Clause 4. By Mr. JOHNSON of Ohio: ulate Commerce with foreign Nations, and By Mr. THORNBERRY: H.R. 2062. among the several States, and with the In- H.R. 2081. Congress has the power to enact this legis- dian Tribes. Article I, Section 8 and Article IV, Section lation pursuant to the following: In addition, Congress has the power to 3 of the United States Constitution. Congress has the authority to establish enact this legislation pursuant to the fol- Mr. PETRI: post offices and post roads, as enumerated in lowing: Clause 18 of section 8 of article I of H.R. 2082. Article I, Section 8, Clause 7 of the United the Constitution— Congress has the power to enact this legis- States Constitution. The Congress shall have Power . . . To lation pursuant to the following: By Mr. BILIRAKIS: make all Laws which shall be necessary and Clause 14 of Section 8 of Article I H.R. 2063. proper for carrying into Execution the fore- f Congress has the power to enact this legis- going Powers, and all other Powers vested by lation pursuant to the following: the Constitution in the Government of the ADDITIONAL SPONSORS Article I, section 8, clause XII–XIV of the United States, or in any Department or Offi- Under clause 7 of rule XII, sponsors Constitution of the United States, which cer thereof. gives Congress the authority to: were added to public bills and resolu- By Mr. BENISHEK: tions as follows: To raise and support Armies, but no Appro- H.R. 2072. priation of Money to that Use shall be for a Congress has the power to enact this legis- H.R. 7: Mr. FORBES, Mr. ROSS, Mr. TERRY, longer Term than two Years; lation pursuant to the following: and Mr. STOCKMAN. To provide and maintain a Navy; Article 1, Section 8 of the United States H.R. 43: Mr. DUNCAN of Tennessee. To make Rules for the Government and Constitution. H.R. 55: Mr. SMITH of New Jersey. Regulation of the land and naval Forces; By Mr. BRADY of Texas: H.R. 164: Mr. KEATING, Mr. STOCKMAN, and By Ms. WASSERMAN SCHULTZ: H.R. 2073. Mr. GUTIERREZ. H.R. 2064. Congress has the power to enact this legis- H.R. 184: Mr. JOYCE. Congress has the power to enact this legis- H.R. 241: Mr. YOHO and Mr. VALADAO. lation pursuant to the following: lation pursuant to the following: H.R. 269: Mr. LOEBSACK. Article I, Section 8, Clause 18 This bill is enacted pursuant to the power H.R. 292: Mr. PASTOR of Arizona. The Congress shall have Power * * * To granted to Congress under Article 1, Section H.R. 324: Mr. KILMER and Mr. CARTWRIGHT. make all Laws which shall be necessary and 8 of the United States Constitution. H.R. 351: Mr. COFFMAN. proper for carrying into Execution the fore- By Mr. MCKINLEY: H.R. 358: Mr. OWENS and Mr. RENACCI. going Powers, and all other Powers vested by H.R. 2065. H.R. 435: Mr. SMITH of Washington. the Constitution in the Government of the Congress has the power to enact this legis- H.R. 451: Mr. ROONEY and Ms. ROS- United States, or in any Department or Offi- lation pursuant to the following: LEHTINEN. cer thereof. The bill is authorized by Congress’ power H.R. 508: Mr. VALADAO. By Mrs. DAVIS of California: to ‘‘provide for the common Defense and gen- H.R. 530: Ms. FRANKEL of Florida. H.R. 2074. eral Welfare of the United States’’ pursuant H.R. 596: Ms. MICHELLE LUJAN GRISHAM of Congress has the power to enact this legis- to Article I, section 8 of the United States New Mexico, Mr. CRAMER, and Mr. CONNOLLY. lation pursuant to the following: Constitution. H.R. 630: Mr. MEEKS, Mr. DEUTCH, Mr. Article I, Section 8 By Mr. DENHAM: HIMES, Mrs. NEGRETE MCLEOD, Mrs. CAPPS, By Mr. ENGEL: H.R. 2066. and Mr. CICILLINE. H.R. 2075. Congress has the power to enact this legis- H.R. 647: Mr. SCHNEIDER. Congress has the power to enact this legislation pursuant to the following: H.R. 664: Mr. COLLINS of New York. lation pursuant to the following: Article I, Section 8 of the United States H.R. 675: Mr. MCDERMOTT. Article 1, Section 1 of the Constitution. Constitution, specifically Clause 1 (relating H.R. 676: Mr. DANNY K. DAVIS of Illinois. to providing for the common defense and By Mr. KLINE: H.R. 679: Mrs. LUMMIS. general welfare of the United States) and H.R. 2076. H.R. 685: Mr. LANCE, Mr. SALMON, Mr. Congress has the power to enact this legis- Clause 18 (relating to the power to make all WALBERG, and Mr. BRADY of Pennsylvania. laws necessary and proper for carrying out lation pursuant to the following: H.R. 686: Mr. GRAVES of Missouri, Mr. This legislation directs the Secretary of the powers vested in Congress). TERRY, Mr. ELLISON, and Mr. COURTNEY. Defense to conduct a comprehensive review By Mr. MEADOWS: H.R. 693: Mr. KIND and Mrs. BROOKS of Indi- H.R. 2067. of the backlog of cases in the Integrated Dis- ana. Congress has the power to enact this legis- ability Evaluation System and report to the H.R. 708: Mr. GENE GREEN of Texas. lation pursuant to the following: Congress on the Department of Defense’s H.R. 721: Mr. WHITFIELD and Mr. ROGERS of Art. I, Sec. 8 plan to improve the system and resolve all Michigan. To make all Laws which shall be necessary pending cases ensuring our servicemembers H.R. 736: Mr. CA´ RDENAS and Mr. HUFFMAN. and proper for carrying into Execution the injured in defense of our nation are provided H.R. 755: Mr. RIBBLE. foregoing Powers, and all other Powers vest- the care they need. Specific authority is pro- H.R. 792: Mr. TURNER. ed by this Constitution in the Government of vided by Article I, section 8 of the United H.R. 846: Mr. LOWENTHAL and Mr. MARINO. the United States or in any Department or States Constitution (clauses 12, 13, 14, and H.R. 850: Mr. THOMPSON of Pennsylvania, Officer thereof. 16), which grants Congress the power to raise Mr. SCOTT of Virginia, Mr. LEWIS, Mr. CAS- By Mrs. LUMMIS: and support an Army; to provide and main- TRO of Texas, and Mr. BUTTERFIELD. H.R. 2068. tain a Navy; to make rules for the govern- H.R. 851: Ms. KAPTUR. Congress has the power to enact this legis- ment and regulation of the land and naval H.R. 900: Mr. MARKEY. lation pursuant to the following: forces; and to provide for organizing, arming, H.R. 911: Mr. DAINES. Article IV, Section 3, Clause 2: ‘‘The Con- and disciplining the militia. H.R. 958: Mr. HIMES. gress shall have power to dispose of and By Mr. PERLMUTTER: H.R. 961: Mr. KEATING, Mr. PALLONE, Mr. make all needful rules and regulations re- H.R. 2077. RUPPERSBERGER, and Ms. DELAURO. specting the territory or other property be- Congress has the power to enact this legis- H.R. 975: Mr. KILMER and Mrs. LOWEY. longing to the United States; and nothing in lation pursuant to the following: H.R. 1000: Mr. MEEKS and Mr. POCAN. this Constitution shall be so construed as to Article 1 section 8 clause 3 of the United H.R. 1008: Mr. CARTWRIGHT and Mr. RUP- prejudice any claims of the United States, or States Constitution. PERSBERGER. of any particular state.’’ By Mr. QUIGLEY: H.R. 1015: Mr. BENTIVOLIO. By Mr. BENISHEK: H.R. 2078. H.R. 1029: Ms. KAPTUR. H.R. 2069. Congress has the power to enact this legis- H.R. 1074: Mr. PETERS of Michigan, Mr. Congress has the power to enact this legislation pursuant to the following: VEASEY, and Mrs. CAPITO. lation pursuant to the following: Article I, Section 8 H.R. 1091: Mr. NUGENT. Article I, Sec. 8, clause 3, the Commerce By Mr. RADEL: H.R. 1093: Ms. KAPTUR, Ms. ROS-LEHTINEN, Clause. H.R. 2079. Ms. DELBENE, and Mr. DEFAZIO. By Mr. BISHOP of New York: Congress has the power to enact this legis- H.R. 1094: Mrs. DAVIS of California, Mr. H.R. 2070. lation pursuant to the following: DOGGETT, Mrs. MCCARTHY of New York, and Congress has the power to enact this legis- Article I, Section 8, Clauses 12, 13, and 14, Ms. MATSUI. lation pursuant to the following: which grants Congress the power to raise and H.R. 1125: Mr. YODER.

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H.R. 1129: Mr. LATHAM and Mr. PASCRELL. H.R. 1696: Mr. QUIGLEY. H.R. 1910: Mr. PAYNE. H.R. 1130: Ms. BONAMICI. H.R. 1701: Mr. BURGESS and Mr. BROOKS of H.R. 1915: Mr. PAYNE. H.R. 1146: Mr. MORAN, Mr. GUTHRIE, Mr. Alabama. H.R. 1918: Mrs. WAGNER, Mr. KING of Iowa, BEN RAY LUJA´ N of New Mexico, and Mr. H.R. 1708: Mr. MARCHANT. and Mr. LATTA. KIND. H.R. 1725: Mr. SCOTT of Virginia, Ms. H.R. 1919: Mr. VALADAO. H.R. 1199: Mr. RUNYAN. MCCOLLUM, Mr. VEASEY, Mr. DANNY K. DAVIS H.R. 1209: Mr. LATTA, Mr. BISHOP of Geor- of Illinois, Mr. HECK of Washington, Mr. H.R. 1920: Mr. VELA. gia, Mr. TAKANO, and Mr. KILMER. O’ROURKE, Ms. PINGREE of Maine, Mr. H.R. 1922: Mr. BURGESS. H.R. 1252: Mr. POCAN, Mrs. MCCARTHY of HUFFMAN, and Mr. KIND. H.R. 1943: Ms. LOFGREN. New York, Mr. BISHOP of New York, and Mr. H.R. 1726: Ms. BROWN of Florida and Mr. H.R. 1950: Mr. NEUGEBAUER. MCINTYRE. CRENSHAW. H.R. 1953: Mr. MURPHY of Florida. H.R. 1255: Mr. RIBBLE and Mr. MATHESON. H.R. 1731: Mrs. NAPOLITANO and Ms. HAHN. H.R. 1961: Mr. ENYART. H.R. 1274: Mr. MORAN and Mr. MICHAUD. H.R. 1739: Mrs. CHRISTENSEN, Ms. FRANKEL H.R. 1962: Mr. JEFFRIES, Mr. FARENTHOLD, H.R. 1286: Mr. DOYLE. of Florida, Mr. SEAN PATRICK MALONEY of and Mr. SCOTT of Virginia. H.R. 1288: Mr. TAKANO. New York, Mr. TIERNEY, Mr. COHEN, and Mr. H.R. 1313: Mr. LANKFORD. CLAY. H.R. 1980: Mr. RUIZ, Mr. PALAZZO, Mr. H.R. 1339: Ms. MOORE. H.R. 1742: Mr. OWENS. KLINE, Mr. VISCLOSKY, Mr. SEAN PATRICK H.R. 1354: Mr. HIMES. H.R. 1748: Mr. TAKANO. MALONEY of New York, Ms. LEE of California, H.R. 1355: Mr. PEARCE and Mr. BROUN of H.R. 1750: Mr. RODNEY DAVIS of Illinois and Mrs. MCCARTHY of New York, and Mrs. CARO- Georgia. Mr. WALBERG. LYN B. MALONEY of New York. H.R. 1416: Mr. LATHAM, Mr. NUNNELEE, and H.R. 1756: Mr. BENTIVOLIO. H.R. 1982: Mr. BRALEY of Iowa. Mr. HIMES. H.R. 1768: Mr. BENTIVOLIO. H.R. 1992: Mr. GRIMM and Mr. WEBER of H.R. 1421: Mr. FATTAH, Mr. GENE GREEN of H.R. 1771: Mr. ROSKAM. Texas. Texas, Mr. HINOJOSA, Mr. VEASEY, Mr. H.R. 1781: Mr. KINZINGER of Illinois. H.R. 2002: Mr. LARSEN of Washington and CUELLAR, and Mr. SWALWELL of California. H.R. 1787: Mrs. CAPITO and Mr. COURTNEY. H.R. 1424: Mr. PAYNE. H.R. 1789: Mr. HOLDING. Mr. NUNNELEE. H.R. 1449: Mr. RODNEY DAVIS of Illinois and H.R. 1797: Mr. PITTENGER, Mr. DAINES, Mr. H.R. 2004: Mr. WALDEN and Mr. YOUNG of Mr. PALAZZO. WOMACK, Mr. MCINTYRE, and Mrs. ELLMERS. Alaska. H.R. 1453: Mr. COHEN. H.R. 1798: Mr. WITTMAN. H.R. 2010: Mr. LONG, Mr. JOYCE, and Mr. H.R. 1485: Mr. ANDREWS, Mr. KING of New H.R. 1801: Mr. LANGEVIN, Mr. HUFFMAN, Mr. STOCKMAN. York, Mr. SIRES, and Mr. LANCE. WITTMAN, and Ms. BONAMICI. H.R. 2014: Mr. DUNCAN of Tennessee. H.R. 1496: Mr. GUTHRIE and Mrs. BROOKS of H.R. 1809: Mr. BISHOP of New York and Mr. H.R. 2016: Ms. KUSTER and Ms. MCCOLLUM. Indiana. WAXMAN. H.R. 2020: Mr. CARNEY, Ms. TITUS, Mr. H.R. 1506: Ms. EDDIE BERNICE JOHNSON of H.R. 1823: Mr. HUFFMAN and Mr. LARSEN of Texas. Washington. RYAN of Ohio, Mr. VARGAS, Mr. DOYLE, and H.R. 1528: Mr. COURTNEY, Mr. DESJARLAIS, H.R. 1825: Mrs. MILLER of Michigan, Mr. Mr. ELLISON. Mr. GARDNER, Mr. MASSIE, Mr. YODER, and LATTA, Mr. DUNCAN of Tennessee, Mr. ALEX- H.R. 2025: Mr. FARENTHOLD. Mr. SALMON. ANDER, Mr. RODNEY DAVIS of Illinois, and Mr. H.R. 2026: Mr. AUSTIN SCOTT of Georgia. H.R. 1538: Ms. LEE of California. WITTMAN. H.R. 2027: Mr. ROKITA. H.R. 1553: Mr. MURPHY of Florida, Mr. H.R. 1826: Mr. SAM JOHNSON of Texas. H.R. 2036: Ms. WILSON of Florida. GIBBS, Mr. RODNEY DAVIS of Illinois, Mr. H.R. 1830: Mr. TIERNEY, Mr. KENNEDY, Ms. H.R. 2053: Mr. JONES and Mr. SAM JOHNSON PAULSEN, Mr. RICHMOND, Mr. NUGENT, Mrs. SHEA-PORTER, Mr. VAN HOLLEN, Mr. RANGEL, of Texas. HARTZLER, and Mr. NUNNELEE. Mr. WITTMAN, Ms. ESHOO, Mr. MICHAUD, Ms. H. Con. Res. 34: Mrs. NEGRETE MCLEOD, Mr. H.R. 1566: Mr. HASTINGS of Florida. DELAURO, and Ms. ROYBAL-ALLARD. WAXMAN, and Ms. LOFGREN. H.R. 1588: Ms. EDWARDS. H.R. 1833: Mr. GRIJALVA. H.R. 1589: Mr. COURTNEY. H.R. 1851: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 36: Mr. YOHO. H.R. 1590: Mr. WITTMAN. fornia and Ms. LOFGREN. H. Res. 71: Mr. LAMBORN. H.R. 1593: Mr. BARBER, Mr. CARNEY, Mr. H.R. 1857: Mr. RYAN of Ohio. H. Res. 90: Mr. VELA, Mrs. CAPPS, Ms. VAN HOLLEN, Mr. BISHOP of New York, Mr. H.R. 1867: Mr. LAMBORN, Mr. LOEBSACK, and WASSERMAN SCHULTZ, Mr. GRAYSON, Ms. CAS- HINOJOSA, Mr. HORSFORD, Ms. MICHELLE Mr. BISHOP of New York. TOR of Florida, Mr. HORSFORD, Mr. WATT, and LUJAN GRISHAM of New Mexico, Mr. PETERS H.R. 1869: Mr. HARRIS, Mr. GRAVES of Geor- Mrs. DAVIS of California. of Michigan, Ms. SLAUGHTER, and Mr. YAR- gia, Mr. FLORES, Mr. LIPINSKI, and Mr. WIL- H. Res. 104: Mr. TAKANO and Mr. CARNEY. MUTH. LIAMS. H. Res. 109: Ms. ESHOO. H.R. 1620: Mrs. KIRKPATRICK. H.R. 1871: Mr. AMASH. H. Res. 174: Mrs. BUSTOS. H.R. 1624: Ms. NORTON. H.R. 1875: Ms. MCCOLLUM. H.R. 1642: Mr. DELANEY and Mr. RENACCI. H.R. 1893: Mr. SABLAN and Mr. PETERS of H. Res. 190: Mr. RANGEL, Mr. TAKANO, and H.R. 1643: Mr. DELANEY. Michigan. Mrs. LOWEY. H.R. 1652: Ms. LORETTA SANCHEZ of Cali- H.R. 1896: Mr. PAULSEN. H. Res. 200: Mr. ISRAEL and Mr. TAKANO. fornia, Ms. SHEA-PORTER, Mrs. KIRKPATRICK, H.R. 1904: Mr. NUNNELEE, Mr. ENYART, Ms. H. Res. 221: Mr. HUFFMAN, Mrs. DAVIS of Mr. JOHNSON of Georgia, and Mr. MCNERNEY. BORDALLO, Mr. COURTNEY, and Mr. KILMER. California, Mr. MARKEY, and Mr. RANGEL.

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Vol. 159 WASHINGTON, TUESDAY, MAY 21, 2013 No. 72 Senate The Senate met at 10 a.m. and was appoint the Honorable WILLIAM M. COWAN, a neighbors, everyday citizens, young called to order by the Honorable WIL- Senator from the Commonwealth of Massa- and old, who have been heroic in help- LIAM M. COWAN, a Senator from the chusetts, to perform the duties of the Chair. ing. Commonwealth of Massachusetts. PATRICK J. LEAHY, Although we may not know the ex- President pro tempore. tent of the damage now, we will con- PRAYER Mr. COWAN thereupon assumed the tinue to do everything in our power to The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. help the people of Oklahoma as they fered the following prayer: f recover from these terrible tornadoes, Let us pray. these acts of nature. I will stand vigi- Our Father, we honor Your wonderful RECOGNITION OF THE MAJORITY lant today and tomorrow, ready to help Name. The angels bow before You; LEADER as more storms threaten the region. Heaven and Earth adore You. Your The ACTING PRESIDENT pro tem- Every Federal resource will be made voice echoes over the oceans and thun- pore. The majority leader is recog- available to help the communities af- ders above the roar of the raging sea. nized. fected by this tragedy. I look forward We pray today, O God, for the fami- f to hearing the President—his speech lies of the dozens killed in the massive will start momentarily—on the dis- tornado in Oklahoma. Bring healing to OKLAHOMA TORNADOES aster. I am pleased that FEMA Admin- the injured and comfort to those who Mr. REID. Mr. President, yesterday istrator Craig Fugate is already in mourn. afternoon I called home to check to see Oklahoma assessing the extent of the Today, may our Senators honor You how things were going, visited with my damage and deciding how the Federal with worthy service. By their words wife a little bit. Government can best assist. and actions, empower them to glorify She said: You can’t imagine what I I will continue to monitor the search Your Name. Lord, guide them with am watching on TV. It is hard to and rescue efforts. Whenever tragedy Your loving providence, as they trust watch. strikes any part of our Nation, it really in Your wisdom and might. May they She was talking about the terrible strikes us all. I pledge to the people of commit themselves to Your will and storm that hit Oklahoma, the devasta- Oklahoma my continued support, our leave the results to You. tion and deaths, the injuries. She tried continued support, as they begin to re- We pray in Your merciful Name. cover from this awful storm. Amen. to explain to me. It was hard to relate even though she was watching it on f f TV. Homes were destroyed, schools SCHEDULE PLEDGE OF ALLEGIANCE were destroyed, even elementary Mr. REID. Following leader remarks The Honorable WILLIAM M. COWAN led schools were destroyed. today the Senate will be in a period of the Pledge of Allegiance, as follows: I think what Landra did was she de- morning business for 1 hour. The ma- I pledge allegiance to the Flag of the scribed how all of America feels and jority will control the first half, the United States of America, and to the Repub- felt upon watching it. Our hearts go Republicans the final half. Upon con- lic for which it stands, one nation under God, out to the families whose loved ones clusion of morning business, the Sen- indivisible, with liberty and justice for all. were lost. The extent of that we don’t ate will resume consideration of S. 954, f know. We are still waiting. Those miss- the farm bill. I spoke to Chairman STA- APPOINTMENT OF ACTING ing in the devastating tornadoes in BENOW last night. She indicated that PRESIDENT PRO TEMPORE Oklahoma, we feel so sad for them. Our she believes there is an opportunity to thoughts are with those who were af- The PRESIDING OFFICER. The finish the bill, even this week. I cer- fected by this tragedy, and so many tainly hope that is the case. The Sen- clerk will please read a communication people have been affected. Families are to the Senate from the President pro ate will recess from 12:30 to 2:15 today still searching for their family mem- to allow for our weekly caucus meet- tempore (Mr. LEAHY). bers, their children. The legislative clerk read the fol- ings. I recognize and commend the heroic lowing letter: f efforts of the first responders who U.S. SENATE, rushed to the scene and have been RECOGNITION OF THE MINORITY PRESIDENT PRO TEMPORE, working tirelessly to help those who LEADER Washington, DC, May 21, 2013. To the Senate: were injured. They worked all night. Of The ACTING PRESIDENT pro tem- Under the provisions of rule I, paragraph 3, course, they are still searching for the pore. The Republican leader is recog- of the Standing Rules of the Senate, I hereby missing. I commend the efforts of nized.

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

S3633

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Under the previous order, the Senate will be in a pe- my small hometown of Mantador, ND. this morning I would like to take a mo- Brad Hejtmanek’s life and his accom- ment to express my condolences to all riod of morning business for 1 hour, with Senators permitted to speak plishments were pretty modest by na- who lost family and friends in this hor- tional standards, but nevertheless, for rible disaster. It has been a truly therein for up to 10 minutes each, with the majority controlling the first half. the people of my small hometown, Brad heartbreaking loss of life—dozens in- was something special. jured and killed yesterday, including Mr. MCCONNELL. I suggest the ab- Brad was a standout high school ath- many children. The tornado that tore sence of a quorum. lete, a veteran, a softball coach, a Na- through Moore flattened entire neigh- The ACTING PRESIDENT pro tem- tional Guardsman, a coworker, a hus- borhoods and destroyed at least two el- pore. The clerk will call the roll. band, a father, a gardener, and a friend. ementary schools—Briarwood and The legislative clerk proceeded to For most of his adult life, Brad was the Plaza Towers—just as students were call the roll. mayor of Mantador—not exactly the about to be released for their last week Ms. STABENOW. Mr. President, I ask most glamorous of jobs. Mantador runs of school before the summer recess. I unanimous consent that the order for exclusively on volunteer labor. don’t think any of us can comprehend the quorum call be rescinded. For years he made sure the city the searing grief of their parents. I am The PRESIDING OFFICER (Mr. water and sewer were working, the told that two crews from the Louisville SCHATZ). Without objection, it is so or- Christmas tree got decorated, that Red Cross recently left for Oklahoma dered. barking dogs were attended to, that to help those who are now suffering. f the garbage got picked up, the roads Kentuckians understand the terrible CONCLUSION OF MORNING got fixed, and abandoned lots did not toll these storms can take. Just last BUSINESS get overrun with weeds and junk. March I toured the wreckage after a The PRESIDING OFFICER. Morning For years Brad got to do the great deadly tornado in West Liberty, KY, business is closed. ceremonies incumbent of a small-town where churches, businesses, and f mayor. For example, after I was elect- schools were reduced to rubble and ed attorney general of North Dakota, AGRICULTURE REFORM, FOOD, where several Kentuckians lost their Brad presented me with the key to the AND JOBS ACT OF 2013 life. I remember full well the tornado city. This was no ceremonial key; it that went through my hometown of The PRESIDING OFFICER. Under was the real deal. I wondered for Louisville back in the 1970s. It knocked the previous order, the Senate will re- months after getting that key what down every house on my parents’ sume consideration of S. 954, which the that key actually opened, until one day street. My mother was in the base- clerk will report. I got a call from Brad asking me if I ment, and mercifully it skipped over The assistant legislative clerk read could send the key back. You see, the our house for some reason but leveled as follows: key was actually to the town dump and all the houses across the street and the A bill (S. 954) to reauthorize agricultural spring cleaning was coming. But that ones next door. It is very hard to accu- programs through 2018. was Brad. rately describe the devastation a storm Pending: You can’t look anywhere in such as this leaves in its wake. Stabenow (for Cantwell) amendment No. Mantador and not see his impact. One As first responders continue to dig 919, to allow Indian tribes to participate in can go to the small ballpark and re- through the rubble in Moore, I fear we certain soil and water conservation pro- member that Brad organized the Na- will hear a lot more bad news in the grams. tional Guard to come and clean out the days ahead. That said, I am sure we The PRESIDING OFFICER. The Sen- old grove of trees, look to the large will also hear stories of hope and self- ator from Michigan. VFW and remember that Brad re- sacrifice, as we almost always do when Ms. STABENOW. We are now going cruited folks to come and help build it, tragedies such as this strike—of to resume discussion on the farm bill, look to the fire hall and remember the strangers shielding strangers, of neigh- but before doing that I see one of the games of pickup baseball we played bors helping others rebuild, of volun- distinguished members of our com- when we were kids, look to the teers working through the night to sift mittee on the floor who I know would Mantador grade school and remember through the debris to find survivors. like to make some other comments. that Brad was the kid who always took As we have seen time and time again But I just wish to thank her in advance the dare, the kid who always organized in recent years, Americans are at their for her leadership. We are so excited the pickup football games, and that best when called upon to help each and pleased to have the Senator from every kid in grade school knew the other in tragic circumstances, and this North Dakota on the Agriculture Com- lyrics to the ‘‘Marine Corps Hymn’’ be- circumstance can hardly be more trag- mittee. cause Brad made sure at every choir ic. So we in the Senate offer our heart- Having had a chance to be in North practice we sang it not only once but felt prayers to those affected by this Dakota—and she has said it to me a twice. terrible storm. We offer our gratitude thousand times, so it is burned into my Men and women such as Brad to the first responders. We offer our en- memory—90 percent of the land in Hejtmanek are the unsung heroes of couragement to Governor Fallin and North Dakota is in agriculture, and so our democracy. They step up and vol- the many Federal, State, and local offi- she reminds me of that every day. She unteer when their country and their cials who are working hard to assist in has been a key person in helping us community need them. They are the recovery and who will aid in the re- bring this farm bill to the floor. So be- friends when a person needs a friend, building of homes and schools and fam- fore proceeding on the Agriculture Re- and they never forget where they came ilies and lives. form, Food and Jobs Act, I would ask from. So even though he will never that Senator HEITKAMP be recognized. have a chapter in a history book, he WELCOMING BURMA’S PRESIDENT The PRESIDING OFFICER. The Sen- will always have a place in the hearts Later this morning the majority ator from North Dakota. of the people of Mantador. In my book leader and I will welcome the leader of TRIBUTE TO BRAD HEJTMANEK that is an honor unequalled. Burma, Thein Sein. He will be here to Ms. HEITKAMP. Mr. President, on Thank you, Brad, for all you did for discuss the reform in that country and the floor of the Senate Senators often your country and your small town. our bilateral relationship. Later today come to praise a local university foot- Godspeed, my friend. I and all of I will have more to say about the re- ball team that just won a champion- Mantador will miss you. form movement in Burma. ship or a famous coach who is retiring I ask unanimous consent to have his I yield the floor. or maybe even a famous politician who obituary printed in the RECORD.

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.002 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3635 There being no objection, the mate- with those who are producing the food, need help; we stand with families who rial was ordered to be printed in the who are producing the equipment for find their own personal disaster be- RECORD, as follows: our food, and who are doing all the cause of the economy, just as we stand BRADLEY C. HEJTMANEK pieces around food production and with farmers for a strong crop insur- Bradley C. Hejtmanek, 59, of Mantador, ND processing and the efforts in trade ance program when a farmer has a dis- passed away Thursday, May 16, 2013 at San- around the globe, where we are proud aster as well, but we do make sure ford Health in Fargo, ND, surrounded by his to say agriculture is No. 1 in creating a there is integrity in the programs, family and friends. Funeral mass will be trade surplus for our country. Other which is very important. Tuesday, May 21, 2013 at 10:30 a.m. at Sts. countries are looking to us. There are We have had at least two cases in Peter & Paul Catholic Church in Mantador, 7 billion mouths to feed in the world Michigan where two people won the ND with Fr. Peter Anderl officiating and today, and American agriculture is at lottery and continued on food assist- burial in Calvary Cemetery, Mantador with ance—pretty outrageous. And we make military honors by the Hankinson American the front of the line feeding families Legion Post #88 and the Mantador VFW Post and supporting efforts around the sure that cannot happen again. There #9317 and the North Dakota National Guard. globe. We know that number is growing have been abuses in other areas, where Visitation will be Monday from 3:00 p.m. to every day and the leadership of Amer- retailers have allowed people to turn in 7:00 p.m. with a prayer service at 7:00 p.m. all ican agriculture is going to be even their food assistance cards for money at the church, and Tuesday morning one more important in that process. for drugs or other illegal activities, and hour prior to the service at the church. We also know this is a bill that con- we make sure we clamp down on that. Brad was born on April 14, 1954 in serves our land, our water, our air, and We have gone through the bill and we Breckenridge, MN, the son of Joseph & Mar- cella (Havlena) Hejtmanek. He attended our forests. This is the piece of legisla- address misuse, waste, fraud, and abuse school in Mantador and graduated from tion that focuses on conservation for in every part of the farm programs but Hankinson in 1972. He earned his associate working lands—lands that are owned certainly in this area as well. So we degree from Chaminade University, Hono- by someone in this country, which is can stand before our colleagues and say lulu, Hawaii in 1976. the majority of land, and there are in- this is about making sure folks who Brad was very active in Mantador & the credibly important partnership efforts have worked all their lives, who have surrounding area. He enjoyed all sports, es- that go on. The farm bill improves 1.9 paid taxes all their lives, who suddenly pecially the Twins, Vikings, Wild & UND million acres of fish and wildlife habi- find themselves, through no fault of hockey. He enjoyed time spent with family & friends, reading, t.v. & of course, popcorn. tat. That is why our conservation title their own, in a situation where they He is survived by his wife, Karen, 2 sons, is supported by over 650 conservation need some temporary food help are Doug (Chaska Guemmer) & Jason (Bri and environmental groups all across able to get that help for their family. Huotari), granddaughter, Aubrey, 2 brothers, the country. The good news is those dollars—that Richard (Ann), Jay (Denise), a sister, Joy We have the same conservation title part of the farm bill—are actually de- (Mike) Schreder, several nieces & nephews, we had last year, and I am very pleased creasing. The costs are going down and father-in-law, George Thompson, 2 brothers- to say the House also has adopted the not because we are cutting back on in-law, Terry (Kathy) Thompson & Brian structure of reform we have in our bill. support for families but because the Thompson. He was preceded in death by his parents, It is very similar in the House and Sen- economy is improving, so more people brother, Douglas, nephew, Joseph & mother- ate bills on conservation, and so this is are going back to work and don’t need in-law, Janice Thompson. a real landmark piece of legislation as the temporary help. That is the way we Frank Family Funeral Home, Hankinson, it relates to preserving our soil, our should be reducing the costs, and that ND is in charge of the arrangements. land, our water, our air, and our for- is in fact what we do. In-line guestbook: www.frankfamily ests, and it is a commitment we make I am also very pleased with the fact funeralhome.com as Americans to future generations. we focus on rural development and re- The PRESIDING OFFICER. The Sen- We have also added in this legislation forms that are very significant and ator from Michigan. a commitment brought to us by the very important. Right now, there are ORDER FOR MOMENT OF SILENCE commodity farm groups and environ- actually 11 different definitions of the Ms. STABENOW. Mr. President, first, mental and conservation groups to term ‘‘rural.’’ We had local mayors and I would I ask unanimous consent that make sure, when farmers are using county supervisors and village resi- at 12 noon today the Senate observe a critically needed tools such as crop in- dents come to us and say: We appre- moment of silence for the victims of surance—which is the mainstay for ciate the fact that rural development the tornado in Oklahoma. farmers now, buying crop insurance funds allow us to provide financing for The PRESIDING OFFICER. Without and hoping, in fact, they do not have to our businesses and water and sewer objection, it is so ordered. get a payout because it means they projects and housing projects and road Ms. STABENOW. Mr. President, we have had a loss or a disaster; that it is projects, but could you just give us one know we have other colleagues who now the foundation of what we are definition, rather than trying to figure will be coming to the floor to talk doing to support farmers across the out 11 different ways to define rural. It about the very important jobs bill, re- country—they have agreed to tie com- may sound simple, but it wasn’t sim- form bill, and food bill we have in front pliance for conservation practices to ple. But we did actually get it down to of us—a conservation bill as well—but I crop insurance, which is a very impor- one definition, and we have stream- just wish to take a moment to say to tant policy. This is a historic agree- lined the process and the paperwork so our colleagues, if there are amendment between agricultural groups and communities, small towns, and folks ments they have, as we are moving conservation and environmental who support and need rural economic through the bill—and we are doing our groups. As a result of their agreement development help can get that with a best to finish this by the end of the and their urging, we have added that to minimal amount of paperwork. week or certainly get as close as we this bill, which is a very significant ad- We have done that through this en- can—we are very interested in working dition and strengthens what we are al- tire bill. Frankly, I truly believe that with colleagues to get to their amend- ready doing on conservation. if, in every part of government, we did ments. We would appreciate it if they We make a strong nutrition commit- what we have done in agricultural pro- would let us know what they are and ment to families. We make sure every grams, we would not only be doing bring them down so we can be working family who currently qualifies for nu- what the public wants but we would with them on any of their amend- trition assistance in our country con- balance the budget. We have 100 dif- ments. tinues to receive that assistance. We ferent programs or authorizations we We are very proud of the product we create savings by looking at areas have eliminated because they didn’t have in front of the Senate right now. where there has been abuse or misuse make sense anymore. They were dupli- There are 16 million people who work by a few States on one policy and by cative, not wise spending for tax- in agriculture. I would say that is a individuals or retailers in other areas payers—things such as direct subsidy jobs bill. I think it is probably the big- and we tighten that up so we have payments for farmers that did not gest jobs bill we will have in front of more integrity in the process. We make make sense, cutting from 23 conserva- the Senate—agricultural jobs directly it clear we stand with families who tion programs to 13 and putting them

VerDate Mar 15 2010 23:36 May 21, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.006 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3636 CONGRESSIONAL RECORD — SENATE May 21, 2013 in 4 different subject areas with a lot of The PRESIDING OFFICER (Ms. [Rollcall Vote No. 129 Leg.] flexibility so we can stretch it out and HEITKAMP). Without objection, it is so YEAS—87 get more bang for our buck and do a ordered. Alexander Fischer Moran better job without in any way reducing Ms. STABENOW. I ask unanimous Ayotte Flake Murkowski Baldwin Franken Murphy the commitment to conservation. consent that following a moment of si- Barrasso Gillibrand Murray We have gone through the entire lence at noon today, the Senate pro- Baucus Graham Nelson farm bill and made tough decisions, ceed to a vote in relation to Cantwell Begich Grassley Portman smart decisions. We have saved about amendment No. 919; that upon disposi- Bennet Hagan Pryor Blumenthal Harkin Reed $24 billion—more than even we did last tion of the Cantwell amendment, Sen- Blunt Hatch Reid year—while having a set of policies ator GILLIBRAND be recognized. Boozman Heitkamp Risch that is broadly supported in the con- The PRESIDING OFFICER. Is there Boxer Heller Roberts Brown Hirono Rockefeller servation community and the agricul- objection? Without objection, it is so Burr Hoeven Sanders tural community and the energy com- ordered. Cantwell Isakson Schatz munity and those who represent small Ms. STABENOW. We are also work- Cardin Johanns Schumer towns across this country. We did it, Carper Johnson (SD) Scott ing on a Sessions amendment No. 945, Casey Kaine Sessions again, by making tough decisions and which we had hoped to line up as well. Chambliss King Shaheen by working together on a bipartisan I understand there is an additional Coats Klobuchar Shelby basis. Cochran Landrieu Stabenow modification being made. If that modi- Collins Leahy Tester I am proud that even though these fication is agreeable to both sides, it is Coons Levin Thune arbitrary, across-the-board cuts called our intention to adopt that amend- Corker Manchin Udall (CO) sequester, cuts that make no sense— ment, as modified, prior to the caucus Cowan McCain Udall (NM) Crapo McCaskill Warner even though those cuts would require meetings. Donnelly McConnell Warren $6 billion in cuts in agricultural pro- I yield the floor and suggest the ab- Durbin Menendez Whitehouse grams, we have been willing, volun- sence of a quorum. Enzi Merkley Wicker Feinstein Mikulski Wyden tarily, to come up with four times that The PRESIDING OFFICER. The level of cuts. We ask for your support clerk will call the roll. NAYS—8 for a set of policies that works better, The bill clerk proceeded to call the Cornyn Kirk Rubio Cruz Lee Toomey that streamlines the system, that cuts roll. back on that which does not make Johnson (WI) Paul Mr. REID. Madam President, I ask sense to do but strengthens the prior- NOT VOTING—5 unanimous consent that the order for ities that are important for economic Coburn Inhofe Vitter the quorum call be rescinded. growth, for families, for conservation, Heinrich Lautenberg for communities all across this coun- The PRESIDING OFFICER. Without The amendment (No. 919) was agreed try. objection, it is so ordered. to. We are willing and have done our MOMENT OF SILENCE Ms. STABENOW. I move to recon- part to step up and meet the challenges The PRESIDING OFFICER. Under sider the vote and to lay that motion of deficit reduction, of balancing our the previous order, there will now be a upon the table. Federal budget, but keeping our com- moment of silence for the victims of The motion to lay on the table was mitment to our farmers and ranchers the tornadoes in Oklahoma. agreed to. who have the most risky jobs in the (Moment of silence.) AMENDMENT NO. 931 Mrs. GILLIBRAND. Madam Presi- world. As I said yesterday, nobody else AMENDMENT NO. 919 has to worry about whether it is going dent, I call up my amendment No. 931 The PRESIDING OFFICER. Under for a vote at a time to be determined to rain or not rain—too much rain, no the previous order, the question is on rain; whether it is going to freeze, as it by the manager of the bill. agreeing to amendment No. 919, offered The PRESIDING OFFICER. The did in northern Michigan after the by the Senator from Washington, Ms. cherry blossoms came on the trees and clerk will report the amendment. CANTWELL. The bill clerk read as follows: the freeze wiped everything out. The Senator from Michigan. The Senator from New York [Mrs. GILLI- Nobody else is in a business where Ms. STABENOW. Let me indicate BRAND], for herself, Mr. LAUTENBERG, Mr. they cannot control the most impor- that this amendment would require WHITEHOUSE, Mr. COWAN, Mr. REED, Mr. tant factor, which is the weather. We tribes to be included in the develop- BLUMENTHAL, Mr. WYDEN, Mr. CASEY, Mr. have certainly seen the havoc the KING, Mr. SCHUMER, Ms. WARREN, Mrs. MUR- ment of Resource Conservation Act ap- weather has played on families across RAY, Mrs. BOXER, Mr. SANDERS, Ms. BALDWIN, praisals. It is something that is sup- this country, including what happened Mr. MURPHY, and Mr. MENENDEZ, proposes an ported by Senator COCHRAN and me. yesterday in Oklahoma. amendment numbered 931. I ask for the yeas and nays. We stand here proudly to say we sup- Mrs. GILLIBRAND. I ask unanimous port an effort that is creating reform, The PRESIDING OFFICER. Is there a consent that the reading of the amend- that is saving money, that is standing sufficient second? ment be dispensed with. The PRESIDING OFFICER. Without up for the folks who have helped create There appears to be a sufficient second. There is a sufficient second. objection, it is so ordered. the most affordable and safest food The amendment is as follows: supply in the world—America’s farmers The clerk will call the roll. The bill clerk called the roll. (Purpose: To strike a reduction in the sup- and ranchers. We stand here supporting plemental nutrition assistance program, American families who need to make Mr. DURBIN. I announce that the with an offset that limits crop insurance sure that when times are tough the Senator from New Mexico (Mr. HEIN- reimbursements to providers) very best of America’s values are in RICH) and the Senator from New Jersey Beginning on page 355, strike line 8 and all place, which is to make sure they have (Mr. LAUTENBERG) are necessarily ab- that follows through page 357, line 15. the ability to put food on the table for sent. On page 1065, after line 25, add the fol- their families. Mr. CORNYN. The following Senators lowing: I believe we have others who will be are necessarily absent: the Senator SEC. 11011. ANNUAL LIMITATION ON DELIVERY EXPENSES AND REDUCED RATE OF coming to the floor. At the moment I from Oklahoma (Mr. COBURN), the Sen- RETURN. suggest the absence of a quorum. ator from Oklahoma (Mr. INHOFE), and (a) ANNUAL LIMITATION ON DELIVERY EX- The PRESIDING OFFICER. The the Senator from Louisiana (Mr. VIT- PENSES.—Section 508(k)(4) of the Federal clerk will call the roll. TER). Crop Insurance Act (7 U.S.C. 1508(k)(4)) is The assistant legislative clerk pro- The PRESIDING OFFICER. Are there amended by adding at the end the following: ‘‘(G) ANNUAL LIMITATION ON DELIVERY EX- ceeded to call the roll. any other Senators in the Chamber de- PENSES.—Beginning with the 2014 reinsur- Ms. STABENOW. Madam President, I siring to vote? ance year, the amount paid by the Corpora- ask unanimous consent that the order The result was announced—yeas 87, tion to reimburse approved insurance pro- for the quorum call be rescinded. nays 8, as follows: viders and agents for the administrative and

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.008 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3637 operating costs of the approved insurance voices heard to prevent these cuts, ance companies that are based in Ber- providers and agents shall not exceed such as one very brave veteran from muda, Australia, and Switzerland. $924,000,000 per year.’’. Colorado Springs. He served in Iraq, My amendment already has the sup- (b) REDUCED RATE OF RETURN.—Section but was declared medically unfit to 508(k)(8) of the Federal Crop Insurance Act (7 port and advocacy of a third of this U.S.C. 1508(k)(8)) (as amended by section continue his service. He was released body. Thirty-three Senators have 11011) is amended by adding at the end the from the military and returned home. signed a letter saying do not cut food following: As he was looking for a job and waited stamps, because it protects half a mil- ‘‘(G) REDUCED RATE OF RETURN.—Beginning for the VA to activate his benefits, he lion struggling Americans who too with the 2014 reinsurance year, the Standard relied on SNAP to help his family often do not have a voice in Wash- Reinsurance Agreement shall be adjusted to make ends meet. Going from active ington when they desperately need it. ensure a projected rate of return for the ap- duty to food stamps, he described, was It makes modest cuts to an already proved insurance producers not to exceed 12 a culture shock. It was never his plan percent, as determined by the Corporation.’’. overgenerous corporate welfare system. to go on food stamps. Without that lit- It is common sense. Standing by those Mrs. GILLIBRAND. I yield to the tle bit of support, this veteran, his who are suffering is the core. It is a chairman of the committee for other wife, and his children would have need- core value of who we are as Americans. business. lessly suffered. Today he is back on his If it is in your heart, and if you be- Ms. STABENOW. I thank the Sen- feet working full time, but the program lieve feeding hungry children is the ator. was there for him when he needed it, as Madam President, we have a great right thing to do, then stand with us. it should be. start here with our first vote. Stand with America’s veterans. Stand These are the people who rely on this with the AARP and America’s seniors. AMENDMENT NO. 945, AS MODIFIED critically needed assistance to put food Stand with struggling families and Ms. STABENOW. Before proceeding on the table and who stand to lose if children all across this Nation. Let’s with Senator GILLIBRAND’s amend- Congress follows through with these keep food on the tables of people who ment, I ask unanimous consent that deep cuts to SNAP. Half of all food need it. When we do, America will be the Sessions amendment No. 945, with stamp recipients are children, 8 percent stronger, and this body will be strong- the changes at the desk, as modified, are seniors, and 1.4 million veteran er. be agreed to. households receive food stamps. There I yield the floor. The amendment, as modified, was are some of you here who would have f agreed to, as follows: us believe that these children, seniors, (Purpose: To clarify eligibility criteria for and veterans are gaming the system RECESS agricultural irrigation assistance) just to take advantage of taxpayers. The PRESIDING OFFICER. Under On page 263, between lines 20 and 21, insert The fact is, it is less than 1 percent of the following: the previous order, the Senate stands every dollar that goes into this pro- ‘‘(iii) IRRIGATION.—In States where irriga- in recess until 2:15 p.m. tion has not been used significantly for agri- gram that is wasted, less than 1 per- Thereupon, the Senate, at 12:41 p.m., cultural purposes, as determined by the Sec- cent is evidence of fraud. Imagine if we recessed until 2:15 p.m. and reassem- retary, the Secretary shall not limit eligi- had that level of efficiency anywhere bled when called to order by the Pre- bility under section 1271B or this section on else in government. siding Officer (Ms. BALDWIN). the basis of prior irrigation history. In fact, SNAP keeps our economy The PRESIDING OFFICER. The Sen- moving. This money goes straight to f ator from New York. the grocery stores, the store clerks, the AGRICULTURE REFORM, FOOD, AMENDMENT NO. 931 truckers who haul the food, and pro- AND JOBS ACT OF 2013—Continued Mrs. GILLIBRAND. I rise today to ducers all across the country. Sixteen The PRESIDING OFFICER. The Sen- urge my colleagues on both sides of the cents of every SNAP dollar actually ator from Vermont. aisle to join my effort to fight off the goes right back to the farmer who grew proposed $4 billion worth of cuts to the crop, according to the USDA. When COST OF GASOLINE SNAP, better known as food stamps. we cut $4 billion from SNAP, it means Mr. SANDERS. Madam President, I I ask that my amendment, No. 931, be there is $90 less a month going to half will hold off asking that the pending called up for a vote at a time deter- a million households. To folks in this amendment be set aside until the man- mined by the manager of the bill. Chamber, $90 a month may not seem ager is here. At this time I will address When Congress proposes to cut the like a lot of money, but for a strug- an enormously important national food stamp program, it is not a name- gling family that is a week’s worth of issue, an issue even more important to less, faceless person looking for a hand- groceries. Imagine telling your chil- rural America; that is, the sky- out who suffers—it is hungry children, dren they can’t eat the last week of rocketing cost of gasoline at the pump, hardworking adults, seniors on fixed every month. Imagine telling your and oil in general, which is causing incomes, veterans, active-duty service- child at night when he says to you: enormous hardship for the American members fighting our wars, and the Mommy, I am still hungry, that there consumer, small businesses, truckers, families who stand by them. is nothing you can do about it. airlines, and fuel dealers. I heard from a single mom in Queens, As a mother, as a lawmaker, watch- The bottom line is in Vermont and working full time at a supermarket, ing a child, a senior, and a brave vet- all over this country people are paying doing all she could to make ends meet eran going hungry is something I will an arm and a leg for a gallon of gas and but still struggles in this very tough not stand for, and neither should any- for home heating oil, and it is a very economy. Her son came home one day one else in this body. Clearly we have serious economic problem for the indi- from school with a bag in his hand and to reduce the debt and the deficit, but vidual consumer and for the entire told her he saved his lunch for their hardworking parents, their children, economy at large. In fact, as we con- dinner, and that he asked his best seniors, troops, and veterans are just tinue to struggle to get out of this ter- friend if he could have his sandwich to trying to keep the lights on, trying to rible recession, high oil and gas prices bring home for his brother. Obviously make ends meet, trying to put food on are enormously detrimental to the en- that mother broke down in tears. She the table. They did not spend this Na- tire economic recovery process. needs food stamp assistance. tion into debt, and we should not be These rapidly increasing prices are I heard from a senior in Washington trying to balance the budget on their particularly harmful to rural America Heights in New York City. She receives back. They deserve better from us. where working people often are forced a limited fixed income, not enough to These are the wrong priorities for to travel 50 to 100 miles to their jobs live on. She relies on SNAP to pay for America. and back. If people are paying $3.80 for food and for some peace of mind. With- Instead, the amendment I am pro- a gallon of gas, that adds up, and it is out that help, putting food on the table posing would reduce a real source of money coming right out of their wal- will become impossible. waste in this budget, and that is cor- lets. I have heard from veterans all across porate welfare for large corporations Over the last 5 months the national the country who are making their that do not need it, including insur- average price for a gallon of gasoline

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.003 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3638 CONGRESSIONAL RECORD — SENATE May 21, 2013 has gone up by more than 41 cents at site on how to make sure the pricing of America. So if you are looking at an the pump, even—and this is the impor- gasoline, crude oil, heating oil, diesel abundance of supply and limited de- tant point to make—as U.S. oil inven- fuel, and jet fuel becomes more trans- mand, we have every reason in the tories reach a three-decade high, and parent, open, and free from manipula- world to believe gas prices at the demand for gasoline is lower than it tion, fraud, abuse, or excessive specula- pump, oil prices in general, should go was 4 years ago when prices averaged tion. down. If they are not going down, we less than $2.30 a gallon. In other words, The third largest oil company in Eu- have to ask why. Many of us believe what we learned in elementary school rope has estimated that as much as 80 this has to do with excessive Wall about supply and demand and pricing— percent of all crude oil product trans- Street speculation on the oil futures the foundation of capitalism, if you actions are linked to prices published market. like—is when there is a lot of supply by Platts, a private price reporting While we cannot ignore the fact that and limited demand, prices should go agency, while just 20 percent are linked big oil companies have been gouging down. Right now, there is a lot of sup- to trades on the New York Mercantile consumers at the pump for years and ply, less demand, and prices are going Exchange or ICE Futures in Europe. In have made over $1 trillion in profit up, and I think we need to know why order to calculate prices, Platts de- over the past decade, there is mounting because this impacts our entire econ- pends on oil companies and Wall Street evidence that high gasoline prices have omy and millions and millions of con- speculators to voluntarily provide de- less to do with supply and demand and sumers. tails on bids, offers, and transactions more to do with Wall Street specula- Our goal must be to do everything we for various crude oil and petroleum tion jacking up oil and gas prices in can to make sure oil and gas prices are commodities. the energy futures market. Ten years transparent and free from fraud, ma- So that is one of the issues we want ago—and this is a very important point nipulation, abuse, and excessive specu- to take a hard look at to make sure we for people to understand—10 years ago lation. Let the principles of supply and end those manipulations. The other speculators only controlled—‘‘only’’ is demand work. Let’s eliminate fraud, issue I want to take a hard look at is probably the wrong word, but they con- manipulation, abuse, and excessive the issue of speculation on the oil fu- trolled about 30 to 40 percent of the oil speculation, which is exactly what we tures market. What we know right now futures market. Today Wall Street are experiencing right now. is, according to the CFTC, approxi- speculators control at least 80 percent That is why I will be offering two im- mately 80 percent of the oil futures of the market. In a 10-year period, we portant amendments that deal with market is controlled not by end users— have seen Wall Street speculation dou- these issues. Both of these amendments not by fuel dealers, not by airline com- ble on the energy futures market. are within the jurisdiction of the Agri- panies, not by people who actually use What does this mean in terms of oil culture, Nutrition, and Forestry Com- fuel—but by Wall Street speculators. prices? Everything in the world. The mittee, which is obviously why I am of- So that is the issue my second amend- function of Wall Street speculation has fering them on this bill. ment deals with. nothing to do with using oil, every- The first amendment, No. 963, re- This amendment addresses an issue thing to do with making a profit, driv- quires the Commodity Futures Trading that was not satisfactorily addressed in ing prices higher. This is not just BER- Commission, CFTC, and the Oil and Dodd-Frank, where we attempted to NIE SANDERS talking. There is now a Gas Price Fraud Working Group to deal with the issue of excessive specu- growing consensus that excessive spec- conduct a 6-month investigation to de- lation on the oil futures market. ulation on the oil futures market is termine whether any company or indi- Amendment No. 964 requires the CFTC driving up oil prices. ExxonMobil, vidual in the United States has manip- to use all of its authority, including its Goldman Sachs, the IMF, the St. Louis ulated the price of gasoline, crude oil, emergency powers, within 30 days to Federal Reserve, the American Truck- heating oil, diesel fuel, or jet fuel. address this very important issue. ing Association, Delta Airlines, the Pe- Once again the American people are Such an investigation is already taking troleum Marketers Association of at their wits end in trying to under- place by regulators in Europe. America, the New England Fuel Insti- On May 14, 2013, just 1 week ago, the stand why oil prices go up despite the tute and many other groups—the Con- European Commission announced it fact we have sufficient supply and lack sumer Federation of America—have all was investigating allegations that sev- of demand. I am not just speaking for agreed that excessive oil speculation eral companies—including BP, Shell myself but many economists also when significantly increases oil and gas and Statoil—‘‘may have colluded in re- I say I believe one of the major reasons prices. porting distorted prices to a Price Re- for this significantly high price has to porting Agency to manipulate the pub- do with speculation—speculation on Interestingly enough, Goldman lished prices for a number of oil and Wall Street. Sachs—not one of my favorite institu- biofuel products.’’ This amendment requires the CFTC tions but perhaps the largest specu- I know RON WYDEN, chairman of the to use all its authority—again, includ- lator on Wall Street—came out with a Energy and Natural Resources Com- ing its emergency powers, which is not report indicating that excessive oil mittee, is also looking at this issue— what we have done in the past—within speculation is costing Americans 56 perhaps in a slightly different way— 30 days to do the following: to imple- cents a gallon at the pump. Goldman and I applaud him for doing that. But ment position limits to eliminate, pre- Sachs, speculator, they themselves es- this amendment basically says right vent, or diminish excessive oil specula- timating that excessive speculation is now the European Commission believes tion as required by the Dodd-Frank costing 56 cents a gallon at the pump there may be fraud among the major Act, and to immediately curb excessive for the average consumer, and that oil companies. If that is true in Europe, oil speculation to ensure that oil and may be a conservative estimate. it may well be true in the United gas prices are based on the fundamen- A few years ago the CEO of States. So I want the CFTC to inves- tals of supply and demand. ExxonMobil, again not one of my favor- tigate that as well. As I mentioned earlier, price is sup- ite companies, testified at a Senate Amendment No. 963 requires the posed to be determined by the amount hearing that excessive speculation con- CFTC to work with European regu- of supply and the amount of demand. tributed as much as 40 percent to the lators to determine if any company or Supply now is very high, demand is rel- cost of a barrel of oil. individual in the United States pro- atively low, and so we should be seeing Saudi Arabia, the largest exporter of vided inaccurate information to a price a decline in oil prices rather than an oil in the world, told the Bush adminis- reporting agency for the purpose of ma- increase. Further, the International tration back in 2008 during the last nipulating the published prices of gaso- Energy Agency recently projected the major spike in oil prices that specula- line or oil; secondly, to refer any ille- global supply of oil will surge by 8.4 tion has contributed as much as 40 per- gal activities to the proper authorities million barrels a day over the next 5 cent to a barrel of oil. for prosecution; third, to report its years, significantly faster than de- Gary Gensler, the chairman of the findings within 6 months; and lastly, to mand, and nearly two-thirds of the in- CFTC, has stated publicly that oil publish recommendations on its Web crease in oil supply will be in North speculators now control between 80 to

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I look forward to Americans, continue to enjoy the high- but people whose only function in life talking to the Senator from Michigan, est quality, lowest cost food supply, being in the oil futures market is to but I do want her to know this is an not just in the world but in the history make as much quick profit as they pos- enormously important amendment for of the world. sibly can. the people of Vermont and the people Among the provisions of the com- Let me give just a list of a few of the of America. We want action. I think we modity title is the no-cost Sugar Pro- oil speculators and how much oil they have brought forth an amendment gram. I wish to take just a few minutes were trading on June 30, 2008, when the which, in fact, can end up substantially to talk about the Sugar Program and price of oil was over $140 a barrel and lowering the price of oil and gas at the its importance in the context of this gas prices were over $4 a gallon. Gold- pump and I will pursue this vigorously. farm bill. The Sugar Program warrants man Sachs bought and sold over 863 Ms. STABENOW. I object. discussion because some Members—I million barrels of oil, Morgan Stanley The PRESIDING OFFICER. Objec- believe certainly with the best of in- bought and sold over 632 million bar- tion is heard. tentions—want to actually weaken this The Senator from North Dakota. rels of oil, Bank of America bought and vitally important program. But weak- Mr. HOEVEN. Madam President, I ening our current sugar policy would sold over 112 million barrels of oil, Leh- rise to speak on the farm bill. man Brothers, Merrill Lynch, et The PRESIDING OFFICER. The Sen- accomplish nothing. In fact, it would cetera. ator is recognized. subject our producers, consumers, and What we have to understand is that Mr. HOEVEN. I rise to speak on be- industries to a distorted world market. to a very significant degree, pricing of half of the Agriculture Reform, Food, Further, it would threaten more than oil has nothing to do with supply and and Jobs Act of 2013, a 5-year farm bill. 140,000 jobs in 22 States that depend on demand, nothing to do with end users This bill saves more than $24 billion to a vibrant, competitive sugar industry. who actually buy the product, and ev- help reduce our deficit and our debt, it The world’s sugar market is not a erything to do with Wall Street specu- streamlines farm programs to make free market. Make no mistake, it is not lation. Sadly, the spike in oil and gaso- them more efficient, and it ensures a free market in any conventional line prices was totally avoidable. The that our farmers and ranchers continue sense of the term. I can tell you now, Dodd-Frank Wall Street Reform and to have good risk management tools, foreign governments heavily protect Consumer Protection Act required the particularly crop insurance. and subsidize their sugar producers. Commodity Futures Trading Commis- It is vitally important to so many For example, Brazil spends between $2 sion to impose strict limits on the facets of our national interests. It is and $3 billion per year to subsidize its amount of oil that Wall Street specu- important to food, of course, but also producers. Mexico literally owns one- lators could trade in the energy futures to fuel, to fiber, to rural development, fifth of its industry and subsidizes the market by January 17, 2011, 21⁄2 years agriculture research, and many other rest. ago. areas. It touches the life of every single Our sugar farmers, along with the Unfortunately, the CFTC has been American in some of the most basic rest of America’s farmers and ranchers, unable to implement position limits ways. have told foreign competitors, time due to opposition on Wall Street and a This year the farm bill is moving and again, we are ready to compete in ruling of the DC district court which is through the Senate because we have al- a truly freely market, but we will not now under appeal. ready debated and passed more than 90 and must not unilaterally disarm, nor This amendment directs the CFTC to percent of this bill in the last session. will dismantling the Sugar Program re- utilize all its authority, including its A lot of this bill we worked on very sult in lower costs to consumers and emergency powers, to curb excessive hard in the last session and passed it American businesses. Once you factor oil speculation within 30 days. We are through this body with a big bipartisan in transportation costs, the world price not going to drag this on for another 5 vote. of sugar is higher than the price in the years. The emergency directive in this Unfortunately, the House was not United States. amendment is virtually identical to bi- able to pass their version so we were Sugar prices are not only higher in partisan legislation that overwhelm- not able to go to conference and finish Brazil and Mexico, they are higher ingly passed the House of Representa- the job. This year we need to do that. worldwide. If we do away with sugar tives by a vote of 402 to 19, during a This farm bill, again, 90 percent-plus policy altogether and subject producers similar crisis in 2008. we voted on in this body last session. strictly to a distorted global market, Let me conclude by saying that mil- We had a big bipartisan vote to pass it. what we will see is not lower prices but lions of consumers are hurting as a re- We need to do that again. We need to rather extreme volatility in the global sult of excessive speculation. People get into conference with the House, sugar market. are paying much more at the pump and we need to get this done for farm- Not only are sugar prices lower in than they should for gasoline. This ers and ranchers and for the benefit of the United States and elsewhere, but issue impacts our entire economy. It is all Americans. the cost of sugar in most products is time that we did something to that. I Last week we passed a bill out of the tiny. For example, in a Hershey’s choc- say to my colleagues: I call up amend- Senate Agriculture Committee, on olate bar it is less than 2 percent of the ments numbers 963 and 964, and ask for which I serve, where I had the oppor- cost. Further, it should be noted that their immediate consideration. tunity to help craft it—again, building sugar prices have fallen by more than The PRESIDING OFFICER. Is there on the product that we put together 50 percent in the last 2 years, but candy objection? last year when we voted it out of com- prices at the store are not seeing the Ms. STABENOW. Reserving the right mittee with a big bipartisan vote. The same level of reduction at all. to object, Madam President. House also passed its version of a farm The truth is, if consumers are paying The PRESIDING OFFICER. The Sen- bill out of their Agriculture Committee higher costs, it is because of labor and ator from Michigan. last week. They are looking to bring health care costs in the United States, Ms. STABENOW. Madam President, their bill to the House floor in June. not because of the cost of sugar. first, I thank the Senator from We are hopeful they will pass it in For 10 years now, sugar policy has Vermont for raising all these issues June, but we need to be ready. We need operated at zero cost to the American that are so important for the American to have ours done. I think we can show taxpayer because our farmers are effi- people. At this point in time, we do real leadership on this issue and be cient and competitive and because have an amendment that is pending, ready to get into conference with the American sugar policy has always the amendment of Senator GILLIBRAND. House and get this important work made sure they were playing on a level We do not have unanimous consent in done. playing field. As a result, consumers in

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.017 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3640 CONGRESSIONAL RECORD — SENATE May 21, 2013 this country enjoy more affordable every single American. We have the weather, good prices, that the crop will sugar than elsewhere in the world and highest quality, lowest cost food sup- grow, and they spend millions of dol- American consumers enjoy a safe and ply in the world thanks to our farmers, lars on that bet. They are the biggest reliable homegrown source. The bot- ranchers, and good farm policy. gamblers in the history of the world, tom line is that sugar policy is cost-ef- This is about 16 million jobs in this and they are asking for a farm bill that fective and fair and it should be re- country which are supported by agri- gives them a little bit of risk help and tained in the commodity title of the culture. This is about a positive bal- makes sure when they plant, they farm bill. ance of trade which helps build our know that maybe they have a chance But I would like to turn, again, to economy. This is about $24 billion in to get cost of production back out. the broader legislation. Good farm pol- savings where agriculture is stepping Why is that important? It is impor- icy benefits every single American. As up and not only doing its share but tant because who is going to take that I said, we have the lowest cost, highest more than its share to help with the risk on behalf of the American people, quality food supply in the world thanks deficit and debt. In the most funda- on behalf of a global and worldwide to our farmers and ranchers and thanks mental ways, a good farm bill makes supply of food? Who is going to take to good farm policy. How do we put a America stronger, safer, and more se- that risk if we don’t help a little bit? value on our safe, abundant, nutri- cure. We need to pass this farm bill. Today in America almost every State tious, dependable food supply? It is in- I yield the floor. which has an agricultural base is doing valuable. By any standard it is invalu- The PRESIDING OFFICER. The Sen- a little bit better because agriculture able. Just consider the benefits that ator from Mississippi. has led the way. Agriculture has aided Mr. COCHRAN. Madam President, I this farm bill provides. this economy. States with an agri- The farm bill is a job creator and it am pleased to congratulate my friend culture base have a much lower rate of helps our economy. Agriculture sup- from North Dakota for his statement unemployment, and they have been and his discussion of the content of ports 16 million jobs in the United leading the way on our trade deficit. this farm bill. He was one of the active States and contributes billions of dol- It cannot be overstated how signifi- members of our committee who par- lars to the national economy. Year in cant this farm bill is not only to States ticipated in the markup sessions, at- and year out we sell more food and such as North Dakota but to every tended the hearings in preparation for fiber than we buy from abroad. Fur- State and every economy in this writing a farm bill, and helped to shape ther, American agriculture produces a Union. There are 16 million jobs which the consensus that is reflected in the financial surplus. Through relentless hang in the balance. They are waiting final work product. Senator HOEVEN is innovation, best practices, and good for this body—the Congress—to give a very valuable member of our com- stewardship of the land, American agri- some assurance, to pass a farm bill. mittee, and I commend and thank my I applaud both the ranking member culture creates a positive balance of colleague from North Dakota for his and the committee chair for their ex- trade. contributions to this process. cellent work. No bill which comes out The farm bill saves money to help re- He very accurately describes that duce the deficit and the debt. Think this is a consensus product. It is not a of a committee with diverse opinions is how important that is. partisan bill; it is not meant to make absolutely perfect where everyone will The 2013 farm bill, like the farm bill anybody or any section or any com- agree on everything in the bill, but it we passed last year, provides more modity group look good or feel good is part of the great American com- than $24 billion in savings—more than because of favors done in this bill. This promise we have been talking about is required by sequestration—to help is truly to serve the interests of our and striving for in this body. We are address the Nation’s deficit and debt. good and great country and help im- working to move the issues forward Farmers and ranchers are stepping up prove our trading opportunities in agri- and do what Americans sent us here to and doing their part. cultural commodities that are pro- do. We are here to deliberate, discuss, The farm bill also provides a strong duced on our farms throughout the debate, and compromise, and that is market-based safety net for the pro- United States. what this bill is about. ducers. The safety net in the 2013 farm I think it is going to serve the inter- Every piece of this bill is important. bill focuses on enhanced crop insur- ests of not only agriculture but the Every piece is a linchpin to make sure ance; that is what they have asked for American citizen and, broadly speak- we pass a farm bill. We are going to and that is the focus—not direct paying, much of this success is due to the hear a lot in the next couple of days ments. Direct payments are limited. It contributions made by the Senator about the Sugar Program. I will talk enhances crop insurance with the in- from North Dakota. broadly about the other provisions of clusion of a new product called the sup- The PRESIDING OFFICER. The Sen- the bill tomorrow on this floor, but I plemental coverage option, SCO. The ator from North Dakota. want to spend today talking a little bit SCO enables purchasers to purchase a Mr. HOEVEN. Madam President, I about the Sugar Program within the supplemental policy beyond their indi- thank the distinguished Senator from farm bill because it is absolutely sig- vidual farm-based policy, thereby cre- Mississippi for his kind comments and nificant and important. ating an additional level of risk man- also for his leadership on the Agri- I know Senator HOEVEN outlined agement. culture Committee as our ranking some of the statistics we talk about The bill also includes the Agriculture member. I wanted to express my appre- when we talk about sugar. The U.S. Risk Coverage or ARC Program that ciation. sugar policy defends more than 142,000 provides assistance for shallow loss or With that, I yield the floor. jobs—not just in North Dakota, Min- multiple-year losses, which again helps The PRESIDING OFFICER (Mr. nesota, Florida, and Hawaii, but in 22 our farmers to better manage risk. MANCHIN). The Senator from North Da- States. It defends those jobs from un- They are business people and they need kota. fair foreign competition, and it results to manage their risks. Ms. HEITKAMP. Mr. President, it in nearly $20 billion in annual eco- Let’s not forget the farm bill should come as no surprise that two nomic activity in the United States. strengthens our national security. Our Senators from the great State of North Of course, many of these jobs are in country doesn’t have to depend on Dakota stand today and talk about the North Dakota. We grow a lot of sugar other countries for our food supply— importance of American agriculture. beets in the Red River Valley, we proc- countries that don’t necessarily share Ninety percent of the land we have in ess a lot of sugar beets in the Red our interests or values—and that North Dakota is engaged in production River Valley, and those processing jobs makes us safer. The fact is we are se- agriculture. As much as we have are the value-added jobs that led the cure in that most basic, vital neces- heard—and it is all true—about this way to a value-added economy in our sity—our food supply. great economic renaissance we are hav- State. We are pretty protective of our The farm bill is about so many things ing in our State, agriculture is still No. sugar economy. that are important to the people of 1. In many rural communities sugar is America. This is about all Americans. Every year American farmers—North the linchpin of the local economy. Again, I say good farm policy benefits Dakota farmers—bet. They bet on good Make no mistake that if we bend to the

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.018 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3641 reforms we will hear talked about or vived. Since 1985, more than half of the Mr. ROBERTS. Mr. President, I ask bend to the ideas some have today sugar beet and sugar cane operations unanimous consent that the order for about the Sugar Program, we will lose shut down. It is hard to survive in 2013 the quorum call be rescinded. our domestic sugar industry. Why? Be- when the price they get for their prod- The PRESIDING OFFICER. Without cause we cannot compete. Make no uct is the same price they would have objection, it is so ordered. mistake about that. received in 1980. AMENDMENT NO. 948 I am not saying our producers cannot The amendment we are going to be Mr. ROBERTS. Mr. President, I ask produce or compete with producers debating here will drive the U.S. sugar unanimous consent to set aside the from other parts of the world if the price down even further, which will pending amendment to call up amend- playing field is level. In fact, not only allow more subsidized sugar to flow ment No. 948. can we compete, we can best them. into our market and put our sugar The PRESIDING OFFICER. Without However, the sugar playing field is not farmers out of business. objection, it is so ordered. level. Other countries have subsidized If we look at all of the commodities The clerk will report. their sugar programs for years. More that are in the farm bill—look at every The assistant legislative clerk read than 120 countries actually produce piece of that compromised bill—and as follows: sugar. Every one of them intervenes to start singling out one commodity for The Senator from Kansas [Mr. ROBERTS], defend their producers from global cri- special treatment—let’s forget for a for himself, Mr. THUNE, and Mr. JOHANNS, sis where surplus sugar is dumped. No minute we are talking about sugar. proposes an amendment numbered 948. one could survive at historic world- Let’s talk about dairy. Would a sugar Mr. ROBERTS. Mr. President, I ask level prices without these government bill survive if we were to eliminate the unanimous consent that reading of the interventions. If our farmers could go dairy program? Would a farm bill sur- amendment be dispensed with. head to head with their foreign coun- vive if we were to eliminate the dairy The PRESIDING OFFICER. Without terparts, they would robustly compete program? objection, it is so ordered. and, I believe, capture much of the Our concern today is that this indus- The amendment is as follows: market. Unfortunately, with Federal try is critical to our food security but (Purpose: To improve and extend certain subsidization and protections in place, also, importantly, it is critical to the nutrition programs) a fair fight is not available to our compromise of the farm bill itself. This On page 355, between lines 7 and 8, insert American sugar beet and sugar cane is a farm bill that supports over 16 mil- the following: growers. Opponents of the Sugar Pro- lion jobs in an economy that struggles SEC. 40ll. RESTORING PROGRAM INTEGRITY TO gram would have us do one thing: Uni- except on the farm. These programs CATEGORICAL ELIGIBILITY FOR THE laterally disarm and surrender our have worked. SUPPLEMENTAL NUTRITION ASSIST- market to foreign producers. As someone who is from North Da- ANCE PROGRAM. For over two decades, from 1989 to (a) IN GENERAL.—The second sentence of kota, I have lived through bad farm section 5(a) of the Food and Nutrition Act of 2008—and I want everyone to remember bills. My producers have lived through the date of 2008—the average world cost 2008 (7 U.S.C. 2014(a)) is amended by striking bad farm bills. The last 5 to 6 years ‘‘receives benefits under a State program’’ of sugar production averaged about 51 have been an enormous improvement, and inserting ‘‘receives assistance (as de- percent more than the world price. not only to market-driven techniques fined in section 260.31 of title 45, Code of Fed- Let me say that again: The world av- but it has been an enormous improve- eral Regulations, as in effect on January 1, erage cost of sugar production averment in allowing our producers to 2013) under a State program’’. aged 51 percent more than the sugar (b) RESOURCES.—Section 5(j) of the Food make the market decisions they are price. How does that happen? How does and Nutrition Act of 2008 (7 U.S.C. 2014(j)) is going to make, but also get the help anyone produce a product that costs amended by striking ‘‘receives benefits that is going to give them surety. more than they sell it for? They are under a State program’’ and inserting ‘‘re- When a small North Dakota pro- subsidized, which means sugar pro- ceives assistance (as defined in section 260.31 ducer—and I am not exaggerating— of title 45, Code of Federal Regulations, as in ducers have received support from gov- spends $1 million putting a crop in the effect on January 1, 2013) under a State pro- ernments that allow them to stay in ground, they do that for their family, gram’’. business even when their production they do that for their State, but they Beginning on page 355, strike line 8 and all costs exceed the price. also do it for the country and for the that follows through page 357, line 15, and in- In order for those sugar industries to sert the following: world because they know the American survive, governments in foreign coun- SEC. 4002. ELIMINATING THE LOW-INCOME HOME tries provide some buffer to the world farmer feeds the world and it is a pret- ENERGY ASSISTANCE LOOPHOLE. market with a wide variety of import ty important job. (a) IN GENERAL.—Section 5 of the Food and tariffs, nontariff import barriers, price So I say, let the compromise stay. Nutrition Act of 2008 (7 U.S.C. 2014) is amend- and income supports, and direct and in- Let the bill stay intact. Let’s move ed— this bill forward, let’s get it into con- (1) in subsection (d)(11)(A), by striking direct subsidies. ‘‘(other than’’ and all that follows through We have heard that sugar prices are ference with the House, and for once let’s tell the American people we can ‘‘et seq.))’’ and inserting ‘‘(other than pay- too high, and if we eliminate the Sugar ments or allowances made under part A of Program—the risk program for our get something done in Congress. Let’s title IV of the Social Security Act (42 U.S.C. sugar growers—that sugar prices would tell them we can respond to the needs 601 et seq.) or any payments under any other drop. Food corporation opponents say of this country and move our country State program funded with qualified State the U.S. sugar price is too high. They forward. expenditures (as defined in section further argue that high sugar prices I yield the floor. 409(a)(7)(B)(i) of that Act (42 U.S.C. threaten their competitiveness given The PRESIDING OFFICER. The Sen- 609(a)(7)(B)(1))))’’; foreign competition for processed ator from Mississippi. (2) in subsection (e)(6)(C), by striking clause (iv); and foods. Mr. COCHRAN. Mr. President, we appreciate the comments of the distin- (3) in subsection (k)— The truth is that sugar prices have (A) in paragraph (2)— held relatively stable over the course guished Senator from North Dakota. (i) by striking subparagraph (C); of the last three decades. This cannot Also, it is a pleasure to welcome her as (ii) by redesignating subparagraphs (D) be said about most other agricultural a new member of our committee. She through (G) as subparagraphs (C) through commodities. Imagine if we were de- took an active part in the development (F), respectively; and bating today about $2-a-bushel corn. of this bill, and we appreciate her con- (iii) by striking paragraph (4). U.S. raw sugar prices have dropped tributions. (b) CONFORMING AMENDMENTS.—Section by more than half since the fall of 2011. I see no other Senators seeking rec- 2605(f) of the Low-Income Home Energy As- Prices are now below the average price ognition at this time, and I suggest the sistance Act of 1981 (42 U.S.C. 8624(f)) is amended— of the 1980s, below the average of the absence of a quorum. (1) in paragraph (1), by striking ‘‘(1)’’; and 1990s, and below the average of the dec- The PRESIDING OFFICER. The (2) by striking paragraph (2). ade of 2000. clerk will call the roll. Beginning on page 379, strike line 15 and Our sugar farmers have struggled for The assistant bill clerk proceeded to all that follows through page 380, line 15, and decades and many have not have sur- call the roll. insert the following:

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.020 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3642 CONGRESSIONAL RECORD — SENATE May 21, 2013 SEC. 4011. ELIMINATING STATE BONUSES. year budget window. I know people gible for SNAP food benefits without (a) IN GENERAL.—Section 16 of the Food have different views, but I would say evaluating household assets or gross and Nutrition Act of 2008 (7 U.S.C. 2025) is that it is certainly minimal. I think we income. 42 States are exploiting an un- amended by striking subsection (d). (b) CONFORMING AMENDMENTS.—Section 16 could have done more in committee intended loophole of the TANF-proof the Food and Nutrition Act of 2008 (7 last week. I introduced an amendment vided informational brochures and in- U.S.C. 2025) is amended— at that time. I withdrew it to make formational 1–800 numbers to maximize (1) in subsection (c)— sure we could get this to the floor. We SNAP enrollment and the cor- (A) in the first sentence of paragraph (4), must do much more in a responsible responding increase in Federal food by striking ‘‘payment error rate’’ and all manner. Look at the House Agriculture benefits and the cost. These States, that follows through ‘‘subsection (d)’’ and in- Committee, which marked up a farm with all due respect, are also gaming serting ‘‘liability amount or new investment bill with over $20 billion in savings the system to bring otherwise ineli- amount under paragraph (1) or payment error rate’’; and from SNAP. That bill was marked up gible SNAP participants into the pro- (B) in the first sentence of paragraph (5), and passed with bipartisan support as gram. by striking ‘‘payment error rate’’ and all of last week. In an ongoing effort to streamline that follows through ‘‘subsection (d)’’ and in- We can restore integrity to the pro- government programs, we should elimi- serting ‘‘liability amount or new investment gram while providing benefits to those nate the duplicative SNAP Employ- amount under paragraph (1) or payment truly in need and save approximately ment and Training Program and the error rate’’; and an additional $30 billion. Note that I SNAP Nutrition Education Grants Pro- (2) in subsection (i)(1), by striking ‘‘sub- say ‘‘while providing benefits to those gram. Combined, these two programs section (d)(1)’’ and inserting ‘‘subsection (c)(2)’’. truly in need.’’ I am not proposing a cost over $8 billion and do not rep- dramatic change in the policy of nutri- SEC. 4012. ELIMINATING DUPLICATIVE EMPLOY- resent any direct food benefits—any di- MENT AND TRAINING. tion programs, such as block-granting rect food benefits. (a) FUNDING OF EMPLOYMENT AND TRAINING programs to States. That would rep- This amendment also ends the De- PROGRAMS.—Section 16 of the Food and Nu- resent a dramatic change. Instead, this partment of Agriculture practice of trition Act of 2008 (7 U.S.C. 2025) is amended amendment enforces the principles of giving $48 million in awards every year by striking subsection (h). good government and restores SNAP to State agencies for basically doing (b) ADMINISTRATIVE COST-SHARING.— and spending to much more responsible their job. Currently, bonuses are given (1) IN GENERAL.—Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is levels. to States for best program access— amended in the first sentence, in the matter Also, SNAP was exempted from the signing up as many people for SNAP as preceding paragraph (1), by inserting ‘‘(other across-the-board cuts known as seques- possible; most improved program ac- than a program carried out under section tration. However, it is clear there are cess—how many more people signed up 6(d)(4))’’ after ‘‘supplemental nutrition as- several areas within the program that for SNAP compared to the previous sistance program’’. could provide significant savings that year; and best application processing (2) CONFORMING AMENDMENTS.— were left untouched. timelines—handling applications with- (A) Section 17(b)(1)(B)(iv)(III)(hh) of the First, the amendment eliminates the in required guidelines. The bonuses are Food and Nutrition Act of 2008 (7 U.S.C. LIHEAP loophole. Let me be clear. 2026(b)(1)(B)(iv)(III)(hh)) is amended by strik- not even required to be used for SNAP ing ‘‘(g), (h)(2), or (h)(3)’’ and inserting ‘‘or Eliminating the LIHEAP loophole does administration. A recipient State may (g)’’. not affect SNAP eligibility for anyone choose to use the funding for any State (B) Section 22(d)(1)(B)(ii) of the Food and using SNAP; it only decreases SNAP priority. Nutrition Act of 2008 (7 U.S.C. benefits for those who would not other- Finally, the amendment terminates 2031(d)(1)(B)(ii)) is amended is amended by wise qualify for the higher SNAP ben- the ongoing stimulus, enacted by the striking ‘‘, (g), (h)(2), and (h)(3)’’ and insert- efit amounts. American Recovery and Reinvestment ing ‘‘and (g)’’. But at least 17 States, with all due Act of 2009, which provided extra fund- (c) WORKFARE.— respect, are gaming the system by de- ing to increase monthly SNAP food (1) IN GENERAL.—Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amend- signing their Low-Income Home En- benefits. I really understand the impor- ed by striking subsection (g). ergy Assistance Program—LIHEAP—to tance of domestic food assistance pro- (2) CONFORMING AMENDMENT.—Section exploit SNAP. Let me explain. The grams for many hard-working Ameri- 17(b)(1)(B)(iv)(III)(jj) of the Food and Nutri- LIHEAP loophole works like this: Par- cans, including many Kansans. As tion Act of 2008 (7 U.S.C. ticipating State agencies annually chairman of the House Agriculture 2026(b)(1)(B)(iv)(III)(jj)) is amended by strik- issue extremely low LIHEAP benefits Committee some years ago, we worked ing ‘‘or (g)(1)’’. to qualify otherwise ineligible house- very hard to save the Food Stamp Pro- On page 385, strike lines 19 through 22 and holds for standard utility allowances, insert the following: gram and prevent any kinds of efforts which result in increased monthly SEC. 4016. ELIMINATING THE NUTRITION EDU- to simply do away with it or send it CATION GRANT PROGRAM. SNAP benefits. For example, today a back to States because of the very Section 28 of the Food and Nutrition Act of State agency can issue $1—only $1—an- things I have talked about. 2008 (7 U.S.C. 2036a) is repealed. nually in LIHEAP benefits to increase My goal is simple: to restore integ- On page 390, between lines 17 and 18, insert monthly SNAP benefits an average of rity to the Supplemental Nutrition As- the following: $90—that is $1,080 per year—for house- sistance Program in a commonsense SEC. 4019. TERMINATING AN INCREASE IN BENE- holds that do not otherwise pay out-of- and comprehensive manner. Enacting FITS. pocket utility bills. this package of reforms will allow the Section 101(a) of division A of the Amer- If you completely eliminate the ican Recovery and Reinvestment Act of 2009 Federal Government to continue to (Public Law 111–5; 123 Stat. 120; 124 Stat. LIHEAP loophole, as my legislation help those who truly need SNAP food 2394; 124 Stat. 3265) is amended by striking does, it will save taxpayers a total of benefits and assistance. I encourage my paragraph (2) and inserting the following: $12 billion—$8 billion additional com- colleagues to support this amendment ‘‘(2) TERMINATION.—The authority provided pared to the current version of the and these reforms for the benefit of all by this subsection shall terminate after Sep- farm bill. Americans. tember 1, 2013.’’. We also tie categorical eligibility to Mr. President, I yield the floor. Mr. ROBERTS. Mr. President, this is cash assistance, eliminating a loophole The PRESIDING OFFICER. The Sen- Roberts amendment No. 948. This that States are exploiting by offering ator from Montana. amendment would help rein in the larg- TANF-provided informational bro- Mr. BAUCUS. Mr. President, I in- est expenditure within the Department chures and informational 1–800 num- quire of the chairwoman if I might be of Agriculture budget—the Supple- bers to maximize SNAP enrollment and able to speak for about 5 or 10 minutes. mental Nutrition Assistance Program, the corresponding increase in Federal The PRESIDING OFFICER. The Sen- SNAP, more commonly known as food food benefits. ator from Michigan. stamps. Categorical eligibility, simply known Ms. STABENOW. Thank you, Mr. The Senate Agriculture Committee as Cat-El, was designed to help stream- President. included minimal savings under food line the administration of SNAP by al- Certainly we want to hear from the stamps—around $4 billion over the 10- lowing households to be certified as eli- distinguished Senator from Montana. I

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.004 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3643 know the Senator from South Dakota deficit this year will be smaller than it According to the nonpartisan Con- has been waiting for some time as well, was originally projected, part of those gressional Budget Office, ‘‘Such high and we had asked him to wait until savings are due to unexpected repay- and rising debt later in the coming dec- Senator ROBERTS had offered his ments from Fannie Mae and Freddie ade would have serious negative con- amendment. I am not sure of the time Mac and the revenue increases from sequences.’’ The report goes on to say: the Senator from South Dakota is re- January’s fiscal cliff agreement. ‘‘Moreover, because Federal borrowing questing right now, but certainly we The fact of the matter is a deficit 4 reduces national saving, over time the want to hear from both of the Sen- percent the size of the economy is capital stock would be smaller and ators. nearly double the historic average. total wages would be lower . . . ’’ The PRESIDING OFFICER. The Sen- Over the next 10 years covered in the The CBO also warns that such high ator from South Dakota. CBO’s baseline projections, the na- levels of debt increase the risk of a fis- Mr. THUNE. Mr. President, does the tional debt will grow by nearly $9 tril- cal crisis. The threat the rising na- Senator from Michigan want to lock in lion to over $25 trillion. tional debt poses to our economy is a time agreement on the votes? To put that number in perspective, real. It will impact the American peo- Ms. STABENOW. It appears at this the country is projected to rack up ple, and it will impact our economy in moment we are going to have to have a over $2 billion in debt every single day very real ways. It will slow economic little bit more time before we do that, over the next decade, at which point growth, meaning fewer jobs. It will but I thank the Senator. our national debt will exceed $25 tril- drive up interest rates, making it more Mr. THUNE. Mr. President, I ask lion. This assumes the sequester re- expensive to borrow money to pay for a unanimous consent to speak as in mains in place. Publicly held debt will college education or to buy a home. morning business. remain above 70 percent of GDP, which It is inevitable that the national debt The PRESIDING OFFICER. Without is much higher than the historic aver- is going to have to be addressed at objection, it is so ordered. age of 39 percent. CBO projects that some point. The question is whether we TRAGEDY IN OKLAHOMA publicly held debt will continue on an address it directly or continue kicking Mr. THUNE. Mr. President, I first upward path beyond the next decade. the can down the road, which will only want to start with just a word about This growth is driven by spending, make our problems much more dif- the tragedy in Oklahoma. Our thoughts not revenue. The CBO report confirms ficult to solve. and prayers are with the families im- that revenues are projected to grow by The Congressional Budget Office also pacted by yesterday’s devastating 45.9 percent in the 8 years after the projected in their update last week storms, as well as the first responders year 2015, while overall spending will that interest spending—the amount we and volunteers who rushed to the grow at 55 percent during that time pe- spend to finance our debt—is going to scene. I hope all Americans will con- riod, despite the fact that inflation will increase dramatically over the next tinue to keep them in their thoughts be 19.5 percent and economic growth several years. In fact, interest costs on and prayers and be looking for ways in 24.9 percent during that time period. prior deficit spending are going to grow which they can pitch in and help in Those are CBO estimates about eco- from $223 billion today to $823 billion in this very tragic situation. nomic growth, inflation, spending, and 2023, an increase of 369 percent. Net in- LONG-TERM BUDGET CHALLENGES debt over the course of the next decade. terest costs will surpass the base de- Mr. President, I come to the floor In other words, revenues are going up fense budget in 2019, 6 years from now. today to talk about the long-term but spending is projected to grow at Think about that. We are going to budget challenges facing the country nearly three times the rate of infla- spend more in interest on the debt 6 and the impact those challenges are tion, meaning we have a spending prob- years from now than we spend on na- going to have on jobs, economic lem, not a revenue problem. In fact, tional security, on our national de- growth, and future generations if we do revenues will reach 19.1 percent of GDP fense. That is how fast the interest is not control spending. by the year 2023, which is well above going to eat up every other area of the Last week the Congressional Budget the historic average of 17.9 percent budget. Office released its updated budget pro- since the end of World War II. Spend- I would hope we will be able to take jections, and in conjunction with that ing, on the other hand, will continue to this CBO report and not greet it with they released an analysis of the Presi- grow even with the sequester, driven great fanfare and be slapping high fives dent’s 2014 budget. largely by increases in mandatory because for 1 year the deficit was re- Once again, the CBO report under- spending. Mandatory spending on produced by a couple of hundred billion scores the long-term budget challenges grams such as Medicare is projected to over what it was supposed to be, but, facing this country. If you listen to grow by 79 percent from today’s level rather, recognize that with $642 billion many of the politicians here in Wash- over the next 10 years. Federal health this year and a Federal debt that is ington, DC, and commentators on the care programs, including ObamaCare, going to be at $25 trillion at the end of Democratic side reacting to the Con- are driving the surge in mandatory this decade and interest payments that gressional Budget Office report, you spending. Federal health care spending will exceed the amount we spend on na- would have heard claims that the def- is projected to double over the next tional security, we have a serious debt icit and debt crisis facing this country decade as the health insurance ex- crisis in this country that needs to be is solved and that no further deficit re- change subsidies kick in beginning addressed. duction is needed. In fact, President next year. Medicare and other pro- It is my wish that Members of Con- Obama took to the airwaves recently grams continue to grow without needed gress on both sides of the aisle and our in his radio address and boasted about reforms to save and strengthen them. Democratic colleagues will work with the deficits ‘‘shrinking at the fastest Spending on mandatory programs us and that the President will step for- rate in decades.’’ and interest on the debt will consume ward and acknowledge we have a debt These claims about last week’s Con- nearly three-quarters of all Federal crisis. It is not a debt crisis somewhere gressional Budget Office report strike spending over the next 10 years, leav- out there in the future, it is a debt crime as odd, particularly because the de- ing little room to pay for all discre- sis today that needs to be dealt with. tails of the report tell a different story. tionary programs including, I might The CBO update, rather than alle- According to the CBO, the deficit for add, national defense. viating that concern, puts the fine 2013 is projected to be $642 billion or 4 To slow the rapid rise in debt this point that we need to act, and we need percent of the Nation’s gross domestic country is experiencing, we have to to act now. product. control the largest driver of that debt, I yield the floor. While the deficit may be down from which is spending and, in particular, The PRESIDING OFFICER. The Sen- its record trillion dollar-plus levels, mandatory entitlement spending. The ator from Montana. the national debt, which is already at alternative is a crippling national debt Mr. BAUCUS. Mr. President, Thomas $16.7 trillion, continues to grow at an that is bad for the economy, bad for Jefferson once said: ‘‘Far and away the alarming rate—$642 billion this year jobs, bad for our national security, and best prize that life offers is the chance alone. While it is encouraging that the bad for our children and grandchildren. to work hard at work worth doing.’’

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.023 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3644 CONGRESSIONAL RECORD — SENATE May 21, 2013 I know many Montana farmers and We did not stop there. We did not extensions leaves millions of Ameri- ranchers who understand that exactly. stop with reforming the farm bill. We cans’ agricultural jobs stuck in limbo. They know what Jefferson meant. saved $6 billion from in the conserva- Farmers and ranchers need certainty They work the soils and tend their tion title without compromising the they can take to the bank. That is why herds month after month, often policy. We did this by consolidating 23 they need this 5-year farm bill. If we through natural disasters such as the existing programs, bringing a tight can get this bill passed, we are on the drought we had in 2012. It is hard work, network of efficient and streamlined road to moving away from these short- but they do it because it is work worth conservation programs. term extensions—which do no one any doing. The dirt under their nails and I made sure we protected the working good—and moving to longer term legis- the sweat on their brow puts food on lands programs, which contribute to lation which does everybody a lot more our tables every day. The farm bill sup- substantial conservation improvements good. I hope we can get this bill passed, ports that effort, the bill before us this but still allow for productive use of the it is so important. afternoon. It is work worth doing. land. I yield the floor. Make no mistake, the farm bill is a In the forestry title, we permanently The PRESIDING OFFICER. The Re- jobs bill. It supports 16 million Amer- authorized stewardship contracting. publican leader. ican jobs every year. In my State of This is so important to the western Mr. MCCONNELL. I am going to pro- Montana, one in every five jobs is tied one-third of our State. This will help ceed on my leader time. to agriculture. Those jobs are counting the timber industry sustainably har- The PRESIDING OFFICER. The Sen- on us to get this bill done. vest more trees. Anyone in western ator has that right. As we work to tackle the debt, it is Montana will tell you that means jobs. BURMESE SANCTIONS important to remember the farm bill We also included support to combat Mr. MCCONNELL. For the past two cuts spending by $23 billion. The farm the bark beetle epidemic that has decades, I have been coming to the bill is part of the solution, not part of killed over 6 million acres of Montana Senate floor to condemn acts of the the problem. Under the leadership of forests. Senator BENNET and I worked Burmese regime against its own people. Chairwoman STABENOW and Ranking together to make sure those dead trees For the past decade, for these same Member COCHRAN, we have crafted a can be harvested more quickly before reasons, I have sponsored legislation to true reform farm bill. We worked with the wood wastes or burns. With fire impose sanctions on the Burmese Gov- farmers and ranchers across the coun- season already well underway in Mon- ernment. try to create a farm policy that works tana, this investment is more impor- Beginning in 2003, import sanctions for producers and taxpayers both. It tant than ever. have been renewed annually through provides support that is needed when I was also extremely proud of our the Burmese Freedom and Democracy they actually experience a loss. work to help veterans find jobs in Act. This act was later enhanced in As Will Rogers notably said: ‘‘The farming. Forty-five percent of our serv- 2008 through the Tom Lantos Block farmer has to be an optimist or he icemembers come from rural areas. Burmese JADE Act, a measure I also wouldn’t still be a farmer.’’ Farming is capital intensive. Farm- This is a national statistic, so farming cosponsored. Today, however, I come to the floor ers work with paper-thin profit mar- is a natural fit for veterans looking to with a different message. After having gins. Even the best farmer is left at the return home to a rural way of life. In the nutrition title, I am proud to given the matter a great deal of mercy of weather and chance. The drought last year is an example say we kept the fundamentals of the thought and review, I do not believe of the risk farmers face. USDA predicts food stamp program intact so low-in- Congress should reauthorize these im- that 80 percent of agricultural land ex- come families have their safety net in port sanctions. perienced drought in 2012, making it place as the economy continues to im- Let me repeat that. I do not believe one of the most expensive droughts in prove. We even found a way to trump the Burma sanctions should be renewed a generation. In Montana that means up spending for TEFAP, which provides for another year. There are several rea- 48 of 56 counties with parched crops emergency food for needy families. sons why. and empty fields. The revenue program In Montana, agriculture is a way of First, the objective of the sanctions in this bill, combined with the crop in- life. It is our biggest industry. Our effort is to change the behavior of the surance products we have fine-tuned 29,300 farms produce billions of dollars Burmese Government. To a significant over the decades, will help farmers sur- worth of quality wheat, barley, peas, extent that has actually taken place. vive disasters such as this and prepare and lentils—to say nothing of our live- As a result of the new Burmese Govern- 1 to put food on America’s tables when stock. Our ranchers have 2.5 million ment’s actions in the past 2 ⁄2 years, weather or market conditions improve. head of cattle, which means there are Daw Aung San Suu Kyi, the Nobel Anyone who has been to Montana more cows in Montana than people. Peace Prize Laureate, has been freed knows we have the best-tasting beef in The farm bill is not just for pro- from house arrest, has been permitted the world too—or at least we think so. ducers. It also provides funding for to travel abroad, and has been elected For the last year our ranchers have rural businesses, from Miles City, to to office as a member of Parliament. weathered this drought with no sup- Glendive, to Libby. The farm bill offers A free and fair by-election was held port. With hay and water in short sup- opportunities for Montanans of all in Burma last year. Scores of political ply, they have been forced to thin their walks of life. prisoners have been released. A freer herds. Thinning herds means lost jobs The same is true all across America. form of government has begun to take in Montana, because 50 percent of our Our farm policy contributes to security root. I strongly believe the import economy is tied to agriculture, and in American agriculture, and that is sanctions we previously enacted were about 35 percent of our total agri- why we spend less on food than any instrumental in promoting these re- culture proceeds come from cattle and other country in the world. We spend forms. They helped deny the previous calf sales. less than any other developed country military junta the legitimacy it had Livestock disaster assistance keeps in the world. Americans spend less craved. our ranchers in business until the rain than 7 percent of their disposable in- These positive changes, many of starts falling again. That is why I cre- come to feed their families. That com- which I saw for myself during my visit ated these programs in 2008, and that is pares with almost 25 percent in 1930. to Burma in January 2012, should be ac- why I fought so hard to make them Our producers put food on tables knowledged, and we do acknowledge permanent in this bill—to finally pro- around the world. In 2012, agricultural them. As Suu Kyi herself said last fall vide our ranchers with certainty they exports reached $136 billion, with a sur- during her visit to the United States, can take to the bank. In the last farm plus of $32 billion—literally growing ‘‘the sanctions need to be removed.’’ bill they were not permanent and wealth from our fertile soils. Second, I believe renewing sanctions caused almost another disaster. I Like any small business owner, farm- would be a slap in the face to Burmese thank the chairman and ranking mem- ers and ranchers all across Montana reformers and would embolden those ber for working with me to extend that tell me the No. 1 thing they want is within Burma who want to slow or re- livestock disaster with limited funds. certainty. Operating under short-term verse the reform movement. We should

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.025 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3645 be strengthening the hand of these to-military relationship with us. lows on the heels of Daw Aung Suu reformists to show the ‘‘fence sitters’’ Frankly, I think that is a good idea, Kyi’s landmark visit last fall and that reform will be met with positive and such programs and contacts pro- President Obama’s visit to Burma last action by the United States. The ad- vide additional tools for congressional year. ministration has extended an olive oversight and action. Many of us who have followed Burma branch to the new Burmese Govern- The European Union and Australia for years—in my case, two decades— ment, and I believe it is time for Con- have also removed most of their sanc- never thought we would see this reform gress to do the same. Burmese citizens tions against Burma. Congress, in come to this troubled country. This is should not be made to feel that Con- choosing not to renew trade sanctions, an important moment. I believe it is gress will maintain sanctions no mat- would ensure that American companies time for Congress to take responsible ter what they do. remain on equal footing with their action to continue to promote progress Third, after renewal of the import western competitors and bring greater by encouraging those who are risking ban last year, the administration certainty to those U.S. firms which are much—very much—within Burma waived most of the sanctions in re- considering investment in Burma. while still leaving in place other sanc- sponse to the recent reforms. So as a Finally, if Burma backslides, Con- tions in order to encourage further re- practical matter—as a practical mat- gress can always reconsider the sanc- form. A decision not to renew the sanc- ter—even if the ban were renewed, its tions. tions is an important step in that di- effect would be largely nullified As a Congress, we need to be realistic rection. To do otherwise could send the through an administration waiver—a about the fundamental challenges fac- wrong signal to the wrong people. waiver, by the way, I support. ing Burma on its road to reform. The So as a Congress, let’s continue to Let me emphasize a few points. By country faces major challenges on vigorously support democracy and choosing not to renew the import ban, many fronts stemming from a half cen- peaceful reconciliation in Burma, but no one should fall under the tury of bad governance and economic let’s do so by taking a positive step for- misimpression that Congress would be mismanagement. In this post-junta pe- ward with regard to our sanctions pol- giving up its leverage with respect to riod the Burmese people need our help, icy. Burma. The current restrictions on im- and bilateral trade can do just that. It Mr. President, I yield the floor. portation of Burmese jade and rubies can help improve Burmese lives and The PRESIDING OFFICER. The Sen- are likely to remain in place even show the people of Burma that a move ator from Michigan. without the renewal of sanctions. This toward greater political openness Ms. STABENOW. Mr. President, I see is because the administration enjoys under a new government brings with it my friend from Louisiana wishing to authority under other statutes to con- tangible benefits in their daily lives. speak, but I have a unanimous consent tinue to limit the importation of Bur- A Burmese Government that is more request first. mese gems. So, again, as a practical representative of its people and reform- I ask unanimous consent that at matter, the restrictions on Burma ing economically will be positioned to 4:05—5 minutes after 4—the Senate pro- would be little different without the contribute to ASEAN regional stability ceed to a vote in relation to the Rob- sanctions than they are right now and grow increasingly independent erts amendment, No. 948; that there be under the sanctions we renewed last within the region. no second-degree amendments in order year, considering the fact the sanctions While I am pleased with the progress to the amendment prior to the vote; were waived last year anyway. we have already seen, I would note I that the time until 4:05 be divided with Moreover, there are other sanctions, am not—repeat, not—fully satisfied 10 minutes for Senator VITTER and the apart from the law I was just talking with the progress Burma has made so remaining time to be equally divided about, which would remain permanent. far. Much more needs to be done. The on the amendment. They include the authority to freeze 2015 elections will be a vital indicator The PRESIDING OFFICER. Without assets and the authority to deny visas of how strong the reform movement is objection, it is so ordered. to bad Burmese actors. Even if the im- within Burma. The PRESIDING OFFICER. The Sen- port ban is not reauthorized, these pro- In my view there are several other ator from Louisiana. visions remain on the books. important benchmarks we will need to Mr. VITTER. Mr. President, I rise to In addition, a variety of other sanc- see achieved going forward. For exam- present two amendments I have filed tions that expressly name Burma re- ple, all parties within Burma must on this farm bill, and I will be pushing main in effect and still require out- work to reduce the clashes between the hard for votes on them right now. I right repeal or modification. They in- military and ethnic minority groups hope these get a full and extensive de- clude provisions within the fiscal year and begin political dialogue toward bate and a vote. They are relevant and 1997 foreign operations appropriations peaceful reconciliation. All parties related to the farm bill in significant bill, the Customs and Trade Act of 1990, within Burma need to work to diminish ways. and the Foreign Assistance Act. sectarian strife between Buddhists and The first amendment is with regard If the Burmese Government con- Muslims. Any arms trade between to the free government cell phone pro- tinues to support political and eco- North Korea and Burma needs to stop— gram, and of course that uses as cri- nomic reform, then at a later date Con- now. teria for eligibility the food stamp progress can consider whether these per- The Burmese constitution also needs gram and other benefit programs, so it manent restrictions warrant removal amending in several areas. For exam- is directly related to that aspect of the or modification. ple, provisions specifically designed to farm bill. Beyond the realm of trade, there are exclude Suu Kyi from running for Mr. President, as you know, this pro- other statutes of general application President need to be changed. Com- gram has been exploding almost with- that sanction Burma due to concerns plete and unconditional release of po- out limit, and I have some fundamental over human trafficking, counter- litical prisoners needs to be under- concerns about it. My fundamental narcotics, and religious freedom, to taken. The military should increas- concerns are pretty simple and pretty name just a few such issues. Burma ingly be brought under civilian control. basic. They come down to two things: must take positive action in order to Finally, other reforms in progress in- First of all, I think the whole program no longer qualify for sanctions under volving enhanced rule of law, protec- is an entitlement mentality gone wild; those measures as well. So, again, leg- tion of private property, and govern- that we have started the notion that islative leverage would remain even ment accountability need to take folks are entitled to the government, without the renewal of this law. place. the taxpayer, providing them almost There also remains the annual appro- I make this appeal to my colleagues everything under the sun; and, sec- priations process as Congress considers in light of the visit of Burmese Presi- ondly, and not unrelated, there has how much and what types of aid Burma dent Thein Sein to Washington this been widespread fraud and abuse in this should receive in the first place. For week. This is an important visit re- program, and I am convinced it is at instance, there is some indication that flecting many of the dramatic changes the core of this program and can’t be Burma wants to improve its military- that have taken place in Burma. It fol- scrubbed out.

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.027 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3646 CONGRESSIONAL RECORD — SENATE May 21, 2013 What is the program we are talking was on, it worked immediately, it had please inform the Senator on how about? Well, it is the free government minutes on it that he could imme- much time we have divided equally. cell phone program. It was started in diately use. He walked out of that The PRESIDING OFFICER. There is 2008, and in just those few years since storefront in less than 10 minutes with 40 seconds. then it has grown from $143 million a free government cell phone. Mr. ROBERTS. I ask unanimous con- that year, which itself is a significant He then looked up the precise eligi- sent that 2 minutes be granted. amount of money, to nearly $2 billion bility criteria of the program, which he The PRESIDING OFFICER. Without now—an elevenfold increase. This pro- did not know before. Guess what. Sur- objection, it is so ordered. gram is paid for by you and by me. It prise, surprise. He did not qualify. He Mr. ROBERTS. Mr. President, this is is paid for through our land line and should never have gotten one. So he is an amendment I have worked on con- cell phone bills. We all get a charge on returning it today. It will also be inter- siderably, along with Senator THUNE, our bills. So if you actually pay your esting to see how long that phone is Senator JOHANNS, others on the Agri- culture Committee, and others as well. phone bill, land line, and/or cell phone, kept on even after he returns it be- We can restore integrity to the SNAP you get a charge and you pay that cause the provider gets $9.25 from the program while providing benefits to charge and that is what funds this pro- ratepayer and the taxpayer and the those truly in need. Let me emphasize gram. So ratepayers, taxpayers, citi- FCC every month for that account. that—while providing benefits to those zens, millions upon millions around the This is his, Clarence’s, free govern- truly in need. We are not touching country pay for this program. ment cell phone. This is his receipt. those while we will save an additional The FCC itself—and the FCC is in The charge is zero, absolutely free, and $31 billion; $31 billion as compared to charge of the program—estimates that completely contrary to all of the rules what? Compared to $800 billion over 10 about 270,000 beneficiaries have more of the program, which is why he is re- years. If we cannot at least make those than one of these free government cell turning it today. kinds of savings, $31 billion to $800 bil- phones. That is interesting, that is im- We have serious spending and fiscal lion, we have problems. I am not pro- portant because that is completely challenges in this country, but we have posing a dramatic change in the policy against the law and against the rules— an even greater challenge, which is we of nutrition programs, such as block completely prohibited. The FCC also have lost the faith and confidence of the American people. We have lost it granting programs to States would rep- says the top five companies that ben- because of this. We have lost it because resent; instead, this amendment would efit from the program could not con- there are tents popping out on every enforce the principles of good govern- firm the eligibility of 41 percent of the street corner. They are handing out ment and return SNAP spending to folks they signed up. This is from a re- these free government cell phones like more responsible levels. port in 2011. The FCC did some spot- candy. And why is that happening? Be- SNAP was exempted from across-the- checking and found that 41 percent of cause the people handing out the board cuts known as sequestration. the folks these companies signed up phones have a vested interest in doing However, it is clear there are areas couldn’t be confirmed as eligible. that, have a vested interest in not wor- within the program that could provide This has led one of my colleagues, rying about whether eligibility criteria significant savings that were left un- CLAIRE MCCASKILL, Democrat of Mis- are met because every time they hand touched. Enacting these reforms would souri, to say the program is rife for out a phone they get $9.25 per phone allow the Federal Government to con- fraud, with a ‘‘history of extreme waste per month as long as they can sustain tinue to help those who truly need Fed- and abuse.’’ That is what my objec- that gravy train. eral benefits and assistance but also tions are all about—rampant waste and They are the biggest welfare abusers enact needed reforms. Otherwise, food abuse and a general entitlement men- of this—rich owners of companies who stamps and SNAP will continue to be a tality that I think has gone too far. milk the system to get richer, whom I target. I don’t want that. I think we The amendment I offer on this bill, would call government welfare kings. can restore integrity to the program. I which is at the desk, would simply and This abuse needs to stop. We need to encourage my colleagues to support completely end the program with re- recapture the confidence of the Amer- this amendment. gard to free government cell phones. ican people. My amendment would help The PRESIDING OFFICER. The Sen- Someone might argue: Oh, these pro- do that. ator from Michigan. grams are being fixed. We are making I will also be presenting and pushing Ms. STABENOW. Mr. President, I great strides. for a vote on an amendment to limit rise in strong opposition to this amend- Well, I was interested in seeing how and bar certain people from receiving ment. This goes way beyond what we far we have come, so this very weekend any food stamp benefits. Those are have done in the committee, which is I was talking to a friend of mine back folks who have been convicted of vio- to focus on waste, fraud, and abuse and in Louisiana, Clarence, and he was in- lent and serious crimes such as violent make sure there is integrity in the pro- terested in that too. So Monday—yes- rapists, pedophiles, and murderers. gram, to make sure supplemental nu- terday—he decided to go to one of There is a misconception that ban is trition assistance goes to families who these outlets that advertises free gov- already in the law. In fact, it is not. In have been working hard all their lives, ernment cell phones and just see what fact, the only ban that exists is for paying taxes, who fall on hard times his experience was. drug felons and in the law is an opt-out and need some temporary help. This, in So he walked in and simply told the for States so the State can opt out of fact, would have a nine times higher truth; that he was interested in getting even that ban. cut than what we reported out of the a free government cell phone. He was My second amendment is simple and committee on a bipartisan vote. It asked: Are you now on any government straightforward. It would establish a would undercut what we are trying to benefit program, such as food stamps? complete ban in the program for any- do in employment and training, which He answered truthfully: No. He said: one who has committed a violent rape, is so critical. I have a job. I don’t make a lot of a crime of pedophilia or a murder. We all want people to have the oppor- money. That was the truth. There would be no opt-out for States. tunity to get back to work. We are see- He was asked to produce two things: I hope we can form a bipartisan con- ing now, in the area of nutrition, the a driver’s license and a pay stub. He sensus around this basic idea and put costs are now going down the way they showed the people at the counter both that basic fundamental limitation in should be, which is people are getting of those things. They looked at them. the law. I urge my colleagues to look back to work and no longer needing the Interestingly, they certainly didn’t at both of these amendments and sup- help. That is the way we should reduce make any copies. They certainly didn’t port both of these amendments. it, in addition to tackling waste, fraud, create any documentation because that I yield the floor. and abuse, as we do in this bill. could potentially get them in trouble. The PRESIDING OFFICER. There is I strongly urge my colleagues to vote They looked at his documents and 1 minute remaining. The Senator from no on this amendment. gave him a form he had to sign once, Kansas. The PRESIDING OFFICER. The and then they immediately gave him a Mr. ROBERTS. Mr. President, will question is on agreeing to the Roberts free government cell phone. The phone the distinguished Presiding Officer amendment.

VerDate Mar 15 2010 00:04 May 22, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.028 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3647 Ms. STABENOW. I ask for the yeas cause when Congress proposes to cut Ms. STABENOW. Mr. President, I re- and nays. the Food Stamp Program, it is not luctantly rise in opposition. I am a full The PRESIDING OFFICER. Is there a nameless, faceless people looking for a supporter of this program to make sure sufficient second? handout who suffer. It is children. It is families who find themselves in a situ- There appears to be. There is a suffi- veterans. It is Active-Duty service- ation beyond their control because of cient second. members. It is hard-working adults. We the economy, because of what has been The clerk will call the roll. have to stand by them in the way they happening to so many around the coun- The bill clerk called the roll. have stood by us. The reality of this try, get the temporary help they need. Mr. CORNYN. The following Senators amendment is that half of the recipi- What we have done in the farm bill is are necessarily absent: the Senator ents of food stamps are children, 8 per- focus on those areas where there has from Oklahoma (Mr. COBURN) and the cent are seniors, and 1.4 million vet- been fraud or abuse or, in this case, Senator from Oklahoma (Mr. INHOFE). eran households receive food stamps. misuse of actually a very good program Further, if present and voting, the Some of my colleagues believe this is to be able to provide assistance in Senator from Oklahoma (Mr. INHOFE) some loophole we are closing, but the terms of heat and food. But there are a would have voted ‘‘yea.’’ fact is these programs were designed few States—mine is one of them—that The PRESIDING OFFICER. Are there for efficiency as part of welfare reform. have gone beyond and are misusing a any other Senators in the Chamber de- When we put this LIHEAP program in well-intended program. siring to vote? place—the ‘‘heat and eat’’ program—it I believe in fighting for the integrity The result was announced—yeas 40, was to say families living in cold of these programs so we can continue nays 58, as follows; weather States that have high heating to fight for increased help for people [Rollcall Vote No. 130 Leg.] bills need extra money to put food on who truly need it, and I believe what the table. This particular provision is YEAS—40 we have done in the bill meets the test for people in rental apartments who do of integrity and is defensible and ad- Alexander Flake Paul not have a heating bill but are also Ayotte Graham Portman dresses legitimate concerns raised Barrasso Grassley Risch having their heat included in their about the misuse and fraud of pro- Blunt Hatch Roberts rent. These Governors in ‘‘heat and grams. Boozman Heller Rubio eat’’ States have said we want to make Burr Hoeven Scott So I ask my colleagues to oppose the Chambliss Isakson sure our recipients of food stamps are amendment, and I ask for the yeas and Sessions eligible for this benefit because they Coats Johanns Shelby nays. Corker Johnson (WI) Thune need it. Children, seniors, veterans, Ac- Cornyn Kirk The PRESIDING OFFICER. Is there a Toomey tive-Duty servicemembers deserve to Crapo Lee sufficient second? There appears to be Vitter have food on their table. Cruz McCain a sufficient second. Enzi McConnell Wicker I urge my colleagues to support this Fischer Moran amendment. There is a sufficient second. The question is on agreeing to the NAYS—- 58 The PRESIDING OFFICER. The Sen- ator from Kansas. amendment. Baldwin Hagan Murray The clerk will call the roll. Baucus Harkin Nelson Mr. ROBERTS. Mr. President, I Begich Heinrich Pryor thank the Presiding Officer. The legislative clerk proceeded to Bennet Heitkamp Reed No, no, no, no; we are not cutting call the roll. Blumenthal Hirono Reid anybody’s benefits that the distin- Mr. DURBIN. I announce that the Boxer Johnson (SD) Rockefeller guished Senator from New York is Senator from Rhode Island (Mr. WHITE- Brown Kaine Sanders talking about. This amendment would HOUSE Cantwell King Schatz ) is necessarily absent. Cardin Klobuchar Schumer effectively shield over 80 percent of the I further announce that, if present Carper Landrieu Shaheen farm bill from any deficit reduction Casey Lautenberg and voting, the Senator from Rhode Is- Stabenow Cochran Leahy and prevent the bill from addressing a land (Mr. WHITEHOUSE) would vote Collins Levin Tester serious breach in the nutrition pro- ‘‘yea.’’ Udall (CO) Coons Manchin gram. The distinguished chairperson of Mr. CORNYN. The following Senators Cowan McCaskill Udall (NM) Donnelly Menendez Warner the Agriculture Committee, the Sen- are necessarily absent: the Senator Durbin Merkley Warren ator from Michigan, already has in- from Oklahoma (Mr. COBURN), the Sen- Feinstein Mikulski Whitehouse cluded the provision in the bill. To say ator from Oklahoma (Mr. INHOFE), and Franken Murkowski Wyden the chairperson is against food stamps Gillibrand Murphy the Senator from Alaska (Ms. MUR- for needy people is ridiculous. KOWSKI). NOT VOTING—2 It is important to note this amend- Further, if present and voting, the Coburn Inhofe ment does more than create in a State Senator from Oklahoma (Mr. INHOFE) The amendment (No. 948) was re- what is called the LIHEAP loophole would have voted ‘‘nay.’’ jected. which we don’t want; this amendment The PRESIDING OFFICER. Are there Ms. STABENOW. Mr. President, I also cuts crop insurance. That is the any other Senators in the Chamber de- move to reconsider the vote and to lay No. 1 priority of American farmers siring to vote? that motion on the table. today. It is one of the great success The result was announced—yeas 26, The motion to lay on the table was stories. It was developed as a way to nays 70, as follows: help farmers manage their own risks, agreed to. [Rollcall Vote No. 131 Leg.] have skin in the game, and head off the The PRESIDING OFFICER. The Sen- YEAS—26 ator from Michigan. need for costly, inefficient, ad hoc disaster programs. These types of cuts can Baldwin Hirono Reed AMENDMENT NO. 931 be difficult to absorb. When we are in Begich King Reid Ms. STABENOW. Mr. President, I ask Blumenthal Lautenberg Sanders the third year of drought is not the Boxer Leahy unanimous consent that there now be 5 Schatz time to change them. Brown Levin Schumer minutes equally divided prior to a vote I also wish to add the Senator from Cantwell Menendez Udall (NM) in relation to the Gillibrand amend- New York has been a champion of ex- Casey Merkley Warren Cowan Murphy Wyden ment No. 931; that there be no second- panding crop insurance coverage for Gillibrand Murray degree amendments in order to the specialty crops, organic crops in her NAYS—70 amendment prior to the vote. home State. I just think that perhaps The PRESIDING OFFICER. Is there Alexander Carper Cruz she is misinformed. Ayotte Chambliss Donnelly objection? The PRESIDING OFFICER. The Sen- Barrasso Coats Durbin Without objection, it is so ordered. ator from Michigan. Baucus Cochran Enzi The PRESIDING OFFICER. The Sen- Ms. STABENOW. Is there time re- Bennet Collins Feinstein ator from New York. Blunt Coons Fischer maining? Boozman Corker Flake Mrs. GILLIBRAND. Mr. President, I The PRESIDING OFFICER. There is Burr Cornyn Franken rise in support of this amendment be- 1 minute 9 seconds remaining. Cardin Crapo Graham

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.029 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3648 CONGRESSIONAL RECORD — SENATE May 21, 2013 Grassley Landrieu Rubio wanting to move to conference are not allow us to get to the table and Hagan Lee Scott changing. At first Republicans told us move on this matter. Harkin Manchin Sessions Hatch McCain Shaheen that we needed ‘‘a framework’’ before I know there are Members who do not Heinrich McCaskill Shelby they would allow us to move to con- agree with the budget that was passed. Heitkamp McConnell Stabenow ference, although they never explained They will have another opportunity to Heller Mikulski Tester what that meant. And, frankly, a budg- fight for changes in a bipartisan con- Hoeven Moran Thune Isakson Nelson ference, which is how we do this. That Toomey et is a framework. Then the story Johanns Paul Udall (CO) changed, and they told us they would is the responsible and appropriate path Johnson (SD) Portman Vitter forward, and I hope the Senate Repub- Johnson (WI) Pryor only let us move to conference if we Kaine Risch Warner made certain guarantees about the out- lican leaders decide to move back to Kirk Roberts Wicker come. Then last week the story the position they maintained just a few Klobuchar Rockefeller changed again, and Senate Republicans months ago. I know a number of our NOT VOTING—4 claimed that despite the fact that we colleagues on the Republican side have Coburn Murkowski engaged in a fair and open budget proc- said to me privately and in public that Inhofe Whitehouse ess in the Senate less than 2 months they believe we should move to conference. I hope we can do that. The The amendment (No. 931) was re- ago, they think we need a do-over, with challenges before our country in terms jected. another 50 hours of debate on top of the of our debt and deficit and the invest- Mr. REID. I move to reconsider the 50 hours we have already done and an- ments that need to be made and the vote and move to lay that motion on other round of unlimited amendments certainty that Americans are looking the table. on top of the unlimited amendments to us for cannot be completed until we The motion to lay on the table was that were moved already. go to conference and work out our dif- agreed to. This is absurd. First of all, to claim ferences and come back and move this The PRESIDING OFFICER. The ma- that regular order involves a second forward. jority leader. full Senate budget debate is simply not true. The Senate has never been forced I hope this time when I ask for unan- f to go through a full debate and open imous consent to go to conference Sen- ate Republicans will join with us so the MORNING BUSINESS amendment process twice just to get to American people can see an open con- Mr. REID. Mr. President, I ask unan- conference—not one case. Completely unprecedented. In fact, every single ference move to a debate and solve this imous consent that the time until 5:30 very challenging problem we have in p.m. be for a period of morning busi- time since 1994 that the Senate moved to conference, it was done by unani- front of us. ness, with Senators allowed to speak I ask unanimous consent that the mous consent, with bipartisan support, for up to 10 minutes each during that Senate proceed to the consideration of which is the way it ought to be done. time, and that at 5:30 p.m. Senator Calendar No. 33, H. Con. Res. 25; that Second of all, the Senate engaged in STABENOW be recognized. the amendment which is at the desk, a full and open debate in which any The PRESIDING OFFICER. Without the text of S. Con. Res. 8, the budget Member could offer any budget amend- objection, it is so ordered. resolution passed by the Senate, be in- ment they wanted to. We did that a few The Senator from Washington. serted in lieu thereof; that H. Con. Res. months ago. I know all of my col- 25, as amended, be agreed to; the mo- f leagues remember this. I certainly re- tion to reconsider be made and laid member this. UNANIMOUS CONSENT REQUEST— upon the table; that the Senate insist I would be happy to quote some of H. CON. RES. 25 on its amendment, request a con- what was said about the process if any ference with the House on the dis- Mrs. MURRAY. Mr. President, it has reminders are needed because as that agreeing votes of the two Houses; and now been 59 days since the Senate and debate came to a close in the wee hours that the chair be authorized to appoint the House passed our budget resolu- of the morning, Minority Leader conferees on the part of the Senate, all tions. The American people are now ex- MCCONNELL said the Senate had just pecting us to get together and do ev- with no intervening action or debate. engaged in ‘‘an open and complete and The PRESIDING OFFICER (Ms. WAR- erything possible to bridge the partisan full debate.’’ He continued and said, ‘‘I divide and come to a bipartisan deal. REN). Is there objection? know everyone is exhausted, and peo- The Senator from Kentucky. On this side the Senate Democrats are ple may not feel it at the moment, but Mr. PAUL. Reserving the right to ob- ready to get to work. Unfortunately, this is one of the Senate’s finest days ject, it has now been 59 days that the despite their focus over the past 2 in recent years, and I commend every- opposition has been trying to orches- years on the need to return to regular one who has participated in this ex- trate a backroom deal to raise the debt order, Republicans have been refusing traordinary debate.’’ ceiling. Raising the debt ceiling is an to allow us to move to a bipartisan My ranking member, Senator SES- incredibly important debate and budget conference. SIONS, said the Budget Committee shouldn’t be done in the back room by Many Republicans, including the markup was ‘‘an open process’’ where a few people. It shouldn’t be done ranking member on the Budget Com- ‘‘everybody had the ability to offer through parliamentary trickery or chi- mittee, Senator SESSIONS, had been amendments.’’ canery. It should be done out in the very clear up until recently that after Senator SESSIONS said on the floor, full and open and under the ordinary the Senate engages in an open and fair as debate was wrapping up, he was rules of the Senate. budget markup process—and these are thankful that the Republicans had We are now borrowing $40,000 every his words—‘‘the work of conferencing ‘‘free ability to speak and debate’’ and second, $4 billion a day. We must bor- must begin.’’ for ‘‘helping us move a lot of amend- row from China to run the ordinary Minority Leader MCCONNELL said in ments fairly and equitably tonight.’’ functions of our government. In fact, it January that if the Senate budget is There is no question the Senate en- is worse. We borrow from China to send different from the House budget, then gaged in a fair and open and lengthy money to China. We borrow money ‘‘send it off to conference. That’s how debate about the budget before we from China to send money to Pakistan. things used to work around here. We passed it. There is absolutely no good We build bridges in Pakistan with used to call it legislating.’’ I could not reason to ask that we do this all over money borrowed from China. It can’t agree more with Minority Leader unless the intention is to simply stall go on. No American family can con- MCCONNELL’s words from back in Janu- the process and push us closer to a cri- tinue to spend money endlessly that ary. Over the past few weeks we have sis. they don’t have. tried to move to conference eight Instead of scrambling to find new ex- All we are asking is for a common- times, and each time Senate Repub- cuses for their budget conference sense resolution that says we can’t licans have stood and said no. flipflops, I hope Senate Republicans re- keep borrowing. They have managed to stall for alize their opposition to bipartisan ne- What I ask is unanimous consent weeks now, but their excuses for not gotiations is not sustainable and will that the Senator modify her request so

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.006 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3649 that it not be in order for the Senate to ments they demand—then we are not ular order is going to conference. Both consider a conference report that in- helping ourselves with the American the House and the Senate have passed cludes reconciliation instructions to people at all. budget resolutions, and it is important raise the debt limit. I ask that as a I will object to the modification pro- that there be a conference committee unanimous consent request. posed by the Senator from Kentucky. to work out the differences, which are The PRESIDING OFFICER. The Sen- I would first ask consent that the considerable, so that we will have a ator from Arizona. original request by the Senator from framework with binding allocations for Mr. MCCAIN. I will reserve the right Washington include two motions to in- the Appropriations Committees. to object to the modification, and I will struct the conferees: one related to the Mr. MCCAIN. Will the Senator yield object in just a moment. debt limit and one related to taxes. for a question, just one question? I would like to point out to my col- The PRESIDING OFFICER. Is there Ms. COLLINS. I yield to the Senator. leagues on this side of the aisle that for objection to the request for further Mr. MCCAIN. Isn’t it true that the 4 years—for 4 years—we complained modification? people with whom the conference about the fact that the majority lead- The Senator from Kentucky. would be held on the other side of the er, whom I see on the floor, refused to Mr. PAUL. Reserving the right to ob- Capitol happen to be a majority of our bring a budget to the floor of the Sen- ject, we are talking about two different party? So we don’t trust the majority ate. Then, in what most of us believe issues. We have passed budgets year in party on the other side of the aisle to was a proud moment—I thought it was and year out. We continue to pass come to conference and not hold to the a pretty tiring experience at my age, budgets. Of course, the budgets on our fiscal discipline we want to see happen; voting all night—we approved or dis- side don’t raise taxes; the budgets on isn’t that a little bit bizarre? approved of 70 meaningless amend- the other side raise taxes by $1 trillion. Ms. COLLINS. It certainly is ironic ments. There are parliamentary rules for how at the least. It is an opportunity for The fact is, we did a budget. All of us we address separate issues such as the the Republican House to argue for its patted ourselves on the back, and we debt ceiling. budget. I voted against the final version of were so proud that we did the budget. What we are concerned about, and all the Senate budget, but I think we By golly, now we will move with the we are asking the opposition to do—in- should go to conference and try to House of Representatives and we will cluding opposition within both parties work out an agreement. The instruc- have a budget and, hopefully, at least to do—is that the debt ceiling vote be tions suggested by the Senator from begin negotiations with the House of a separate vote and that it not be Arizona are entirely reasonable. Representatives, in which the majority stuck in the dead of night in a con- Let’s get on with the process. Let’s is Republicans—not Democrats, Repub- ference committee with very few peo- do what the American people expect us licans. We would decide we were going ple, selected by very few people. We to do; that is, to negotiate a conference to do that. Now we are going to, ac- have a big party on our side that can report that then would be brought back cording to the objection and the unani- include people with many different to both Houses for consideration. That mous consent that was just asked for, opinions, some who are very concerned is what I urge my colleagues to do. in an unprecedented way, put restric- about the debt ceiling and the direc- The PRESIDING OFFICER. The ma- tions on the conferees. tion of our country and some who are jority leader. The way we usually do it is what I concerned very much about the debt, Mr. REID. I, of course, admire—and am about to do; that is, we instruct the so much so that our resilience will not have for many years now—the chair- conferees. We don’t require the con- flag. We will maintain the position man of the Budget Committee. She is a ferees because that is why we appoint that throwing our country into further renowned Senator. She is very good at conferees, and that is why we approve debt is wrong for the country. I think what she does. We are very proud of or disapprove of the result of that con- most Americans can understand that. her. ference. That is how our laws are made, We are $16 trillion in debt. We are We have just heard something that is and that is how our budgets are made. passing this debt on to our children. It unusual. We heard my friend from Ari- What do we keep doing? What do we is inexcusable. Somebody must make a zona—the Senator and I came together on my side of the aisle keep doing? We stand. Several of us are making a to Congress some 30-odd years ago—and don’t want a budget unless we put re- stand—not against a budget but in say- another outstanding Senator, Ms. COL- quirements on the conferees that are ing we cannot keep raising the debt LINS from Maine, come up with a novel absolutely out of line and unprece- ceiling; we cannot keep adding debt to idea. It is kind of old-fashioned, but it dented. our country. This burden is going to be is called regular order. All I say to my colleagues is, can’t passed on to our kids and grandkids. What they are saying we should do is we, after all those hours—I forget what We are making a stand, and so I object go to conference. We have had in years hour in the morning it was—after all to a modification. past many motions to instruct. That is those votes, after all that debate and The PRESIDING OFFICER. Objec- the way we used to do things around all that discussion, we came up with a tion is heard. Is there objection to the here. To get off-base on a debt ceiling budget and now we will not go to con- original request? matter has nothing to do with what we ference, why is that? Mr. PAUL. I object. are doing. Let’s go to conference. I I will object to the modification the The PRESIDING OFFICER. Objec- don’t know if when we go to conference Senator from Kentucky just asked for tion is heard. we will get anything out of it, but we in a moment, but I would first ask con- The Senator from Maine. are sure going to try. sent that the original request by the Ms. COLLINS. Madam President, I That is what this is all about. I can’t Senator from Washington include two just want to associate myself with the imagine why after 2 months—after 2 motions: to instruct the conferees, one comments of the Senator from Arizona. months—we can’t go to conference and related to the debt limit, and one re- It is accurate that no one on our side of work something out. lated to taxes. That is the way we the aisle supported the final budget. The Republican leader has told me should do business in the Senate. It is The fact is, for the first time in for a couple of years: Why don’t we do instructions to the conferees. years, a budget was brought to the Sen- our appropriations bills? We have the The Senator from Washington may ate floor. Senator MURRAY presided former chair of the Appropriations not like those instructions, but the over a very open process with debate Committee, who is now the ranking fact is that is the way we do business, and with plenty of opportunity for member on the Agriculture Com- not require the conferees to take cer- amendments to be offered. There is mittee, he knows as much as anyone tain measures. If my colleagues on this simply no reason the very reasonable here about financial matters. He is a side of the aisle think we are helping approach suggested by Senator MCCAIN man who is a humble man, doesn’t talk our cause as fiscal conservatives by that would allow us to go to conference a lot—and I don’t want to speak for blocking going to a conference on the should not be adopted. him—but I think everyone here wants budget—which every family in America We have called repeatedly for a re- this institution to continue, wants us has to be on because of certain require- turn to regular order in this body. Reg- to do regular order.

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.034 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3650 CONGRESSIONAL RECORD — SENATE May 21, 2013 I have heard this hue and cry for so after a fair and open debate, where I would note in the question the Sen- quite some time on the other side. I ad- the issue is considered and where the ator from California raised, she did not mire and appreciate very much the threshold is the traditional 60-vote say one word about not raising the debt Senator from Arizona instigating old- threshold and we can address what I ceiling using 51 votes. And everything fashioned regular order, which we need think is imperative—that we fix the else about this debate is all smoke. It to do in this body a lot. problem. is all about one thing, which is do we The PRESIDING OFFICER. The Sen- When I travel across the State of give an unlimited credit card to the ator from Texas. Texas, men and women stop me all the Federal Government to raise the debt Mr. CRUZ. Reserving the right to ob- time and say: Enough of the games. Go ceiling $1 trillion, $2 trillion, $5 tril- ject. up there, roll up your sleeves, work lion, $10 trillion. Mr. REID. There is nothing to object with each other and fix the problem. If the result of reconciliation was to. Getting a new credit card—jacking up raising the debt ceiling $10 trillion, it Mr. CRUZ. The issue before this body the debt ceiling—with no spending re- would come back—— is not a budget. The issue before this forms, no structural reforms, no Mr. PAUL. Will the Senator yield for body is not going to conference. The progrowth reforms is a mistake and it a question? issue before this body is one thing in is the wrong path. Mrs. BOXER. Will the Senator yield particular: It is the debt ceiling and Mr. PAUL. Will the Senator yield for for one more question? Then I will whether the Senate will be able to a question? yield the floor. raise the debt ceiling using a proce- Mrs. BOXER. Will the Senator yield Mr. CRUZ. I am happy to yield as dural back door that would allow only for a question? soon as I finish this point. I will be 51 votes. Mr. CRUZ. I will be happy to yield. happy to yield after that. The PRESIDING OFFICER. The Sen- My friend from Nevada, my friend Mrs. BOXER. I thank my friend. from Washington State, both of them ator from California. Mr. CRUZ. If we went to a conference Mrs. BOXER. Here is the problem. could go to conference on the budget committee and it came back on rec- The people in my State are saying the right now today if they would simply onciliation to raise the debt ceiling by same thing: Roll up your sleeves and agree this budget would not be used as $10 trillion, then under reconciliation attack the problems. Because, guess a back door to use a procedural trick what. I remember when this budget rules, 51 Senators—only the Demo- to raise the debt limit—not on 60 votes was balanced, when Bill Clinton was crats—could vote to do so, and the Re- but on 50 votes. President. It took literally a few publicans would be utterly silenced I commend their candor, because nei- months before George W. Bush gave a from participating in anything there. ther one of them is willing to make tax break and put it on the credit card, It may well be—— that representation, and that is com- two wars on the credit card, and the Mrs. MURRAY. Will the Senator mendable. But I would point out that debt was off and running. yield for a question? Does the Senator nothing in the budget we debated But put that aside, we are where we expect the House of Representatives, a raised the debt ceiling. I would suggest are. Does my friend not think if we Republican majority in the House of the American people are not interested could get into a conference—and I Representatives, would not participate in procedural games. I think they are know a lot of us here have been in in that vote? tired of games by the Democrats and tough conferences—that is where we Mr. CRUZ. What I expect is that each tired of games by the Republicans. would roll up our sleeves? I say PATTY of us is obliged to carry out our respon- What they are interested in is leader- MURRAY and PAUL RYAN are ready to sibility to defend the interests of our ship in this body to address the enor- roll up their sleeves and get to work. States. I have 26 million Texans who I mous fiscal and economic challenges Why would my friend want to give in- am not willing to go to and say, if they facing this country. structions—of course, I would love to ask me: Why did you go along with the Our national debt is nearly $17 tril- give instructions. I would like to give procedural game to raise the debt ceil- lion. It is larger than the size of our en- instructions the richest of Americans ing, to allow Republicans in the Senate tire economy. In the last 4 years our pay the same effective tax rate as their to be shut out, to give up any ability to economy has grown 0.9 percent a year, secretaries. I would love to do that. I force progrowth reforms, to get jobs with 23 million people struggling to would love to order that, but I wouldn’t back, to get the economy back, to get find jobs. This body should be debating do that. people working, why did you give every day how we get the economy Let PATTY MURRAY and PAUL RYAN up—— moving, how we get people back to and the respective committees get in Mrs. MURRAY. Madam President, work, how we stop our unsustainable there, in an open process, and come will the Senator yield for a question? debt. Instead of doing that, 2 weeks ago back. Doesn’t my friend understand Does the Senator expect he would not we spent a week voting to add $23 bil- what he is calling for, when he says have a vote at the end of a day after a lion in new taxes to small retailers on- roll up your sleeves and get to work, is conference comes back from the House line, creating an Internet sales tax— exactly what Senators MURRAY, of Representatives? going backwards, killing economic MCCAIN, COLLINS, and lots of us want Mr. CRUZ. We may well have a vote, growth and killing jobs. to do, those of us who believe we need but if we had a vote—— This issue is very simple: Will the to use regular order? Can my friend Mrs. MURRAY. And isn’t that a Senate allow a procedural back door to comment on that? democratic process? raise the debt ceiling and doing so Mr. CRUZ. I thank my friend from Mr. CRUZ. The vote would be a 51- while not fixing any of the problems? California for that question. She may vote threshold, which would mean—and My friends on the Democratic side of well be right, that one of the reasons my friends on the Democratic side of the aisle believe we should raise the spending is out of control is that we no the aisle have been very explicit that debt ceiling with no conditions, with longer have Bill Clinton as President in their collective judgment the debt no changes, with no spending reforms, and a Republican Congress. Instead we ceiling should be raised with no condi- with no progrowth reforms, with noth- have President Obama who has ex- tions. Given that—— ing to stop this unsustainable spend- panded spending more than any other Mrs. MURRAY. Can the Senator an- ing. The President likewise has said: President in modern times. swer my question? Does the Senator Raise the debt ceiling with no condi- Mrs. BOXER. The Senator skipped from Texas understand the House of tions. That is why, I would submit, the over George W. Bush, who caused the Representatives also would have to majority leader is not willing to agree: deficits. But let’s not argue that. pass this? They are a Republican ma- No, this budget conference report will Mr. CRUZ. I thank my friend from jority. not be used to raise the debt ceiling, California, but I have been quite vocal And, by the way, we are not talking because it is precisely the hope to do that both Democrats and Republicans about whether we should pay the bills so. This body may well vote to raise have contributed to getting us in this this country is already obliged to pay. the debt ceiling. But if this body votes mess, and we need leadership from both We are talking about putting a budget to raise the debt ceiling, we should do parties to turn it around. framework forward for the next 10

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.035 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3651 years. We had a terrific debate about paraphrasing, and I will get the exact historic levels of growth that allow that and the Senator from Texas par- quote and put it in the RECORD, as I small businesses to thrive and, in participated in that and offered amend- have done in the past—even thinking ticular, allow the most vulnerable ments. He had an opportunity to do about defaulting on the government’s among us to work and to achieve the that. bills is enough to send shock waves American dream. The House of Representatives did the through the country. In the last 4 years, under President exact same thing. At the end of the The last time the Republicans played Obama, we have had 4 consecutive day, the way a legislative democratic that game it cost us $19 billion. We years of less than 1 percent average process works is the two bodies come cannot afford that. My friends say they growth in the economy. I refer to this together and it will have to pass what- are conservatives, but they are leading period as the ‘‘great stagnation.’’ The ever our conference agrees to with a us down that road. I beg them to think people who have been hurt the most majority of Republicans in the House about what they are doing. I beg them during the great stagnation have been and a majority in the Senate with to have faith and trust in this democ- young people, have been Hispanics, Af- Democrats. That is going to be where racy. I beg them to let the people who rican Americans, and single moms. the Senator from Texas will have an are very responsible in the House and Right now, if we look at unemploy- opportunity to say yes or no to a con- in the Senate, who are on different ment, unemployment for those without ference. wavelengths when it comes to this a high school degree is over 11 percent, So I don’t understand the Senator budget, get to work. And to quote my for Hispanics it is nearly 10 percent, for saying he would not participate. He has friend, let them get to the place where African Americans it is nearly 14 per- a vote. That is how the Senate works. they can roll up their sleeves and get cent, and for young people it is over 25 Mr. CRUZ. I appreciate the efforts of the job done. percent. my friend from Washington to defend I think by my friend’s continuing When this country has massive the prerogative of the Republican presence to stop us from having a budg- spending, massive debt, massive regu- House. What I would suggest is that et, he is doing a great disservice not lation, and massive taxes, the result is each of us has a responsibility to our only to this country but to his party. that small businesses are strangled and States. That is it for me. die, and the people who lose their jobs Mrs. MURRAY. With your vote. Mr. PAUL. Will the Senator yield for are the single moms who are struggling Mr. CRUZ. With our vote, but also to a question? to provide for their kids at home, like defend the ability to have our vote Mr. CRUZ. I will be glad to yield. so many moms now seeing their hours matter, to have it make a difference. Mr. PAUL. This is a debate, and it is forcibly reduced to 29 hours a week be- Because if this procedural trick is al- a good debate, because it is a debate cause of the burdens of ObamaCare. I lowed to go forward, what it would about the debt ceiling. I am actually in believe we have an obligation to the mean—this fight right now is the fight favor of allowing the debt ceiling to go American people to focus every day on over the debt ceiling. Because what it up under certain conditions where we turning the economy around, on get- would mean, if we go to a conference reform things. I think it is unconscion- ting jobs back, and stopping our committee, as sure as night follows able not to do anything, to simply say: unsustainable debt. day, we would find ourselves in a Here is a blank check, keep doing what My friend from California made ref- month or two with a debt ceiling in- you have been doing. erence to the prospect of a default. I crease coming back and the Democrats We are running the country into the absolutely agree the United States in this body voting to raise the debt ground. We are borrowing $40,000 a sec- should never, ever, ever default on its ceiling with no conditions whatsoever, ond. Should we not talk about reform debt, and that is the reason why I which is what the President has asked in the process? Many of us supported strongly support the legislation intro- for. last time around raising the debt ceil- duced by the Senator from Pennsyl- Mrs. BOXER. Will the Senator yield ing in exchange for a balanced budget vania, PAT TOOMEY, the Default Pre- for a question? And I thank him so amendment. Seventy-five to 80 percent vention Act, which says: In the event much. of the public thinks we should balance the debt ceiling is not raised, the Listen, let’s cut through what is hap- our budget. They have to, why United States will always pay its pening and tell me where I am wrong, shouldn’t we? debts, pay the interest on its debts, so and I would respect the Senator’s an- I would ask the Senator: Is he not we never default. swer. The Senator represents a lot of hearing from his people at home that I would note my friends on the other folks, I represent 38 million, so we are the debt ceiling should not be done in side of the aisle right now could join two big States and we owe a lot to our secret, that it should be done, and if it together in taking default off the table people. That is for sure. What is hap- is going to be done, it should be at- entirely. pening here today is very clear. The tached to significant budgetary re- (Several Senators addressed the Republicans, except for Senator form? Chair.) MCCAIN and Senator COLLINS, who were Mr. CRUZ. I thank my friend from Mrs. MURRAY. I ask the Senator to here, are stopping us—this Nation— Kentucky, and that is exactly what I yield for one final question. I know from having a budget, and they are am hearing from men and women they want to keep talking. saying their reason is that something throughout Texas. Mr. CRUZ. I am happy to yield to the might happen in the conference. Well, I would note for the Senator from Senator from Washington. that is not the way we work in a de- California and the Senator from Wash- Mrs. MURRAY. The irony of this is mocracy. Anything can happen at any ington that I respect the sincerity of really astounding. By objecting to us moment. their beliefs, that they genuinely be- going to conference, the Senate Repub- Let’s get into that conference. PAUL lieve the Democratic budget passed by licans who are objecting are actually RYAN has a budget that I think is apoc- this body is the proper course for this putting us right in the position of alyptic and that the Senator from country; that the proper course is to being in the place where the debt ceil- Texas may well support. PATTY MUR- raise taxes yet another $1 trillion on ing, by virtue of timing, will have to— RAY has a budget that the Senator top of the $1.7 trillion that taxes have may be part of the budget conference probably thinks is apocalyptic. They already increased. They genuinely be- because the House of Representatives want to get into that conference and lieve the proper course is never to bal- wants to appoint conferees and have a they want to work together. That is ance the budget and allow massive budget done fairly quickly once they called democracy. deficits to extend into perpetuity. appoint conferees because they have I will close with this and ask my I respect the sincerity of their views, told us they do not want to go through friend to respond. Ronald Reagan sup- but at the same time I believe those a series of votes as we all did. I think ported raising the debt ceiling about 18 views are inconsistent with the best in- it is 20 days. If my colleagues object to times. He put out a number of state- terests of this country; that the best going to conference at this point—— ments that were totally counter to my interests of this country are to restore The PRESIDING OFFICER. Now 5:30 friend’s. Ronald Reagan said—and I am economic growth, are to get back to having arrived——

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By objecting to going progress and produce a bill that is ex- and preparing, unfortunately, for fu- to conference right now, what Senate cellent for every region of our country. nerals that are going to have to occur Republicans who are objecting are Of course, representing the South, we after what happened—the last thing doing is pushing us to a place where always like to have special attention they want to see Congress do is debate the debt limit, by virtue of timing, given to our agricultural needs. The about how and when we are going to may be a part of the discussion. I ask Senator from Michigan certainly has pay for this disaster. We are going to the Senators to think about what they been attuned to the farmers in rural send them the money they need to re- are doing by their objection, in forcing communities in Louisiana. We appre- cover. us into that position, and suggest that ciate her leadership. I want to say this to Senator COBURN, by allowing us to go to conference—we I come to the floor today, though, my good friend who is not on the will have a better chance of not—— just for a few moments to speak about floor—I do respect his consistency on f the tragedy unfolding in Oklahoma, in this issue. Even when a tornado hit his Moore, OK, a city that was dev- State, he is still calling for offsets. He AGRICULTURE REFORM, FOOD, astated—portions of the city in the has been consistent, but in my view he AND JOBS ACT OF 2013—Continued suburban areas—by a horrible tornado, has been consistently wrong. There The PRESIDING OFFICER. The hour one of the largest to hit our Nation in will be no offsets. There is no need for of 5:30 having arrived, the Chair recog- quite some time. While I do not know offsets. I will not support offsets. The nizes the Senator from Michigan. all of the details, I understand that it majority of Democrats, if not the en- AMENDMENT NO. 998 was a very high level tornado that tire Democratic caucus, will not sup- Ms. STABENOW. I call for regular stayed on the ground for almost 40 port offsets for Americans in need in order. minutes. This was miles wide and cre- disasters. What we are going to do is The PRESIDING OFFICER. S. 954 is ated a terrible path of destruction. support appropriate help and sufficient the pending business. There are, of course, adults and chil- help for them. Ms. STABENOW. On behalf of Sen- dren who lost their lives. Recovery and Let me say for the record that be- rescue is still underway as I speak. I cause of the Sandy supplemental— ator LEAHY, I call up amendment No. 998. am certain that the delegations—both which I also fought for with my col- The PRESIDING OFFICER. The the Senate and House Members from leagues from the Northeast—we were clerk will report. Oklahoma—are doing everything they able to put some reforms in that bill. It The assistant legislative clerk read can, working with the Governor and was not just ‘‘send the money and do as follows: local officials, to provide as much sup- what you will with it.’’ We sent money port as they will need. to the Northeast. We also sent them The Senator from Michigan [MS. STABE- I come to the floor as the chair of the new tools in a bigger, stronger toolbox NOW], for Mr. LEAHY, proposes an amendment numbered 998. Subcommittee on Homeland Security to help them with a better recovery. and I come to the floor as a Senator We have a lot more to do in the Ms. STABENOW. I ask unanimous who unfortunately has had a lot of ex- Northeast. That is a subject for an- consent that reading of the amendment perience in disasters to say how proud other day. I realize they are in lots of be dispensed with. I am that there is about $11 billion difficulty. But we did send some new The PRESIDING OFFICER. Without available, without the requirement or tools that will help, even with Okla- objection, it is so ordered. necessity of an offset, for the people of homa. (The text of the amendment is print- Oklahoma. This was a battle that was First, we sent them the ability to ed in today’s RECORD under ‘‘Text of fought over a year ago, led by Senator quickly establish mutually agreed Amendments.’’) HARRY REID and me and others. This upon estimates for project costs. That Ms. STABENOW. Madam President, arrangement was made in the Budget has been a real problem with recovery we have made great progress today. I Control Act so that there would be a in the past, with local governments ar- thank colleagues for their work today significant pot of money set aside in guing one thing, the Feds offering bringing forth amendments. We will the event that disasters such as this something else. We now have a better, continue to work with Members as we happened, whether it was a tornado or quicker process to agree on what the go forward tomorrow, putting together an earthquake or a fire or a flood. It project costs to get it built more a number of votes to bring before the has happened again. quickly. The project cost will be vali- body. We are working hard to do every- We don’t know exactly when these dated by an independent panel of ex- thing possible to complete this legisla- disasters are going to happen. We don’t perts protecting the taxpayer, which is tion by the end of the week. I think we know the exact nature of them. But we important. Applicants are now allowed are on a good track. most certainly know from past experi- to consolidate projects in a common- I announce on behalf of the two lead- ence and everything that our science sense way to build back smarter, re- ers that there will be no more votes tells us about the changes in the at- ducing future recovery costs. this evening. mosphere that they are going to hap- Most important for this disaster—we f pen and that they are likely going to fought hard for this in Sandy—finally, there are some provisions in the recov- MORNING BUSINESS get worse. That is why I have been very focused on this issue. ery bill that will allow children to be Ms. STABENOW. I ask unanimous I am proud of this Senate, Repub- the center of attention. Sadly, we have consent that the Senate proceed to a licans and Democrats, but I am very lost some children in this disaster. period of morning business until 6:30, proud of the support of the Democratic Sadly, many children were injured and with Senators permitted to speak for leaders on this bill to say now is not probably thousands of children have up to 10 minutes each. the time—not this afternoon, not to- been traumatized. But because of the The PRESIDING OFFICER. Without morrow morning, not Friday, not Mon- new bill we passed under Sandy, there objection, it is so ordered. day—to be debating offsets for victims are some provisions to help. The Senator from Louisiana. of the Oklahoma tornado. After a dis- In addition, families can receive f aster, our citizens do not need or want daycare now through their supple- a debate on funding. What they want is mental, so the parents who are going TRAGEDY IN OKLAHOMA help, and they are going to get it from to have to figure out a way to get back Ms. LANDRIEU. Madam President, I the committee I chair. to work and rebuild their businesses really appreciate the hard work of the Our people suffered so much in and their communities and their Senators from Michigan and Mis- Katrina, Rita, and Gustav. I have houses can have some additional Fed- sissippi, moving a farm bill through watched the east coast have to recover eral childcare, which will help.

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We had spend- family reunification database to ensure that question to our satisfaction, if ing limits that had the real teeth of children are returned to parents. This they can simply give me an assurance law. is a relatively small place, well known. that is not what they are going to use What people might not realize is We do not believe there are any chil- it for, then I will gladly give my con- budgets are aspirations. Just as when dren whose whereabouts are unknown sent. So I invite that to be the topic of someone does a budget at home, they to their parents. All of the statistics, discussion. can say: My budget this year is going however, are not in of people missing, All this begs the question. Why to be set at $25,000. It is an aspiration. et cetera. But there are provisions would they not give that assurance? They might spend a little more or a lit- right now at work with FEMA helping What on Earth is wrong with the reg- tle less. There is no mechanism for with family reunification. Coordina- ular order? What on Earth is wrong control; it is just an outline, and that tors are already on the ground special- with giving an assurance that, in con- is important. ized in looking out for the specific nection with a conference report on a needs of children in disasters. I thank budget resolution, they would not be We thought what we had, as the the coalition that worked with me for willing to say: If we are going to raise Democratic leadership, is better than a years to put that into place. the debt limit, we are going to do it budget. We had actual spending con- Again, there will be no offset. There under the regular order. trols, but that wasn’t enough for the is no reason to need an offset. We have The PRESIDING OFFICER. The Sen- Republicans. They knew we had spend- the $11 billion, thanks to the good ator from Louisiana. ing controls, but they still went on work of many people in this Chamber Ms. LANDRIEU. Madam President, I ‘‘Fox News’’ and everywhere else ex- and on the other side of this Capitol, to was going to talk about the tornadoes, plaining to people that we had no budg- provide this funding for these disasters. but I will take a moment to respond to et and inferred there were no controls. I know FEMA is on the ground. They my colleague from Utah. And that is patently false. We had will do the best they can. There are Members objecting to spending controls. We have spending In this case, with tornado insurance, going to regular order on the budget, controls now. We have spending limits which is carried by many people in this and he is one of them. The Senator which are agreed to by Republicans and area—I am doing a little bit more re- from Utah himself is objecting to reg- Democrats, except there are a handful search into whether it is mandatory or ular order, which would allow us to go of Republicans who don’t agree with voluntary—with a combination of local to conference on the budget. He was those limits. They decided because help and State help and Federal help one of the critics when he was running they represent half of four States that and private insurance and, of course, for office. He made numerous state- they want their way or the highway, the great spirit of voluntarism, I am ments while he was on his way to be- and now the whole Congress cannot go confident that after we finish this very coming a Senator by saying that the to a conference on a budget. sad recovery and shock this commu- Senate and the House needed to have a I don’t understand this. I understand nity is going through, that we will be budget. minority rights need to be protected. I able to help them build a stronger and Well, the House has passed a budget, understand it is important to make more vibrant community of Moore, OK, the Senate has passed a budget. Yet sure everyone’s voice is heard. I under- in the future. the Senator from Utah is the one— stand everybody cannot get everything I yield the floor. along with the Senator from Kentucky, they want. I don’t understand when my The PRESIDING OFFICER. The Sen- and I understand earlier today, the colleagues—the Senator from Utah, the ator from Utah. Senator from Arizona, Senator Senator from Kentucky, and the Sen- f MCCAIN—objecting to going to con- ator from Arizona—say: No, we can’t ference to resolve the differences. BUDGET CONFERENCE go to a conference to work out the dif- I know the Senator from Utah has ferences on the budget so the United Mr. LEE. Madam President, earlier read the Constitution, just as I have. States can move more quickly to a bal- today we were asked to give our con- The Constitution and the laws that anced budget. They have complained sent to go to conference on the budget created the Senate of the United States year after year that we didn’t have a resolution. This is an important mat- give great strength to the minority— budget. It is the height of hypocrisy, ter because we have now gone more and he is in the minority. However, no- and their position is completely than 4 years without a budget. This has where in the Constitution does it say unexplainable and unacceptable. been of great concern to many of us. I one Senator from one State has the do not think there is one Member of right to write the rules and laws for I am glad I was on the floor. I came this body who would not want Congress the whole country. I read it lots of to talk about the tornado, but I am to pass a budget this year. We would times, and I have never seen that. Evi- glad I had a chance to make a state- like to see that happen. We need that. dently that is what the Senator from ment for the RECORD about why not We do, however, have a concern— Utah wants. He said if we would just do many—but there are a few—Republican some of us—with the request that we what he wants, we could proceed. leaders have stopped the entire budget go to conference without certain assur- Well, I have news for him and the process until they get their way ex- ances. Most important, we want a very Senators who are objecting. It is not actly the way they want it. That is not simple assurance that any conference about what they individually want. It the way our government works. We report that results from this con- is collectively what we want. We rep- don’t have kings anymore. We don’t ference will not be used to raise the resent all the people of our country: have dictators anymore. We don’t have debt limit. The reason for this is sim- Republicans, Democrats, conservatives, people with special powers. We are all ple. This is an important matter. At a and liberals. humans, and we are all on equal foot- time when we have racked up about $17 For 4 years this same group yelled ing. We are all elected to represent our trillion in debt, we want some assur- and screamed about not having a budg- constituents. No one in this Chamber is ances that this important decision will et. Now that we have a budget, they entitled to write the budget exactly be made under the regular order of the are yelling and screaming that they the way they want it. Senate; that the normal rules of the don’t want to work out the differences. If I wanted to do something, I could Senate will apply; that this will not be I honestly don’t know how to please say just as easily as he could: Well, I negotiated behind closed doors in a colleagues like this. We had to literally am going to object unless you promise backroom deal. The American people listen to them ranting and raving for me that X, Y, and Z are going to be in deserve more. They demand more. years about how we didn’t have a budg- the budget. I could say that, as could

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.040 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3654 CONGRESSIONAL RECORD — SENATE May 21, 2013 the Senators who sit next to me, Sen- Yes, the President is a Democrat, but have maximized the Federal, State, ator SANDERS and Senator CARPER. he has indicated what I think is very and local resources to help small busi- Every Senator could say that. We all open-minded support for entitlement nesses export, which in turn has con- have things which are very important reform when it is appropriate and addi- tributed to both business growth and to us and our constituency, but if we tional revenues that are being raised. job creation. And finally, we persevered act like that and we don’t act in a ma- The President has not put any par- and improved the women’s contracting ture and sensible way, we will never ticular line in the sand that I am aware program to put women-owned small get anything done, and that is where of. He has been quite reasonable, but he businesses on the same playing field we are now. cannot sign a budget unless we can get with other contracting programs so We have a handful of Republican Sen- it to his desk. that contracts to women are no longer ators—maybe less than five, I don’t We have three or four Senators, if capped at artificially low amounts. Re- know—who are objecting every day so they can’t get it exactly the way they cently, on May 8, marking her last we cannot take our budget to con- want it, who are going to hold up ev- time to testify before the Senate Small ference and have it reconciled. They erything. I don’t think that is what the Business Committee, Marie testified on have yelled at everybody for 4 years American people want, and I am dis- the important issue of minority women about how we didn’t have a budget. appointed in our colleagues. entrepreneurs and how essential they The only way we are going to get a I yield the floor. are to the larger economy. The testi- budget is to go to conference, have reg- mony from that hearing was moving ular order, and work out the dif- f and educational and helped raise ferences in a public meeting with pub- TRIBUTE TO MARIE C. JOHNS awareness of this growing segment of lic votes. It cannot happen behind Ms. LANDRIEU. Madam President, closed doors or in some back room job creators. next Friday, May 31, is my friend’s— It has been an honor to work with somewhere. It has to take place in a Marie C. Johns—last day as the Deputy Marie to provide help and support to public meeting, during a conference so Administrator of the U.S. Small Busi- the more than 28 million small busi- we can talk about what programs or ness Administration. She has served what levels of funding should be re- nesses in this country. During her ten- the SBA and our country’s small busi- ure, the SBA became a more effective duced, such as what revenues could po- nesses with distinction since 2010, and I tentially be raised. Then, according to Federal champion of small businesses will miss working with her. by assisting these businesses to secure our process, those directions are given Her appointment to serve as the Dep- to appropriations committees. At that financing, technical assistance, train- uty Administrator came at a critical ing, and Federal contracts. point we can do our work on building time for U.S. small businesses, when an appropriation for defense, building Ms. Johns now leaves the SBA with a the economy was recovering from the strong performance record. This Na- an appropriation for education, build- worst economic downturn since the ing an appropriation for health, and for tion’s small businesses are in a better Great Depression. The SBA needed position because of her work. Her dedi- our veterans. great leadership, and she brought to If we don’t have a budget, we cannot cation to the improvement of the the agency an impressive family his- even go to regular order on appropria- health of small businesses in the tory of entrepreneurship and profes- tions. As an appropriator, it is getting United States will always be appre- sional accomplishments. frustrating around here to not be able ciated. I thank her for her work and As she said during her confirmation to go to a regular appropriations meet- wish her well as she returns to her hearing on May 19, 2010, ‘‘ the spirit of ing and sit down as we used to do be- many civic duties. entrepreneurship has been at the core fore this new crew showed up and f of my professional and personal life.’’ talked about meeting our budget caps She described the landscaping business RETIREMENT OF ADMIRAL JAMES and how we wanted to allocate the tax- her grandfather owned in Indianapolis, STAVRIDIS payer money in a public, open meeting IN. And then later, after her uncle instead of cramming things in an omni- Mr. MCCAIN. Madam President, earned his degree in pharmacy at How- bus bill and doing deals in the middle today I honor a superb leader, scholar, ard University, her grandfather built a of the night. and warrior. After a lifetime of service If they would let us get back to reg- community pharmacy so that her uncle to our Nation, ADM James G. Stavridis ular order and do the people’s business, could practice as a pharmacist and is retiring from the U.S. Navy and his I promise that the people of Utah serve the African-American commu- position as Commander of the United would be happy, the people of Arizona nity in Indianapolis. Marie built her States European Command. On this oc- would be happy, and the people of Ken- own career in DC, starting as a first- casion, I believe it is fitting to recog- tucky would be happy. They want us to level manager in telecommunications nize Admiral Stavridis’ years of distin- get back to regular order so we can try and retiring as the president of Verizon guished uniformed service to our Na- to negotiate a budget that the major- DC. During her 20 years in communication. ity—and not even the regular majority. tions, she held numerous leadership po- The admiral is a 1976 distinguished We have to have 60 votes to do any- sitions, helping small businesses and graduate of the U.S. Naval Academy. thing around here. Before a conference entrepreneurs. To name just one, she He has led at every level from com- committee can come back, there has to served as the chair of the Small Busi- mand-at-sea to theater command. Ad- be a broad understanding of what was ness Committee for the DC Chamber of miral Stavridis has also served as a going to be in that conference. Commerce, helping small businesses strategic planner for the Chief of Naval I have one final argument. I could obtain technical assistance and men- Operations and the Chairman of the understand a little trepidation on the toring from larger firms. Joint Chiefs of Staff, and as the senior part of the minority if they were not in During her time as the SBA Deputy military assistant to the Secretary of control of the House, but the Repub- Administrator, Marie and I have en- Defense. Prior to assuming command licans have control of the House, and joyed a strong working relationship, of the United States European Com- the Democrats have control of the Sen- which has allowed us, alongside Admin- mand, he commanded the U.S. South- ate. I mean, I could understand their istrator Karen Mills, to achieve a num- ern Command, focused on Latin Amer- concern if one party had the majority ber of substantial accomplishments. ica and the Caribbean. Admiral in both the Senate and the House. They Most significantly, we passed the land- Stavridis assumed command of Euro- might be concerned that what comes mark Small Business Jobs Act of 2010 pean Command on June 30, 2009, the out of conference could get rammed that provided billions of dollars of first naval officer to hold this com- down and the minority could be caught loans and investment capital to Amer- mand. off balance. The minority controls the ica’s entrepreneurs. In 2011 and 2012, Admiral Stavridis’ contributions to House. This is as fair a fight as they the SBA issued its first and second scholarship are also notable. He has are going to have with one party con- rounds of State Trade and Export Pro- graduated with distinction from the trolling one and one party controlling motion, STEP, grants to 47 States and Naval Academy, the Naval War Col- the other. four territories. These STEP grants lege, the National War College, and the

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.042 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3655 Fletcher School at Tufts University, at Iowa State, and we had just passed a the ideal that politics and public serv- where he earned a doctorate of philos- resolution urging the admission of ice are honorable callings. He always ophy in international relations. He has Communist China to the United Na- said to me: Don’t worry about losing, been frequently published by many tions. Of course, this could have been do what is right, stick up for your prin- publications, including Foreign Affairs, an embarrassment to the Smith cam- ciples. and the United States Naval Institute’s paign. But to his great credit, E.B. I feel truly blessed to have had the Proceedings. Admiral Stavridis was said: ‘‘That is your call, Tom, stick to friendship and counsel of E.B. Smith even featured in a 2012 TED Global your guns, I’ll stand by you.’’ That is for so many years. He touched not only where he spoke about the future of the kind of principled person he was. my life, but the lives of so many others global security. During the campaign, E.B. went to all across the globe. He died one day His leadership has been consistently Washington to have his endorsement short of his 93rd birthday, after a full, recognized formally and informally, to photograph taken with President Ken- active, and accomplished life. Through include the Battenberg Cup for the top nedy. There is a picture of E.B. pre- his scholarship, generosity, and simple ship in the Atlantic Fleet, and the senting JFK with a copy of his schol- human decency, he made the world a John Paul Jones Award for inspira- arly biography of Senator Thomas Hart better place. tional leadership. Admiral Stavridis’ Benton, titled ‘‘Magnificent Missou- f impact on the sailors and the fleet has rian.’’ The reason E.B. chose this gift, been indelible. He is the author or co- of course, was that Thomas Hart Ben- ADDITIONAL STATEMENTS author of seminal works on naval lead- ton was one of the eight Senators that ership, including ‘‘Command At Sea.’’ Kennedy included in his book ‘‘Profiles His impact on soldiers, sailors, airmen, OBSERVING POLYNESIAN FLAG in Courage.’’ DAY and marines will continue well into the E.B. lost that 1962 election, but only future. very narrowly, against the longtime in- ∑ Mr. BEGICH. Madam President, I Our Navy and our Nation will feel his cumbent Senator Bourke B. would like to take the time to recog- absence. I join many past and present Hickenlooper. But that campaign was nize Polynesian Flag Day. This day members of the Senate Armed Services revealing of the kind of man he was: a commemorates the first raising of the Committee in my gratitude to ADM straight-shooter, a person of great in- American Flag on the Tutuila Island in James Stavridis for his outstanding tegrity, serious but with a sense of American Samoa by the United States leadership and his unwavering support humor, a fighter for the little guy, Navy on April 17, 1900. of servicemembers. I wish him and his standing up for civil rights and eco- An annual Polynesian Flag Day wife Laura ‘‘fair winds and following nomic justice. event was established to bring Polyne- seas.’’ Fast forward a decade. In 1972, I was sian elders, children families, friends, f fresh out of law school. Ruth and I and communities together across Alas- REMEMBERING DR. ELBERT B. moved back to Ames, and, frankly, we ka to celebrate, respect, and share SMITH were flat broke. E.B. allowed us to live their culture and history together. Pol- rent free in a house that he owned in ynesian Flag Day is a time to recognize Mr. HARKIN. Madam President, with Ames. With that house as campaign the Polynesian community’s years of the recent death of Dr. Elbert B. headquarters, I ran for Congress again nationality, freedom, and honor, and to Smith—known to his friends simply as commend the service of Polynesian ‘‘E.B.’’—I lost a much beloved mentor, in 1972, with a student-run, insurgent campaign modeled after E.B.’s 1962 ef- Americans who have fought and are advisor, and friend. fighting for the freedoms that we all Obituaries in the Washington Post fort. I lost, but we did well enough to hold dear. and elsewhere have captured the essen- run again in 1974, and win. This year marks the 8th Annual Pol- tial facts of his life. Since 1990, he was When I arrived in Washington in late ynesian Flag Day celebration in Alas- professor emeritus at the University of 1974 as a newly elected Representative, Maryland. He served in the Navy in E.B. and his wife Jean were living in ka, highlighting a proud cultural ex- World War II, earned his master’s de- College Park, where he was teaching at change between Alaska and the Poly- gree and Ph.D. at the University of the University of Maryland. My wife nesian Islands. The Polynesian Asso- Chicago, and taught at Iowa State Uni- Ruth was serving then as Story County ciation of Alaska promotes community versity, among other colleges, before attorney, and had to stay back in Iowa. building, fosters leadership skills for joining the faculty at Maryland in 1968. The Smiths generously allowed me to Alaskan youth, and helps cultivate an Over the years, he also served as a Ful- live with them for the next 3 years. I exchange of ideas and respect between bright professor at the University of commuted back to Iowa on weekends. elders and youth, further strength- Tokyo and at Moscow State Univer- From his days in the Navy, E.B. ening our communities. sity, and elsewhere. He ran unsuccess- loved to sail and was an expert sailor. I join the Alaska Polynesian commu- fully for the U.S. Senate as a Democrat Many a time he took me out on the nity in celebrating the 8th Annual Pol- in Iowa in 1962 and again in 1966. Chesapeake Bay on his boat. I always ynesian Flag Day in Alaska. What those factual obituaries fail to felt that he liked it best when the Thank you for allowing me to take a capture is the spirit of this remarkable weather was cold and foul, with the moment to recognize this year’s Poly- man—his personal warmth, his talent rain pouring down. The rest of us would nesian Flag Day.∑ for friendship, his great love of history be huddled down below, and E.B. would f be up top, steering the boat, having a and scholarship, and his passion for TRIBUTE TO JOSEPH CARTER great time. It reminded him fondly of progressive causes. CORBIN He was one of the most influential his days as a Navy deck officer in the people in my life, beginning in my Atlantic during the war. Over the dec- ∑ Mr. PRYOR. Madam President, it is years as an undergraduate at Iowa ades during my time here in Wash- with the greatest pleasure that I wish State University, where he was a his- ington, one of my great joys has been to pay tribute to Professor Joseph Car- tory professor. He inspired me to get my sailing outings with E.B. ter Corbin, founder and first president involved in politics and public service. Of course, the other great joy of of the University of Arkansas at Pine When he ran for the U.S. Senate in E.B.’s life was Jean, his wife of 58 Bluff. 1962, I got involved in his campaign. years, their five children, nine grand- Joseph Carter Corbin, an African- And what a campaign it was—an un- children, and eight great-grand- American educator, was born in 1833 in conventional, insurgent, student-run children. After Jean died in 2002, E.B. the town of Chillicothe, OH, to free campaign against the status quo. This found another wonderful partner—coin- parents, William and Susan Corbin. was 6 years before Senator Eugene cidentally, also named Jean—who After earning two master’s degrees McCarthy ran a similar campaign for filled his last years with much happi- from Ohio University, Joseph Corbin President. ness. moved his family to Little Rock, AR in While working on his campaign, I E.B. Smith was a dear friend and an 1872, where he worked as a reporter for was also president of Young Democrats invaluable mentor. He imbued me with the Arkansas Republican.

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.004 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3656 CONGRESSIONAL RECORD — SENATE May 21, 2013 Corbin quickly became a leader and EXECUTIVE AND OTHER Environmental Protection Agency, transmit- strong advocate for public education in COMMUNICATIONS ting, pursuant to law, the report of a rule en- Arkansas. Within a year of moving to titled ‘‘Approval and Promulgation of Imple- The following communications were mentation Plans; Tennessee; Transportation Little Rock, he was elected State su- laid before the Senate, together with Conformity Revisions’’ (FRL No. 9814–5) re- perintendent of public instruction, be- accompanying papers, reports, and doc- ceived in the Office of the President of the coming the highest elected African- uments, and were referred as indicated: Senate on May 15, 2013; to the Committee on American official in Arkansas during EC–1549. A communication from the Sec- Environment and Public Works. Reconstruction. As State super- retary of the Commodity Futures Trading EC–1559. A communication from the Direc- intendent, he signed the contract for Commission, transmitting, pursuant to law, tor of the Regulatory Management Division, construction of University Hall, which the report of a rule entitled ‘‘Dual and Mul- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- would become the first building at the tiple Associations of Persons Associated with Swap Dealers, Major Swap Participants titled ‘‘Approval and Promulgation of Imple- University of Arkansas and known mentation Plans; Tennessee; Revisions to today as Old Main. and Other Commission Registrants’’ (RIN3038–AD66) received in the Office of the Volatile Organic Compound Definition’’ Joseph Corbin was instrumental in President of the Senate on May 15, 2013; to (FRL No. 9814–3) received in the Office of the the adoption of legislation in the Ar- the Committee on Agriculture, Nutrition, President of the Senate on May 15, 2013; to the Committee on Environment and Public kansas State Assembly to establish and Forestry. Branch Normal College, the first Afri- EC–1550. A communication from the Direc- Works. EC–1560. A communication from the Pro- tor of the Regulatory Management Division, can-American institution of higher gram Manager, Centers for Medicare and Environmental Protection Agency, transmit- education in Arkansas. He was ap- Medicaid Services, Department of Health ting, pursuant to law, the report of a rule en- pointed the first president of Branch and Human Services, transmitting, pursuant titled ‘‘Streptomycin; Pesticide Tolerances to law, the report of a rule entitled ‘‘State Normal College in 1875, a position he for Emergency Exemptions’’ (FRL No. 9385–3) Medicaid Fraud Control Units; Data Mining’’ would hold until his retirement in 1902. received in the Office of the President of the (42 CFR Parts 1007.1, 1007.17, 1007.19 (e)(2)) re- Professor Corbin died on January 11, Senate on May 15, 2013; to the Committee on ceived in the Office of the President of the 1911, in Pine Bluff, AR. His dedication Agriculture, Nutrition, and Forestry. Senate on May 16, 2013; to the Committee on EC–1551. A communication from the Chair- to improving education standards and Finance. higher learning in Arkansas continues man of the Nuclear Weapons Council, trans- EC–1561. A communication from the Acting to have a positive impact on our State. mitting, pursuant to law, a report relative to Assistant Secretary, Bureau of Political- the President’s budget requests for the Na- The University of Arkansas at Pine Military Affairs, Department of State, trans- tional Nuclear Security Administration for mitting, pursuant to law, an addendum to a Bluff currently enrolls more than 3,100 fiscal year 2014; to the Committee on Armed students in undergraduate and post- certification, transmittal number: DDTC 13– Services. 057, of the proposed sale or export of defense EC–1552. A communication from the Assist- graduate programs and continues to be articles and/or defense services to a Middle ant Secretary of Defense (Legislative Af- one of Arkansas’s premiere colleges. East country regarding any possible affects Arkansas has been fortunate to have fairs), transmitting legislative proposals and such a sale might have relating to Israel’s had an educator of the caliber of Jo- accompanying reports relative to the Na- Qualitative Military Edge over military seph Carter Corbin.∑ tional Defense Authorization Act for Fiscal threats to Israel; to the Committee on For- Year 2014; to the Committee on Armed Serv- eign Relations. f ices. EC–1562. A communication from the Acting EC–1553. A communication from the Sec- Assistant Secretary, Legislative Affairs, De- MESSAGE FROM THE HOUSE retary of the Treasury, transmitting, pursu- partment of State, transmitting, pursuant to ant to law, a report on the continuation of law, the report of a Determination and Cer- At 12:35 p.m., a message from the the national emergency that was originally tification under Section 40A of the Arms Ex- House of Representatives, delivered by declared in Executive Order 13405 of June 16, port Control Act relative to countries not Mrs. Cole, one of its reading clerks, an- 2006, with respect to Belarus; to the Com- cooperating fully with United States nounced that the House has passed the mittee on Banking, Housing, and Urban Af- antiterrorism efforts; to the Committee on fairs. Foreign Relations. following bills, in which it requests the EC–1554. A communication from the Sec- concurrence of the Senate: EC–1563. A communication from the Acting retary of the Treasury, transmitting, pursu- Assistant Secretary, Legislative Affairs, De- H.R. 258. An act to amend title 18, United ant to law, a six-month periodic report on partment of State, transmitting, pursuant to States Code, with respect to fraudulent rep- the national emergency with respect to Iran law, the report of a rule entitled ‘‘Visas: resentations about having received military that was declared in Executive Order 12170 Documentation of Immigrants Under the Im- decorations or medals. on November 14, 1979; to the Committee on migration and Nationality Act, as Amended’’ H.R. 1073. An act to amend title 18, United Banking, Housing, and Urban Affairs. (RIN1400–AC86) received in the Office of the States Code, to provide for protection of EC–1555. A communication from the Assist- President of the Senate on May 15, 2013; to maritime navigation and prevention of nu- ant Secretary for Legislative Affairs, De- the Committee on Foreign Relations. clear terrorism, and for other purposes. partment of the Treasury, transmitting, pur- EC–1564. A communication from the Acting suant to law, a report relative to material Assistant Secretary, Office of Legislative Af- f violations or suspected material violations fairs, Department of State, transmitting, of regulations relating to Treasury auctions pursuant to law, a report relative to loan MEASURES REFERRED and other Treasury securities offerings for guarantees to Israel; to the Committee on The following bill was read the first the period of January 1, 2012 through Decem- Foreign Relations. ber 31, 2012; to the Committee on Banking, EC–1565. A communication from the Assist- and the second times by unanimous Housing, and Urban Affairs. ant Legal Adviser for Treaty Affairs, Depart- consent, and referred as indicated: EC–1556. A communication from the Direc- ment of State, transmitting, pursuant to the H.R. 1073. An act to amend title 18, United tor of the Regulatory Management Division, Case-Zablocki Act, 1 U.S.C. 112b, as amended, States Code, to provide for protection of Environmental Protection Agency, transmit- the report of the texts and background state- maritime navigation and prevention of nu- ting, pursuant to law, the report of a rule en- ments of international agreements, other clear terrorism, and for other purposes; to titled ‘‘Heavy-Duty Engine and Vehicle, and than treaties (List 2013–0074—2013–0083); to the Committee on the Judiciary. Nonroad Technical Amendments’’ (FRL No. the Committee on Foreign Relations. 9772–3) received in the Office of the President EC–1566. A communication from the Chair- f of the Senate on May 15, 2013; to the Com- man and Chief Executive Officer, Farm Cred- mittee on Environment and Public Works. it Administration, transmitting, pursuant to MEASURES READ THE FIRST TIME EC–1557. A communication from the Direc- law, the Administration’s Semiannual Re- The following bills were read the first tor of the Regulatory Management Division, port of the Inspector General and the Semi- Environmental Protection Agency, transmit- annual Management Report on the Status of time: ting, pursuant to law, the report of a rule en- Audits for the period from October 1, 2012 H.R. 45. An act to repeal the Patient Pro- titled ‘‘Approval and Promulgation of Imple- through March 31, 2013; to the Committee on tection and Affordable Care Act and health mentation Plans; Georgia; State Implemen- Homeland Security and Governmental Af- care-related provisions in the Health Care tation Plan Miscellaneous Revisions’’ (FRL fairs. and Education Reconciliation Act of 2010. No. 9813–8) received in the Office of the Presi- EC–1567. A communication from the Dep- S. 1003. A bill to amend the Higher Edu- dent of the Senate on May 15, 2013; to the uty Assistant Administrator, Office of Diver- cation Act of 1965 to reset interest rates for Committee on Environment and Public sion Control, Drug Enforcement Agency, De- new student loans. Works. partment of Justice, transmitting, pursuant S. 1004. A bill to permit voluntary eco- EC–1558. A communication from the Direc- to law, the report of a rule entitled ‘‘Sched- nomic activity. tor of the Regulatory Management Division, ules of Controlled Substances: Temporary

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MY6.026 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3657 Placement of Three Synthetic Cannabinoids lantic Bluefish Fishery; 2013 and 2014 Atlan- to the Committee on Banking, Housing, and Into Schedule I’’ (Docket No. DEA–373) re- tic Bluefish Specifications’’ (RIN0648–XC432) Urban Affairs. ceived in the Office of the President of the received in the Office of the President of the By Ms. MIKULSKI (for herself, Mr. Senate on May 16, 2013; to the Committee on Senate on May 16, 2013; to the Committee on CARDIN, and Ms. STABENOW): the Judiciary. Commerce, Science, and Transportation. S. 997. A bill to establish the Social Work EC–1568. A communication from the Direc- EC–1576. A communication from the Direc- Reinvestment Commission to provide inde- tor of the Regulation Policy and Manage- tor, Office of Sustainable Fisheries, Depart- pendent counsel to Congress and the Sec- ment Office of the General Counsel, Veterans ment of Commerce, transmitting, pursuant retary of Health and Human Services on pol- Health Administration, Department of Vet- to law, the report of a rule entitled ‘‘Magnu- icy issues associated with recruitment, re- erans Affairs, transmitting, pursuant to law, son-Stevens Fishery Conservation and Man- tention, research, and reinvestment in the the report of a rule entitled ‘‘Tentative Eli- agement Act Provisions; Fisheries of the profession of social work, and for other pur- gibility Determinations; Presumptive Eligi- Northeastern United States; Northeast poses; to the Committee on Health, Edu- bility for Psychosis and Other Mental Ill- Multispecies Fishery; Framework Adjust- cation, Labor, and Pensions. ness’’ (RIN2900–AN87) received in the Office ment 48’’ (RIN0648–BC27) received in the Of- By Mr. FRANKEN (for himself and Mr. of the President of the Senate on May 15, fice of the President of the Senate on May 16, BLUMENTHAL): 2013; to the Committee on Veterans’ Affairs. 2013; to the Committee on Commerce, S. 998. A bill to amend the Older Americans EC–1569. A communication from the Dep- Science, and Transportation. Act of 1965 to establish a Home Care Con- uty Chief of the Consumer and Governmental EC–1577. A communication from the Acting sumer Bill of Rights, to establish State Affairs Bureau, Federal Communications Deputy Director, Office of Sustainable Fish- Home Care Ombudsman Programs, and for Commission, transmitting, pursuant to law, eries, Department of Commerce, transmit- other purposes; to the Committee on Health, the report of a rule entitled ‘‘Implementa- ting, pursuant to law, the report of a rule en- Education, Labor, and Pensions. titled ‘‘Fisheries of the Exclusive Economic tion of Section 716 and 717 of the Commu- By Mr. CARDIN (for himself, Mr. KIRK, Zone Off Alaska; Pollock in Statistical Area nications Act of 1934, as Enacted by the Ms. MIKULSKI, and Mr. NELSON): 630 in the Gulf of Alaska’’ (RIN0648–XC581) Twenty-First Century Communications and S. 999. A bill to amend the Older Americans received in the Office of the President of the Video Accessibility Act of 2010; et. al’’ (FCC Act of 1965 to provide social service agencies Senate on May 16, 2013; to the Committee on 13–57) received in the Office of the President with the resources to provide services to Commerce, Science, and Transportation. of the Senate on May 16, 2013; to the Com- meet the urgent needs of Holocaust survivors mittee on Commerce, Science, and Transpor- f to age in place with dignity, comfort, secu- tation. REPORTS OF COMMITTEES rity, and quality of life; to the Committee on EC–1570. A communication from the Dep- Health, Education, Labor, and Pensions. uty Bureau Chief, Wireline Competition Bu- The following reports of committees By Mr. WARNER: reau, Federal Communications Commission, were submitted: S. 1000. A bill to require the Director of the transmitting, pursuant to law, the report of By Mr. HARKIN, from the Committee on Office of Management and Budget to prepare a rule entitled ‘‘Connect America Fund, Health, Education, Labor, and Pensions, a crosscut budget for restoration activities High-Cost Universal Service Report’’ with an amendment in the nature of a sub- in the Chesapeake Bay watershed, and for ((RIN3060–AF85) (DA 13–807)) received in the stitute: other purposes; to the Committee on Envi- Office of the President of the Senate on May S. 330. A bill to amend the Public Health ronment and Public Works. 16, 2013; to the Committee on Commerce, Service Act to establish safeguards and By Mr. CORNYN (for himself, Mr. KIRK, Science, and Transportation. standards of quality for research and trans- Mr. CRUZ, Mr. BLUNT, Mr. ROBERTS, EC–1571. A communication from the Asso- plantation of organs infected with human Mr. CHAMBLISS, Mr. RISCH, Mr. ciate Bureau Chief, Wireline Competition immunodeficiency virus (HIV). COATS, Mr. GRAHAM, Mr. WICKER, Bureau, Federal Communications Commis- f Mrs. FISCHER, Mr. BOOZMAN, Mr. sion, transmitting, pursuant to law, the re- CRAPO, Mr. ISAKSON, Mr. HOEVEN, Mr. port of a rule entitled ‘‘Telecommunications INTRODUCTION OF BILLS AND RUBIO, and Mr. VITTER): Carriers Eligible for Support; Lifeline and JOINT RESOLUTIONS S. 1001. A bill to impose sanctions with re- Link Up Reform’’ ((RIN3060–AF85) (FCC 13– The following bills and joint resolu- spect to the Government of Iran; to the Com- 44)) received in the Office of the President of mittee on Banking, Housing, and Urban Af- the Senate on May 16, 2013; to the Committee tions were introduced, read the first and second times by unanimous con- fairs. on Commerce, Science, and Transportation. By Mr. MENENDEZ (for himself and EC–1572. A communication from the Dep- sent, and referred as indicated: Mr. ISAKSON): uty Bureau Chief, Wireline Competition Bu- By Mrs. SHAHEEN (for herself and S. 1002. A bill to enable Federal and State reau, Federal Communications Commission, Mrs. FISCHER): chartered banks and thrifts to meet the cred- transmitting, pursuant to law, the report of S. 992. A bill to provide for offices on sex- it needs of home builders in the United a rule entitled ‘‘Connect America Fund’’ ual assault prevention and response under States, and to provide liquidity and ensure ((RIN3060–AJ92) (DA 13–598)) received in the the Chiefs of Staff of the Armed Forces, to stable credit in order to meet the need for Office of the President of the Senate on May require reports on additional offices and se- new homes in the United States; to the Com- 16, 2013; to the Committee on Commerce, lection of sexual assault prevention and re- mittee on Banking, Housing, and Urban Af- Science, and Transportation. sponse personnel, and for other purposes; to fairs. EC–1573. A communication from the Direc- the Committee on Armed Services. tor, Office of Sustainable Fisheries, Depart- By Mr. COBURN (for himself, Mr. By Mr. CORNYN: BURR, Mr. ALEXANDER, and Mr. ISAK- ment of Commerce, transmitting, pursuant S. 993. A bill to authorize and request the SON): to law, the report of a rule entitled ‘‘Magnu- President to award the Medal of Honor to S. 1003. A bill to amend the Higher Edu- son-Stevens Fishery Conservation and Man- James Megellas, formerly of Fond du Lac, cation Act of 1965 to reset interest rates for agement Act Provisions; Fisheries of the Wisconsin, and currently of Colleyville, new student loans; read the first time. Northeastern United States; Northeast Texas, for acts of valor on January 28, 1945, By Mr. PAUL: Multispecies Fishery Management; Frame- during the Battle of the Bulge in World War S. 1004. A bill to permit voluntary eco- work Adjustment 50’’ (RIN0648–BC97) re- II; to the Committee on Banking, Housing, nomic activity; read the first time. ceived in the Office of the President of the and Urban Affairs. Senate on May 16, 2013; to the Committee on By Mr. WARNER (for himself and Mr. f Commerce, Science, and Transportation. PORTMAN): EC–1574. A communication from the Direc- S. 994. A bill to expand the Federal Fund- SUBMISSION OF CONCURRENT AND tor, Office of Sustainable Fisheries, Depart- ing Accountability and Transparency Act of SENATE RESOLUTIONS ment of Commerce, transmitting, pursuant 2006 to increase accountability and trans- The following concurrent resolutions to law, the report of a rule entitled ‘‘Magnu- parency in Federal spending, and for other and Senate resolutions were read, and son-Stevens Act Provisions; Fisheries off purposes; to the Committee on Homeland Se- West Coast States; Pacific Coast Groundfish curity and Governmental Affairs. referred (or acted upon), as indicated: Fishery; Biennial Specifications and Man- By Mr. BOOZMAN (for himself and Mr. By Mrs. HAGAN: agement Measures for the 2013 Tribal and DONNELLY): S. Res. 150. A resolution to designate the Non-Tribal Fisheries for Pacific Whiting’’ S. 995. A bill to authorize the National year 2013 as the ‘‘International Year of Sta- (RIN0648–BC93) received in the Office of the Desert Storm Memorial Association to es- tistics’’; to the Committee on the Judiciary. President of the Senate on May 16, 2013; to tablish the National Desert Storm and By Mr. CASEY (for himself, Mr. the Committee on Commerce, Science, and Desert Shield Memorial as a commemorative MCCAIN, and Mr. MENENDEZ): Transportation. work in the District of Columbia, and for S. Res. 151. A resolution urging the Gov- EC–1575. A communication from the Direc- other purposes; to the Committee on Energy ernment of Afghanistan to ensure trans- tor, Office of Sustainable Fisheries, Depart- and Natural Resources. parent and credible presidential and provin- ment of Commerce, transmitting, pursuant By Ms. LANDRIEU: cial elections in April 2014 by adhering to to law, the report of a rule entitled ‘‘Fish- S. 996. A bill to improve the National Flood internationally accepted democratic stand- eries of the Northeastern United States; At- Insurance Program, and for other purposes; ards, establishing a transparent electoral

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.009 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3658 CONGRESSIONAL RECORD — SENATE May 21, 2013 process, and ensuring security for voters and kota (Mr. JOHNSON) and the Senator lated dementias, leading to better care candidates; to the Committee on Foreign Re- from New Hampshire (Ms. AYOTTE) and outcomes for Americans living lations. were added as cosponsors of S. 462, a with Alzheimer’s disease and related f bill to enhance the strategic partner- dementias. ADDITIONAL COSPONSORS ship between the United States and S. 754 Israel. S. 287 At the request of Mrs. GILLIBRAND, At the request of Mr. BEGICH, the S. 475 the name of the Senator from Rhode Is- name of the Senator from New Hamp- At the request of Mr. HARKIN, the land (Mr. REED) was added as a cospon- shire (Mrs. SHAHEEN) was added as a co- names of the Senator from Rhode Is- sor of S. 754, a bill to amend the Spe- sponsor of S. 287, a bill to amend title land (Mr. WHITEHOUSE), the Senator cialty Crops Competitiveness Act of 38, United States Code, to expand the from Maryland (Ms. MIKULSKI) and the 2004 to include farmed shellfish as spe- definition of homeless veteran for pur- Senator from Pennsylvania (Mr. cialty crops. poses of benefits under the laws admin- CASEY) were added as cosponsors of S. S. 772 istered by the Secretary of Veterans 475, a bill to reauthorize the Special At the request of Mr. NELSON, the Affairs, and for other purposes. Olympics Sport and Empowerment Act name of the Senator from Georgia (Mr. S. 309 of 2004, to provide assistance to Best CHAMBLISS) was added as a cosponsor of At the request of Mr. MCCONNELL, his Buddies to support the expansion and S. 772, a bill to amend the Federal name was added as a cosponsor of S. development of mentoring programs, Food, Drug, and Cosmetic Act to clar- 309, a bill to award a Congressional and for other purposes. ify the Food and Drug Administra- Gold Medal to the World War II mem- S. 501 tion’s jurisdiction over certain tobacco bers of the Civil Air Patrol. At the request of Mr. SCHUMER, the products, and to protect jobs and small S. 351 names of the Senator from New York businesses involved in the sale, manu- At the request of Mr. CORNYN, the (Mrs. GILLIBRAND) and the Senator facturing and distribution of tradi- name of the Senator from Illinois (Mr. from Connecticut (Mr. BLUMENTHAL) tional and premium cigars. KIRK) was added as a cosponsor of S. were added as cosponsors of S. 501, a S. 774 351, a bill to repeal the provisions of bill to amend the Internal Revenue At the request of Mr. BEGICH, the the Patient Protection and Affordable Code of 1986 to extend and increase the names of the Senator from Iowa (Mr. Care Act of providing for the Inde- exclusion for benefits provided to vol- pendent Payment Advisory Board. HARKIN), the Senator from Minnesota unteer firefighters and emergency med- (Ms. KLOBUCHAR), the Senator from Or- S. 403 ical responders. egon (Mr. MERKLEY), the Senator from At the request of Mr. CASEY, the S. 577 Minnesota (Mr. FRANKEN), the Senator name of the Senator from Connecticut At the request of Mr. NELSON, the from Wyoming (Mr. ENZI) and the Sen- (Mr. BLUMENTHAL) was added as a cosponsor of S. 403, a bill to amend the name of the Senator from New York ator from Michigan (Ms. STABENOW) Elementary and Secondary Education (Mrs. GILLIBRAND) was added as a co- were added as cosponsors of S. 774, a Act of 1965 to address and take action sponsor of S. 577, a bill to amend title bill to require the Comptroller General to prevent bullying and harassment of XVIII of the Social Security Act to of the United States to submit a report students. provide for the distribution of addi- to Congress on the effectiveness of the tional residency positions, and for Federal Communications Commission’s S. 420 other purposes. universal service reforms. At the request of Mr. ENZI, the names of the Senator from Louisiana (Mr. S. 579 S. 809 VITTER) and the Senator from West At the request of Mr. MENENDEZ, the At the request of Mrs. BOXER, the Virginia (Mr. MANCHIN) were added as name of the Senator from Oregon (Mr. name of the Senator from Maryland cosponsors of S. 420, a bill to amend the WYDEN) was added as a cosponsor of S. (Ms. MIKULSKI) was added as a cospon- Internal Revenue Code of 1986 to pro- 579, a bill to direct the Secretary of sor of S. 809, a bill to amend the Fed- vide for the logical flow of return infor- State to develop a strategy to obtain eral Food, Drug, and Cosmetic Act to mation between partnerships, corpora- observer status for Taiwan at the tri- require that genetically engineered tions, trusts, estates, and individuals ennial International Civil Aviation Or- food and foods that contain genetically to better enable each party to submit ganization Assembly, and for other engineered ingredients be labeled ac- timely, accurate returns and reduce purposes. cordingly. the need for extended and amended re- S. 650 S. 833 turns, to provide for modified due dates At the request of Ms. LANDRIEU, the At the request of Mrs. MURRAY, the by regulation, and to conform the name of the Senator from Indiana (Mr. name of the Senator from New York automatic corporate extension period COATS) was added as a cosponsor of S. (Mrs. GILLIBRAND) was added as a co- to longstanding regulatory rule. 650, a bill to amend title XXVII of the sponsor of S. 833, a bill to amend sub- S. 450 Public Health Service Act to preserve title B of title VII of the McKinney- At the request of Mr. SHELBY, the consumer and employer access to li- Vento Homeless Assistance Act to pro- name of the Senator from Texas (Mr. censed independent insurance provide education for homeless children CORNYN) was added as a cosponsor of S. ducers. and youths, and for other purposes. 450, a bill to require enhanced economic analysis and justification of reg- S. 674 S. 871 ulations proposed by certain Federal At the request of Mr. HELLER, the At the request of Mrs. MURRAY, the banking, housing, securities, and com- name of the Senator from Arkansas names of the Senator from North Caro- modity regulators, and for other pur- (Mr. PRYOR) was added as a cosponsor lina (Mr. BURR) and the Senator from poses. of S. 674, a bill to require prompt re- Louisiana (Ms. LANDRIEU) were added S. 453 sponses from the heads of covered Fed- as cosponsors of S. 871, a bill to amend At the request of Mrs. HAGAN, the eral agencies when the Secretary of title 10, United States Code, to enhance name of the Senator from Minnesota Veterans Affairs requests information assistance for victims of sexual assault (Ms. KLOBUCHAR) was added as a co- necessary to adjudicate claims for ben- committed by members of the Armed sponsor of S. 453, a bill to require that efits under laws administered by the Forces, and for other purposes. certain Federal job training and career Secretary, and for other purposes. S. 892 education programs give priority to S. 709 At the request of Mr. KIRK, the programs that lead to an industry-rec- At the request of Ms. STABENOW, the names of the Senator from New York ognized and nationally portable cre- name of the Senator from Maryland (Mr. SCHUMER) and the Senator from dential. (Ms. MIKULSKI) was added as a cospon- Delaware (Mr. COONS) were added as co- S. 462 sor of S. 709, a bill to amend title XVIII sponsors of S. 892, a bill to amend the At the request of Mrs. BOXER, the of the Social Security Act to increase Iran Threat Reduction and Syria names of the Senator from South Da- diagnosis of Alzheimer’s disease and re- Human Rights Act of 2012 to impose

VerDate Mar 15 2010 02:02 May 22, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.013 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3659 sanctions with respect to certain trans- enactment and enforcement by States AMENDMENT NO. 922 actions in foreign currencies, and for of certain laws to prevent repeat in- At the request of Mr. BARRASSO, the other purposes. toxicated driving. name of the Senator from Arizona (Mr. S. 895 S. 980 FLAKE) was added as a cosponsor of At the request of Mrs. GILLIBRAND, At the request of Mr. MENENDEZ, the amendment No. 922 intended to be pro- the name of the Senator from Rhode Is- name of the Senator from Alaska (Mr. posed to S. 954, an original bill to reauthorize agricultural programs through land (Mr. REED) was added as a cospon- BEGICH) was added as a cosponsor of S. sor of S. 895, a bill to improve the abil- 980, a bill to provide for enhanced em- 2018. ity of the Food and Drug Administra- bassy security, and for other purposes. AMENDMENT NO. 923 EINSTEIN tion to study the use of antimicrobial S. 983 At the request of Mrs. F , the names of the Senator from Rhode Is- drugs in food-producing animals. At the request of Mr. CORNYN, the land (Mr. REED) and the Senator from S. 919 name of the Senator from Oklahoma New Jersey (Mr. LAUTENBERG) were (Mr. INHOFE) was added as a cosponsor At the request of Ms. CANTWELL, the added as cosponsors of amendment No. of S. 983, a bill to prohibit the Sec- name of the Senator from Alaska (Ms. 923 intended to be proposed to S. 954, an retary of the Treasury from enforcing MURKOWSKI) was added as a cosponsor original bill to reauthorize agricultural the Patient Protection and Affordable of S. 919, a bill to amend the Indian programs through 2018. Self-Determination and Education As- Care Act and the Health Care and Edu- AMENDMENT NO. 925 sistance Act to provide further self- cation Reconciliation Act of 2010. At the request of Mrs. SHAHEEN, the S. 987 governance by Indian tribes, and for name of the Senator from Maine (Ms. At the request of Mr. SCHUMER, the other purposes. COLLINS) was added as a cosponsor of S. 942 names of the Senator from Montana amendment No. 925 intended to be pro- At the request of Mr. CASEY, the (Mr. TESTER), the Senator from Min- posed to S. 954, an original bill to reau- name of the Senator from Delaware nesota (Ms. KLOBUCHAR), the Senator thorize agricultural programs through (Mr. COONS) was added as a cosponsor from Iowa (Mr. HARKIN), the Senator 2018. from Colorado (Mr. BENNET), the Sen- of S. 942, a bill to eliminate discrimina- AMENDMENT NO. 926 ator from Washington (Mrs. MURRAY), tion and promote women’s health and At the request of Mrs. SHAHEEN, the economic security by ensuring reason- the Senator from New Mexico (Mr. name of the Senator from Alaska (Mr. UDALL), the Senator from Montana able workplace accommodations for BEGICH) was added as a cosponsor of workers whose ability to perform the (Mr. BAUCUS), the Senator from Wash- amendment No. 926 intended to be pro- functions of a job are limited by preg- ington (Ms. CANTWELL) and the Senator posed to S. 954, an original bill to reau- nancy, childbirth, or a related medical from California (Mrs. BOXER) were thorize agricultural programs through condition. added as cosponsors of S. 987, a bill to 2018. maintain the free flow of information S. 946 AMENDMENT NO. 927 to the public by providing conditions At the request of Mr. WICKER, the At the request of Mr. HELLER, the for the federally compelled disclosure names of the Senator from Idaho (Mr. name of the Senator from Georgia (Mr. of information by certain persons con- CRAPO) and the Senator from Alabama CHAMBLISS) was added as a cosponsor of nected with the news media. (Mr. SESSIONS) were added as cospon- amendment No. 927 intended to be pro- sors of S. 946, a bill to prohibit tax- S. CON. RES. 12 posed to S. 954, an original bill to reau- payer funded abortions, and for other At the request of Mr. ISAKSON, the thorize agricultural programs through purposes. name of the Senator from Alaska (Mr. 2018. BEGICH) was added as a cosponsor of S. S. 955 AMENDMENT NO. 930 Con. Res. 12, a concurrent resolution At the request of Mrs. GILLIBRAND, At the request of Mr. THUNE, the expressing the sense of the Congress name of the Senator from Arkansas the name of the Senator from Rhode Is- that our current tax incentives for re- land (Mr. REED) was added as a cospon- (Mr. BOOZMAN) was added as a cospon- tirement savings provide important sor of S. 955, a bill to amend the Public sor of amendment No. 930 intended to benefits to Americans to help plan for be proposed to S. 954, an original bill to Health Service Act to provide liability a financially secure retirement. protections for volunteer practitioners reauthorize agricultural programs S. RES. 75 at health centers under section 330 of through 2018. At the request of Mr. KIRK, the name such Act. AMENDMENT NO. 931 of the Senator from Virginia (Mr. At the request of Mrs. GILLIBRAND, S. 962 KAINE) was added as a cosponsor of S. the names of the Senator from Oregon At the request of Mr. HELLER, the Res. 75, a resolution condemning the (Mr. MERKLEY), the Senator from Alas- name of the Senator from South Caro- Government of Iran for its state-spon- ka (Mr. BEGICH) and the Senator from lina (Mr. GRAHAM) was added as a co- sored persecution of its Baha’i minor- Hawaii (Mr. SCHATZ) were added as cosponsor of S. 962, a bill to prohibit ity and its continued violation of the sponsors of amendment No. 931 pro- amounts made available by the Patient International Covenants on Human posed to S. 954, an original bill to reau- Protection and Affordable Care Act and Rights. thorize agricultural programs through the Health Care and Education Rec- S. RES. 128 2018. onciliation Act of 2010 from being At the request of Mr. HARKIN, the AMENDMENT NO. 936 transferred to the Internal Revenue names of the Senator from California At the request of Mr. BEGICH, the Service for implementation of such (Mrs. BOXER), the Senator from name of the Senator from New Hamp- Acts. Vermont (Mr. SANDERS) and the Sen- shire (Mrs. SHAHEEN) was added as a co- S. 963 ator from Massachusetts (Ms. WARREN) sponsor of amendment No. 936 intended At the request of Mr. COBURN, the were added as cosponsors of S. Res. 128, to be proposed to S. 954, an original bill name of the Senator from Mississippi a resolution expressing the sense of the to reauthorize agricultural programs (Mr. WICKER) was added as a cosponsor Senate that supporting seniors and in- through 2018. of S. 963, a bill preventing an unreal- dividuals with disabilities is an impor- AMENDMENT NO. 939 istic future Medicaid augmentation tant responsibility of the United At the request of Mrs. GILLIBRAND, plan. States, and that a comprehensive ap- the name of the Senator from Illinois S. 979 proach to expanding and supporting a (Mr. DURBIN) was added as a cosponsor At the request of Mr. LAUTENBERG, strong home care workforce and mak- of amendment No. 939 intended to be the name of the Senator from Min- ing long-term services and supports af- proposed to S. 954, an original bill to nesota (Ms. KLOBUCHAR) was added as a fordable and accessible in communities reauthorize agricultural programs cosponsor of S. 979, a bill to amend is necessary to uphold the right of sen- through 2018. chapter 1 of title 23, United States iors and individuals with disabilities in AMENDMENT NO. 940 Code, to condition the receipt of cer- the United States to a dignified quality At the request of Mrs. GILLIBRAND, tain highway funding by States on the of life. the names of the Senator from Oregon

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.023 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3660 CONGRESSIONAL RECORD — SENATE May 21, 2013 (Mr. MERKLEY), the Senator from issue is making sure that there is a ro- By Mr. CORNYN: Rhode Island (Mr. REED) and the Sen- bust process in place to get the highest S. 993. A bill to authorize and request ator from New Jersey (Mr. LAUTEN- caliber candidates into all Sexual As- the President to award the Medal of BERG) were added as cosponsors of sault Prevention and Response jobs at Honor to James Megellas, formerly of amendment No. 940 intended to be pro- the start. We firmly believe that Fond du Lac, Wisconsin, and currently posed to S. 954, an original bill to reau- changes to the military justice system of Colleyville, Texas, for acts of valor thorize agricultural programs through are critical, but we also believe that on January 28, 1945, during the Battle 2018. changing military culture will require of the Bulge in World War II; to the AMENDMENT NO. 943 transforming the process by which we Committee on Banking, Housing, and At the request of Mr. BEGICH, the fill these positions. It will also require Urban Affairs. Mr. CORNYN. Mr. President, I ask names of the Senator from Nebraska holding the leadership accountable for unanimous consent that the text of the (Mrs. FISCHER) and the Senator from selecting those individuals. bill be printed in the RECORD. Pennsylvania (Mr. CASEY) were added That is why, today, we are introducing legislation that will make the There being no objection, the text of as cosponsors of amendment No. 943 in- the bill was ordered to be printed in tended to be proposed to S. 954, an highest-level Sexual Assault Preven- the RECORD, as follows: tion and Response positions nomi- original bill to reauthorize agricultural S. 993 programs through 2018. native ones. Nominative jobs, also referred to as Be it enacted by the Senate and House of f ‘‘high visibility,’’ are given that des- Representatives of the United States of America in Congress assembled, STATEMENTS ON INTRODUCED ignation because of the caliber of per- SECTION 1. AUTHORIZATION AND REQUEST FOR BILLS AND JOINT RESOLUTIONS son needed to fill them. These are some AWARD OF MEDAL OF HONOR TO By Mrs. SHAHEEN (for herself of the most significant, challenging JAMES MEGELLAS FOR ACTS OF VALOR DURING BATTLE OF THE and Mrs. FISCHER): and highly desired positions in the military. Transitioning SAPR jobs to a BULGE. S. 992. A bill to provide for offices on (a) AUTHORIZATION.—The President is au- sexual assault prevention and response nominative process enables direct lead- thorized and requested to award the Medal of under the Chiefs of Staff of the Armed ership involvement from the com- Honor under section 3741 of title 10, United Forces, to require reports on additional mander, who would now hand-pick the States Code, to James Megellas, formerly of offices and selection of sexual assault person to fill the role. Furthermore, Fond du Lac, Wisconsin, and currently of prevention and response personnel, and there is a level of prestige that comes Colleyville, Texas, for the acts of valor de- with taking nominative jobs because scribed in subsection (b). for other purposes; to the Committee (b) ACTION DESCRIBED.—The acts of valor on Armed Services. they are recognized as premiere jobs referred to in subsection (a) are the actions Ms. SHAHEEN. Mr. President, today, within the organization. Applicants of James Megellas on January 28, 1945, in Senator FISCHER and I, rise today to know up front that these jobs will be Herresbach, Belgium, during the Battle of speak about the alarming crisis of sex- challenging and career-enhancing. As the Bulge, during World War II, when, as a ual assault within our nation’s mili- such, only the best of the best need first lieutenant in the 82d Airborne Division, tary. apply. he led a surprise and devastating attack on a much larger advancing enemy force, kill- Three particularly disturbing cases This crisis has reached a breaking ing and capturing a large number and caus- have arisen in recent weeks. First, an point that requires more than the tra- ing others to flee, single-handedly destroying Air Force Lieutenant Colonel was ar- ditional process for filling military po- an attacking German Mark V tank with two rested for sexual battery, and an Army sitions. We can no longer be com- hand-held grenades, and then leading his first sergeant is alleged to have en- fortable placing the service member in men in clearing and seizing Herresbach. gaged in sexual misconduct at Fort a SAPR position solely based upon in- (c) WAIVER OF TIME LIMITATIONS.—The award under subsection (a) may be made Flood. Finally, the Army also relieved dividual career paths and personal as- without regard to the time limitations speci- a lieutenant colonel from his post for a pirations. As proven over the last sev- fied in section 3744(b) of title 10, United domestic dispute that violated a stalk- eral weeks, there are holes in that States Code, or any other time limitation es- ing protection order. What is most con- process. We need to enact a stringent tablished by law or regulation with respect cerning is that all were responsible for application, record review and inter- to the awarding of certain medals to persons either handling sexual assault cases or view process that holds leaders ac- who served in the Army. managing policies pertaining to mili- countable for SAPR job selection and By Mr. BOOZMAN (for himself tary sexual assault. increases the likelihood of getting the and Mr. DONNELLY): We have seen three incidents of this best possible applicants. S. 995. A bill to authorize the Na- kind in a period of two weeks. The fact There is a sense of urgency sur- tional Desert Storm Memorial Associa- that the cases involved multiple serv- rounding military sexual assault that tion to establish the National Desert ices speaks volumes to the need to ele- requires answers now. Secretary Hagel Storm and Desert Shield Memorial as a vate all Sexual Assault Prevention Re- was correct in saying, ‘‘Sexual assault commemorative work in the District of sponse, SAPR, jobs to the level of im- has no place in the United States mili- Columbia, and for other purposes; to portance that they deserve. Given the tary’’ and that ‘‘the American people, the Committee on Energy and Natural challenge of addressing the sexual as- including our service members, should Resources. sault crisis, we need the best and expect a culture of absolutely no toler- Mr. BOOZMAN. Mr. President, there brightest taking on these jobs in our ance for this deplorable behavior.’’ We is currently no national memorial military today. could not agree more, but we are also dedicated to the valor and sacrifices We should take steps to ensure that of the belief that the change in culture made by those members of our Armed these jobs are on par with those that with respect to sexual assault will re- Forces who honorably fought, and in the military values most. This will ad- quire more than education and aware- some cases made the ultimate sac- dress one of the primary factors at the ness training. Our military needs to de- rifice, in Operations Desert Shield and heart of the issue—the need for cul- velop a culture that gives preeminence Desert Storm. For this reason, I am tural change in the military. It starts to jobs related to sexual assault pre- joining with Senator JOE DONNELLY to with increasing the value of Sexual As- vention. introduce the National Desert Storm sault Prevention and Response posi- We know that military leaders share and Desert Shield War Memorial Act.’’ tions and enforcing a rigorous applica- our concerns and appreciate the leader- This legislation will authorize the es- tion, intense record review and an ship demonstrated thus far. We trust tablishment of a National Desert interview process that screens appli- that they will also acknowledge the Storm and Desert Shield Memorial to cants prior to selection for those du- benefits of making SAPR jobs nomi- honor the service and sacrifice of those ties. native positions. We hope my col- who fought in Operations Desert Storm While we appreciate Secretary leagues in the Senate will take up and and Desert Shield. Hagel’s efforts to ensure that can- pass this legislation as we attempt to Mr. President, I ask unanimous con- didates for these jobs are rescreened, address the scourge that is sexual as- sent that the text of the bill be printed retrained and recertified, the bigger sault in our military. in the RECORD.

VerDate Mar 15 2010 02:06 May 22, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.024 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3661 There being no objection, the text of cial worker, I understand the critical S. 1001. A bill to impose sanctions the bill was ordered to be printed in role social workers have in the overall with respect to the Government of the RECORD, as follows: care of our population. Social workers Iran; to the Committee on Banking, S. 995 can be found in every facet of commu- Housing, and Urban Affairs. Be it enacted by the Senate and House of Rep- nity life—in hospitals, mental health Mr. CORNYN. Mr. President, I ask resentatives of the United States of America in clinics, senior centers, schools, and pri- unanimous consent that the text of the Congress assembled, vate agencies that serve individuals bill be printed in the RECORD. SECTION 1. SHORT TITLE. and families in need. They play a cru- There being no objection, the text of This Act may be cited as the ‘‘National cial role combating the social problems the bill was ordered to be printed in Desert Storm and Desert Shield War Memo- facing our nation and are essential pro- the RECORD, as follows: rial Act’’. viders in our health care system. Yet, S. 1001 SEC. 2. DEFINITIONS. there are not enough social workers to Be it enacted by the Senate and House of Rep- In this Act: meet these needs. resentatives of the United States of America in (1) ASSOCIATION.—The term ‘‘Association’’ The Dorothy I. Height and Whitney Congress assembled, means the National Desert Storm Memorial M. Young, Jr. Social Work Reinvest- SECTION 1. SHORT TITLE. Association, a corporation that is— ment Act provides research grants to This Act may be cited as the ‘‘Iran Export (A) organized under the laws of the State social workers to train the next gen- Embargo Act’’. of Arkansas; and eration of social workers; creates a So- SEC. 2. IMPOSITION OF SANCTIONS WITH RE- (B)(i) described in section 501(c)(3) of the SPECT TO THE GOVERNMENT OF Internal Revenue Code of 1986; and cial Work Reinvestment Commission; IRAN. (ii) exempt from taxation under 501(a) of authorizes workplace improvement The Iran Freedom and Counter-Prolifera- that Code. grants to identify workplace safety tion Act of 2012 (22 U.S.C. 8801 et seq.) is (2) MEMORIAL.—The term ‘‘memorial’’ issues and workforce shortage chal- amended by inserting after section 1245 the means the National Desert Storm and Desert lenges that need to be addressed to im- following: Shield Memorial authorized to be established prove the services social workers pro- ‘‘SEC. 1245A. IMPOSITION OF SANCTIONS WITH under section 3. RESPECT TO THE GOVERNMENT OF vide in our communities; and makes IRAN. SEC. 3. NATIONAL DESERT STORM AND DESERT grants available to community based ‘‘(a) FINDINGS.—Congress makes the fol- SHIELD MEMORIAL. programs of excellence to identify, lowing findings: (a) AUTHORIZATION TO ESTABLISH COM- test, and replicate effective social work ‘‘(1) The Government of Iran stands in vio- MEMORATIVE WORK.—The Association may lation of the United Nations Universal Dec- establish the National Desert Storm and interventions. I am honored to introduce this bill named after two social laration of Human Rights, adopted at Paris Desert Shield Memorial as a commemorative December 10, 1948, by denying its citizens work, on Federal land in the District of Co- visionaries, Dorothy I. Height and basic freedoms, including the freedoms of ex- lumbia to commemorate and honor the Whitney M. Young. Dorothy Height pression, religion, and peaceful assembly and members of the Armed Forces that served on was a pioneer of the civil rights move- movement, and for flagrantly abusing the active duty in support of Operation Desert ment. Like me, she began her career as rights of minorities and women. Storm or Operation Desert Shield. a case worker and continued to fight ‘‘(2) The Government of Iran remains the (b) COMPLIANCE WITH STANDARDS FOR COM- for social justice. Whitney Young, an- leading state sponsor of terrorism in the MEMORATIVE WORKS ACT.—The establishment other trailblazer of the civil rights world. That Government’s sponsorship of of the memorial under this section shall be terrorism includes recent involvement in a in accordance with chapter 89 of title 40, movement, also began his career transforming our social landscape as a so- terrorist attack in Bulgaria, a plot to blow United States Code (commonly known as the up a cafe in Washington, D.C., a plot to as- ‘‘Commemorative Works Act’’). cial worker. He helped create President sassinate United States officials in the Re- (c) USE OF FEDERAL FUNDS PROHIBITED.— Johnson’s War on Poverty and served public of Azerbaijan, and attempted terrorist (1) IN GENERAL.—Federal funds may not be as President of the National Associa- attacks in Canada and the Republic of Geor- used to pay any expense of the establishment tion of Social Workers. gia. of the memorial under this section. I believe that social work is full of ‘‘(3) The Government of Iran stands in vio- (2) RESPONSIBILITY OF ASSOCIATION.—The great opportunities, both to serve and lation of United Nations Security Council Association shall be solely responsible for Resolutions 1737 (2006), 1747 (2007), 1803 (2008), acceptance of contributions for, and pay- to lead. Social work is about puffing our values into action. Social workers and 1929 (2010) by refusing to suspend pro- ment of the expenses of, the establishment of liferation-sensitive nuclear activities, in- the memorial. are among our best and brightest, our most committed and compassionate. cluding all enrichment-related and reproc- (d) DEPOSIT OF EXCESS FUNDS.—If, on pay- essing activities and work on all heavy ment of all expenses for the establishment of They are at the frontlines of providing water-related projects. the memorial (including the maintenance care, often putting themselves in dan- ‘‘(4) The Government of Iran continues to and preservation amount required by section gerous and violent situations. Social develop ballistic missiles capable of threat- 8906(b)(1) of title 40, United States Code), or workers have the ability to provide ening the interests and allies of the United on expiration of the authority for the memo- psychological, emotional, and social States. rial under section 8903(e) of title 40, United ‘‘(5) The Government of Iran stands in vio- States Code, there remains a balance of support. Quite simply, the ability to change lives. As a social worker, I have lation of United Nations Security Council funds received for the establishment of the Resolution 1701 (2006) by its continued trans- memorial, the Association shall transmit the been on the frontlines of helping people cope with issues in their everyday fer of arms to terrorist groups in southern amount of the balance to the Secretary of Lebanon. the Interior for deposit in the account pro- lives. I started off fighting for abused ‘‘(6) The Government of Iran continues to vided for in section 8906(b)(3) of title 40, children, making sure they were placed provide arms to terrorist groups in the Gaza United States Code. in safe homes. I will continue to fight Strip. every day for our children, seniors, ‘‘(7) The Government of Iran continues to By Ms. MIKULSKI (for herself, military personnel, and families on the support the Government of Syria in carrying Mr. CARDIN, and Ms. STABE- floor of the United States Senate. out human rights abuses and crimes against NOW): The Dorothy I. Height and Whitney humanity against the people of Syria. S. 997. A bill to establish the Social M. Young, Jr. Social Work Reinvest- ‘‘(b) BLOCKING OF PROPERTY.—On and after Work Reinvestment Commission to the date that is 60 days after the date of the ment Act is supported by the National enactment of this Act, the President shall provide independent counsel to Con- Association of Social Workers. I thank gress and the Secretary of Health and block and prohibit all transactions in all Senators STABENOW and CARDIN for co- property and interests in property of a per- Human Services on policy issues asso- sponsoring this bill. son described in subsection (f) if such prop- ciated with recruitment, retention, re- erty and interests in property are in the search, and reinvestment in the profes- By Mr. CORNYN (for himself, Mr. United States, come within the United sion of social work, and for other pur- KIRK, Mr. CRUZ, Mr. BLUNT, Mr. States, or are or come within the possession poses; to the Committee on Health, ROBERTS, Mr. CHAMBLISS, Mr. or control of a United States person. ‘‘(c) FACILITATION OF CERTAIN TRANS- Education, Labor, and Pensions. RISCH, Mr. COATS, Mr. GRAHAM, ACTIONS.—The President shall prohibit the Ms. MIKULSKI. Mr. President, I rise Mr. WICKER, Mrs. FISCHER, Mr. opening, and prohibit or impose strict condi- today to introduce the Dorothy I. BOOZMAN, Mr. CRAPO, Mr. ISAK- tions on the maintaining, in the United Height and Whitney M. Young, Jr. So- SON, Mr. HOEVEN, Mr. RUBIO, States of a correspondent account or a pay- cial Work Reinvestment Act. As a so- and Mr. VITTER): able-through account by a foreign financial

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institution that the President determines S. RES. 150 S. RES. 151 has knowingly, on or after the date that is 60 Whereas more than 2,000 organizations Whereas Afghanistan’s Independent Elec- days after the date of the enactment of this worldwide have recognized 2013 as the Inter- tion Commission has affirmed that Afghani- Act, conducted or facilitated a significant national Year of Statistics, a global celebra- stan will hold presidential and provincial transaction with respect to the importation, tion and recognition of the contributions of elections in April 2014 and parliamentary sale, or transfer of goods or services from statistical science to the well-being of hu- elections in 2015; Iran on behalf of a person described in sub- mankind; Whereas Afghanistan’s current electoral section (f). Whereas the science of statistics is vital to process was established in 2004 by the Con- ‘‘(d) IMPORTATION, SALE, OR TRANSFER OF the improvement of human life because of stitution of Afghanistan; GOODS AND SERVICES FROM IRAN.—The Presi- the power of statistics to improve, enlighten, Whereas the Tokyo Mutual Accountability dent shall impose sanctions pursuant to the and understand; Framework conditions some international International Emergency Economic Powers Whereas statistics is the science of col- assistance to Afghanistan on the holding of Act (50 U.S.C. 1701 et seq.) with respect to a lecting, analyzing, and understanding data credible, inclusive, and transparent elections person if the President determines that the that permeates and bolsters all sciences; in 2014 and 2015, among other measures to person knowingly, on or after the date that Whereas statisticians contribute to the vi- improve governance; is 60 days after the date of the enactment of tality and excellence of myriad aspects of Whereas Afghanistan lacks a comprehen- this Act, imports, purchases, or transfers United States society, including the econ- sive and accurate voter registry, and pre- goods or services from a person described in omy, health care, security, commerce, edu- vious voter registration drives have resulted subsection (f). cation, and research; in duplicate or fraudulent registrations, ac- ‘‘(e) INSURANCE AND REINSURANCE.— Whereas rapidly increasing numbers of stu- cording to a report by the National Demo- ‘‘(1) IN GENERAL.—The President shall im- dents in grades K through 16 and educators cratic Institute; pose sanctions pursuant to the International are recognizing the many benefits of statis- Whereas security concerns and voter in- Emergency Economic Powers Act (50 U.S.C. tical literacy as a collection of skills to intimidation have impeded the ability of peo- 1701 et seq.) with respect to a person if the telligently cope with the requirements of ple in Afghanistan to cast votes reliably and President determines that the person know- citizenship, employment, and family; safely in past elections; ingly, on or after the date that is 60 days Whereas statisticians contribute to smart Whereas Afghan women in particular are after the date of the enactment of this Act, and efficient government through the pro- prevented from meaningful participation in provides underwriting services or insurance duction of statistical data that informs on the electoral process due to the security en- or reinsurance to a person described in sub- all aspects of our society, including popu- vironment, the scarcity of female poll work- section (f). lation, labor, education, economy, transpor- ers, and lack of awareness of women’s polit- ‘‘(2) EXCEPTION FOR UNDERWRITERS AND IN- tation, health, energy, and crime; ical rights and opportunities, according to SURANCE PROVIDERS EXERCISING DUE DILI- Whereas the goals of the International the Free and Fair Election Foundation of Af- GENCE.—The President may not impose sanc- Year of Statistics are to increase public ghanistan; tions under paragraph (1) with respect to a awareness of the power and impact of statis- Whereas Afghanistan’s 2009 presidential person that provides underwriting services tics on all aspects of society, nurture statis- election was characterized by inadequate se- or insurance or reinsurance if the President tics as a profession, especially among young curity for voters and candidates, low voter turnout, and widespread fraud, according to determines that the person has exercised due people, and promote creativity and develop- the National Democratic Institute; diligence in establishing and enforcing offi- ment in the sciences of probability and sta- Whereas Afghan officials, including Presi- cial policies, procedures, and controls to en- tistics; and dent Karzai and Attorney General Moham- sure that the person does not underwrite or Whereas throughout the year, organiza- mad Ishaq Aloko, disputed the results of Af- enter into a contract to provide insurance or tions in countries across the world will reach ghanistan’s 2010 parliamentary elections and reinsurance for a person described in sub- out to adults and children through symposia, established a Special Election Tribunal to section (f). conferences, demonstrations, workshops, investigate allegations of fraud; ‘‘(f) PERSONS DESCRIBED.—A person de- contests, school activities, exhibitions, and Whereas, following the 2010 parliamentary scribed in this subsection is any of the fol- other public events to increase awareness of lowing: elections, Democracy International’s Af- the history and importance of statistics: ghanistan Election Observation Mission con- ‘‘(1) The state and the Government of Iran, Now, therefore, be it or any political subdivision, agency, or included that comprehensive electoral reform Resolved, That the Senate— is necessary to ensure a free, fair, and cred- strumentality of that Government, including (1) designates the year 2013 as the ‘‘Inter- the Central Bank of Iran. ible election process in 2014; national Year of Statistics’’; Whereas the Honorable Hamid Karzai is ‘‘(2) Any person owned or controlled, di- (2) supports the goals and ideals of the rectly or indirectly, by that Government. the first democratically elected president of International Year of Statistics; modern Afghanistan and has served two ‘‘(3) Any person acting or purporting to (3) recognizes the necessity of educating act, directly or indirectly, for or on behalf of terms in that position; the public on the merits of the sciences, in- Whereas the Constitution of Afghanistan that Government. cluding statistics, and promoting interest in ‘‘(4) Any other person determined by the states, ‘‘No one can be elected as president the sciences among the youth of the United for more than two terms.’’; President to be described in paragraph (1), States; and Whereas President Karzai stated on Janu- (2), or (3). (4) encourages the people of the United ary 11, 2013, alongside President Barack ‘‘(g) RULE OF CONSTRUCTION.—A person de- States to participate in the International Obama, ‘‘The greatest of my achievements scribed in subsection (f) is subject to sanc- Year of Statistics through participation in [. . .] will be a proper, well-organized, inter- tions under this section without regard to appropriate programs, activities, and cere- ference-free election in which the Afghan whether the name of the person is published monies that call attention to the importance people can elect their next president.’’; in the Federal Register or incorporated into of statistics to the present and future well- Whereas, on several occasions since the the list of specially designated nationals and being of the people of the United States. late 1970s, civil war has broken out in Af- blocked persons maintained by the Office of ghanistan over the legitimacy of the Afghan Foreign Assets Control of the Department of f government; the Treasury. Whereas United States taxpayers have in- ‘‘(h) APPLICABILITY TO EXPORTS OF CRUDE SENATE RESOLUTION 151—URGING vested more than $89,500,000,000 in recon- OIL FROM IRAN.—Subsections (c) and (d) shall struction and humanitarian assistance to Af- apply with respect to the exportation, impor- THE GOVERNMENT OF AFGHANI- ghanistan since October 2001, according to tation, sale, or transfer of crude oil from STAN TO ENSURE TRANSPARENT the Special Inspector General for Afghani- Iran on and after the date that is 180 days AND CREDIBLE PRESIDENTIAL stan Reconstruction (SIGAR); after the date of the enactment of this Act.’’. AND PROVINCIAL ELECTIONS IN Whereas a democratically-elected and le- f APRIL 2014 BY ADHERING TO gitimate government that reflects the will of INTERNATIONALLY ACCEPTED the Afghan people is in the vital security in- SUBMITTED RESOLUTIONS DEMOCRATIC STANDARDS, ES- terests of Afghanistan, the United States, its TABLISHING A TRANSPARENT partners in the NATO International Security Assistance Force (ISAF), and Afghanistan’s ELECTORAL PROCESS, AND EN- neighbors; and SENATE RESOLUTION 150—TO DES- SURING SECURITY FOR VOTERS Whereas the most critical milestone for IGNATE THE YEAR 2013 AS THE AND CANDIDATES Afghanistan’s future stability is a peaceful ‘‘INTERNATIONAL YEAR OF STA- Mr. CASEY (for himself, Mr. MCCAIN, and credible transition of power through presidential elections in 2014: Now, therefore, TISTICS’’ and Mr. MENENDEZ) submitted the fol- be it Mrs. HAGAN submitted the following lowing resolution; which was referred Resolved, That the Senate— resolution; which was referred to the to the Committee on Foreign Rela- (1) affirms that the electoral process in Af- Committee on the Judiciary: tions: ghanistan should be determined and led by

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Mr. GRASSLEY (for himself, Mr. (2) expresses its strong support for cred- cials; and DONNELLY, and Mrs. FISCHER) submitted an ible, inclusive, and transparent presidential (iii) full accreditation of and access for amendment intended to be proposed by him and provincial elections in April 2014; international and domestic election observ- to the bill S. 954, supra; which was ordered to (3) urges the Government of Afghanistan to ers; and lie on the table. conduct the elections in full accordance with (C) prompt passage of legislation through SA 971. Mr. TESTER submitted an amend- the Constitution of Afghanistan, to include the Parliament of Afghanistan that codifies ment intended to be proposed by him to the maintaining the quota for women’s par- the authorities and independence of the IEC bill S. 954, supra; which was ordered to lie on liamentary participation; and an independent and impartial election the table. (4) honors the sacrifice of United States, complaints mechanism. SA 972. Mr. TESTER submitted an amend- coalition, and Afghan service members who ment intended to be proposed by him to the f have been killed or injured since October 2001 bill S. 954, supra; which was ordered to lie on in defense of the democratic rights of the Af- AMENDMENTS SUBMITTED AND the table. ghan people; PROPOSED SA 973. Mr. TESTER submitted an amend- (5) recognizes the substantial investment ment intended to be proposed by him to the made by the United States taxpayers in sup- SA 954. Mr. BEGICH submitted an amend- bill S. 954, supra; which was ordered to lie on port of stability and democracy in Afghani- ment intended to be proposed by him to the the table. stan; bill S. 954, to reauthorize agricultural pro- SA 974. Mr. BEGICH submitted an amend- (6) recognizes the contributions made by grams through 2018; which was ordered to lie ment intended to be proposed by him to the the government of President Hamid Karzai on the table. bill S. 954, supra; which was ordered to lie on to the democratic progress of Afghanistan, SA 955. Mr. MCCAIN (for himself and Mr. the table. including statements by President Karzai FLAKE) submitted an amendment intended to SA 975. Ms. HIRONO (for herself and Mr. committing to hold presidential elections in be proposed by him to the bill S. 954, supra; SCHATZ) submitted an amendment intended 2014 and not seek a third term; which was ordered to lie on the table. to be proposed by her to the bill S. 954, supra; (7) recognizes that transparent and cred- SA 956. Mr. MCCAIN (for himself, Mrs. SHA- which was ordered to lie on the table. ible elections will safeguard the legitimacy HEEN, Ms. AYOTTE, Ms. CANTWELL, Mr. SA 976. Mr. REED (for himself and Mr. of the next Afghan government and will help COBURN, Mrs. MURRAY, Mr. CRAPO, Mr. WAR- HARKIN) submitted an amendment intended prevent future violence by groups that may NER, Mr. RISCH, Mr. KIRK, Mr. INHOFE, and to be proposed by him to the bill S. 954, be ready to contest a process perceived as Mr. LAUTENBERG) submitted an amendment supra; which was ordered to lie on the table. rigged or dishonest; intended to be proposed by him to the bill S. SA 977. Mr. COWAN submitted an amend- (8) recognizes that a democratically-elect- 954, supra; which was ordered to lie on the ment intended to be proposed by him to the ed and legitimate government is as impor- table. bill S. 954, supra; which was ordered to lie on tant to ensuring the long term stability of SA 957. Mrs. FEINSTEIN (for herself and the table. Afghanistan as the successful training and Mrs. BOXER) submitted an amendment in- SA 978. Mr. MERKLEY (for himself, Mr. fielding of the Afghan National Security tended to be proposed by her to the bill S. TESTER, Mr. BLUMENTHAL, Mr. BEGICH, Mr. Forces; 954, supra; which was ordered to lie on the HEINRICH, and Mrs. BOXER) submitted an (9) urges the Government of Afghanistan to table. amendment intended to be proposed by him recognize the independence and impartiality SA 958. Mr. INHOFE submitted an amend- to the bill S. 954, supra; which was ordered to of the Independent Electoral Commission ment intended to be proposed by him to the lie on the table. (IEC) and an elections complaints mecha- bill S. 954, supra; which was ordered to lie on SA 979. Mr. SANDERS submitted an nism with clear jurisdiction over the final the table. amendment intended to be proposed by him results, and urges all parties not to interfere SA 959. Mr. INHOFE submitted an amend- to the bill S. 954, supra; which was ordered to with their deliberations; ment intended to be proposed by him to the lie on the table. (10) urges the Parliament of Afghanistan to bill S. 954, supra; which was ordered to lie on SA 980. Mr. COWAN submitted an amend- pass legislation that will establish a consult- the table. ment intended to be proposed by him to the ative and inclusive process for appointing SA 960. Mr. INHOFE (for himself and Mr. bill S. 954, supra; which was ordered to lie on elections commissioners and allowing elec- GRAHAM) submitted an amendment intended the table. SA 981. Mr. ENZI submitted an amendment tion disputes to be resolved transparently to be proposed by him to the bill S. 954, and fairly; supra; which was ordered to lie on the table. intended to be proposed by him to the bill S. (11) urges the IEC to adopt measures to SA 961. Mr. INHOFE submitted an amend- 954, supra; which was ordered to lie on the better mitigate fraud, include marginalized ment intended to be proposed by him to the table. SA 982. Mr. ENZI (for himself, Mr. JOHNSON groups, and improve electoral transparency bill S. 954, supra; which was ordered to lie on of South Dakota, and Mr. TESTER) submitted of the polling and counting process and com- the table. an amendment intended to be proposed by municate these measures clearly and con- SA 962. Mr. WICKER submitted an amend- him to the bill S. 954, supra; which was or- sistently to the people of Afghanistan; ment intended to be proposed by him to the (12) urges the Government of Afghanistan dered to lie on the table. bill S. 954, supra; which was ordered to lie on SA 983. Mr. ENZI submitted an amendment to support a credible and effective electoral the table. intended to be proposed by him to the bill S. complaints mechanism whereby its members SA 963. Mr. SANDERS submitted an 954, supra; which was ordered to lie on the are perceived as impartial, it is given the ul- amendment intended to be proposed by him table. timate authority on deciding whether a bal- to the bill S. 954, supra; which was ordered to SA 984. Mrs. FISCHER (for herself, Mr. lot or candidate is disqualified, and it has lie on the table. CARPER, and Mr. JOHANNS) submitted an the time and resources to do its work; SA 964. Mr. SANDERS submitted an amendment intended to be proposed by her (13) urges close and continuing commu- amendment intended to be proposed by him to the bill S. 954, supra; which was ordered to nication between the IEC and the Afghan Na- to the bill S. 954, supra; which was ordered to lie on the table. tional Security Forces to identify and pro- lie on the table. SA 985. Mr. THUNE (for himself, Mr. vide security for vulnerable areas of the SA 965. Mr. SANDERS (for himself and Mr. GRASSLEY, Mr. ROBERTS, and Mr. JOHANNS) country during the election period; BEGICH) submitted an amendment intended submitted an amendment intended to be pro- (14) urges the Afghan National Security to be proposed by him to the bill S. 954, posed by him to the bill S. 954, supra; which Forces to make every necessary effort to en- supra; which was ordered to lie on the table. was ordered to lie on the table. sure the safety of voters and candidates; SA 966. Mr. FRANKEN submitted an SA 986. Mr. CASEY (for himself and Mr. (15) expresses its support for the full par- amendment intended to be proposed by him HARKIN) submitted an amendment intended ticipation of Afghan civil society in the elec- to the bill S. 954, supra; which was ordered to to be proposed by him to the bill S. 954, tion process; and lie on the table. supra; which was ordered to lie on the table. (16) urges the Secretary of State to condi- SA 967. Mr. CORKER (for himself and Mr. SA 987. Mr. MORAN submitted an amend- tion financial, logistical, and political sup- MANCHIN) submitted an amendment intended ment intended to be proposed by him to the port for Afghanistan’s 2014 elections based on to be proposed by him to the bill S. 954, bill S. 954, supra; which was ordered to lie on the implementation of reforms in Afghani- supra; which was ordered to lie on the table. the table. stan including— SA 968. Mr. GRASSLEY (for himself, Mr. SA 988. Mr. MORAN (for himself and Mr. (A) increased efforts to encourage women’s JOHNSON of South Dakota, Mr. BROWN, Mr. KING) submitted an amendment intended to participation in the electoral process, in- ENZI, and Mr. JOHANNS) submitted an amend- be proposed by him to the bill S. 954, supra; cluding provisions to ensure their full access ment intended to be proposed by him to the which was ordered to lie on the table. to and security at polling stations; bill S. 954, supra; which was ordered to lie on SA 989. Mr. THUNE (for himself, Mr. ROB- (B) the implementation of measures to pre- the table. ERTS, and Mr. JOHANNS) submitted an amend- vent fraudulent registration and manipula- SA 969. Mr. GRASSLEY (for himself and ment intended to be proposed by him to the tion of the voting or counting processes, in- Mr. BROWN) submitted an amendment in- bill S. 954, supra; which was ordered to lie on cluding— tended to be proposed by him to the bill S. the table.

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SA 990. Mr. THUNE (for himself, Mr. ROB- tended to be proposed by him to the bill S. 954, supra; which was ordered to lie on the ERTS, and Mr. JOHANNS) submitted an amend- 954, supra; which was ordered to lie on the table. ment intended to be proposed by him to the table. SA 1031. Mrs. HAGAN submitted an amend- bill S. 954, supra; which was ordered to lie on SA 1012. Mr. FLAKE (for himself and Mrs. ment intended to be proposed by her to the the table. MCCASKILL) submitted an amendment in- bill S. 954, supra; which was ordered to lie on SA 991. Mr. THUNE (for himself, Mr. ROB- tended to be proposed by him to the bill S. the table. ERTS, and Mr. JOHANNS) submitted an amend- 954, supra; which was ordered to lie on the SA 1032. Mr. KING (for himself and Mr. ment intended to be proposed by him to the table. TESTER) submitted an amendment intended bill S. 954, supra; which was ordered to lie on SA 1013. Mr. FLAKE submitted an amend- to be proposed by him to the bill S. 954, the table. ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 992. Mr. FRANKEN submitted an bill S. 954, supra; which was ordered to lie on SA 1033. Mr. KING submitted an amend- amendment intended to be proposed by him the table. ment intended to be proposed by him to the to the bill S. 954, supra; which was ordered to SA 1014. Mr. FLAKE submitted an amend- bill S. 954, supra; which was ordered to lie on lie on the table. ment intended to be proposed by him to the the table. SA 993. Mr. ROCKEFELLER (for himself, bill S. 954, supra; which was ordered to lie on SA 1034. Mr. KING submitted an amend- Mr. TESTER, and Mr. JOHNSON of South Da- the table. ment intended to be proposed by him to the kota) submitted an amendment intended to SA 1015. Mr. FLAKE (for himself, Mr. bill S. 954, supra; which was ordered to lie on be proposed by him to the bill S. 954, supra; RISCH, Ms. COLLINS, Mr. CHAMBLISS, and Mr. the table. which was ordered to lie on the table. ISAKSON) submitted an amendment intended SA 1035. Mr. KING (for himself, Ms. COL- SA 994. Mr. VITTER (for himself and Mr. to be proposed by him to the bill S. 954, LINS, and Mrs. GILLIBRAND) submitted an CORNYN) submitted an amendment intended supra; which was ordered to lie on the table. amendment intended to be proposed by him to be proposed by him to the bill S. 954, SA 1016. Mr. LEE submitted an amendment to the bill S. 954, supra; which was ordered to supra; which was ordered to lie on the table. intended to be proposed by him to the bill S. lie on the table. SA 995. Mr. RUBIO submitted an amend- 954, supra; which was ordered to lie on the SA 1036. Mr. SANDERS submitted an ment intended to be proposed by him to the table. amendment intended to be proposed by him bill S. 954, supra; which was ordered to lie on SA 1017. Mr. LEE submitted an amendment to the bill S. 954, supra; which was ordered to the table. intended to be proposed by him to the bill S. lie on the table. SA 996. Mr. PRYOR (for himself and Mr. 954, supra; which was ordered to lie on the SA 1037. Mr. SANDERS submitted an WICKER) submitted an amendment intended table. amendment intended to be proposed by him to be proposed by him to the bill S. 954, SA 1018. Mr. LEE submitted an amendment to the bill S. 954, supra; which was ordered to supra; which was ordered to lie on the table. intended to be proposed by him to the bill S. lie on the table. SA 997. Mrs. FEINSTEIN submitted an 954, supra; which was ordered to lie on the SA 1038. Mr. SANDERS submitted an amendment intended to be proposed by her table. amendment intended to be proposed by him to the bill S. 954, supra; which was ordered to SA 1019. Mr. LEE submitted an amendment to the bill S. 954, supra; which was ordered to lie on the table. intended to be proposed by him to the bill S. lie on the table. SA 998. Mr. LEAHY submitted an amend- 954, supra; which was ordered to lie on the SA 1039. Mr. CRAPO (for himself and Mr. ment intended to be proposed by him to the table. RISCH) submitted an amendment intended to bill S. 954, supra. SA 1020. Mr. LEE submitted an amendment be proposed by him to the bill S. 954, supra; SA 999. Mr. COBURN (for himself, Mr. DUR- intended to be proposed by him to the bill S. which was ordered to lie on the table. BIN, and Mr. MCCAIN) submitted an amend- 954, supra; which was ordered to lie on the SA 1040. Mr. ENZI submitted an amendment intended to be proposed by him to the table. ment intended to be proposed to amendment bill S. 954, supra; which was ordered to lie on SA 1021. Mr. LEE submitted an amendment SA 925 submitted by Mrs. SHAHEEN (for her- the table. intended to be proposed by him to the bill S. self, Mr. KIRK, Mr. TOOMEY, Mr. DURBIN, Mrs. SA 1000. Mr. COBURN submitted an 954, supra; which was ordered to lie on the FEINSTEIN, Mr. ALEXANDER, Ms. AYOTTE, Mr. amendment intended to be proposed by him table. CORKER, Mr. LAUTENBERG, Mr. PORTMAN, Mr. to the bill S. 954, supra; which was ordered to SA 1022. Mr. MERKLEY submitted an COATS, Mr. MCCAIN, Mr. COONS, Mr. COBURN, lie on the table. amendment intended to be proposed by him Mr. WARNER, Mr. JOHNSON of Wisconsin, Mr. SA 1001. Mr. COBURN submitted an to the bill S. 954, supra; which was ordered to KAINE, and Mr. HELLER) and intended to be amendment intended to be proposed by him lie on the table. proposed to the bill S. 954, supra; which was to the bill S. 954, supra; which was ordered to SA 1023. Mr. COWAN (for himself, Ms. MUR- ordered to lie on the table. lie on the table. KOWSKI, Ms. COLLINS, Ms. WARREN, Mr. SA 1041. Mr. ENZI submitted an amend- SA 1002. Mr. COBURN submitted an BLUMENTHAL, Mr. WHITEHOUSE, Mr. SCHUMER, ment intended to be proposed by him to the amendment intended to be proposed by him Mr. BEGICH, Mr. LAUTENBERG, Mrs. SHAHEEN, bill S. 954, supra; which was ordered to lie on to the bill S. 954, supra; which was ordered to Mr. REED, Mr. MURPHY, Mr. MENENDEZ, Mrs. the table. lie on the table. SA 1003. Mr. COBURN submitted an GILLIBRAND, and Mr. KING) submitted an SA 1042. Mr. KING (for himself and Mr. amendment intended to be proposed by him amendment intended to be proposed by him TESTER) submitted an amendment intended to the bill S. 954, supra; which was ordered to to the bill S. 954, supra; which was ordered to to be proposed by him to the bill S. 954, lie on the table. lie on the table. supra; which was ordered to lie on the table. SA 1004. Mr. COBURN (for himself and Mr. SA 1024. Mrs. BOXER submitted an amend- SA 1043. Mr. PRYOR (for himself, Mr. MCCAIN) submitted an amendment intended ment intended to be proposed by her to the COONS, and Mr. CHAMBLISS) submitted an to be proposed by him to the bill S. 954, bill S. 954, supra; which was ordered to lie on amendment intended to be proposed by him supra; which was ordered to lie on the table. the table. to the bill S. 954, supra; which was ordered to SA 1005. Mr. COBURN (for himself and Mr. SA 1025. Mrs. BOXER (for herself, Ms. MUR- lie on the table. MCCAIN) submitted an amendment intended KOWSKI, Mr. BLUMENTHAL, Mr. BEGICH, Mr. SA 1044. Mr. UDALL of New Mexico (for to be proposed by him to the bill S. 954, HEINRICH, and Mr. TESTER) submitted an himself and Mr. HEINRICH) submitted an supra; which was ordered to lie on the table. amendment intended to be proposed by her amendment intended to be proposed by him SA 1006. Mr. COBURN submitted an amend- to the bill S. 954, supra; which was ordered to to the bill S. 954, supra; which was ordered to ment intended to be proposed by him to the lie on the table. lie on the table. bill S. 954, supra; which was ordered to lie on SA 1026. Mrs. BOXER submitted an amend- SA 1045. Mr. UDALL of New Mexico (for the table. ment intended to be proposed by her to the himself and Mr. HEINRICH) submitted an SA 1007. Mr. COBURN (for himself and Mr. bill S. 954, supra; which was ordered to lie on amendment intended to be proposed by him MCCAIN) submitted an amendment intended the table. to the bill S. 954, supra; which was ordered to to be proposed by him to the bill S. 954, SA 1027. Mrs. BOXER submitted an amend- lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed by her to the SA 1046. Mr. UDALL of New Mexico (for SA 1008. Mr. COBURN submitted an bill S. 954, supra; which was ordered to lie on himself and Mr. HEINRICH) submitted an amendment intended to be proposed by him the table. amendment intended to be proposed by him to the bill S. 954, supra; which was ordered to SA 1028. Mrs. BOXER submitted an amend- to the bill S. 954, supra; which was ordered to lie on the table. ment intended to be proposed by her to the lie on the table. SA 1009. Mr. COBURN submitted an bill S. 954, supra; which was ordered to lie on SA 1047. Mr. UDALL of New Mexico (for amendment intended to be proposed by him the table. himself and Mr. HEINRICH) submitted an to the bill S. 954, supra; which was ordered to SA 1029. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him lie on the table. amendment intended to be proposed by him to the bill S. 954, supra; which was ordered to SA 1010. Mr. COBURN submitted an to the bill S. 954, supra; which was ordered to lie on the table. amendment intended to be proposed by him lie on the table. SA 1048. Mr. UDALL of New Mexico (for to the bill S. 954, supra; which was ordered to SA 1030. Mr. WHITEHOUSE (for himself, himself and Mr. HEINRICH) submitted an lie on the table. Ms. MURKOWSKI, Mr. BEGICH, Mr. COWAN, and amendment intended to be proposed by him SA 1011. Mr. GRASSLEY (for himself and Mr. REED) submitted an amendment in- to the bill S. 954, supra; which was ordered to Mr. DONNELLY) submitted an amendment intended to be proposed by him to the bill S. lie on the table.

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Mr. BEGICH submitted an amend- KIRK, Mr. INHOFE, and Mr. LAUTEN- On page 351, between lines 12 and 13, insert ment intended to be proposed by him to the BERG) submitted an amendment in- the following: bill S. 954, supra; which was ordered to lie on tended to be proposed by him to the PART I—REAUTHORIZATION OF THE SUP- the table. bill S. 954, to reauthorize agricultural PLEMENTAL NUTRITION ASSISTANCE SA 1051. Mr. SESSIONS submitted an programs through 2018; which was or- PROGRAM amendment intended to be proposed by him dered to lie on the table; as follows: On page 390, between line 17 and 18, insert to the bill S. 954, supra; which was ordered to On page 1150, after line 15, insert the fol- the following: lie on the table. lowing: PART II—NUTRITION ASSISTANCE BLOCK SA 1052. Mr. BOOZMAN submitted an lll GRANT PROGRAM amendment intended to be proposed by him SEC. 12 . REPEAL OF DUPLICATIVE CATFISH INSPECTION PROGRAM. to the bill S. 954, supra; which was ordered to SEC. 4001A. NUTRITION ASSISTANCE BLOCK (a) IN GENERAL.—Effective on the date of lie on the table. GRANT PROGRAM. enactment of the Food, Conservation, and (a) IN GENERAL.—For each of fiscal years SA 1053. Mr. BOOZMAN submitted an Energy Act of 2008 (7 U.S.C. 8701 et seq.), sec- amendment intended to be proposed by him 2015 through 2022, the Secretary shall estab- tion 11016 of such Act (Public Law 110–246; 122 lish a nutrition assistance block grant pro- to the bill S. 954, supra; which was ordered to Stat. 2130) and the amendments made by lie on the table. gram under which the Secretary shall make such section are repealed. annual grants to each participating State SA 1054. Mr. BOOZMAN submitted an (b) APPLICATION.—The Agricultural Mar- amendment intended to be proposed by him that establishes a nutrition assistance pro- keting Act of 1946 (7 U.S.C. 1621 et seq.) and gram in the State and submits to the Sec- to the bill S. 954, supra; which was ordered to the Federal Meat Inspection Act (21 U.S.C. lie on the table. retary annual reports under subsection (d). 601 et seq.) shall be applied and administered (b) REQUIREMENTS.—As a requirement of SA 1055. Mr. UDALL of New Mexico (for as if section 11016 (Public Law 110–246; 122 himself and Mr. HEINRICH) submitted an receiving grants under this section, the Gov- Stat. 2130) of the Food, Conservation, and ernor of each participating State shall cer- amendment intended to be proposed by him Energy Act of 2008 (7 U.S.C. 8701 et seq.) and to the bill S. 954, supra; which was ordered to tify that the State nutrition assistance pro- the amendments made by such section had gram includes— lie on the table. not been enacted. SA 1056. Mr. VITTER submitted an amend- (1) work requirements; ment intended to be proposed by him to the SA 957. Mrs. FEINSTEIN (for herself (2) mandatory drug testing; bill S. 954, supra; which was ordered to lie on (3) verification of citizenship or proof of and Mrs. BOXER) submitted an amend- lawful permanent residency of the United the table. ment intended to be proposed by her to SA 1057. Mrs. FEINSTEIN (for herself, Ms. States; and COLLINS, Mr. BLUMENTHAL, Ms. CANTWELL, the bill S. 954, to reauthorize agricul- (4) limitations on the eligible uses of bene- Mr. MERKLEY, Mrs. BOXER, and Mr. CARDIN) tural programs through 2018; which was fits that are at least as restrictive as the submitted an amendment intended to be pro- ordered to lie on the table; as follows: limitations in place for the supplemental nu- posed by her to the bill S. 954, supra; which At the end of part IV of subtitle D of title trition assistance program established under was ordered to lie on the table. I, add the following: the Food and Nutrition Act of 2008 (7 U.S.C. SA 1058. Mr. WHITEHOUSE (for himself SEC. 1482. INCLUSION OF CALIFORNIA AS SEPA- 2011 et seq.) as of May 31, 2013. and Mr. UDALL of New Mexico) submitted an RATE MILK MARKETING ORDER. (c) AMOUNT OF GRANT.—For each fiscal amendment intended to be proposed by him (a) INCLUSION AUTHORIZED.—On the peti- year, the Secretary shall make a grant to to the bill S. 954, supra; which was ordered to tion and approval of California dairy pro- each participating State in an amount equal lie on the table. ducers in the manner provided in section 8c to the product of— (1) the amount made available under sec- f of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Ag- tion 4002A for the applicable fiscal year; and TEXT OF AMENDMENTS ricultural Marketing Agreement Act of 1937, (2) the proportion that— SA 954. Mr. BEGICH submitted an the Secretary shall designate the State of (A) the number of legal residents in the State whose income does not exceed 100 per- amendment intended to be proposed by California as a separate Federal milk marketing order. cent of the poverty line (as defined in section him to the bill S. 954, to reauthorize (b) SPECIAL CONSIDERATIONS.—If designated 673(2) of the Community Services Block agricultural programs through 2018; under subsection (a), the order covering Cali- Grant Act (42 U.S.C. 9902(2), including any re- which was ordered to lie on the table; fornia shall have the right to reblend and vision required by such section)) applicable as follows: distribute order receipts to recognize quota to a family of the size involved; bears to On page 1150, after line 15, add the fol- value. (B) the number of such individuals in all participating States for the applicable fiscal lowing: SA 958. Mr. INHOFE submitted an SEC. 12213. DENALI COMMISSION REAUTHORIZA- year, based on data for the most recent fiscal TION. amendment intended to be proposed by year for which data is available. The first section 310 of the Denali Commis- him to the bill S. 954, to reauthorize (d) ANNUAL REPORT REQUIREMENTS.— sion Act of 1998 (42 U.S.C. 3121 note; Public agricultural programs through 2018; (1) IN GENERAL.—Not later than January 1 Law 105–277) (relating to authorization of ap- which was ordered to lie on the table; of each year, each State that receives a propriations)— as follows: grant under this section shall submit to the Secretary a report that shall include, for the (1) is redesignated as section 312; and At the end of subtitle C of title XII, add year covered by the report— (2) is amended by striking subsection (a) the following: and inserting the following: (A) a description of the structure and de- SEC. 122ll. LISTING OF LESSER PRAIRIE CHICK- sign of the nutrition assistance program of ‘‘(a) IN GENERAL.—There are authorized to ENS. be appropriated to the Commission such Notwithstanding any other provision of the State, including the manner in which sums as are necessary to carry out this title, law, the Secretary of the Interior, acting residents of the State qualify for the pro- in accordance with the purposes of this title, through the United States Fish and Wildlife gram; for fiscal year 2014 and each fiscal year Service, shall not make a decision on listing, (B) the cost the State incurs to administer thereafter.’’. or list, Lesser Prairie Chickens under the the program; Endangered Species Act of 1973 (16 U.S.C. (C) whether the State has established a SA 955. Mr. MCCAIN (for himself and 1531 et seq.) earlier than March 31, 2015. rainy day fund for the nutrition assistance Mr. FLAKE) submitted an amendment program of the State; and intended to be proposed by him to the SA 959. Mr. INHOFE submitted an (D) general statistics about participation in the nutrition assistance program. bill S. 954, to reauthorize agricultural amendment intended to be proposed by him to the bill S. 954, to reauthorize (2) AUDIT.—Each year, the Comptroller programs through 2018; which was or- General of the United States shall— dered to lie on the table; as follows: agricultural programs through 2018; (A) conduct an audit on the effectiveness of On page 1001, strike line 13 and insert the which was ordered to lie on the table; the nutritional assistance block grant pro- following: as follows: gram and the manner in which each partici- ‘‘cal years 2014 through 2018. On page 363, strike lines 7 through 12, and pating State is implementing the program; ‘‘(6) LIMITATION ON USE OF FUNDS.—None of insert ‘‘(a)(1), by striking ‘; and (C)’ and in- and the amounts made available to carry out serting’’. (B) not later than June 30, submit to the this section shall be used to construct, fund, appropriate committees of Congress a report install, or operate an ethanol blender pump SA 960. Mr. INHOFE (for himself and describing— or ethanol storage facility.’’. Mr. GRAHAM) submitted an amendment (i) the results of the audit; and

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(ii) the manner in which the State will (H) in paragraph (6), as redesignated— ‘‘(II) REQUIREMENTS.—On passage by a carry out the supplemental nutrition assist- (i) by striking ‘‘paragraph (4)’’ and insert- State legislature and signature by the Gov- ance program in the State, including eligi- ing ‘‘paragraph (2)’’; and ernor of the State of a law that elects to not bility and fraud prevention requirements. (ii) by striking ‘‘paragraphs (5) and (6)’’ participate in the applicable volume of re- (e) USE OF FUNDS.— and inserting ‘‘paragraphs (3) and (4)’’; newable fuel in accordance with this clause, (1) IN GENERAL.—A State that receives a (I) in paragraph (7), as redesignated— the Administrator shall allow a State to not grant under this section may use the grant (i) by striking ‘‘paragraph (8)’’ and insert- participate in the applicable volume of rein any manner determined to be appropriate ing ‘‘paragraph (6)’’; and newable fuel determined under clause (i). by the State to provide nutrition assistance (ii) by striking ‘‘paragraph (6)’’ each place ‘‘(III) REDUCTION.—On the election of a to the legal residents of the State. it appears and inserting ‘‘paragraph (4)’’; and State under subclause (II), the Adminis- (2) AVAILABILITY OF FUNDS.—Grant funds (J) in paragraph (9), as redesignated, by trator shall reduce the applicable volume of made available to a State under this section striking ‘‘paragraph (4)’’ and inserting renewable fuel determined under clause (i) shall— ‘‘paragraph (2)’’. by the percentage that reflects the national (A) remain available to the State for a pe- SEC. 4003A. REPEALS. gasoline consumption of the non-partici- riod of 5 years; and (a) IN GENERAL.—Effective September 30, pating State that is attributable to that (B) after that period, shall— 2014, the Food and Nutrition Act of 2008 (7 State. (i) revert to the Federal Government to be U.S.C. 2011 et seq.) is repealed. ‘‘(IV) CREDITS TO HOLD FUEL SALES HARM- deposited in the Treasury and used for Fed- (b) REPEAL OF MANDATORY FUNDING.— LESS.—On the election of a State under sub- eral budget deficit reduction; or (1) IN GENERAL.—Notwithstanding any clause (II), the Administrator shall provide (ii) if there is no Federal budget deficit, be other provision of law, effective September for the generation of credits for all gasoline used to reduce the Federal debt in such man- 30, 2014, the supplemental nutrition assist- (regardless of whether the gasoline is blend- ner as the Secretary of the Treasury con- ance program established under the Food ed) provided through a fuel terminal in the siders appropriate. and Nutrition Act of 2008 (7 U.S.C. 2011 et State to be calculated as though the gasoline SEC. 4002A. FUNDING. seq.) (as in effect prior to that date) shall were blended with the maximum allowable (a) AUTHORIZATION OF APPROPRIATIONS.— cease to be a program funded through direct ethanol content of gasoline allowed in that There is authorized to be appropriated to spending (as defined in section 250(c) of the State to apply toward the applicable volume carry out this part— Balanced Budget and Emergency Deficit of renewable fuel determined under clause (1) for fiscal year 2015, $45,500,000,000; Control Act of 1985 (2 U.S.C. 900(c)) prior to (i).’’. (2) for fiscal year 2016, $46,600,000,000; the amendment made by paragraph (2)). (3) for fiscal year 2017, $47,800,000,000; (2) DIRECT SPENDING.—Effective September SA 962. Mr. WICKER submitted an (4) for fiscal year 2018, $49,000,000,000; 30, 2014, section 250(c)(8) of the Balanced amendment intended to be proposed by (5) for fiscal year 2019, $50,200,000,000; Budget and Emergency Deficit Control Act him to the bill S. 954, to reauthorize (6) for fiscal year 2020, $51,500,000,000; of 1985 (2 U.S.C. 900(c)(8)) is amended— agricultural programs through 2018; (7) for fiscal year 2021, $52,800,000,000; and (A) in subparagraph (A), by adding ‘‘and’’ which was ordered to lie on the table; at the end; (8) for fiscal year 2022, $54,100,000,000. as follows: (b) ADJUSTMENTS TO DISCRETIONARY SPEND- (B) in subparagraph (B), by striking ‘‘; Beginning on page 169, strike line 17 and ING LIMITS.— and’’ at the end and inserting a period; and all that follows through page 170, line 16, and (1) IN GENERAL.—Section 251(c) of the Bal- (C) by striking subparagraph (C). insert the following: anced Budget and Emergency Deficit Control (3) ENTITLEMENT AUTHORITY.—Effective ‘‘(c) DIRECTION, CONTROL, AND SUPPORT.— Act of 1985 (2 U.S.C. 901(c)) is amended by September 30, 2014, section 3(9) of the Con- gressional Budget and Impoundment Control ‘‘(1) IN GENERAL.—The Director shall be striking paragraphs (5) through (10) and in- free from the direction and control of any serting the following: Act of 1974 (2 U.S.C. 622(9)) is amended— (A) by striking ‘‘means—’’ and all that fol- person other than the Secretary or the Dep- ‘‘(5) with respect to fiscal year 2016, for the uty Secretary of Agriculture. discretionary category, $1,131,500,000,000 in lows through ‘‘the authority to make’’ and ‘‘(2) ADMINISTRATIVE SUPPORT.—The Divi- new budget authority; inserting ‘‘means the authority to make’’; (B) by striking ‘‘; and’’ and inserting a pe- sion shall not receive administrative support ‘‘(6) with respect to fiscal year 2017, for the (except on a reimbursable basis) from any discretionary category, $1,178,800,000,000 in riod; and (C) by striking subparagraph (B). agency other than the Office of the Sec- new budget authority; retary. ‘‘(7) with respect to fiscal year 2018, for the (c) RELATIONSHIP TO OTHER LAW.—Any reference in this Act, an amendment made by ‘‘(3) PROHIBITION ON DELEGATION.—The Sec- discretionary category, $1,205,000,000,000 in this Act, or any other Act to the supple- retary may not delegate to any other officer new budget authority; mental nutrition assistance program shall be or employee of the Department, other than ‘‘(8) with respect to fiscal year 2019, for the considered to be a reference to the nutrition the Deputy Secretary of Agriculture or the discretionary category, $1,232,200,000,000 in assistance block grant program under this Director, the authority of the Secretary with new budget authority; part. respect to the Division.’’. ‘‘(9) with respect to fiscal year 2020, for the discretionary category, $1,259,500,000,000 in SEC. 4004A. BASELINE. Notwithstanding section 257 of the Bal- SA 963. Mr. SANDERS submitted an new budget authority; and amendment intended to be proposed by ‘‘(10) with respect to fiscal year 2021, for anced Budget and Emergency Deficit Control the discretionary category, $1,286,800,000,000 Act of 1985 (2 U.S.C. 907), the baseline shall him to the bill S. 954, to reauthorize in new budget authority.’’. assume that, on and after September 30, 2014, agricultural programs through 2018; no benefits shall be provided under the sup- (2) TECHNICAL AND CONFORMING AMEND- which was ordered to lie on the table; plemental nutrition assistance program es- MENTS.—Section 251A of the Balanced Budget as follows: tablished under the Food and Nutrition Act and Emergency Deficit Control Act of 1985 (2 On page 1150, after line 15, add the fol- U.S.C. 901A) is amended— of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that date). lowing: (A) by striking the matter preceding para- SEC. 122llll. CFTC INVESTIGATION ON EN- graph (1) and inserting the following: ‘‘Dis- SA 961. Mr. INHOFE submitted an ERGY FUTURES AND SWAPS MAR- cretionary appropriations and direct spend- amendment intended to be proposed by KETS. ing accounts shall be reduced in accordance (a) IN GENERAL.—Not later than 180 days with this section as follows:’’; him to the bill S. 954, to reauthorize after the date of enactment of this Act, the (B) by striking paragraphs (1) and (2); agricultural programs through 2018; Commodity Futures Trading Commission, in (C) by redesignating paragraphs (3) which was ordered to lie on the table; coordination with the Oil and Gas Price through (11) as paragraphs (1) through (9), reas follows: Fraud Working Group, shall carry out an in- spectively; On page 1150, after line 15, add the fol- vestigation and submit to Congress a report (D) in paragraph (2), as redesignated, by lowing: on whether any United States participant in striking ‘‘paragraph (3)’’ and inserting SEC. 12lll. STATE OPTION OF NON-PARTICIPA- the energy futures or swaps markets has en- ‘‘paragraph (1)’’; TION IN RENEWABLE FUEL STAND- gaged in price-fixing or has provided inac- (E) in paragraph (3), as redesignated, by ARD. curate information to a price reporting agen- striking ‘‘paragraph (4)’’ each place it ap- Section 211(o)(2)(B) of the Clean Air Act (42 cy for the purpose of manipulating the pub- pears and inserting ‘‘paragraph (2)’’; U.S.C. 7545(o)(2)(B)) is amended by adding at lished prices of gasoline, crude oil, heating (F) in paragraph (4), as redesignated, by the end the following: oil, diesel fuel, or jet fuel. striking ‘‘paragraph (4)’’ each place it ap- ‘‘(vi) ELECTION OF NON-PARTICIPATION BY (b) COORDINATION.—In carrying out the in- pears and inserting ‘‘paragraph (2)’’; STATE GOVERNMENT.— vestigation under subsection (a), the Com- (G) in paragraph (5), as redesignated— ‘‘(I) IN GENERAL.—For purposes of subpara- modity Futures Trading Commission shall (i) by striking ‘‘paragraph (5)’’ each place graph (A), the applicable volume of renew- coordinate with appropriate Federal agen- it appears and inserting ‘‘paragraph (3)’’; and able fuel as determined under this subpara- cies and European Union agencies. (ii) by striking ‘‘paragraph (6)’’ each place graph shall be adjusted in accordance with (c) REPORT CONTENTS.—The report under it appears and inserting ‘‘paragraph (4)’’; this clause. subsection (a) shall—

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.041 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3667 (1) include recommendations on how to prevent the market from accurately reflect- (ii) conjugation; make the pricing of gasoline, crude oil, heating the forces of supply and demand; and (iii) fermentation; ing oil, diesel fuel, and jet fuel more trans- (10) the Commodity Futures Trading Com- (iv) hybridization; parent, open, and free from manipulation, mission has a responsibility— (v) in vitro fertilization; or fraud, abuse, or excessive speculation; and (A) to ensure that the price discovery for (vi) tissue culture. (2) be published on a publicly accessible oil and gasoline accurately reflects the fun- (2) GENETICALLY ENGINEERED INGREDIENT.— Internet site of the Commodity Futures damentals of supply and demand; and The term ‘‘genetically engineered ingre- Trading Commission. (B) to take immediate action to implement dient’’ means any ingredient in any food, (d) REFERRAL TO AUTHORITIES.—If the Com- strong and meaningful position limits to reg- beverage, or other edible product that— modity Futures Trading Commission finds ulated exchange markets to eliminate exces- (A) is, or is derived from, an organism that that illegal price-fixing has occurred, the sive oil speculation. is produced through the intentional use of Commodity Futures Trading Commission (b) ACTIONS.—Notwithstanding any other genetic engineering; or shall report those findings, along with any provision of law, not later than 30 days after (B) is, or is derived from, the progeny of in- evidence, to the proper authorities. the date of enactment of this Act, the Com- tended sexual reproduction, asexual repro- modity Futures Trading Commission shall Mr. SANDERS submitted an duction, or both of 1 or more organisms de- SA 964. use the authority of the Commission (includ- scribed in subparagraph (A). amendment intended to be proposed by ing emergency powers, if necessary)— (d) RIGHT TO KNOW.—Notwithstanding any him to the bill S. 954, to reauthorize (1) to implement position limits that di- other Federal law (including regulations), a agricultural programs through 2018; minish, eliminate, or prevent excessive spec- State may require that any food, beverage, which was ordered to lie on the table; ulation in the trading of crude oil, gasoline, or other edible product offered for sale in as follows: heating oil, diesel fuel, jet fuel, and other that State have a label on the container or On page 1150, after line 15, add the fol- physical commodity derivatives, as required package of the food, beverage, or other edi- lowing: under title VII of the Dodd-Frank Wall ble product, indicating that the food, bev- SEC. 122lll. COMMODITY FUTURES TRADING Street Reform and Consumer Protection Act erage, or other edible product contains a ge- COMMISSION REGULATION OF EN- (15 U.S.C. 8301 et seq.); and netically engineered ingredient. ERGY MARKETS. (2) to curb immediately the role of exces- (e) REGULATIONS.—Not later than 1 year (a) FINDINGS.—Congress finds that— sive speculation in any contract market after the date of enactment of this Act, the (1) in 1974, the Commodity Futures Trading within the jurisdiction and control of the Commissioner of Food and Drugs and the Commission was established as an inde- Commission, on or through which energy fu- Secretary of Agriculture shall promulgate pendent agency with a mandate— tures or swaps are traded. such regulations as are necessary to carry (A) to enforce and administer the Com- out this section. modity Exchange Act (7 U.S.C. 1 et seq.); SA 965. Mr. SANDERS (for himself (f) REPORT.—Not later than 2 years after (B) to ensure market integrity; and Mr. BEGICH) submitted an amend- the date of enactment of this Act, the Com- (C) to protect market users from fraud and ment intended to be proposed by him missioner of Food and Drugs, in consultation abusive trading practices; and to the bill S. 954, to reauthorize agri- with the Secretary of Agriculture, shall sub- (D) to prevent and prosecute manipulation cultural programs through 2018; which mit a report to Congress detailing the per- of the price of any commodity in interstate centage of food and beverages sold in the commerce; was ordered to lie on the table; as follows: United States that contain genetically engi- (2) Congress declared in section 4a of the neered ingredients. Commodity Exchange Act (7 U.S.C. 6a) that On page 1150, after line 15, add the fol- excessive speculation imposes an undue and lowing: SA 966. Mr. FRANKEN submitted an unnecessary burden on interstate commerce; SEC. 12213. CONSUMERS RIGHT TO KNOW ABOUT amendment intended to be proposed by GENETICALLY ENGINEERED FOOD (3) title VII of the Dodd-Frank Wall Street him to the bill S. 954, to reauthorize Reform and Consumer Protection Act (15 ACT. U.S.C. 8301 et seq.) required the Commission (a) SHORT TITLE.—This section may be agricultural programs through 2018; to establish position limits ‘‘to diminish, cited as the ‘‘Consumers Right to Know which was ordered to lie on the table; eliminate, or prevent excessive speculation’’ About Genetically Engineered Food Act’’. as follows: (b) FINDINGS.—Congress finds that— for trading in crude oil, gasoline, heating oil, On page 993, line 20, strike ‘‘$2,000,000’’ and (1) surveys of the American public consist- diesel fuel, jet fuel, and other physical com- insert ‘‘$4,000,000’’. ently show that 90 percent or more of the modity derivatives by January 17, 2011; On page 994, line 1, strike ‘‘$3,000,000’’ and people of the United States want genetically (4) according to an article published in insert ‘‘$4,000,000’’. engineered to be labeled as such; Forbes on February 27, 2012, excessive oil On page 996, strike lines 14 and 15 and in- (2) a landmark public health study in Can- speculation ‘‘translates out into a premium sert the following: ada found that— for gasoline at the pump of $.56 a gallon’’ ‘‘(ii) $69,000,000 for each of fiscal years 2015 (A) 93 percent of pregnant women had debased on a 2012 report from Goldman Sachs; through 2018. tectable toxins from genetically engineered (5) on May 10, 2013— On page 1001, line 7, strike ‘‘$20,000,000’’ and foods in their blood; and (A) the supply of finished motor gasoline in insert ‘‘$70,000,000’’. (B) 80 percent of the babies of those women the United States was higher than the supply On page 1001, line 12, strike ‘‘$68,200,000’’ had detectable toxins in their umbilical was on May 15, 2009, when the national aver- and insert ‘‘$70,000,000’’. age price for a gallon of regular unleaded cords; On page 1002, line 6, strike ‘‘$26,000,000’’ and gasoline was less than $2.30; and (3) the tenth Amendment to the Constitu- insert ‘‘$30,000,000’’. (B) demand for finished motor gasoline in tion of the United States clearly reserves On page 1019, line 9, strike ‘‘$38,600,000’’ and the United States was lower than demand powers in the system of Federalism to the insert ‘‘$75,000,000’’. was on May 15, 2009; States or to the people; and On page 1019, strike line 17 and insert the (6) on May 17, 2013, the national average (4) States have the authority to require the following: price of regular unleaded gasoline was $3.62 a labeling of foods produced through genetic under subsection (d)(2). engineering or derived from organisms that gallon, an increase of more $1.30 per gallon ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— as compared to 2009, when finished motor have been genetically engineered. There is authorized to be appropriated to (c) DEFINITIONS.—In this section: gasoline supplies were lower and demand was carry out this section $75,000,000 for each of (1) GENETIC ENGINEERING.— higher; fiscal years 2014 through 2018.’’. (A) IN GENERAL.—The term ‘‘genetic engi- (7) the International Energy Agency fore- On page 1022, between lines 4 and 5, insert neering’’ means a process that alters an or- cast on May 14, 2013, that the global supply the following: of oil will surge by 8,400,000 barrels per day ganism at the molecular or cellular level by (e) MANDATORY FUNDING.—Section 9013 of means that are not possible under natural over the subsequent 5-year period, a pace the Farm Security and Rural Investment conditions or processes. that is significantly faster than demand, Act of 2002 (7 U.S.C. 8113) is amended by add- 2 (B) INCLUSIONS.—The term ‘‘genetic engi- with nearly ⁄3 of that increase occurring in ing at the end the following: North America; neering’’ includes— ‘‘(f) MANDATORY FUNDING.—Of the funds of (i) recombinant DNA and RNA techniques; (8) on November 3, 2011, Gary Gensler, the the Commodity Credit Corporation, the Sec- (ii) cell fusion; Chairman of the Commodity Futures Trad- retary shall use to carry out this section ing Commission testified before the Senate (iii) microencapsulation; $10,000,000 for each of fiscal years 2014 Permanent Subcommittee on Investigations (iv) macroencapsulation; through 2018.’’. that ‘‘80 to 87 percent of the [oil futures] (v) gene deletion and doubling; market’’ is dominated by ‘‘financial partici- (vi) introduction of a foreign gene; and Mr. CORKER (for himself and pants, swap dealers, hedge funds, and other (vii) changing the position of genes. SA 967. ANCHIN financials,’’ a figure that has more than dou- (C) EXCLUSIONS.—The term ‘‘genetic engi- Mr. M ) submitted an amend- bled over the prior decade; neering’’ does not include any modification ment intended to be proposed by him (9) excessive oil and gasoline speculation is to an organism that consists exclusively of— to the bill S. 954, to reauthorize agri- creating major market disturbances that (i) breeding; cultural programs through 2018; which

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.042 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3668 CONGRESSIONAL RECORD — SENATE May 21, 2013 was ordered to lie on the table; as fol- (1) United States livestock producers sup- At the end of subtitle C of title XII, add lows: ply a vital link in the food supply of the the following: On page 1022, between lines 8 and 9, insert United States, which is listed as a critical SEC. 122llllll. ANNUAL REPORT ON AGRI- the following: infrastructure by the Secretary of Homeland CULTURAL CONSOLIDATION. Security; SEC. 90ll. DOWNWARD ADJUSTMENT OF RE- (a) DEFINITIONS.—In this section: NEWABLE FUEL VOLUME. (2) domestic terrorist attacks have oc- (1) MARKET SIZE.—The term ‘‘market size’’ Section 211(o)(7)(D)(i) of the Clean Air Act curred at livestock operations across the includes the volume of the appropriate unit (42 U.S.C. 7545(o)(7)(D)(i)) is amended in the United States, endangering the lives and measurement of— second sentence— property of people of the United States; (A) slaughter volume (in head); (1) by striking ‘‘may also’’ and inserting (3) livestock operations in the United (B) purchasing volume (in bushels or hun- ‘‘shall’’; and States are largely family owned and oper- dredweight); (2) by striking ‘‘or a lesser’’. ated with most families living at the same (C) processing volume (in metric tons or location as the livestock operation; millions of pounds); and SA 968. Mr. GRASSLEY (for himself, (4) State governments and agencies are the (D) sales (in millions of pounds or dollars). Mr. JOHNSON of South Dakota, Mr. primary authority in almost all States for (2) NAICS CODE.—The term ‘‘NAICS code’’ BROWN, Mr. ENZI, and Mr. JOHANNS) the protection of water quality under the means the appropriate code of the North submitted an amendment intended to Federal Water Pollution Control Act (33 American Industrial Classification System, be proposed by him to the bill S. 954, to U.S.C. 1251 et seq.); including any subset of the code. (5) State agencies maintain records on (3) NATIONAL MARKET SHARE.—The term reauthorize agricultural programs livestock operations and have the authority through 2018; which was ordered to lie ‘‘national market share’’, in terms of the ap- to address water quality issues where need- propriate agricultural sector or subsector, on the table; as follows: ed; and means total national sales and purchases of On page 159, lines 23 and 24, strike ‘‘PEA- (6) there is no discernible environmental or agricultural and food products. NUTS AND OTHER’’. scientifically research-related need to create (4) PARENT COMPANY.—The term ‘‘parent On page 160, beginning on line 3, strike a database or other system of records of live- company’’ includes all subsidiaries and joint ‘‘for—’’ and all that follows through ‘‘1 or stock operations in the United States by the ventures of the parent company. more other’’ on line 5 and insert ‘‘for 1 or Administrator. (b) ANNUAL REPORTS.—Not later than June more’’. (b) DEFINITIONS.—In this section: 31, 2014, and each June 31 thereafter, the Sec- SA 969. Mr. GRASSLEY (for himself (1) ADMINISTRATOR.—The term ‘‘Adminis- retary shall submit to the Committee on Ag- trator’’ means the Administrator of the En- riculture of the House of Representatives and Mr. BROWN) submitted an amend- vironmental Protection Agency. and the Committee on Agriculture, Nutri- ment intended to be proposed by him (2) AGENCY.—The term ‘‘Agency’’ means tion, and Forestry of the Senate an annual to the bill S. 954, to reauthorize agri- the Environmental Protection Agency. report that includes statistics related to the cultural programs through 2018; which (3) LIVESTOCK OPERATION.—The term ‘‘live- 4 largest firms in each of the agricultural was ordered to lie on the table; as fol- stock operation’’ includes any operation in- sectors and subsectors described in sub- lows: volved in the raising or finishing of livestock section (c). On page 1150, after line 15, add the fol- and poultry. (c) CONTENTS.—Each report under sub- lowing: (c) PROCUREMENT AND DISCLOSURE OF IN- section (b) shall include, with respect to the SEC. 12ll. SPECIAL COUNSEL FOR COMPETI- FORMATION.— prior calendar year, the parent company TION MATTERS. (1) PROHIBITION.— name, national market size, and national Subtitle I of the Department of Agri- (A) IN GENERAL.—Except as provided in market share of the 4 largest firms in the culture Reorganization Act of 1994 (7 U.S.C. paragraph (2), the Administrator, any officer following sectors and subsectors: 7005) is amended by adding at the end the fol- or employee of the Agency, or any con- (1) Beef slaughter and packing (NAICS lowing: tractor or cooperator of the Agency, shall code 311611 for plants that solely slaughter ‘‘SEC. 286. OFFICE OF COMPETITION AND FAIR not disclose the information of any owner, beef cattle). PRACTICES. operator, or employee of a livestock oper- (2) Hog slaughter and packing (NAICS code ‘‘(a) IN GENERAL.—There is established ation provided to the Agency by a livestock 311611 for plants that solely slaughter hogs). within the Department of Agriculture the producer or a State agency in accordance (3) Pork processing (NAICS code 311612 for Office of Competition and Fair Practices, with the Federal Water Pollution Control plants that solely process swine meat). headed by a Special Counsel for Competition Act (33 U.S.C. 1251 et seq.) or any other law, (4) Broiler slaughter and processing Matters. including— (NAICS code 311615 for plants that solely ‘‘(b) DUTIES.—The Special Counsel shall— (i) names; slaughter and process broiler chickens for ‘‘(1) analyze mergers within the food and (ii) telephone numbers; meat). agricultural sectors, in consultation with (iii) email addresses; (5) Turkey slaughter and processing the Chief Economist of the Department of (iv) physical addresses; (NAICS code 311615 for plants that solely Agriculture, the Assistant Attorney General (v) Global Positioning System coordinates; slaughter and process turkeys). in charge of the Antitrust Division of the De- or (6) Fluid milk processing (NAICS code partment of Justice, and the Chairman of (vi) other identifying information regard- 311511). the Federal Trade Commission; and ing the location of the owner, operator, or (7) Fluid milk handling (NAICS code 484220 ‘‘(2) investigate and prosecute violations of employee. for milk hauling and NAICS code 424430 for the Packers and Stockyards Act, 1921 (7 (2) EFFECT.—Nothing in paragraph (1) af- milk, fluid (except canned), merchant whole- U.S.C. 181 et seq.). fects— salers). ‘‘(c) AUTHORIZATION FOR ADDITIONAL STAFF (A) the disclosure of information described (8) Grain and oilseed handling (NAICS code AND FUNDING.— in paragraph (1) if— 424510 for grain elevators merchant whole- ‘‘(1) ADDITIONAL STAFF.—The Special Coun- (i) the information has been transformed salers grain and soybeans merchant whole- sel shall hire sufficient employees (including into a statistical or aggregate form at the salers). antitrust and litigation attorneys, econo- county level or higher without any informa- (9) Wet corn milling (NAICS code 311221). mists, and investigators) to appropriately tion that identifies the agricultural oper- (10) Soybean crushing (NAICS code 311222). carry out the responsibilities of the Office of ation or agricultural producer; or (11) Wheat flour milling (NAICS code Competition and Fair Practices under this (ii) the livestock producer consents to the 311211). Act. disclosure; or (12) Ethanol production (fuel ethanol, wet ‘‘(2) AUTHORIZATION.—There are authorized (B) the authority of any State agency to mill process NAICS code 32519301). to be appropriated such sums as are nec- collect information on livestock operations. (13) Commodity seed manufacturing and essary to carry out paragraph (1).’’. (3) CONDITION OF PERMIT OR OTHER PRO- trait ownership for corn, soybeans, wheat SA 970. Mr. GRASSLEY (for himself, GRAMS.—The approval of any permit, prac- and cotton, including— (A) seed manufacturing (NAICS code 115114 Mr. DONNELLY, and Mrs. FISCHER) sub- tice, or program administered by the Admin- for seed processing, post-harvest for propaga- mitted an amendment intended to be istrator shall not be conditioned on the consent of the livestock producer under para- tion); and proposed by him to the bill S. 954, to graph (2)(A)(ii). (B) seed trait licensing (biotechnology re- reauthorize agricultural programs search and development laboratories or serv- through 2018; which was ordered to lie SA 971. Mr. TESTER submitted an ices in agriculture NAICS code 541711 and ag- on the table; as follows: amendment intended to be proposed by riculture research and development labora- On page 1125, after line 23, insert the fol- tories or services (except biotechnology re- lowing: him to the bill S. 954, to reauthorize search and development) NAICS code 541712). SEC. 12108. LIVESTOCK INFORMATION DISCLO- agricultural programs through 2018; (14) Fertilizer manufacturers, including— SURE. which was ordered to lie on the table; (A) phosphatic fertilizer manufacturing (a) FINDINGS.—Congress finds that— as follows: (NAICS code 325312); and

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.043 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3669 (B) nitrogenous fertilizer manufacturing which was ordered to lie on the table; food separately from other food for the appli- (NAICS code 325311). as follows: cable program, including through storage in (15) Herbicide manufacturers (NAICS code On page 177, strike line 15 and insert the a separate freezer or refrigerator or in a sep- 325320). following: arate compartment or shelf in the freezer or (16) Frozen fruit and vegetable manufac- during each fiscal year. refrigerator. turers (NAICS code 311411). ‘‘(3) RESERVATION.—Effective beginning in (17) Canned fruit and vegetable manufac- fiscal year 2015, the Secretary, to the max- SA 975. Ms. HIRONO (for herself and turers (NAICS code 311421). imum extent feasible, shall manage the con- Mr. SCHATZ) submitted an amendment (18) Grocery retailers (NAICS code 445110). servation reserve to ensure that, on an an- intended to be proposed by her to the (19) Hog stations or hog merchant whole- nual basis, not less than 20.5 percent of land salers (NAICS code 424520 for firms that sole- bill S. 954, to reauthorize agricultural maintained in the program shall be— programs through 2018; which was or- ly buy and sell hogs). ‘‘(A) described in subparagraphs (B) (20) Cattle sale barns or merchant whole- through (F) of subsection (b)(4); and dered to lie on the table; as follows: salers (NAICS code 424520 for firms that sole- ‘‘(B) enrolled under— On page 902, line 13, strike ‘‘subsections (j) ly buy and sell cattle). ‘‘(i) the special conservation reserve en- and (k)’’ and insert ‘‘subsections (k) and (l)’’. hancement program authority under section On page 918, strike line 7 and insert the fol- SA 972. Mr. TESTER submitted an 1234(f)(4); or lowing: amendment intended to be proposed by ‘‘(ii) the pilot program for the enrollment ‘‘2014 through 2018. him to the bill S. 954, to reauthorize of wetland and buffer acreage under section ‘‘(j) COFFEE PLANT HEALTH INITIATIVE.— agricultural programs through 2018; 1231B.’’. ‘‘(1) ESTABLISHMENT.—The Secretary shall which was ordered to lie on the table; establish a coffee plant health initiative to SA 974. Mr. BEGICH submitted an address the critical needs of the coffee indus- as follows: amendment intended to be proposed by On page 934, strike lines 5 through 12, and try by— him to the bill S. 954, to reauthorize ‘‘(A) developing and disseminating science- insert the following: agricultural programs through 2018; (1) in subsection (a), by adding at the end based tools and treatments to combat the the following: which was ordered to lie on the table; coffee berry borer (Hypothenemus hampei); and ‘‘(3) DEFINITIONS.—In this section: as follows: ‘‘(B) establishing an area-wide integrated ‘‘(A) CONVENTIONAL BREEDING.—The term On page 421, between lines 3 and 4, insert ‘conventional breeding’ means the develop- the following: pest management program in areas affected ment of new varieties of an organism SEC. 42lll. SERVICE OF TRADITIONAL FOODS by or areas at risk of being affected by the through controlled mating and selection IN PUBLIC FACILITIES. coffee berry borer. without the use of transgenic methods. (a) DEFINITIONS.—In this section: ‘‘(2) ELIGIBLE ENTITIES.—The Secretary may carry out the coffee plant health initia- ‘‘(B) PUBLIC BREED.—The term ‘public (1) FOOD SERVICE PROGRAM.—The term breed’ means a breed that is the commer- ‘‘food service program’’ includes— tive through— cially available uniform end product of a (A) food service at a residential child care ‘‘(A) Federal agencies, including the Agri- publicly funded breeding program that— facility with a license from an appropriate cultural Research Service and the National ‘‘(i) has been sufficiently tested to dem- State agency; Institute of Food and Agriculture; onstrate improved characteristics and sta- (B) a child nutrition program (as defined in ‘‘(B) National Laboratories; bile performance; and section 25(b) of the Richard B. Russell Na- ‘‘(C) institutions of higher education; ‘‘(ii) remains in the public domain for re- tional School Lunch Act (42 U.S.C. 1769f (b)); ‘‘(D) research institutions or organiza- search purposes. (C) food service at a hospital or clinic; and tions; ‘‘(E) private organizations or corporations; ‘‘(C) PUBLIC CULTIVAR.—The term ‘public (D) a senior meal program. cultivar’ means a cultivar that is the com- (2) INDIAN; INDIAN TRIBE.—The terms ‘‘In- ‘‘(F) State agricultural experiment sta- mercially available uniform end product of a dian’’ and ‘‘Indian tribe’’ have the meanings tions; publicly funded breeding program that— given those terms in section 4 of the Indian ‘‘(G) individuals; or ‘‘(i) has been sufficiently tested to dem- Self-Determination and Education Assist- ‘‘(H) groups consisting of 2 or more entities onstrate improved characteristics and sta- ance Act (25 U.S.C. 450b). or individuals described in subparagraphs (A) bile performance; and (3) TRADITIONAL FOOD.— through (G). ‘‘(ii) remains in the public domain for re- (A) IN GENERAL.—The term ‘‘traditional ‘‘(3) PROJECT GRANTS AND COOPERATIVE search purposes.’’; food’’ means food that has traditionally been AGREEMENTS.—In carrying out this sub- (2) in subsection (b)— prepared and consumed by an Indian tribe. section, the Secretary shall— (A) in paragraph (2)— (B) INCLUSIONS.—The term ‘‘traditional ‘‘(A) enter into cooperative agreements (i) in subparagraph (A)(iii), by striking food’’ includes— with eligible entities, as appropriate; and ‘‘conventional breeding, including cultivar (i) wild game meat; ‘‘(B) award grants on a competitive basis. and breed development,’’ and inserting ‘‘pub- (ii) fish; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— lic cultivar development through conven- (iii) seafood; and There is authorized to be appropriated to tional breeding with no requirement or pref- (iv) plants. carry out this subsection $2,000,000 for each erence for the use of marker-assisted or (b) PROGRAM.—Notwithstanding any other of fiscal years 2014 through 2018.’’; provision of law, on the request of a Gov- genomic selection methods, including’’; and On page 918, line 8, strike ‘‘subsection (j)’’ ernor of a State, the Secretary shall allow (ii) in subparagraph (B)(iv), by striking and insert ‘‘subsection (k)’’. the donation to and serving of traditional ‘‘conventional breeding, including breed de- On page 918, line 11, strike ‘‘subsection (k)’’ food through a food service program at a velopment,’’ and inserting ‘‘public breed de- and insert ‘‘subsection (l)’’. public facility or a nonprofit that primarily velopment through conventional breeding serves Indians if the operator of the food with no requirement or preference for the service program— SA 976. Mr. REED (for himself and use of marker-assisted or genomic selection (1) ensures that the food is received whole, Mr. HARKIN) submitted an amendment methods, including’’; gutted, gilled, as quarters, or as a roast, intended to be proposed by him to the (B) in paragraph (4)(A), by inserting ‘‘, in- without further processing; bill S. 954, to reauthorize agricultural cluding by conducting each fiscal year at (2) makes a reasonable determination least 1 separate request for applications for programs through 2018; which was or- that— dered to lie on the table; as follows: grants for research on public cultivar devel- (A) the animal was not diseased; opment through conventional breeding as de- (B) the food was butchered, dressed, trans- At the end of title XII, add the following: scribed in paragraph (2)’’ before the semi- ported, and stored to prevent contamination, Subtitle D—Student Loan Affordability Act colon at the end; and undesirable microbial growth, or deteriora- SEC. 12301. SHORT TITLE. (C) in paragraph (11)(A)— tion; and This subtitle may be cited as the ‘‘Student (i) in the matter preceding clause (i), by (C) the food will not cause a significant Loan Affordability Act’’. striking ‘‘2012’’ and inserting ‘‘2018’’; and health hazard or potential for human illness; (ii) in clause (i), by striking ‘‘integrated (3) carries out any further preparation or SEC. 12302. INTEREST RATE EXTENSION. research’’ and all that follows through ‘‘; processing of the food at a different time or Section 455(b)(7)(D) of the Higher Edu- and’’ and inserting ‘‘integrated research, ex- in a different space from the preparation or cation Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is tension, and education activities; and’’; and processing of other food for the applicable amended— (3) by adding at the end the following: program to prevent cross-contamination; (1) in the matter preceding clause (i), by (4) cleans and sanitizes food-contact sur- striking ‘‘and before July 1, 2013,’’ and in- SA 973. Mr. TESTER submitted an faces of equipment and utensils after proc- serting ‘‘and before July 1, 2015,’’; and amendment intended to be proposed by essing the traditional food; and (2) in clause (v), by striking ‘‘and before him to the bill S. 954, to reauthorize (5) labels donated traditional food with the July 1, 2013,’’ and inserting ‘‘and before July agricultural programs through 2018; name of the food and stores the traditional 1, 2015,’’.

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.043 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3670 CONGRESSIONAL RECORD — SENATE May 21, 2013 SEC. 12303. MODIFICATIONS OF REQUIRED DIS- definite one that is reasonably expected to the life expectancy of such employee and a TRIBUTION RULES FOR PENSION be lengthy in nature), or designated beneficiary) in accordance with PLANS. ‘‘(V) an individual not described in any of the regulations described in section (a) IN GENERAL.—Section 401(a)(9)(B) of the the preceding subparagraphs who is not more 401(a)(9)(A)(ii) of such Code (as in effect be- Internal Revenue Code of 1986 is amended to than 10 years younger than the employee. fore such amendments) and which meets the read as follows: ‘‘(iii) SPECIAL RULE FOR CHILDREN.—Subject other requirements of this section 401(a)(9) of ‘‘(B) REQUIRED DISTRIBUTIONS WHERE EM- to subparagraph (F), an individual described such Code (as so in effect) with respect to PLOYEE DIES BEFORE ENTIRE INTEREST IS DIS- in clause (ii)(II) shall cease to be an eligible such payments, and TRIBUTED.— designated beneficiary as of the date the in- (iii) with respect to which— ‘‘(i) 5-YEAR GENERAL RULE.—A trust shall dividual reaches majority and the require- (I) annuity payments to the employee have not constitute a qualified trust under this ment of subparagraph (B)(i) shall not be begun before January 1, 2014, and the em- section unless the plan provides that, if an treated as met with respect to any remain- ployee has made an irrevocable election be- employee dies before the distribution of the ing portion of an employee’s interest payable fore such date as to the method and amount employee’s interest (whether or not such dis- to the individual unless such portion is dis- of the annuity payments to the employee or tribution has begun in accordance with sub- tributed within 5 years after such date.’’. any designated beneficiaries, or paragraph (A)), the entire interest of the em- (c) REQUIRED BEGINNING DATE.—Section (II) if subclause (I) does not apply, the employee will be distributed within 5 years 401(a)(9)(C) of the Internal Revenue Code of ployee has made an irrevocable election be- after the death of such employee. 1986 is amended by adding at the end the fol- fore the date of the enactment of this Act as ‘‘(ii) EXCEPTION FOR ELIGIBLE DESIGNATED lowing new clause: to the method and amount of the annuity BENEFICIARIES.—If— ‘‘(v) EMPLOYEES BECOMING 5-PERCENT OWN- payments to the employee or any designated ‘‘(I) any portion of the employee’s interest ERS AFTER AGE 701⁄2.—If an employee becomes beneficiaries. is payable to (or for the benefit of) an eligi- a 5-percent owner (as defined in section 416) SEC. 12304. LIMITATION ON EARNINGS STRIP- ble designated beneficiary, with respect to a plan year ending in a cal- PING BY EXPATRIATED ENTITIES. ‘‘(II) such portion will be distributed (in endar year after the calendar year in which (a) IN GENERAL.—Subsection (j) of section accordance with regulations) over the life of the employee attains age 701⁄2, then clause 163 of the Internal Revenue Code of 1986 is such eligible designated beneficiary (or over (i)(II) shall be applied by substituting the amended— a period not extending beyond the life ex- calendar year in which the employee became (1) by redesignating paragraph (9) as para- pectancy of such beneficiary), and such an owner for the calendar year in which graph (10), and ‘‘(III) such distributions begin not later the employee retires.’’. (2) by inserting after paragraph (8) the fol- than 1 year after the date of the employee’s (d) EFFECTIVE DATES.— lowing new paragraph: death or such later date as the Secretary (1) IN GENERAL.—Except as provided in this ‘‘(9) SPECIAL RULES FOR EXPATRIATED ENTI- may by regulations prescribe, subsection, the amendments made by this TIES.— then, for purposes of clause (i) and except as section shall apply to distributions with re- ‘‘(A) IN GENERAL.—In the case of a corpora- provided in clause (iv) or subparagraph spect to employees who die after December tion to which this subsection applies which (E)(iii), the portion referred to in subclause 31, 2013. is an expatriated entity, this subsection (I) shall be treated as distributed on the date (2) REQUIRED BEGINNING DATE.— shall apply to such corporation with the fol- on which such distributions begin. (A) IN GENERAL.—The amendment made by lowing modifications: ‘‘(iii) SPECIAL RULE FOR SURVIVING SPOUSE subsection (c) shall apply to employees be- ‘‘(i) Paragraph (2)(A) shall be applied with- OF EMPLOYEE.—If the eligible designated ben- coming a 5-percent owner with respect to out regard to clause (ii) thereof. eficiary referred to in clause (ii)(I) is the sur- plan years ending in calendar years begin- ‘‘(ii) Paragraph (1)(B) shall be applied— viving spouse of the employee— ning before, on, or after the date of the en- ‘‘(I) without regard to the parenthetical, ‘‘(I) the date on which the distributions are actment of this Act. and required to begin under clause (ii)(III) shall (B) SPECIAL RULE.—If— ‘‘(II) by substituting ‘in the 1st succeeding not be earlier than the date on which the (i) an employee became a 5-percent owner taxable year and in the 2nd through 10th succeeding taxable years to the extent not pre- employee would have attained age 701⁄2, and with respect to a plan year ending in a cal- ‘‘(II) if the surviving spouse dies before the endar year which began before January 1, viously taken into account under this sub- distributions to such spouse begin, this sub- 2013, and paragraph’ for ‘in the succeeding taxable paragraph shall be applied as if the surviving (ii) the employee has not retired before year’. spouse were the employee. calendar year 2014, ‘‘(iii) Paragraph (2)(B) shall be applied— ‘‘(I) without regard to clauses (ii) and (iii), ‘‘(iv) RULES UPON DEATH OF ELIGIBLE DES- such employee shall be treated as having be- and IGNATED BENEFICIARY.—If an eligible des- come a 5-percent owner with respect to a ‘‘(II) by substituting ‘25 percent of the ad- ignated beneficiary dies before the portion of plan year ending in 2013 for purposes of ap- justed taxable income of the corporation for an employee’s interest described in clause plying section 401(a)(9)(C)(v) of the Internal such taxable year’ for the matter of clause (ii) is entirely distributed, clause (ii) shall Revenue Code of 1986 (as added by the (i)(II) thereof. not apply to any beneficiary of such eligible amendment made by subsection (c)). ‘‘(B) EXPATRIATED ENTITY.—For purposes of designated beneficiary and the remainder of (3) EXCEPTION FOR CERTAIN BENEFICIARIES.— this paragraph— such portion shall be distributed within 5 If a designated beneficiary of an employee ‘‘(i) IN GENERAL.—With respect to a cor- years after the death of such beneficiary.’’. who dies before January 1, 2014, dies after poration and a taxable year, the term ‘expa- (b) DEFINITION OF ELIGIBLE DESIGNATED December 31, 2013— triated entity’ has the meaning given such BENEFICIARY.—Section 401(a)(9)(E) of the In- (A) the amendments made by this section term by section 7874(a)(2), determined as if ternal Revenue Code of 1986 is amended to shall apply to any beneficiary of such des- such section and the regulations under such read as follows: ignated beneficiary, and section as in effect on the first day of such ‘‘(E) DEFINITIONS AND RULES RELATING TO (B) the designated beneficiary shall be taxable year applied to all taxable years of DESIGNATED BENEFICIARY.—For purposes of treated as an eligible designated beneficiary the corporation beginning after July 10, 1989. this paragraph— for purposes of applying section ‘‘(ii) EXCEPTION FOR SURROGATES TREATED ‘‘(i) DESIGNATED BENEFICIARY.—The term 401(a)(9)(B)(iv) of such Code (as in effect after AS A DOMESTIC CORPORATION.—The term ‘ex- ‘designated beneficiary’ means any indi- the amendments made by this section). patriated entity’ does not include a surro- vidual designated as a beneficiary by the em- (4) EXCEPTION FOR CERTAIN EXISTING ANNU- gate foreign corporation which is treated as ployee. ITY CONTRACTS.— a domestic corporation by reason of section ‘‘(ii) ELIGIBLE DESIGNATED BENEFICIARY.— (A) IN GENERAL.—The amendments made 7874(b).’’. The term ‘eligible designated beneficiary’ by this section shall not apply to a qualified (b) EFFECTIVE DATE.—The amendments means, with respect to any employee, any annuity which is a binding annuity contract made by this section shall apply to taxable designated beneficiary who, as of the date of in effect on the date of the enactment of this years beginning after the date of the enact- death of the employee, is— Act and at all times thereafter. ment of this Act. ‘‘(I) the surviving spouse of the employee, (B) QUALIFIED ANNUITY CONTRACT.—For SEC. 12305. MODIFICATIONS RELATED TO THE ‘‘(II) subject to clause (iii), a child of the purposes of this paragraph, the term ‘‘quali- OIL SPILL LIABILITY TRUST FUND. employee who has not reached majority fied annuity’’ means, with respect to an em- (a) DEFINITION OF CRUDE OIL.—Paragraph (within the meaning of subparagraph (F)), ployee, an annuity— (1) of section 4612(a) of the Internal Revenue ‘‘(III) disabled (within the meaning of sec- (i) which is a commercial annuity (as de- Code of 1986 is amended to read as follows: tion 72(m)(7)), fined in section 3405(e)(6) of such Code) or ‘‘(1) CRUDE OIL.—The term ‘crude oil’ in- ‘‘(IV) a chronically ill individual (within payable by a defined benefit plan, cludes crude oil condensates, natural gaso- the meaning of section 7702B(c)(2), except (ii) under which the annuity payments are line, any bitumen or bituminous mixture, that the requirements of subparagraph (A)(i) substantially equal periodic payments (not and any oil derived from a bitumen or bitu- thereof shall only be treated as met if there less frequently than annually) over the lives minous mixture.’’. is a certification that, as of such date, the of such employee and a designated bene- (b) REMOVING RESTRICTIONS RELATING TO period of inability described in such subpara- ficiary (or over a period not extending be- OIL WELLS AND EXTRACTION METHODS.—Para- graph with respect to the individual is an in- yond the life expectancy of such employee or graph (2) of section 4612(a) of the Internal

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.044 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3671 Revenue Code of 1986 is amended by striking him to the bill S. 954, to reauthorize ‘‘(A) other than a negotiated purchase or ‘‘from a well located’’. agricultural programs through 2018; forward contract; and (c) PERMANENT EXTENSION OF OIL SPILL LI- which was ordered to lie on the table; ‘‘(B) that does not use a method for calcu- ABILITY TRUST FUND FINANCING RATE.—Sec- as follows: lating price in which the price is determined tion 4611(f) is amended by striking sub- at a future date.’’. On page 1150, after line 15, add the fol- section (f). (b) MANDATORY REPORTING FOR LIVE CAT- lowing: (d) CLERICAL AMENDMENT.—Subclause (I) of TLE.—Section 222(d)(1) of the Agricultural section 4612(e)(2)(B)(ii) of the Internal Rev- SEC. 12lll. STUDY ON THE ECONOMIC IM- Marketing Act of 1946 (7 U.S.C. 1635e(d)(1)) is enue Code of 1986 is amended by striking PACTS OF EXTREME WEATHER amended by adding at the end the following: EVENTS AND CLIMATE CHANGE. ‘‘tranferred’’ and inserting ‘‘transferred’’. ‘‘(F) The quantity of cattle delivered under (a) IN GENERAL.—As soon as practicable (e) EFFECTIVE DATE.—The amendments after the date of enactment of this Act, the an alternative marketing arrangement that made by subsections (a) and (b) shall apply Secretary shall conduct a study of the eco- were slaughtered.’’. to crude oil and petroleum products received nomic impacts of extreme weather events or entered during calendar quarters begin- and climate change on agriculture in the SA 982. Mr. ENZI (for himself, Mr. ning more than 60 days after the date of the United States. JOHNSON of South Dakota, and Mr. enactment of this Act. (b) REQUIREMENTS.—The study under sub- TESTER) submitted an amendment in- SEC. 12306. RESERVING RESULTING SURPLUSES section (a) shall— tended to be proposed by him to the FOR DEFICIT REDUCTION. (1) consider the economic impacts of ex- bill S. 954, to reauthorize agricultural (a) PAYGO SCORECARD.—The budgetary ef- treme weather events and climate change fects of this Act shall not be entered on ei- programs through 2018; which was or- during, as the Secretary determines to be ap- dered to lie on the table; as follows: ther PAYGO scorecard maintained pursuant propriate— to section 4(d) of the Statutory Pay-As-You- (A) the initial short-term period beginning On page 1084, strikes line 20 through 22 and Go Act of 2010 (2 U.S.C. 933(d)). on the date of enactment of this Act; and insert the following: (b) SENATE PAYGO SCORECARD.—The budg- (B) a subsequent long-term period; SEC. 11llll. PACKERS AND POULTRY. etary effects of this Act shall not be entered (2) include an analysis of the impacts of ex- (a) LIMITATION ON USE OF ANTI-COMPETITIVE on any PAYGO scorecard maintained for treme weather events and climate change FORWARD CONTRACTS.— purposes of section 201 of S. Con. Res. 21 on— (1) IN GENERAL.—Section 202 of the Packers (110th Congress). (A) dairy, grain, meat and poultry, spe- and Stockyards Act, 1921 (7 U.S.C. 192), is cialty crops (such as fruits, vegetables, wine, amended— SA 977. Mr. COWAN submitted an and maple syrup), forestry and forest prod- (A) in subsection (g), by striking ‘‘or (e)’’ amendment intended to be proposed by ucts, and other agricultural products; and and inserting ‘‘(e), or (f)’’; him to the bill S. 954, to reauthorize (B) rural economies, including tourism and (B) by redesignating subsections (f) and (g) agricultural programs through 2018; the ski industry; and as subsection (g) and (h), respectively; which was ordered to lie on the table; (3) use a range of sources for purposes of (C) by inserting after subsection (e) the fol- as follows: analyzing the economic impacts, including lowing: observations from, and the experience of, ag- ‘‘(f)(1) Except as provided in paragraph (2), On page 914, between lines 13 and 14, insert riculture producers. use, in effectuating any sale of livestock, a the following: forward contract that— ‘‘(i) SOIL AMENDMENT STUDY.— SA 980. Mr. COWAN submitted an ‘‘(A) does not contain a firm base price ‘‘(1) IN GENERAL.—The Secretary shall con- amendment intended to be proposed by that may be equated to a fixed dollar duct a study to assess which types of, and amount on the day on which the forward which practices associated with the use of, him to the bill S. 954, to reauthorize contract is entered into; or fertilizers, biostimulants, and soil amend- agricultural programs through 2018; ‘‘(B) is based on a formula price. ments best achieve the goals described in which was ordered to lie on the table; ‘‘(2) Paragraph (1) shall not apply to— paragraph (2). as follows: ‘‘(A) a cooperative or entity owned by a co- ‘‘(2) GOALS.—The goals referred to in para- On page 396, strike lines 8 through 12, and operative, if a majority of the ownership in- graph (1) are— insert the following: terest in the cooperative is held by active co- ‘‘(A) increasing organic matter content; SEC. 4202. SENIOR FARMERS’ MARKET NUTRI- operative members that— ‘‘(B) reducing atmospheric volatilization; TION PROGRAM. ‘‘(B) own, feed, or control livestock; and ‘‘(C) limiting or eliminating runoff or (a) IN GENERAL.—Section 4402(a) of the ‘‘(C) provide the livestock to the coopera- leaching into groundwater or other water Farm Security and Rural Investment Act of tive for slaughter; sources; and 2002 (7 U.S.C. 3007(a)) is amended— ‘‘(D) a packer that is not required to report ‘‘(D) restoring beneficial bioactivity or (1) by striking ‘‘$20,600,000’’ and inserting to the Secretary on each reporting day (as healthy nutrients to the soil. ‘‘$25,000,000’’; and defined in section 212 of the Agricultural ‘‘(3) REPORT.—Not later than 1 year after (2) by striking ‘‘2012’’ and inserting ‘‘2018’’. Marketing Act of 1946 (7 U.S.C. 1635a)) infor- the date of receipt of funds to carry out this (b) OFFSET.—Out of any unobligated mation on the price and quantity of live- subsection, the Secretary shall make pub- amounts that remain available to the Sec- stock purchased by the packer; or licly available and submit to the Committee retary under section 32 of the Act of August ‘‘(E) a packer that owns 1 livestock proc- on Agriculture of the House of Representa- 24, 1935 (7 U.S.C. 612c), the Secretary shall essing plant.’’. tives and the Committee on Agriculture, Nu- use to carry out the program under section (2) DEFINITIONS.—Section 2(a) of the Pack- trition, and Forestry of the Senate a report 4402 of the Farm Security and Rural Invest- ers and Stockyards Act, 1921 (7 U.S.C. 182(a)) that— ment Act of 2002 (7 U.S.C. 3007) not more is amended by adding at the end the fol- ‘‘(A) describes the results of the study; and than $22,000,000 for fiscal years 2013 through lowing: ‘‘(B) identifies the types of, and practices 2018. ‘‘(15) FIRM BASE PRICE.—The term ‘firm using, fertilizers, biostimulants, and soil base price’ means a transaction using a ref- amendments that best achieve the goals SA 981. Mr. ENZI submitted an erence price from an external source. identified in paragraph (2).’’. amendment intended to be proposed by ‘‘(16) FORMULA PRICE.— him to the bill S. 954, to reauthorize ‘‘(A) IN GENERAL.—The term ‘formula price’ SA 978. Mr. MERKLEY (for himself, agricultural programs through 2018; means any price term that establishes a base Mr. TESTER, Mr. BLUMENTHAL, Mr. which was ordered to lie on the table; from which a purchase price is calculated on BEGICH, Mr. HEINRICH, and Mrs. BOXER) as follows: the basis of a price that will not be deter- submitted an amendment intended to On page 1125, after line 23, add the fol- mined or reported until a date after the day be proposed by him to the bill S. 954, to lowing: the forward price is established. reauthorize agricultural programs SEC. 121ll. ALTERNATIVE MARKETING AR- ‘‘(B) EXCLUSION.—The term ‘formula price’ through 2018; which was ordered to lie RANGEMENTS. does not include— on the table; as follows: (a) DEFINITIONS.—Section 221 of the Agri- ‘‘(i) any price term that establishes a base cultural Marketing Act of 1946 (7 U.S.C. from which a purchase price is calculated on At the end of subtitle C of title XII, add 1635d) is amended— the basis of a futures market price; or the following: (1) by redesignating paragraphs (1) through ‘‘(ii) any adjustment to the base for qual- SEC. 12lll. PLANT PROTECTION ACT. (8) as paragraphs (2) through (9), respec- ity, grade, or other factors relating to the Division A of the Consolidated and Further tively; and value of livestock or livestock products that Continuing Appropriations Act, 2013 (Public (2) by inserting before paragraph (2) (as so are readily verifiable market factors and are Law 113–6) is amended by striking section 735 redesignated) the following: outside the control of the packer. (127 Stat. 231). ‘‘(1) ALTERNATIVE MARKETING ARRANGE- ‘‘(17) FORWARD CONTRACT.—The term ‘for- MENT.—The term ‘alternative marketing ar- ward contract’ means an oral or written con- SA 979. Mr. SANDERS submitted an rangement’ means the advance commitment tract for the purchase of livestock that pro- amendment intended to be proposed by of cattle for slaughter by any means— vides for the delivery of the livestock to a

VerDate Mar 15 2010 04:27 May 22, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.044 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3672 CONGRESSIONAL RECORD — SENATE May 21, 2013 packer at a date that is more than 7 days effect for the applicable period under sub- (1)(C) for a direct operating loan if the bor- after the date on which the contract is en- title B. rower demonstrates to the satisfaction of the tered into, without regard to whether the (2) RICE.—In the case of long grain rice and Secretary that— contract is for— medium grain rice, for purposes of sub- ‘‘(i) the borrower has a viable farm oper- ‘‘(A) a specified lot of livestock; or section (a), the actual price for each type or ation; ‘‘(B) a specified number of livestock over a class of rice is equal to the higher of the fol- ‘‘(ii) the borrower applied for commercial certain period of time.’’. lowing: credit from at least 2 commercial lenders; (b) POULTRY BUSINESS DISRUPTION INSUR- (A) The national average market price re- ‘‘(iii) the borrower was unable to obtain a ANCE POLICY AND CATASTROPHIC DISEASE PRO- ceived by producers during the 12-month commercial loan (including a loan guaran- GRAM.—Section 522(c) of the Federal Crop In- marketing year for the type or class of rice, teed by the Secretary); and surance Act (7 as determined by the Secretary. ‘‘(iv) the borrower successfully has com- (B) The national average loan rate for a pleted, or will complete within 1 year, bor- SA 983. Mr. ENZI submitted an marketing assistance loan for the type or rower training under section 3419 (from amendment intended to be proposed by class of rice in effect for the applicable pe- which requirement the Secretary shall not him to the bill S. 954, to reauthorize riod under subtitle B. grant a waiver under section 3419(f)). agricultural programs through 2018; (c) REFERENCE PRICE.—The reference price ‘‘(d) YOUTH LOANS.— which was ordered to lie on the table; shall be— ‘‘(1) IN GENERAL.—Notwithstanding sub- as follows: (1) in the case of long and medium grain section (b), except for citizenship and credit rice, $13.30 per hundredweight; and requirements, a loan may be made under this On page 134, line 13, before the period in- (2) in the case of peanuts, $523.77 per ton. chapter to a youth who is a rural resident to sert ‘‘using the weekly price reports of the (d) PAYMENT RATE.—The payment rate enable the youth to operate an enterprise in Agricultural Marketing Service’’. used to make adverse market payments with connection with the participation in a youth respect to rice and peanuts for a crop year SA 984. Mrs. FISCHER (for herself, organization, as determined by the Sec- shall be equal to the amount that— retary. Mr. CARPER, and Mr. JOHANNS) sub- (1) the reference price under subsection (c) ‘‘(2) FULL PERSONAL LIABILITY.—A youth mitted an amendment intended to be for the rice or peanuts; exceeds receiving a loan under this subsection who proposed by her to the bill S. 954, to re- (2) the actual price determined under sub- executes a promissory note for the loan shall authorize agricultural programs section (b) for the rice or peanuts. incur full personal liability for the indebted- through 2018; which was ordered to lie (e) PAYMENT AMOUNT.—If adverse market ness evidenced by the note, in accordance payments are required to be paid under this on the table; as follows: with the terms of the note, free of any dis- section for any of the 2014 through 2018 crop ability of minority. On page 1050, after line 23, add the fol- years of rice or peanuts, the amount of the ‘‘(3) COSIGNER.—The Secretary may accept lowing: adverse market payment to be paid to the SEC. 10013. IMPORTATION OF SEED. the personal liability of a cosigner of a prom- producers on a farm for that crop year shall issory note for a loan under this subsection, Section 17(c) of the Federal Insecticide, be equal to the product of the following: Fungicide, and Rodenticide Act (7 U.S.C. in addition to the personal liability of the (1) The payment rate specified in sub- youth borrower. 136o(c)) is amended— section (d). ‘‘(4) YOUTH ENTERPRISES NOT FARMING.— (1) by striking ‘‘The Secretary’’ and insert- (2) The payment acres of the rice or pea- ing the following: The operation of an enterprise by a youth nuts on the farm. under this subsection shall not be considered ‘‘(1) IN GENERAL.—The Secretary’’; and (3) The payment yield for the rice or pea- the operation of a farm under this subtitle. (2) by adding at the end the following: nuts for the farm. ‘‘(5) RELATION TO OTHER LOAN PROGRAMS.— ‘‘(2) IMPORTATION OF SEED.—For purposes of (f) TIME FOR PAYMENTS.—If the Secretary Notwithstanding any other provision of law, this subsection, seed, including treated seed, determines under subsection (a) that adverse if a borrower becomes delinquent with re- shall not be considered to be a pesticide or market payments are required to be made spect to a youth loan made under this sub- device. under this section for the crop of rice or pea- section, the borrower shall not become ineli- ‘‘(3) APPLICABILITY.—Nothing in this sub- nuts, beginning October 1, or as soon as prac- gible, as a result of the delinquency, to re- section precludes or limits the authority of ticable thereafter, after the end of the appli- ceive loans and loan guarantees from the the Secretary of Agriculture with respect to cable marketing year for the rice or peanuts, Federal government to pay for education ex- the importation or movement of plants, the Secretary shall make the adverse market penses of the borrower. plant products, or seeds under— payments for the crop. ‘‘(A) the Plant Protection Act (7 U.S.C. ‘‘(e) PILOT LOAN PROGRAM TO SUPPORT 7701 et seq.); and SA 986. Mr. CASEY (for himself and HEALTHY FOODS FOR THE HUNGRY.— ‘‘(B) the Federal Seed Act (7 U.S.C. 1551 et Mr. HARKIN) submitted an amendment ‘‘(1) DEFINITION OF GLEANER.—In this sub- seq.).’’. intended to be proposed by him to the section, the term ‘gleaner’ means an entity that— bill S. 954, to reauthorize agricultural Mr. THUNE (for himself, Mr. ‘‘(A) collects edible, surplus food that SA 985. programs through 2018; which was or- GRASSLEY, Mr. ROBERTS, and Mr. would be thrown away and distributes the dered to lie on the table; as follows: food to agencies or nonprofit organizations JOHANNS) submitted an amendment in- Beginning on page 447, strike line 10 and that feed the hungry; or tended to be proposed by him to the all that follows through page 460, line 18, and ‘‘(B) harvests for free distribution to the bill S. 954, to reauthorize agricultural insert the following: needy, or for donation to agencies or non- programs through 2018; which was or- ‘‘(2) EXCEPTIONS.—In this subsection, the profit organizations for ultimate distribu- dered to lie on the table; as follows: term ‘direct operating loan’ does not in- tion to the needy, an agricultural crop that Beginning on page 38, strike line 3 and all clude— has been donated by the owner of the crop. that follows through page 41, line 14, and in- ‘‘(A) a loan made to a youth under sub- ‘‘(2) PROGRAM.—Not later than 180 days sert the following: section (d); or after the date of enactment of this sub- SEC. 1107. AVAILABILITY OF ADVERSE MARKET ‘‘(B) a microloan made to a beginning section, the Secretary shall establish, within PAYMENTS. farmer or rancher or a veteran farmer or the operating loan program established (a) PAYMENT REQUIRED.—For each of the rancher (as defined in section 2501(e) of the under this chapter, a pilot program under 2014 through 2018 crop years for rice and pea- Food Agriculture, Conservation, and Trade which the Secretary makes loans available nuts, the Secretary shall make adverse mar- Act of 1990 (7 U.S.C. 2279(e)). to eligible entities to assist the entities in ket payments to producers on farms for ‘‘(3) WAIVERS.— providing food to the hungry. which payment yields and base acres are es- ‘‘(A) FARM OPERATIONS ON TRIBAL LAND.— ‘‘(3) ELIGIBILITY.—In addition to any other tablished with respect to the rice and pea- The Secretary shall waive the limitation person eligible under the terms and condi- nuts if the Secretary determines that the ac- under paragraph (1)(C) for a direct loan made tions of the operating loan program estab- tual price for the rice or peanuts is less than under this chapter to a farmer whose farm lished under this chapter, gleaners shall be the reference price for the rice or peanuts. land is subject to the jurisdiction of an In- eligible to receive loans under this sub- (b) ACTUAL PRICE.— dian tribe and whose loan is secured by 1 or section. (1) PEANUTS.—Except as provided in para- more security instruments that are subject ‘‘(4) LOAN AMOUNT.— graph (2), for purposes of subsection (a), the to the jurisdiction of an Indian tribe if the ‘‘(A) IN GENERAL.—Each loan issued under actual price for peanuts is equal to the high- Secretary determines that commercial cred- the program shall be in an amount of not er of the following: it is not generally available for such farm less than $500 and not more than $5,000. (A) The national average market price re- operations. ‘‘(B) REDISTRIBUTION.—If the eligible received by producers during the 12-month ‘‘(B) OTHER FARM OPERATIONS.—On a case- cipients in a State do not use the full alloca- marketing year for the peanuts as deter- by-case determination not subject to admin- tion of loans that are available to eligible re- mined by the Secretary. istrative appeal, the Secretary may grant a cipients in the State under this subsection, (B) The national average loan rate for a borrower a waiver, 1 time only for a period of the Secretary may use any unused amounts marketing assistance loan for the peanuts in 2 years, of the limitation under paragraph to make loans available to eligible entities

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.037 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3673 in other States in accordance with this sub- the Agricultural Risk Protection Act of 2000 ‘‘(A) that would cause the total principal section. (7 U.S.C. 1632a(a))). indebtedness outstanding at any 1 time for ‘‘(5) LOAN PROCESSING.— ‘‘(b) GUARANTEED LOANS.—A loan may be loans made under this chapter to any 1 bor- ‘‘(A) IN GENERAL.—The Secretary shall guaranteed under this chapter only— rower to exceed— process any loan application submitted ‘‘(1) to pay the costs incident to reorga- ‘‘(i)(I) in the case of a loan made by the under the program not later than 30 days nizing a farm for more profitable operation; Secretary, $300,000; or after the date on which the application was ‘‘(2) to purchase livestock, poultry, or farm ‘‘(II) in the case of a loan guaranteed by submitted. equipment; the Secretary, $700,000 (as modified under ‘‘(B) EXPEDITING APPLICATIONS.—The Sec- ‘‘(3) to purchase feed, seed, fertilizer, insec- paragraph (2)); or retary shall take any measure the Secretary ticide, or farm supplies, or to meet other es- ‘‘(B) for the purchasing or leasing of land determines necessary to expedite any appli- sential farm operating expenses, including other than for cash rent, or for carrying on cation submitted under the program. cash rent; a land leasing or land purchasing program. ‘‘(6) PAPERWORK REDUCTION.—The Sec- ‘‘(4) to finance land or water development, ‘‘(2) MODIFICATION.—The amount specified retary shall take measures to reduce any pa- use, or conservation; in paragraph (1)(A)(ii) shall be— perwork requirements for loans under the ‘‘(5) to refinance indebtedness; ‘‘(A) increased, beginning with fiscal year program. ‘‘(6) to pay loan closing costs; 2000, by the inflation percentage applicable ‘‘(7) PROGRAM INTEGRITY.—The Secretary ‘‘(7) to assist a farmer in changing the to the fiscal year in which the loan is guar- shall take such actions as are necessary to equipment, facilities, or methods of oper- anteed; and ensure the integrity of the program estab- ation of a farm to comply with a standard ‘‘(B) reduced by the unpaid indebtedness of lished under this subsection. promulgated under section 6 of the Occupa- the borrower on loans under sections speci- ‘‘(8) MAXIMUM AMOUNT.—Of funds that are tional Safety and Health Act of 1970 (29 fied in section 3104 that are guaranteed by made available to carry out this chapter, the U.S.C. 655) or a standard adopted by a State the Secretary. Secretary shall use to carry out this sub- under a plan approved under section 18 of ‘‘(3) MICROLOANS.— section a total amount of not more than that Act (29 U.S.C. 667), if the Secretary de- ‘‘(A) IN GENERAL.—Subject to subparagraph $500,000. termines that without assistance under this (B), the Secretary may establish a program ‘‘(9) REPORT.—Not later than 180 days after paragraph the farmer is likely to suffer sub- to make or guarantee microloans. the maximum amount of funds are used to stantial economic injury due to compliance ‘‘(B) LIMITATION.—The Secretary shall not carry out this subsection under paragraph with the standard; make or guarantee any microloan (as defined (8), the Secretary shall submit to the Com- ‘‘(8) to train a borrower under section 3419; by the Secretary) under this chapter— mittee on Agriculture of the House of Rep- or ‘‘(i) for an amount that is greater than resentatives and the Committee on Agri- ‘‘(9) to provide other farm or home needs, $35,000; or culture, Nutrition, and Forestry of the Sen- including family subsistence. ‘‘(ii) that would cause the total principal ate a report that describes the results of the ‘‘(c) HAZARD INSURANCE REQUIREMENT.— indebtedness outstanding at any 1 time for pilot program and the feasibility of expand- The Secretary may not make a loan to a microloans made under this chapter to any 1 ing the program. farmer under this chapter unless the farmer borrower to exceed $70,000. ‘‘SEC. 3202. PURPOSES OF LOANS. has, or agrees to obtain, hazard insurance on ‘‘(C) APPLICATIONS.—To the maximum ex- ‘‘(a) DIRECT LOANS.—A direct loan (includ- the property to be acquired with the loan. tent practicable, the Secretary shall limit ing a microloan as defined by the Secretary) ‘‘(d) PRIVATE RESERVE.— the administrative burdens and streamline may be made under this chapter only— ‘‘(1) IN GENERAL.—Notwithstanding any the application and approval process for ‘‘(1) to pay the costs incident to reorga- other provision of this title, the Secretary microloans under this paragraph. nizing a farm for more profitable operation; may reserve a portion of any loan made ‘‘(D) COOPERATIVE LENDING PROJECTS.— ‘‘(2) to purchase livestock, poultry, or farm under this chapter to be placed in an unsu- ‘‘(i) IN GENERAL.—Subject to clause (ii), the equipment; pervised bank account that may be used at Secretary may contract with community- ‘‘(3) to purchase feed, seed, fertilizer, insec- the discretion of the borrower for the basic based and nongovernmental organizations, ticide, or farm supplies, or to meet other es- family needs of the borrower and the imme- States, or other intermediaries, as the Sec- sential farm operating expenses, including diate family of the borrower. retary determines appropriate— cash rent; ‘‘(2) LIMIT ON SIZE OF THE RESERVE.—The ‘‘(I) to make or guarantee a microloan ‘‘(4) to finance land or water development, size of the reserve shall not exceed the lesser under this paragraph; and use, or conservation; of— ‘‘(II) to provide business, financial, mar- ‘‘(5) to pay loan closing costs; ‘‘(A) 10 percent of the loan; keting, and credit management services to ‘‘(6) to assist a farmer in changing the ‘‘(B) $5,000; or borrowers. equipment, facilities, or methods of oper- ‘‘(C) the amount needed to provide for the ‘‘(ii) REQUIREMENTS.—Before contracting ation of a farm to comply with a standard basic family needs of the borrower and the with an entity described in clause (i), the promulgated under section 6 of the Occupa- immediate family of the borrower for 3 cal- Secretary shall— tional Safety and Health Act of 1970 (29 endar months. ‘‘(I) review and approve— U.S.C. 655) or a standard adopted by a State ‘‘(e) LOANS TO LOCAL AND REGIONAL FOOD ‘‘(aa) the loan loss reserve fund for under a plan approved under section 18 of PRODUCERS.— microloans established by the entity; and that Act (29 U.S.C. 667), if the Secretary de- ‘‘(1) TRAINING.—The Secretary shall ensure ‘‘(bb) the underwriting standards for termines that without assistance under this that loan officers processing loans under sub- microloans of the entity; and paragraph the farmer is likely to suffer subsection (a)(11) receive appropriate training ‘‘(II) establish such other requirements for stantial economic injury in complying with to serve borrowers and potential borrowers contracting with the entity as the Secretary the standard; engaged in local and regional food produc- determines necessary. ‘‘(7) to train a limited-resource borrower tion. ‘‘(iii) REVOLVING LOAN.—Under such condi- receiving a loan under section 3106 in main- ‘‘(2) VALUATION.— tions as the Secretary may require, an enti- taining records of farming operations; ‘‘(A) IN GENERAL.—The Secretary shall de- ty described in clause (i) that enters into a ‘‘(8) to train a borrower under section 3419; velop ways to determine unit prices (or other contract with the Secretary under this sub- ‘‘(9) to refinance the indebtedness of a bor- appropriate forms of valuation) for crops and paragraph may elect to convert the loan loss rower, if the borrower— other agricultural products, the end use of reserve fund for microloans established by ‘‘(A) has refinanced a loan under this chap- which is intended to be in locally or region- the entity into a revolving loan fund to ter not more than 4 times previously; and ally produced agricultural food products, to carry out the purposes of this subparagraph. ‘‘(B)(i) is a direct loan borrower under this facilitate lending to local and regional food ‘‘(b) INFLATION PERCENTAGE.—For purposes subtitle at the time of the refinancing and producers. of this section, the inflation percentage ap- has suffered a qualifying loss because of a ‘‘(B) PRICE HISTORY.—The Secretary shall plicable to a fiscal year is the percentage (if natural or major disaster or emergency; or implement a mechanism for local and re- any) by which— ‘‘(ii) is refinancing a debt obtained from a gional food producers to establish price his- ‘‘(1) the average of the Prices Paid By creditor other than the Secretary; tory for the crops and other agricultural Farmers Index (as compiled by the National ‘‘(10) to provide other farm or home needs, products produced by local and regional food Agricultural Statistics Service of the De- including family subsistence; or producers. partment) for the 12-month period ending on ‘‘(11) to assist a farmer in the production of ‘‘(3) OUTREACH.—The Secretary shall de- August 31 of the immediately preceding fis- a locally or regionally produced agricultural velop and implement an outreach strategy to cal year; exceeds food product (as defined in section engage and provide loan services to local and ‘‘(2) the average of that index (as so de- 3601(e)(11)(A)), including to qualified pro- regional food producers. fined) for the 12-month period ending on Au- ducers engaged in direct-to-consumer mar- ‘‘SEC. 3203. RESTRICTIONS ON LOANS. gust 31, 1996. keting, direct-to-institution marketing, or ‘‘(a) REQUIREMENTS.— ‘‘SEC. 3204. TERMS OF LOANS. direct-to-store marketing, business, or ac- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(a) PERSONAL LIABILITY.—A borrower of a tivities that produce a value-added agricul- paragraph (3), the Secretary may not make loan made under this chapter shall secure tural product (as defined in section 231(a) of or guarantee a loan under this chapter— the loan with the full personal liability of

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the borrower and such other security as the (1) by striking ‘‘(e)’’ and inserting ‘‘(e)(1)’’; ‘‘(ii) AVERAGE NEGATIVE ERROR RATE.—The Secretary may prescribe. and term ‘average negative error rate’ means the ‘‘(b) INTEREST RATES.— (2) by adding at the end the following: product obtained by multiplying— ‘‘(1) MAXIMUM RATE.— ‘‘(2) Notwithstanding paragraph (1), a reg- ‘‘(I) the negative error rate of a State ‘‘(A) IN GENERAL.—Except as provided in istrant who is a veterinarian shall not be re- agency; and paragraphs (2) and (3), the interest rate on a quired to have a separate registration in ‘‘(II) the proportion of the total negative loan made under this chapter (other than a order to transport and dispense controlled caseload of that State agency for the fiscal guaranteed loan) shall be determined by the substances in the usual course of veterinary year, as calculated under the quality control Secretary at a rate not to exceed the sum ob- practice at a site other than the registrant’s sample at the time of the notifications tained by adding— registered principal place of business or pro- issued under subparagraph (C), as determined ‘‘(i) the current average market yield on fessional practice, so long as the site of dis- by the Secretary. outstanding marketable obligations of the pensing is located in a State where the vet- ‘‘(iii) NEGATIVE ERROR RATE.— United States with remaining periods to ma- erinarian is licensed to practice veterinary ‘‘(I) IN GENERAL.—The term ‘negative error turity comparable to the average maturity medicine.’’. rate’ means, for a State agency, the propor- of the loan; and tion that— ‘‘(ii) an additional charge not to exceed 1 SA 989. Mr. THUNE (for himself, Mr. ‘‘(aa) the total number of actions erro- percent, as determined by the Secretary. ROBERTS, and Mr. JOHANNS) submitted neously taken by the State agency to deny ‘‘(B) ADJUSTMENT.—The sum obtained an amendment intended to be proposed applications or suspend or terminate benefits under subparagraph (A) shall be adjusted to by him to the bill S. 954, to reauthorize of a household participating in the supple- the nearest 1⁄8 of 1 percent. agricultural programs through 2018; mental nutrition assistance program estab- ‘‘(2) GUARANTEED LOAN.—The interest rate which was ordered to lie on the table; lished under this Act, as determined by the on a guaranteed loan made under this chap- Secretary, in that fiscal year; bears to ter shall be such rate as may be agreed on by as follows: ‘‘(bb) the total number of actions taken by the borrower and the lender, but may not ex- After section 4003, insert the following: the State agency to deny applications or sus- ceed any rate prescribed by the Secretary. SEC. 4004. WORKFARE REQUIREMENT WAIVER. pend or terminate benefits of households par- ‘‘(3) LOW INCOME LOAN.—The interest rate Section 6(o)(4)(A) of the Food and Nutri- ticipating in the supplemental nutrition as- on a microloan to a beginning farmer or tion Act of 2008 (7 U.S.C. 2015(o)(4)(A)) is sistance program established under this Act rancher or a veteran farmer or rancher (as amended— in that fiscal year. defined in section 2501(e) of the Food Agri- (1) in clause (i), by striking ‘‘or’’ at end; ‘‘(II) EXCLUSIONS.—The term ‘negative culture, Conservation, and Trade Act of 1990 and error rate’ does not include— (7 U.S.C. 2279(e)) or a direct loan made under (2) by striking clause (ii) and inserting the ‘‘(aa) an error resulting from the applica- this chapter to a low-income, limited-re- following: tion of regulations promulgated under this source borrower shall be determined by the ‘‘(ii) is designated as a labor surplus area Act during the period— Secretary at a rate that is not— by the Employment and Training Adminis- ‘‘(AA) beginning on the date of enactment ‘‘(A) greater than the sum obtained by add- tration of the Department of Labor; of this clause; and ing— ‘‘(iii) is determined by the Unemployment ‘‘(BB) ending on the date that is 121 days ‘‘(i) an amount that does not exceed 1⁄2 of Insurance Services of the Department of after the date on which the regulation is im- the current average market yield on out- Labor as qualifying for extended unemploy- plemented; and standing marketable obligations of the ment benefits; or ‘‘(bb) an error resulting from— United States with a maturity of 5 years; ‘‘(iv) has a 24-month average unemploy- ‘‘(AA) the use by a State agency of cor- and ment rate that is 20 percent above the na- rectly processed information concerning ‘‘(ii) an amount not to exceed 1 percent per tional average for the same 24-month pe- households or individuals received under a year, as the Secretary determines is appro- riod.’’. Federal program; or priate; or ‘‘(BB) an action that is based on policy in- ‘‘(B) less than 1.5 percent per year. SA 990. Mr. THUNE (for himself, Mr. formation that is approved or disseminated, ROBERTS, and Mr. JOHANNS) submitted in writing, by the Secretary or a designee of SA 987. Mr. MORAN submitted an an amendment intended to be proposed the Secretary. amendment intended to be proposed by by him to the bill S. 954, to reauthorize ‘‘(B) PENALTY AMOUNT.—For fiscal year him to the bill S. 954, to reauthorize agricultural programs through 2018; 2012 and each subsequent fiscal year, the agricultural programs through 2018; which was ordered to lie on the table; amount of the penalty for an affected State which was ordered to lie on the table; agency shall be equal to 5 percent of the as follows: amount otherwise payable under subsection as follows: Strike section 4010 and insert the fol- (a). After section 11024, insert the following: lowing: ‘‘(C) INFORMATION REPORTING BY STATES.— SEC. 110ll. ALFALFA CROP INSURANCE POLICY. SEC. 4010. QUALITY CONTROL. ‘‘(i) IN GENERAL.—For each fiscal year, Section 522(c) of the Federal Crop Insur- (a) IN GENERAL.—Section 16(c) of the Food each State agency shall expeditiously sub- ance Act (7 U.S.C. 1522(c)) (as amended by and Nutrition Act of 2008 (7 U.S.C. 2025(c)) is mit to the Secretary data concerning the op- section 11024) is amended by adding at the amended— erations of the State agency sufficient for end the following: (1) in paragraph (1)— the Secretary to establish the negative error ‘‘(25) ALFALFA CROP INSURANCE POLICY.— (A) in subparagraph (D)(i)(II), by inserting rate and penalty amount of the State agen- ‘‘(A) IN GENERAL.—The Corporation shall ‘‘except as provided in subparagraph (H),’’ cy. offer to enter into 1 or more contracts with before ‘‘require’’; and ‘‘(ii) RELEVANT INFORMATION.—The Sec- qualified entities to carry out research and (B) by adding at the end the following: retary may require a State agency to report development regarding a policy to insure al- ‘‘(H) STATES IN LIABILITY STATUS FOR A any factors necessary to determine the nega- falfa. THIRD CONSECUTIVE FISCAL YEAR.— tive error rate of the State agency. ‘‘(B) REPORT.—Not later than 1 year after ‘‘(i) IN GENERAL.—If a liability amount has ‘‘(iii) INFORMATION NOT REPORTED.—If a the date of enactment of this paragraph, the been established for a State agency under State agency fails to report information re- Corporation shall submit to the Committee subparagraph (C) for 3 or more consecutive quired by the Secretary, the Secretary may on Agriculture of the House of Representa- fiscal years, the Secretary shall require the use any information, as the Secretary con- tives and the Committee on Agriculture, Nu- State to pay the entire liability amount for siders appropriate, to establish the negative trition, and Forestry of the Senate a report those fiscal years. error rate of the State agency for the appli- that describes the results of the study con- ‘‘(ii) ALTERNATIVES TO FULL PAYMENT NOT cable year. ducted under subparagraph (A).’’. AVAILABLE.—Subparagraph (D) shall not ‘‘(iv) NATIONAL AVERAGE ERROR RATE.—If a apply to a State agency described in clause State agency fails to report information re- SA 988. Mr. MORAN (for himself and (i).’’; and quired by the Secretary, the Secretary may Mr. KING) submitted an amendment in- (2) by redesignating paragraph (9) as para- use the national average negative error rate tended to be proposed by him to the graph (10); and to establish the negative error rate for the bill S. 954, to reauthorize agricultural (3) by inserting after paragraph (8) the fol- State agency. programs through 2018; which was or- lowing: ‘‘(D) ANNOUNCEMENT OF ERROR RATES.— dered to lie on the table; as follows: ‘‘(9) PENALTY FOR NEGATIVE ERROR RATE.— ‘‘(i) CASE REVIEW.—Not later than May 31 At the end of title XII, insert the fol- ‘‘(A) DEFINITIONS.—In this paragraph: of each fiscal year, the case review and all lowing: ‘‘(i) AFFECTED STATE AGENCY.—The term arbitration of State-Federal differences on ‘affected State agency’ means a State agen- negative error rates for the previous fiscal SEC. 12lll. TRANSPORT AND DISPENSING OF CONTROLLED SUBSTANCES IN THE cy that maintains, for 2 or more consecutive year shall be completed. USUAL COURSE OF VETERINARY fiscal years, a negative error rate that is ‘‘(ii) DETERMINATION AND ANNOUNCEMENT.— PRACTICE. more than 50 percent higher than the na- Not later than June 30 of each fiscal year, Section 302(e) of the Controlled Substances tional average negative error rate, as deter- the Secretary shall, for the previous fiscal Act (21 U.S.C. 822(e)) is amended— mined by the Secretary. year—

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.038 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3675 ‘‘(I) determine— ing the preceding fiscal year, as adjusted to may not approve more than 20 food pur- ‘‘(aa) final negative error rates; reflect any increases for the 12-month period chasing and delivery services described in ‘‘(bb) the national average negative error ending the preceding June 30 in the Con- section 3(p)(5) of the Food and Nutrition Act rate; and sumer Price Index for All Urban Consumers of 2008 (as added by subsection (a)(3)) to par- ‘‘(cc) penalty amounts; published by the Bureau of Labor Statistics ticipate as retail food stores under the sup- ‘‘(II) notify affected State agencies of the of the Department of Labor, per individual in plemental nutrition assistance program. penalty amounts; the State enrolled in the supplemental nutri- (d) EFFECTIVE DATE.—This section and the ‘‘(III) provide a copy of the notification tion assistance program. amendments made by this section take ef- under subclause (II) to the chief executive of- ‘‘(2) TIMING OF DETERMINATION.—At the end fect on the date that is 30 days after the date ficer and the legislature of the affected of each fiscal year, the Secretary shall deter- of the enactment of this Act. State; and mine the total number of individuals in each ‘‘(IV) establish a claim against the State State enrolled in the supplemental nutrition SA 993. Mr. ROCKEFELLER (for him- agency for the monetary penalty amount as- assistance program so as to determine appro- self, Mr. TESTER, and Mr. JOHNSON of sessed against the State agency. priate funding levels for the coming fiscal South Dakota) submitted an amend- ‘‘(E) REVIEW.— year.’’. ment intended to be proposed by him ‘‘(i) IN GENERAL.—For any fiscal year, if to the bill S. 954, to reauthorize agri- the Secretary imposes a penalty amount SA 992. Mr. FRANKEN submitted an against a State agency under subparagraph amendment intended to be proposed by cultural programs through 2018; which (D)(ii), the following determinations of the him to the bill S. 954, to reauthorize was ordered to lie on the table; as fol- Secretary shall be subject to administrative agricultural programs through 2018; lows: and judicial review: which was ordered to lie on the table; On page 1150, after line 15, add the fol- ‘‘(I) The final negative error rate of the as follows: lowing: State agency. SEC. 12lll. UNLAWFUL RETALIATION. ‘‘(II) A determination of the Secretary that On page 351, between lines 12 and 13, insert the following: (a) IN GENERAL.—Subtitle A of title II of the negative error rate of the State agency the Packers and Stockyards Act, 1921 (7 SEC. 4001. ACCESS TO GROCERY DELIVERY FOR exceeds 50 percent of the national average U.S.C. 191 et seq.), is amended by adding at negative error rate. HOMEBOUND SENIORS AND INDIVID- UALS WITH DISABILITIES ELIGIBLE the end the following: ‘‘(III) The monetary penalty amount as- FOR SUPPLEMENTAL NUTRITION AS- ‘‘SEC. 211. UNLAWFUL RETALIATION. sessed against the State agency. SISTANCE BENEFITS. ‘‘(1) IN GENERAL.—No packer, swine con- ‘‘(ii) DETERMINATION NOT REVIEWABLE.—The (a) IN GENERAL.—Section 3(p) of the Food tractor, or live poultry dealer shall take re- national average negative error rate under and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is taliatory action in response to any lawful this paragraph shall not be subject to admin- amended— spoken or written expression, association, or istrative or judicial review. (1) in paragraph (3), by striking ‘‘and’’ at action of a livestock producer, swine produc- ‘‘(F) PAYMENT OF PENALTY AMOUNT.— the end; tion contract grower, or poultry grower. ‘‘(i) IN GENERAL.—On completion of admin- (2) in paragraph (4), by striking the period ‘‘(2) TYPES OF LAWFUL EXPRESSION.—The istrative and judicial review under subpara- at the end and inserting ‘‘; and’’; and lawful expression referred to in paragraph (1) graph (E), an affected State agency shall pay (3) by inserting after paragraph (4) the fol- shall include communication with officials to the Secretary the penalty amount des- lowing: of a Federal agency or Members of Con- ignated under subparagraph (D)(ii), subject ‘‘(5) a public or private nonprofit food pur- gress.’’. to the findings of the administrative or judi- chasing and delivery service that— (b) DEFINITION OF RETALIATORY ACTION.— cial review, not later than September 30 of ‘‘(A) purchases food for, and delivers the Section 2(a) of the Packers and Stockyards the fiscal year for which the claim has been food to, individuals who are— Act, 1921 (7 U.S.C. 182(a)), is amended by add- issued to the State agency. ‘‘(i) unable to shop for food; and ing at the end the following: ‘‘(ii)(I) not less than 60 years of age; or ‘‘(ii) ALTERNATIVE METHOD OF COLLEC- ‘‘(15) RETALIATORY ACTION.—The term ‘re- TION.— ‘‘(II) individuals with disabilities; taliatory action’ means coercion, intimida- ‘‘(I) IN GENERAL.—If a State agency fails to ‘‘(B) clearly notifies the participating tion, or any other action carried out to make a payment under clause (i) by Sep- household at the time the household places a achieve the disadvantage of any livestock tember 30 of the fiscal year for which the food order— producer, swine production contract grower, claim has been issued to the State agency, ‘‘(i) of any delivery fee associated with the or poultry grower in the execution, termi- the Secretary may reduce any amount due to food purchase and delivery provided to the nation, extension, or renewal of a contract the State agency under any other provision household by the service; and involving livestock or poultry.’’. of this Act by the amount of the monetary ‘‘(ii) that a delivery fee cannot be paid (c) CONFORMING AMENDMENTS.—Section 411 penalty established under subparagraph with benefits provided under the supple- of the Packers and Stockyards Act, 1921 (7 (D)(ii). mental nutrition assistance program; and U.S.C. 228b–2) is amended— ‘‘(II) ACCRUAL OF INTEREST.—Interest on ‘‘(C) sells food purchased for the household (1) in subsection (a), in the first sentence, the amount owed shall not accrue until after at the price paid by the service for the food by inserting ‘‘, section 211,’’ after ‘‘section September 30 of the applicable fiscal year.’’. without any additional cost markup.’’. 207’’; and (b) ISSUANCE OF REGULATIONS.—Not later (2) in subsection (b), in the first sentence, than 1 year after the date of enactment of SA 991. Mr. THUNE (for himself, Mr. by inserting ‘‘, section 211,’’ after ‘‘section this Act, the Secretary shall issue regula- ROBERTS, and Mr. JOHANNS) submitted 207’’. an amendment intended to be proposed tions that— by him to the bill S. 954, to reauthorize (1) establish criteria to identify a food pur- SA 994. Mr. VITTER (for himself and chasing and delivery service described in sec- agricultural programs through 2018; ORNYN tion 3(p)(5) of the Food and Nutrition Act of Mr. C ) submitted an amendment which was ordered to lie on the table; 2008 (as added by subsection (a)(3)); and intended to be proposed by him to the as follows: (2) establish procedures to ensure that the bill S. 954, to reauthorize agricultural In section 4016, strike ‘‘Section 28(b)’’ and service— programs through 2018; which was or- inserting the following: (A) does not charge more for a food item dered to lie on the table; as follows: (1) IN GENERAL.—Section 28(b) than the price paid by the service for the On page 1150, after line 15, add the fol- In section 4016, add at the end the fol- food item; lowing: lowing: (B) offers food delivery service at no or low SEC. 122ll. MINIMIZATION OF IMPACT OF EN- (2) FUNDING.—Section 28 of the Food and cost to households under that Act; DANGERED SPECIES LISTINGS AND Nutrition Act of 2008 (7 U.S.C. 2036a) is (C) ensures that benefits provided under DESIGNATIONS ON AGRICULTURAL amended by striking subsection (d) and in- the supplemental nutrition assistance pro- LAND. serting the following: gram are used only to purchase food, as de- Section 4 of the Endangered Species Act of ‘‘(d) FUNDING.— fined in section 3 of that Act (7 U.S.C. 2012); 1973 (16 U.S.C. 1533) is amended by adding at ‘‘(1) IN GENERAL.—Of funds made available (D) limits the purchase of food, and the de- the end the following: each fiscal year under section 18(a)(1), the livery of the food, to households eligible to ‘‘(j) MINIMIZATION OF IMPACT OF ENDAN- Secretary shall make available to each State receive services described in section 3(p)(5) of GERED SPECIES LISTINGS AND DESIGNATIONS agency to carry out the nutrition education that Act (as added by subsection (a)(3)); ON AGRICULTURAL LAND.— and obesity prevention grant program under (E) has established adequate safeguards ‘‘(1) IN GENERAL.—Before any action is this section— against fraudulent activities, including un- taken to list a species or designate critical ‘‘(A) for fiscal year 2013, an amount equal authorized use of electronic benefit cards habitat under this Act, the Secretary shall— to $5 per individual in the State enrolled in issued under that Act; and ‘‘(A) consult with the Secretary of Agri- the supplemental nutrition assistance pro- (F) such other requirements as the Sec- culture to identify all private agricultural gram; and retary considers appropriate. land and land maintained by the Forest ‘‘(B) for fiscal year 2014 and each subse- (c) LIMITATION.—Before the issuance of reg- Service that could be adversely impacted by quent fiscal year, the applicable amount dur- ulations under subsection (b), the Secretary the listing or designation; and

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.039 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3676 CONGRESSIONAL RECORD — SENATE May 21, 2013 ‘‘(B) prepare a report that describes the ‘‘§ 250. Misconduct against taxpayers by In- the Farm Service Agency on an individual economic impacts of the listing or designa- ternal Revenue Service employees basis; and tion on land used for agricultural activities. ‘‘Whoever being an employee of the Inter- ‘‘(E) the extension does not extend the ‘‘(2) ECONOMIC ANALYSES.—In conducting nal Revenue Service, knowingly engages, term of the marketing assistance loan be- economic analyses on the impact of the list- during the performance of that employee’s yond July 31 of the applicable crop year.’’. ing of species, or designation of critical habi- official duties, in an act or omission de- tat, described in paragraph (1), the Secretary scribed in section 1203(b) of the Internal Rev- SA 997. Mrs. FEINSTEIN submitted of Agriculture, in consultation with the Sec- enue Service Restructuring and Reform Act an amendment intended to be proposed retary of the Interior, shall— of 1998 shall be fined under this title or im- by her to the bill S. 954, to reauthorize ‘‘(A) conduct, and make available to the prisoned not more than 5 years, or both.’’. agricultural programs through 2018; Secretary of the Interior and the public, sep- (2) CLARIFICATION OF ACTS AND OMISSION which was ordered to lie on the table; CONSTITUTING MISCONDUCT.— arate economic analyses for— as follows: ‘‘(i) private agricultural land; and (A) RELEASE OF INFORMATION AND POLITICAL ‘‘(ii) land maintained by the Forest Serv- VIEWS.—Section 1203(b) of the Internal Rev- On page 1096, between lines 15 and 16, insert ice; enue Service Restructuring and Reform Act the following: ‘‘(B) give landowners an opportunity for of 1998 (26 U.S.C. 7804 note) is amended— SEC. 110l. MARKET LOSS PILOT ENDORSEMENT comment on the proposed listing or designa- (i) in paragraph (9), by striking ‘‘; and’’ and PROGRAM. tion— inserting a semicolon; Section 523 of the Federal Crop Insurance ‘‘(i) to obtain the input of the landowners; (ii) in paragraph (10), by striking the pe- Act (7 U.S.C. 1523) is amended by adding at and riod and inserting a semicolon; the end the following: ‘‘(ii) to provide landowners the same oppor- (iii) by inserting at the end the following: ‘‘(i) MARKET LOSS PILOT ENDORSEMENT tunity to comment as other affected parties; ‘‘(11) making decisions regarding enforce- PROGRAM.— ‘‘(C) use sound and proven economic anal- ment actions or investigations, including de- ‘‘(1) IN GENERAL.—To the extent prac- ysis tools in conducting the analyses, listing cisions regarding their relative priority, ticable starting with the 2014 reinsurance species, and designating habitat under this based on factors related to political or social year, notwithstanding subsection (a)(1) and Act; and views, statements, or affiliations of a tax- the limitation on premium increases in sec- ‘‘(D) make available on a public website— payer; and tion 508(i)(1), the Corporation shall establish ‘‘(i) a description of the total economic im- ‘‘(12) wilfully releasing confidential tax- and carry out a market loss pilot endorse- pact on agricultural land from all actual and payer information to members of the pub- ment program for producers of specialty potential listings and designations under lic.’’. crops (as defined in section 3 of the Specialty this Act; and (B) FIRST AMENDMENT PROTECTIONS.—For Crops Competitiveness Act of 2004 (7 U.S.C. ‘‘(ii) a map of all locations in the United purposes of section 1203 of the Internal Rev- 1621 note; Public Law 108-465)). States that are proposed for critical habitat enue Service Restructuring and Reform Act ‘‘(2) LOSSES COVERED.—The endorsement designations. of 1998 and section 250 of title 18, United authorized under this subsection shall cover ‘‘(3) ACTUAL NOTICE.—In listing species or States Code (as added by this section) the losses of a defined commodity due to— designating habitat under this Act, the Sec- protections and guarantees afforded under ‘‘(A) a quarantine imposed under Federal retary of the Interior shall, to the maximum the First Amendment of the Constitution of law, pursuant to the terms of which the com- extent practicable, provide actual notice to the United States to political speech and po- modity is destroyed, may not be marketed, affected landowners and other parties. litical expression shall not fail to be treated or otherwise may not be used for its intended as rights under the Constitution of the ‘‘(4) APPEALS.—Before a species is listed or purpose (as determined by the Secretary); or habitat is designated under this Act, the United States referred to in section 1203(b) of ‘‘(B) a decline in the market price in re- Secretary of Agriculture shall make avail- the Internal Revenue Service Restructuring sponse to a naturally occurring or accidental and Reform Act of 1998. able to affected landowners and other parties outbreak of a pathogen (as determined by (3) CLERICAL AMENDMENT.—The table of a description of all options that are available the Secretary). sections for chapter 13 of title 18, United to appeal or obtain compensation from the ‘‘(3) BUY-UP REQUIREMENT.—An endorse- States Code, is amended by adding after the listing or designation (including administra- ment authorized under this subsection shall item relating to section 249 the following: tive and judicial options) against the Federal be purchased as part of a policy or plan of in- ‘‘250. Discriminatory misconduct against Government. surance at the additional coverage level. taxpayers by Federal officers and em- ETERMINATION BY BOARD ‘‘(5) TRESPASSING ON PRIVATE PROPERTY.— ‘‘(4) D .—The Board ployees.’’. ‘‘(A) IN GENERAL.—If any person enters pri- shall approve a policy or plan of insurance vate land without the consent of the land- proposed under paragraph (1) if, as deter- owner to promote the purposes of this Act, SA 996. Mr. PRYOR (for himself and mined by the Board, the policy or plan of in- any data obtained during or as a result of the Mr. WICKER) submitted an amendment surance— trespass shall not be considered— intended to be proposed by him to the ‘‘(A) protects the interest of producers; ‘‘(i) to be the best available science; or bill S. 954, to reauthorize agricultural ‘‘(B) is actuarially sound; and ‘‘(ii) to meet the scientific quality stand- programs through 2018; which was or- ‘‘(C) requires the payment of premiums and ards issued under section 515 of the Treasury dered to lie on the table; as follows: administrative fees by a producer obtaining the insurance.’’. and General Government Appropriations In section 1203(b)— Act, 2001 (Public Law 106–554; 114 Stat. 2763A– (1) strike ‘‘The Secretary’’ and insert the 153) (commonly referred to as the ‘Data SA 998. Mr. LEAHY submitted an following: amendment intended to be proposed by Quality Act’). ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(B) AERIAL SURVEILLANCE.—No science (2) add at the end the following: him to the bill S. 954, to reauthorize that is produced as a result of aerial surveil- ‘‘(2) PERMITTED EXTENSIONS.—The Sec- agricultural programs through 2018; as lance of private land without the consent of retary may extend the term of a marketing follows: the landowner shall be considered to meet assistance loan (including the loan rate) for Beginning on page 840, strike line 22 and the scientific quality standards described in any loan commodity if— all that follows through page 849, line 18, and subparagraph (A)(ii).’’. ‘‘(A) at the time the marketing loan is insert the following: due— ‘‘(3) RURAL AREA.—The term ‘rural area’ SA 995. Mr. RUBIO submitted an ‘‘(i) the loan commodity is stored in a means any area described in section 3002 of amendment intended to be proposed by county for which— the Consolidated Farm and Rural Develop- him to the bill S. 954, to reauthorize ‘‘(I) a natural disaster is declared by the ment Act. agricultural programs through 2018; Secretary under section 321(a) of the Consoli- ‘‘(4) ULTRA-HIGH SPEED SERVICE.—The term which was ordered to lie on the table; dated Farm and Rural Development Act (7 ‘ultra-high speed service’ means broadband as follows: U.S.C. 1961(a)); or service operating at a 1 gigabit per second ‘‘(II) a major disaster or emergency is des- downstream transmission capacity.’’; At the appropriate place, insert the fol- ignated by the President under the Robert T. (3) in subsection (c)— lowing: Stafford Disaster Relief and Emergency As- (A) in the subsection heading, by striking SEC. lll. TAXPAYER NONDISCRIMINATION & sistance Act (42 U.S.C. 5121 et seq.); or ‘‘LOANS AND’’ and inserting ‘‘GRANTS, LOANS, PROTECTION ACT OF 2013. ‘‘(ii) the port used to ship the loan com- AND’’; (a) SHORT TITLE.—This section may be modity is closed or restricted pursuant to a (B) in paragraph (1), by inserting ‘‘make cited as the ‘‘Taxpayer Nondiscrimination & Coast Guard regulation; grants and’’ after ‘‘Secretary shall’’; Protection Act of 2013’’. ‘‘(B) the loan commodity is stored in the (C) by striking paragraph (2) and inserting (b) MISCONDUCT AGAINST TAXPAYERS BY IN- county described in subparagraph (A)(i); the following: TERNAL REVENUE SERVICE EMPLOYEES.— ‘‘(C) the marketing loan is extended not ‘‘(2) PRIORITY.— (1) CRIMINAL LIABILITY.—Chapter 13 of title more than 90 days; ‘‘(A) IN GENERAL.—In making grants, loans, 18, United States Code, is amended by adding ‘‘(D) the request for the extension is ap- or loan guarantees under paragraph (1), the at the end the following: proved by the applicable State Director of Secretary shall—

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.039 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3677 ‘‘(i) establish not less than 2, and not more (i) in the matter preceding clause (i), by ‘‘(I) certified by the affected community, than 4, evaluation periods for each fiscal striking ‘‘loan or’’ and inserting ‘‘grant, city, county, or designee; and year to compare grant, loan, and loan guar- loan, or’’; ‘‘(II) demonstrated on— antee applications and to prioritize grants, (ii) by striking clause (i) and inserting the ‘‘(aa) the broadband map of the affected loans, and loan guarantees to all or part of following: State if the map contains address-level data; rural communities that do not have residen- ‘‘(i) demonstrate the ability— or tial broadband service that meets the min- ‘‘(I) to furnish, improve in order to meet ‘‘(bb) the National Broadband Map if ad- imum acceptable level of broadband service the minimum acceptable level of broadband dress-level data is unavailable.’’; established under subsection (e); service established under subsection (e), or (D) in paragraph (4)— ‘‘(ii) give the highest priority to applicants extend broadband service to all or part of an (i) by striking ‘‘Subject to paragraph (1),’’ that offer to provide broadband service to unserved rural area or an area below the and inserting the following: the greatest proportion of unserved rural minimum acceptable level of broadband serv- ‘‘(A) IN GENERAL.—Subject to paragraph (1) households or rural households that do not ice established under subsection (e); or and subparagraph (B),’’; have residential broadband service that ‘‘(II) to carry out a project under para- (ii) by striking ‘‘loan or’’ and inserting meets the minimum acceptable level of graph (4)(B)(ii);’’; ‘‘grant, loan, or’’; and broadband service established under sub- (iii) in clause (ii), by striking ‘‘a loan ap- (iii) by adding at the end the following: section (e), as— plication’’ and inserting ‘‘an application’’; ‘‘(B) PILOT PROGRAMS.—The Secretary shall ‘‘(I) certified by the affected community, and establish pilot programs under which the (iv) in clause (iii)— city, county, or designee; or Secretary may, at the discretion of the Sec- (I) by striking ‘‘the loan application’’ and ‘‘(II) demonstrated on— retary, provide grants, loans, or loan guaran- inserting ‘‘the application’’; and ‘‘(aa) the broadband map of the affected tees under this section to eligible entities, (II) by striking ‘‘proceeds from the loan State if the map contains address-level data; including interested entities described in made or guaranteed under this section are’’ or subparagraph (A)— and inserting ‘‘assistance under this section ‘‘(bb) the National Broadband Map if ad- ‘‘(i) to address areas that are unserved or is’’; dress-level data is unavailable; and have service levels below the minimum ac- (B) in paragraph (2)— ceptable level of broadband service estab- ‘‘(iii) provide equal consideration to all (i) in subparagraph (A)— qualified applicants, including those that lished under subsection (e); or (I) in the matter preceding clause (i)— ‘‘(ii) for the purposes of providing a pro- have not previously received grants, loans, (aa) by striking ‘‘the proceeds of a loan or loan guarantees under paragraph (1). posed service territory with ultra-high speed made or guaranteed’’ and inserting ‘‘assist- service, subject to the conditions that— ‘‘(B) OTHER.—After giving priority to the ance’’; and applicants described in subparagraph (A), the ‘‘(I) not more than 5 projects, and not more (bb) by striking ‘‘for the loan or loan guar- than 1 project in any State, shall be carried Secretary shall then give priority to projects antee’’ and inserting ‘‘of the eligible entity’’; that serve rural communities— out under this clause during the period be- (II) in clause (i), by striking ‘‘is offered ginning on the date of enactment of this Act ‘‘(i) with a population of less than 20,000 broadband service by not more than 1 incum- permanent residents; and ending on September 30, 2018; bent service provider’’ and inserting ‘‘are ‘‘(II) for each fiscal year, not more than 10 ‘‘(ii) experiencing outmigration; unserved or have service levels below the percent of the funds made available under ‘‘(iii) with a high percentage of low-income minimum acceptable level of broadband serv- subsection (l) shall be used to carry out this residents; and ice established under subsection (e)’’; and clause; ‘‘(iv) that are isolated from other signifi- (III) in clause (ii), by striking ‘‘3’’ and in- ‘‘(III) for each fiscal year, not more than 20 cant population centers.’’; and serting ‘‘2’’; percent of the funds made available under (D) by adding at the end the following: (ii) by striking subparagraph (B) and in- subclause (II) shall be used for any 1 project; ‘‘(3) GRANT AMOUNTS.— serting the following: and ‘‘(A) ELIGIBILITY.—To be eligible for a ‘‘(B) ADJUSTMENTS.— ‘‘(IV) paragraph (2)(A)(i) shall apply to the grant under this section, the project that is ‘‘(i) INCREASE.—The Secretary may in- the subject of the grant shall be carried out crease the household percentage requirement project, unless— in a rural area. under subparagraph (A)(i) if— ‘‘(aa) the Secretary determines that no ‘‘(B) MAXIMUM.—Except as provided in sub- ‘‘(I) more than 25 percent of the costs of other project in the State is funded under paragraph (D), the amount of any grant the project are funded by grants made under this section; and made under this section shall not exceed 50 this section; or ‘‘(bb) no application for any other project percent of the development costs of the ‘‘(II) the proposed service territory in- that could be funded under this section, project for which the grant is provided. cludes 1 or more communities with a popu- other than under this clause, is pending in ‘‘(C) GRANT RATE.—The Secretary shall es- lation in excess of 20,000. the State.’’; tablish the grant rate for each project in ac- ‘‘(ii) REDUCTION.—The Secretary may re- cordance with regulations issued by the Sec- duce the household percentage requirement Mr. COBURN (for himself, retary that shall provide for a graduated under subparagraph (A)(i)— SA 999. scale of grant rates that establish higher ‘‘(I) to not less than 15 percent, if the pro- Mr. DURBIN, and Mr. MCCAIN) sub- rates for projects in communities that posed service territory does not have a popu- mitted an amendment intended to be have— lation in excess of 5,000 people; or proposed by him to the bill S. 954, to ‘‘(i) remote locations; ‘‘(II) to not less than 18 percent, if the pro- reauthorize agricultural programs ‘‘(ii) low community populations; posed service territory does not have a popu- through 2018; which was ordered to lie ‘‘(iii) low income levels; lation in excess of 7,500 people.’’; and on the table; as follows: ‘‘(iv) developed the applications of the (iii) in subparagraph (C)— communities with the participation of com- (I) in the subparagraph heading, by strik- On page 1101, between lines 5 and 6, insert binations of stakeholders, including— ing ‘‘3’’ and inserting ‘‘2’’; the following: ‘‘(I) State, local, and tribal governments; (II) in clause (i), by inserting ‘‘the min- ‘‘(II) nonprofit institutions; imum acceptable level of broadband service SEC. 11lll. LIMITATION ON PREMIUM SUBSIDY ‘‘(III) institutions of higher education; established under subsection (e) in’’ after BASED ON AVERAGE ADJUSTED GROSS INCOME. ‘‘(IV) private entities; and ‘‘service to’’; and ‘‘(V) philanthropic organizations; and (III) by striking clause (ii) and inserting Section 508(e) of the Federal Crop Insur- ‘‘(v) targeted funding to provide the min- the following: ance Act (7 U.S.C. 1508(e)) (as amended by imum acceptable level of broadband service ‘‘(ii) EXCEPTIONS.—Clause (i) shall not section 11030(b)) is amended by adding at the established under subsection (e) in all or part apply if— end the following: of an unserved community that is below that ‘‘(I) the applicant is eligible for funding ‘‘(9) LIMITATION ON PREMIUM SUBSIDY BASED minimum acceptable level of broadband serv- under another title of this Act; or ON AVERAGE ADJUSTED GROSS INCOME.— ice. ‘‘(II) the project is being carried out under ‘‘(A) DEFINITION OF AVERAGE ADJUSTED ‘‘(D) SECRETARIAL AUTHORITY TO ADJUST.— paragraph (4)(B)(ii), unless an incumbent GROSS INCOME.—In this paragraph, the term The Secretary may make grants of up to 75 service provider is providing ultra-high speed ‘average adjusted gross income’ has the percent of the development costs of the service as of the date of an application for meaning given the term in section 1001D(a) project for which the grant is provided to an assistance submitted to the Secretary under of the Food Security Act of 1985 (7 U.S.C. eligible entity if the Secretary determines this section.’’; 1308–3a(a)). that the project serves a remote or low in- (C) in paragraph (3)— ‘‘(B) LIMITATION.—Notwithstanding any come area that does not have access to (i) in subparagraph (A), by striking ‘‘loan other provision of this subtitle and begin- broadband service from any provider of or’’ and inserting ‘‘grant, loan, or’’; and ning with the 2014 reinsurance year, in the broadband service (including the appli- (ii) in subparagraph (B), by adding at the case of any producer that is a person or legal cant).’’; end the following: entity that has an average adjusted gross in- (4) in subsection (d)— ‘‘(iii) INFORMATION.—Information sub- come in excess of $750,000 based on the most (A) in paragraph (1)(A)— mitted under this subparagraph shall be— recent data available from the Farm Service

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.035 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3678 CONGRESSIONAL RECORD — SENATE May 21, 2013 Agency as of the beginning of the reinsur- tain items from eligibility as a food under 4013) is amended by adding at the end the fol- ance year, the total amount of premium subsection 3(k); and lowing: sidy provided with respect to additional cov- ‘‘(ii) does not— ‘‘(g) LIMITATIONS ON USE RELATING TO PRO- erage under subsection (c), section 508B, or ‘‘(I) expand the number of items otherwise MOTION AND ENROLLMENT.— section 508C issued on behalf of the producer eligible under section 3(k); or ‘‘(1) IN GENERAL.—Subject to paragraph (2), for a reinsurance year shall be 15 percentage ‘‘(II) classify alcoholic beverages, tobacco, not more than 1 percent of the amounts points less than the premium subsidy pro- and hot foods or hot food products ready for made available to carry out this Act shall be vided in accordance with this subsection immediate consumption as eligible under used to promote increased participation and that would otherwise be available for the ap- section 3(k); enrollment in the supplemental nutrition as- plicable policy, plan of insurance, and cov- ‘‘(B) a description of the cost of imple- sistance program. erage level selected by the producer. menting the demonstration project in the ‘‘(2) PROHIBITION ON USE FOR CERTAIN AC- ‘‘(C) APPLICATION.— State; TIVITIES.—None of the amounts made avail- ‘‘(i) STUDY.—Not later than 1 year after the ‘‘(C) a description of the number of house- able to carry out this Act shall be used for— date of enactment of this Act, the Secretary, holds participating in the program to be af- ‘‘(A) radio and television soap operas; in consultation with the Government Ac- fected by the demonstration project; ‘‘(B) social events and parties, including countability Office, shall carry out a study ‘‘(D) a procedure for disseminating product bingo games; and to determine the effects of the limitation de- eligibility information periodically to retail- ‘‘(C) giveaways of toys, gift bags, pet toys, scribed in subparagraph (B) on— ers; and animal food.’’. ‘‘(I) the overall operations of the Federal ‘‘(E) a procedure to monitor and evaluate crop insurance program; program operations, including impact on SA 1003. Mr. COBURN submitted an ‘‘(II) the number of producers participating small businesses; and amendment intended to be proposed by in the Federal crop insurance program; ‘‘(F) a statement that the demonstration him to the bill S. 954, to reauthorize project does not intend to reduce the eligi- ‘‘(III) the level of coverage purchased by agricultural programs through 2018; participating producers; bility for, or amount of, benefits available under this Act. which was ordered to lie on the table; ‘‘(IV) the amount of premiums paid by par- as follows: ticipating producers and the Federal Govern- ‘‘(3) EVALUATION.—Not later than 5 years ment; after the date on which a demonstration is At the end of subtitle C of title XII, add ‘‘(V) any potential liability for partici- initiated under this subsection, the State the following: pating producers, approved insurance pro- shall submit to the Secretary a report that SEC. 122ll. PROHIBITION ON FEDERAL FINAN- viders, and the Federal Government; describes the effect of the demonstration CIAL ASSISTANCE BY PERSONS HAV- ‘‘(VI) different crops or growing regions; project on— ING SERIOUSLY DELINQUENT TAX DEBTS. ‘‘(VII) program rating structures; ‘‘(A) the costs and benefits under the sup- (a) DEFINITION OF SERIOUSLY DELINQUENT ‘‘(VIII) creation of schemes or devices to plemental nutrition assistance program in TAX DEBT.—In this section: evade the impact of the limitation; and the State; and (1) IN GENERAL.—The term ‘‘seriously delin- ‘‘(IX) administrative and operating ex- ‘‘(B) the access of individuals receiving quent tax debt’’ means an outstanding debt penses paid to approved insurance providers benefits under the supplemental nutrition under the Internal Revenue Code of 1986 for and underwriting gains and loss for the Fed- assistance program in the State to nutri- which a notice of lien has been filed in public eral government and approved insurance pro- tious food. records pursuant to section 6323 of that Code. viders. ‘‘(4) TREATMENT.—A demonstration project (2) EXCLUSIONS.—The term ‘‘seriously de- ‘‘(ii) EFFECTIVENESS.—The limitation de- under this subsection shall be considered to linquent tax debt’’ does not include— scribed in subparagraph (B) shall not take ef- be a permissible project to test innovative (A) a debt that is being paid in a timely fect unless the Secretary determines, welfare reform strategies under subsection manner pursuant to an agreement under sec- through the study described in clause (i), (b)(1)(B)(ii)(III).’’. tion 6159 or 7122 of Internal Revenue Code of that the limitation would not— Mr. COBURN submitted an 1986; and ‘‘(I) significantly increase the premium SA 1001. (B) a debt with respect to which a collec- amount paid by producers with an average amendment intended to be proposed by tion due process hearing under section 6330 adjusted gross income of less than $750,000; him to the bill S. 954, to reauthorize of that Code, or relief under subsection (a), ‘‘(II) result in a decline in the crop insur- agricultural programs through 2018; (b), or (f) of section 6015 of that Code, is re- ance coverage available to producers; and which was ordered to lie on the table; quested or pending. ‘‘(III) increase the total cost of the Federal as follows: (b) PROHIBITION.—Notwithstanding any crop insurance program.’’. On page 351, strike lines 11 and 12 and in- other provision of this Act or an amendment sert the following: Mr. COBURN submitted an made by this Act and subject to subsection SA 1000. Subtitle A—Food Stamp Program amendment intended to be proposed by (c), an individual or entity who has a seri- SEC. 4001. REPEAL OF RENAMING OF THE FOOD ously delinquent tax debt shall be ineligible him to the bill S. 954, to reauthorize STAMP ACT OF 1977 AND THE FOOD to receive financial assistance (including any agricultural programs through 2018; STAMP PROGRAM. payment, loan, grant, contract, or subsidy) which was ordered to lie on the table; (a) IN GENERAL.—Effective June 18, 2008, under this Act or an amendment made by as follows: sections 4001 and 4002 of the Food, Conserva- this Act during the pendency of such seri- On page 380, between lines 15 and 16, insert tion, and Energy Act of 2008 (Public Law 110– ously delinquent tax debt. the following: 246; 122 Stat. 1853) and the amendments made (c) LIMITATION.—Subsection (b) shall not by those sections are repealed. SEC. 40ll. DEMONSTRATION PROJECTS TO PRO- apply to any benefits or assistance provided (b) APPLICATION.—The Food Stamp Act of HIBIT PURCHASES OF JUNK FOOD. under the supplemental nutrition assistance Section 17 of the Food and Nutrition Act of 1977 (7 U.S.C. 2011 et seq.) shall be applied program established under the Food and Nu- and administered as if sections 4001 and 4002 2008 (7 U.S.C. 2026) (as amended by section trition Act of 2008 (7 U.S.C. 2011 et seq.). of the Food, Conservation, and Energy Act of 4001(b)) is amended by adding at the end the (d) REGULATIONS.—The Secretary of Agri- 2008 (Public Law 110–246; 122 Stat. 1853) and following: culture, in conjunction with the Secretary of the amendments made by those sections had ‘‘(m) DEMONSTRATION PROJECT TO RESTRICT the Treasury, shall issue such regulations as not been enacted. ELIGIBLE ITEMS.— In title IV— the Secretary considers necessary to carry ‘‘(1) IN GENERAL.—A State may carry out a (1) strike ‘‘Food and Nutrition Act of 2008’’ out this section. demonstration project to plan, design, de- each place it appears and insert ‘‘Food velop, and implement a program in the State Stamp Act of 1977’’; and SA 1004. Mr. COBURN (for himself to eliminate purchases of junk food and (2) strike ‘‘supplemental nutrition assist- and Mr. MCCAIN) submitted an amend- other unhealthful items by redefining items ance program’’ each place it appears and in- ment intended to be proposed by him that qualify as ‘food’ under section 3(k) if sert ‘‘food stamp program’’. to the bill S. 954, to reauthorize agri- the Secretary approves a waiver request submitted by the State in accordance with para- cultural programs through 2018; which SA 1002. Mr. COBURN submitted an was ordered to lie on the table; as fol- graph (2). amendment intended to be proposed by ‘‘(2) APPROVAL OF WAIVER.—The Secretary lows: him to the bill S. 954, to reauthorize shall approve any waiver to carry out a pro- On page 168, strike line 9 and insert the fol- gram under paragraph (1) if the Secretary de- agricultural programs through 2018; lowing: termines that the waiver request submitted which was ordered to lie on the table; (b) CONSERVATION PROGRAMS.—Section by the State includes— as follows: 1001D(b)(2)(A) of the Food Security Act of ‘‘(A) a standard based on nutritional con- On page 380, between lines 19 and 20, insert 1985 (7 U.S.C. 1308–3a(b)(2)(A)) is amended— tent for redefining items for eligibility under the following: (1) by striking ‘‘LIMITS.—’’ and all that fol- section 3(k) that— SEC. 4014. PROMOTION AND ENROLLMENT. lows through ‘‘clause (ii),’’ and inserting ‘‘(i) is determined by the State to be clear, Section 18 of the Food and Nutrition Act of ‘‘LIMITS.—Notwithstanding any other provi- practical, and consistent in excluding cer- 2008 (7 U.S.C. 2027) (as amended by section sion of law,’’; and

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.035 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3679 (2) by striking clause (ii). nication about, promotion of, and outreach ciency and Overlap among Smaller Programs (c) APPLICATION.—The amendments made for programs and program activities admin- (GAO-10-346)’’ and dated April 2010. by this istered by the agency. (3) ELIMINATION OF DUPLICATIVE FUNC- (ii) SERVICES.— TIONS.— SA 1005. Mr. COBURN (for himself (I) IN GENERAL.—Subject to subclause (II), (A) IN GENERAL.—The Secretary, in coordi- and Mr. MCCAIN) submitted an amend- the term ‘‘services’’ has the meaning pro- nation with the Secretary of Health and ment intended to be proposed by him vided by the Director of the Office of Man- Human Services, using the administrative to the bill S. 954, to reauthorize agri- agement and Budget. authorities of the Secretaries, shall elimi- cultural programs through 2018; which (II) LIMITATION.—The term ‘‘services’’ shall nate, consolidate, and streamline any over- was ordered to lie on the table; as fol- be limited to activities, assistance, and aid lapping or duplicative functions of the Secre- lows: that provide a direct benefit to a recipient, taries in carrying out— such as the provision of medical care, assist- (i) section 4(b) of the Food and Nutrition On page 421, between lines 3 and 4, insert ance for housing or tuition, or financial sup- Act of 2008 (7 U.S.C. 2013(b)); the following: port (including grants and loans). (ii) title VI of the Older Americans Act of SEC. 42ll. EVALUATION AND CONSOLIDATION (B) REQUIREMENTS.—In evaluating the out- 1965 (42 U.S.C. 3057 et seq.); and OF DUPLICATIVE NUTRITION PRO- (iii) section 311 of the Older Americans Act GRAMS. comes of programs for the report under para- of 1965 (42 U.S.C. 3030a). (a) EVALUATION.— graph (1), the Secretary, the Assistant Sec- (B) REPORTS.—The Secretary and the Sec- (1) IN GENERAL.—Not later than June 1, retary for Aging, and the Administrator of retary of Health and Human Services shall 2014, the Secretary, the Assistant Secretary the Federal Emergency Management Agency submit to Congress a report describing any for Aging, and the Administrator of the Fed- shall, for each applicable program that is a legislative changes required to carry out eral Emergency Management Agency, as ap- subject of the report— subparagraph (A). propriate, shall submit to Congress and post (i) determine the total administrative ex- (4) REQUIREMENTS.—In carrying out this on the public Internet website of the Depart- penses of the program; section, the Secretary shall ensure that— ment a report on the outcomes of the fol- (ii) determine the expenditures for services (A) in repealing and consolidating pro- lowing programs: for the program; grams, the eligibility, benefits, and services (A) The child and adult care food program (iii) estimate the number of clients served to existing clients are not interrupted or re- established under section 17 of the Richard by the program and beneficiaries who reduced; and B. Russell National School Lunch Act (42 ceived assistance under the program (if ap- (B) in consolidating programs and making U.S.C. 1766). plicable); and recommendations for further consolidations (B) The community food projects competi- (iv) estimate— and eliminations, priority is given to con- tive grant program established under section (I) the number of full-time employees who tinuing programs with the best outcomes 25 of the Food and Nutrition Act of 2008 (7 administer the program; and that serve the most clients with the least U.S.C. 2034). (II) the number of full-time equivalents amount of administrative costs. (C) The Emergency Food and Shelter Pro- (whose salary is paid in part or full by the (5) RECOMMENDATIONS FOR LEGISLATIVE gram under title III of the McKinney-Vento Federal Government through a grant or con- CHANGES.—Not later than 150 days after the Homeless Assistance Act (42 U.S.C. 11331 et tract, a subaward of a grant or contract, a date of enactment of this Act, the Secre- seq.). cooperative agreement, or another form of taries of Agriculture, Health and Human (D) The grants to American Indian, Alaska financial award or assistance) who assist in Services, and Homeland Security shall sub- Native, and Native Hawaiian organizations administering the program. mit to Congress a report that identifies any for nutrition and supportive services pro- (b) ELIMINATIONS AND CONSOLIDATIONS.— legislative changes that 1 or more of the Sec- gram carried out under title VI of the Older (1) COMMODITY SUPPLEMENTAL FOOD PRO- retaries determine to be necessary to further Americans Act of 1965 (42 U.S.C. 3057 et seq.). GRAM.— eliminate, consolidate, or streamline dupli- (E) The food distribution program on In- (A) REPEAL.—Notwithstanding the amend- cative and overlapping functions identified dian reservations established under section ments made by section 4012, section 5 of the in— 4(b) of the Food and Nutrition Act of 2008 (7 Agriculture and Consumer Protection Act of (A) the report of the Government Account- U.S.C. 2013(b)). 1973 (7 U.S.C. 612c note; Public Law 93–86) is ability Office entitled ‘‘Opportunities to Re- (F) The fresh fruit and vegetable program repealed. duce Government Duplication in Govern- established under section 19 of the Richard (B) USE OF SAVINGS.—Amounts saved as a ment Programs, Save Tax Dollars, and En- B. Russell National School Lunch Act (42 result of the repeal made by subparagraph hance Revenue (GAO 11 318SP)’’ and dated U.S.C. 1769a). (A) shall be made available, without further March 2011; (G) The seniors farmers’ market nutrition appropriation, to the Secretary to carry out (B) the testimony of the Government Ac- program established under section 4402 of the the food assistance activities of other pro- countability Office before the Subcommittee Farm Security and Rural Investment Act of grams of the Department of Agriculture that on Primary Health Aging, Senate Committee 2002 (7 U.S.C. 3007). the Comptroller General of the United States on Health, Education Labor, and Pensions (H) The summer food service program for identified as having positive outcomes re- entitled ‘‘Nutrition Assistance: Additional children established under section 13 of the lated to the goals of the programs in the re- Efficiencies Could Improve Services to Older Richard B. Russell National School Lunch port entitled ‘‘Domestic Food Assistance: Adults (GAO-11-782T)’’ and dated June 2011; Act (42 U.S.C. 1761). Complex System Benefits Millions, but Addi- and (I) The emergency food assistance program tional Efforts Could Address Potential Ineffi- (C) the report of the Government Account- established under the Emergency Food As- ciency and Overlap among Smaller Programs ability Office entitled ‘‘Domestic Food As- sistance Act of 1983 (7 U.S.C. 7501 et seq.). (GAO-10-346)’’ and dated April 2010. sistance: Complex System Benefits Millions, (J) The farmers’ market nutrition program (2) SENIORS FARMERS’ MARKET NUTRITION but Additional Efforts Could Address Poten- established under section 17(m) of the Child PROGRAM.— tial Inefficiency and Overlap among Smaller Nutrition Act of 1966 (42 U.S.C. 1786(m)). (A) REPEAL.—Notwithstanding the amend- Programs (GAO-10-346)’’ and dated April 2010. (2) REQUIREMENTS.— ment made by section 4202, section 4402 of (A) DEFINITIONS.—In this paragraph: the Farm Security and Rural Investment SA 1006. Mr. COBURN submitted an (i) ADMINISTRATIVE EXPENSES.— Act of 2002 (7 U.S.C. 3007) is repealed. amendment intended to be proposed by (I) IN GENERAL.—Except as provided in sub- (B) INCOMPLETE AND ONGOING PROJECTS.— clause (II), the term ‘‘administrative ex- The Secretary shall continue to carry out him to the bill S. 954, to reauthorize penses’’ has the meaning given the term by any incomplete or ongoing projects pre- agricultural programs through 2018; the Director of the Office of Management viously carried out under the section re- which was ordered to lie on the table; and Budget under section 504(b)(2) of the En- pealed by subparagraph (A) through the as follows: ergy and Water Development and Related farmers’ market nutrition program estab- On page 1037, strike lines 8 through 17 and Agencies Appropriations Act, 2010 (31 U.S.C. lished under section 17(m) of the Child Nutri- insert the following: 1105 note; Public Law 111–85). tion Act of 1966 (42 U.S.C. 1786(m)). administrative expenses. (II) INCLUSIONS.—The term ‘‘administrative (C) USE OF SAVINGS.—Amounts saved as a ‘‘(3) REQUIREMENTS.—Not less than 80 per- expenses’’ include, with respect to an agen- result of the repeal made by subparagraph cent of the amount made available for a fis- cy— (A) shall be made available, without further cal year to carry out this section shall be (aa) costs incurred by the agency and costs appropriation, to the Secretary to carry out used— incurred by grantees, subgrantees, and other the food assistance activities of other pro- ‘‘(A) to increase access, availability and af- recipients of funds from a grant program or grams of the Department of Agriculture that fordability of specialty crops for children, other program administered by the agency; the Comptroller General of the United States youth, families and others at risk, including and identified as having positive outcomes re- specialty crops for meals served in schools (bb) expenses related to personnel salaries lated to the goals of the programs in the re- and food banks; and benefits, property management, travel, port entitled ‘‘Domestic Food Assistance: ‘‘(B) to ensure or promote food safety; program management, promotion, reviews Complex System Benefits Millions, but Addi- ‘‘(C) to protect specialty crops from plant and audits, case management, and commu- tional Efforts Could Address Potential Ineffi- pests and disease; and

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.045 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3680 CONGRESSIONAL RECORD — SENATE May 21, 2013 ‘‘(D) to produce specialty crops. the Consolidated Farm and Rural Develop- broadband service from any provider of ‘‘(4) PROHIBITIONS.—None of the funds made ment Act that does not have access to broadband service (including the appli- available under this section may used— broadband service from any provider of cant).’’; ‘‘(A) to produce, purchase, promote, or broadband service.’’; (4) in subsection (d)— market junk food or candy, including potato (3) in subsection (c)— (A) in paragraph (1)(A)— chips and chocolate; (A) in the subsection heading, by striking (i) in the matter preceding clause (i), by ‘‘(B) to sponsor field days at, or attend, ‘‘LOANS AND’’ and inserting ‘‘GRANTS, LOANS, striking ‘‘loan or’’ and inserting ‘‘grant, amusement parks or festivals; AND’’; loan, or’’; ‘‘(C) to support pageants or tours by pag- (B) in paragraph (1), by inserting ‘‘make (ii) by striking clause (i) and inserting the eant winners; or grants and’’ after ‘‘Secretary shall’’; following: ‘‘(D) to promote, produce, or otherwise (C) by striking paragraph (2) and inserting ‘‘(i) demonstrate the ability to furnish or support crops that are ornamental in na- the following: extend broadband service to all or part of an ture.’’; and ‘‘(2) PRIORITY.— unserved rural area that does not have resi- (5) in subsection (l) (as redesignated by ‘‘(A) IN GENERAL.—In making grants, loans, dential broadband service;’’; paragraph (3))— or loan guarantees under paragraph (1), the (iii) in clause (ii), by striking ‘‘a loan ap- (A) in paragraph (2), by striking ‘‘and’’ at Secretary shall— plication’’ and inserting ‘‘an application’’; the end; ‘‘(i) establish not less than 2, and not more and (B) in paragraph (3), by striking the period than 4, evaluation periods for each fiscal (iv) in clause (iii)— at the end and inserting ‘‘; and’’; and year to compare grant, loan, and loan guar- (I) by striking ‘‘the loan application’’ and (C) by adding at the end the following: antee applications; inserting ‘‘the application’’; and ‘‘(4) $55,000,000 for fiscal year 2014 and each ‘‘(ii) give the highest priority to applicants (II) by striking ‘‘proceeds from the loan fiscal year thereafter.’’. that offer to provide broadband service to made or guaranteed under this section are’’ the greatest proportion of unserved rural and inserting ‘‘assistance under this section SA 1007. Mr. COBURN (for himself households or rural households that do not is’’; and Mr. MCCAIN) submitted an amend- have residential broadband service, as— (B) in paragraph (2)— ment intended to be proposed by him ‘‘(I) certified by the affected community, (i) in subparagraph (A)— to the bill S. 954, to reauthorize agri- city, county, or designee; or ‘‘(II) demonstrated on— (I) in the matter preceding clause (i)— cultural programs through 2018; which (aa) by striking ‘‘the proceeds of a loan was ordered to lie on the table; as fol- ‘‘(aa) the broadband map of the affected State if the map contains address-level data; made or guaranteed’’ and inserting ‘‘assist- lows: or ance’’; and On page 332, strike lines 6 through 9, and ‘‘(bb) the National Broadband Map if ad- (bb) by striking ‘‘for the loan or loan guar- insert the following: dress-level data is unavailable; and antee’’ and inserting ‘‘of the eligible entity’’; SEC. 3102. FUNDING FOR MARKET ACCESS PRO- ‘‘(iii) provide equal consideration to all and GRAM. qualified applicants, including those that (II) in clause (ii), by striking ‘‘3’’ and in- Section 211(c) of the Agricultural Trade have not previously received grants, loans, serting ‘‘2’’; Act of 1978 (7 U.S.C. 5641(c)) is amended— or loan guarantees under paragraph (1). (ii) by striking subparagraph (B) and in- (1) in paragraph (1)(A)— ‘‘(B) OTHER.—After giving priority to the serting the following: (A) by striking ‘‘and’’ after ‘‘2005,’’; and applicants described in subparagraph (A), the ‘‘(B) ADJUSTMENTS.— (B) by inserting ‘‘, and $160,000,000 for each Secretary shall then give priority to projects ‘‘(i) INCREASE.—The Secretary may in- of fiscal years 2013 through 2018’’ after that serve rural communities— crease the household percentage requirement ‘‘2012,’’; and ‘‘(i) with a population of less than 20,000 under subparagraph (A)(i) if— (2) by adding at the end the following: permanent residents; ‘‘(I) more than 25 percent of the costs of ‘‘(3) PROHIBITION ON USE OF FUNDS FOR CER- ‘‘(ii) experiencing outmigration; the project are funded by grants made under TAIN ACTIVITIES.—None of the funds made ‘‘(iii) with a high percentage of low-income this section; or available to carry out this subsection shall residents; and ‘‘(II) the proposed service territory in- be used for— ‘‘(iv) that are isolated from other signifi- cludes 1 or more communities with a popu- ‘‘(A) animal spa products; cant population centers.’’; and lation in excess of 20,000. ‘‘(B) reality television shows; (D) by adding at the end the following: ‘‘(ii) REDUCTION.—The Secretary may re- ‘‘(C) cat or dog food or other pet food; ‘‘(3) GRANT AMOUNTS.— duce the household percentage requirement ‘‘(D) wine tastings, beer festivals or beer ‘‘(A) ELIGIBILITY.—To be eligible for a under subparagraph (A)(i)— award contests, beer tasting or beer school grant under this section, the project that is ‘‘(I) to not less than 15 percent, if the pro- seminars, and tastings or seminars for alco- the subject of the grant shall be carried out posed service territory does not have a popu- hol of any kind (including whiskeys and dis- in a rural area. lation in excess of 5,000 people; or tilled spirits); and ‘‘(B) MAXIMUM.—Except as provided in sub- ‘‘(II) to not less than 18 percent, if the pro- ‘‘(E) cheese award shows and contests. paragraph (D), the amount of any grant posed service territory does not have a popu- ‘‘(4) TRAVEL-RELATED EXPENSES.—The Sec- made under this section shall not exceed 50 lation in excess of 7,500 people.’’; and retary shall annually disclose to Congress, percent of the development costs of the (iii) in subparagraph (C), in the subpara- and post on a public website, a description of project for which the grant is provided. graph heading, by striking ‘‘3’’ and inserting all travel-related expenses incurred to carry ‘‘(C) GRANT RATE.—The Secretary shall es- ‘‘2’’; and out this subsection, including— tablish the grant rate for each project in ac- (C) in paragraph (3)— ‘‘(A) the purpose of the expenses; cordance with regulations issued by the Sec- (i) in subparagraph (A), by striking ‘‘loan ‘‘(B) the total costs incurred for travel-re- retary that shall provide for a graduated or’’ and inserting ‘‘grant, loan, or’’; and lated activities for each fiscal year; scale of grant rates that establish higher (ii) in subparagraph (B), by adding at the ‘‘(C) the number of participants and the af- rates for projects in communities that end the following: filiations of the participants; and have— ‘‘(iii) INFORMATION.—Information sub- ‘‘(D) the destination and itinerary of each ‘‘(i) remote locations; mitted under this subparagraph shall be— trip made to carry out this subsection.’’. ‘‘(ii) low community populations; ‘‘(I) certified by the affected community, ‘‘(iii) low income levels; city, county, or designee; and SA 1008. Mr. COBURN submitted an ‘‘(iv) developed the applications of the ‘‘(II) demonstrated on— amendment intended to be proposed by communities with the participation of com- ‘‘(aa) the broadband map of the affected him to the bill S. 954, to reauthorize binations of stakeholders, including— State if the map contains address-level data; agricultural programs through 2018; ‘‘(I) State, local, and tribal governments; or which was ordered to lie on the table; ‘‘(II) nonprofit institutions; ‘‘(bb) the National Broadband Map if ad- as follows: ‘‘(III) institutions of higher education; dress-level data is unavailable.’’; Strike section 6104 and insert the fol- ‘‘(IV) private entities; and (D) in paragraph (4)— lowing: ‘‘(V) philanthropic organizations; and (i) by striking ‘‘Subject to paragraph (1),’’ SEC. 6104. ACCESS TO BROADBAND TELE- ‘‘(v) targeted funding to provide broadband and inserting the following: COMMUNICATIONS SERVICES IN service in all or part of an unserved commu- ‘‘(A) IN GENERAL.—Subject to paragraph (1) RURAL AREAS. nity that does not have residential and subparagraph (B),’’; Section 601 of the Rural Electrification Act broadband service. (ii) by striking ‘‘loan or’’ and inserting of 1936 (7 U.S.C. 950bb) is amended— ‘‘(D) SECRETARIAL AUTHORITY TO ADJUST.— ‘‘grant, loan, or’’; and (1) in subsection (a), by striking ‘‘loans The Secretary may make grants of up to 75 (iii) by adding at the end the following: and’’ and inserting ‘‘grants, loans, and’’; percent of the development costs of the ‘‘(B) PILOT PROGRAMS.—The Secretary may (2) in subsection (b), by striking paragraph project for which the grant is provided to an carry out pilot programs in conjunction with (3) and inserting the following: eligible entity if the Secretary determines interested entities described in subparagraph ‘‘(3) RURAL AREA.—The term ‘rural area’ that the project serves a remote or low in- (A) (which may be in partnership with other means any area described in section 3002 of come area that does not have access to entities, as determined appropriate by the

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Secretary) to address areas that do not have ‘‘(bb) the amount and type of support re- ‘‘(1) IN GENERAL.—As a condition of receiv- residential broadband service’’; quested by each applicant; and ing a grant, loan, or loan guarantee under (E) in paragraph (5)— ‘‘(II) a list of the census block groups or this section, a recipient of assistance shall (i) in the matter preceding subparagraph proposed service territory, in a manner spec- provide to the Secretary address-level (A), by striking ‘‘loan or’’ and inserting ified by the Secretary, that the applicant broadband buildout data that indicates the ‘‘grant, loan, or’’; and proposes to service; location of new broadband service that is (ii) in subparagraph (C), by inserting ‘‘, and ‘‘(ii) provide not less than 15 days for being provided or upgraded within the serv- proportion relative to the service territory,’’ broadband service providers to voluntarily ice territory supported by the grant, loan, or after ‘‘estimated number’’; submit information about the broadband loan guarantee— (F) in paragraph (6), by striking ‘‘loan or’’ services that the providers offer in the ‘‘(A) for purposes of inclusion in the semi- and inserting ‘‘grant, loan, or’’; groups or tracts listed under clause (i)(II) so annual updates to the National Broadband (G) in paragraph (7), by striking ‘‘a loan that the Secretary may assess whether the Map that is managed by the National Tele- application’’ and inserting ‘‘an application’’; applications submitted meet the eligibility communications and Information Adminis- and requirements under this section; and tration (referred to in this subsection as the (H) by adding at the end the following: ‘‘(iii) if no broadband service provider sub- ‘Administration’); and ‘‘(8) TRANSPARENCY AND REPORTING.—The mits information under clause (ii), consider ‘‘(B) not later than 30 days after the earlier Secretary— the number of providers in the group or tract of— ‘‘(A) shall require any entity receiving as- to be established by reference to— ‘‘(i) the date of completion of any project sistance under this section to submit quar- ‘‘(I) the most current National Broadband milestone established by the Secretary; or terly, in a format specified by the Secretary, Map of the National Telecommunications ‘‘(ii) the date of completion of the project. a report that describes— and Information Administration; or ‘‘(2) ADDRESS-LEVEL DATA.—Effective be- ‘‘(i) the use by the entity of the assistance, ‘‘(II) any other data regarding the avail- ginning on the date the Administration re- including new equipment and capacity en- ability of broadband service that the Sec- ceives data described in paragraph (1), the hancements that support high-speed retary may collect or obtain through reason- broadband access for educational institu- Administration shall use only address-level able efforts; and broadband buildout data for the National tions, health care providers, and public safe- ‘‘(E) may establish additional reporting ty service providers (including the estimated Broadband Map. and information requirements for any recipi- ‘‘(3) CORRECTIONS.— number of end users who are currently using ent of any assistance under this section so as or forecasted to use the new or upgraded in- ‘‘(A) IN GENERAL.—The Secretary shall sub- to ensure compliance with this section.’’; mit to the Administration any correction to frastructure); and (5) in subsection (f), by striking ‘‘make a ‘‘(ii) the progress towards fulfilling the ob- the National Broadband Map that is based on loan or loan guarantee’’ and inserting ‘‘pro- the actual level of broadband coverage with- jectives for which the assistance was grant- vide assistance’’; ed, including— in the rural area, including any requests for (6) in subsection (g), by striking paragraph a correction from an elected or economic de- ‘‘(I) the number and location of residences (2) and inserting the following: and businesses that will receive new velopment official. ‘‘(2) TERMS.—In determining the term and ‘‘(B) INCORPORATION.—Not later than 30 broadband service, existing network service conditions of a loan or loan guarantee, the improvements, and facility upgrades result- days after the date on which the Administra- Secretary may— ing from the Federal assistance; tion receives a correction submitted under ‘‘(A) consider whether the recipient would ‘‘(II) the speed of broadband service; subparagraph (A), the Administration shall be serving an area that is unserved; and ‘‘(III) the price of broadband service; incorporate the correction into the National ‘‘(B) if the Secretary makes a determina- ‘‘(IV) any changes in broadband service Broadband Map. tion in the affirmative under subparagraph adoption rates, including new subscribers ‘‘(C) USE.—If the Secretary has submitted (A), establish a limited initial deferral period generated from demand-side projects; and a correction to the Administration under or comparable terms necessary to achieve ‘‘(V) any other metrics the Secretary de- subparagraph (A), but the National the financial feasibility and long-term sus- termines to be appropriate; Broadband Map has not been updated to re- tainability of the project.’’; ‘‘(B) shall maintain a fully searchable flect the correct by the date on which the (7) in subsection (j)— database, accessible on the Internet at no Secretary is making a grant or loan award (A) in the matter preceding paragraph (1), cost to the public, that contains, at a min- decision under this section, the Secretary by striking ‘‘loan and loan guarantee’’; imum— may use the correction submitted under that (B) in paragraph (1)— ‘‘(i) a list of each entity that has applied subparagraph for purposes of make the grant (i) by inserting ‘‘grants and’’ after ‘‘num- for assistance under this section; or loan award decision.’’; ber of’’; and ‘‘(ii) a description of each application, in- (10) subsection (l) (as redesignated by para- (ii) by inserting ‘‘, including any loan cluding the status of each application; graph (8))— terms or conditions for which the Secretary ‘‘(iii) for each entity receiving assistance (A) in paragraph (1)— provided additional assistance to unserved under this section— (i) by striking ‘‘$25,000,000’’ and inserting areas’’ before the semicolon at the end; ‘‘(I) the name of the entity; ‘‘$50,000,000’’; and (C) in paragraph (2)— ‘‘(II) the type of assistance being received; (ii) by striking ‘‘2012’’ and inserting ‘‘2018’’; (i) in subparagraph (A), by striking ‘‘loan’’; ‘‘(III) the purpose for which the entity is and and receiving the assistance; and (B) in paragraph (2)(A)— (ii) in subparagraph (B), by striking ‘‘loans ‘‘(IV) each quarterly report submitted (i) in clause (i), by striking ‘‘and’’ at the and’’ and inserting ‘‘grants, loans, and’’; under subparagraph (A); and end; (D) in paragraph (3), by striking ‘‘loan’’; ‘‘(iv) such other information as is suffi- (ii) in clause (ii), by striking the period at (E) in paragraph (5), by striking ‘‘and’’ at cient to allow the public to understand and the end and inserting ‘‘; and’’; and the end; monitor assistance provided under this sec- (iii) by adding at the end the following: (F) in paragraph (6), by striking the period tion; ‘‘(iii) set aside at least 1 percent to be used at the end and inserting ‘‘; and’’; and ‘‘(C) shall, in addition to other authority for— (G) by adding at the end the following: under applicable law, establish written pro- ‘‘(I) conducting oversight under this sec- ‘‘(7) the overall progress towards fulfilling cedures for all broadband programs adminis- tion; and the goal of improving the quality of rural tered by the Secretary that, to the max- ‘‘(II) implementing accountability meas- life by expanding rural broadband access, as imum extent practicable— ures and related activities authorized under demonstrated by metrics, including— ‘‘(i) recover funds from loan defaults; this section.’’; and ‘‘(A) the number of residences and busi- ‘‘(ii)(I) deobligate awards to grantees that (11) in subsection (m) (as redesignated by nesses receiving new broadband services; demonstrate an insufficient level of perform- paragraph (8))— ‘‘(B) network improvements, including fa- ance (including failure to meet build-out re- (A) by striking ‘‘loan or’’ and inserting cility upgrades and equipment purchases; quirements, service quality issues, or other ‘‘grant, loan, or’’; and ‘‘(C) average broadband speeds and prices metrics determined by the Secretary) or (B) by striking ‘‘2012’’ and inserting ‘‘2018’’. wasteful or fraudulent spending; and on a local and statewide basis; ‘‘(II) award those funds, on a competitive ‘‘(D) any changes in broadband adoption basis, to new or existing applicants con- rates; and SA 1009. Mr. COBURN submitted an ‘‘(E) any specific activities that increased sistent with this section; and amendment intended to be proposed by ‘‘(iii) consolidate and minimize overlap high speed broadband access for educational among the programs; institutions, health care providers. and pub- him to the bill S. 954, to reauthorize ‘‘(D) with respect to an application for as- lic safety service providers.’’; and agricultural programs through 2018; sistance under this section, shall— (8) by redesignating subsections (k) and (l) which was ordered to lie on the table; ‘‘(i) promptly post on the website of the as subsections (l) and (m), respectively; as follows: Rural Utility Service— (9) by inserting after subsection (j) the fol- ‘‘(I) an announcement that identifies— lowing: On page 374, between lines 14 and 15, insert ‘‘(aa) each applicant; ‘‘(k) BROADBAND BUILDOUT DATA.— the following:

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SEC. 4008. PROHIBITION ON CERTAIN USES OF to address water quality issues where need- ‘‘(9) PROHIBITION ON PREMIUM SUBSIDY FOR EBT CARDS. ed; and HARVEST PRICE POLICIES.—Notwithstanding Section 7(h) of the Food and Nutrition Act (6) there is no discernible environmental or any other provision of law and beginning of 2008 (7 U.S.C. 2016(h)) (as amended by sec- scientifically research-related need to create with the 2014 reinsurance year, the Corpora- tions 4007(a) and 4018(e)) is amended by add- a database or other system of records of live- tion may not pay any amount of premium ing at the end the following: stock operations in the United States by the subsidy in the case of a policy or plan of in- ‘‘(15) RESTRICTION ON USE TO OBTAIN CASH Administrator. surance that is based on the actual market BENEFITS.—An electronic benefit transfer (b) DEFINITIONS.—In this section: price of an agricultural commodity at the card shall not be used to obtain cash bene- (1) ADMINISTRATOR.—The term ‘‘Adminis- time of harvest.’’. fits, including through an automated teller trator’’ means the Administrator of the En- machine or through a cashback procedure at vironmental Protection Agency. a cash register.’’. (2) AGENCY.—The term ‘‘Agency’’ means SA 1014. Mr. FLAKE submitted an the Environmental Protection Agency. amendment intended to be proposed by SA 1010. Mr. COBURN submitted an (3) LIVESTOCK OPERATION.—The term ‘‘live- him to the bill S. 954, to reauthorize amendment intended to be proposed by stock operation’’ includes any operation in- agricultural programs through 2018; him to the bill S. 954, to reauthorize volved in the raising or finishing of livestock which was ordered to lie on the table; agricultural programs through 2018; and poultry. as follows: which was ordered to lie on the table; (c) PROCUREMENT AND DISCLOSURE OF IN- as follows: FORMATION.— On page 1111, after line 20, add the fol- (1) PROHIBITION.— lowing: At the appropriate place, insert the fol- (A) IN GENERAL.—Except as provided in lowing: SEC. 110ll. CROP INSURANCE SUBSIDY REDUC- paragraph (2), the Administrator, any officer TION. SEC. ll. PROHIBITING REPLACEMENT OF ICD–9 or employee of the Agency, or any con- WITH ICD–10 IN IMPLEMENTING tractor or cooperator of the Agency, shall (a) REDUCTION IN SHARE OF CROP INSURANCE HIPAA CODE SET STANDARDS. not disclose the information of any owner, PREMIUM PAID BY FEDERAL CROP INSURANCE (a) IN GENERAL.—The Secretary of Health operator, or employee of a livestock oper- CORPORATION.—Section 508(e)(2) of the Fed- and Human Services may not implement, ad- ation provided to the Agency by a livestock eral Crop Insurance Act (7 U.S.C. 1508(e)(2)) minister, or enforce the regulations issued is amended— on January 16, 2009 (74 Federal Register 3328), producer or a State agency in accordance with the Federal Water Pollution Control (1) in subparagraph (B)(i), by striking ‘‘67’’ the regulation issued on September 5, 2012 (77 and inserting ‘‘55’’; Federal Register 54664), or any similar regu- Act (33 U.S.C. 1251 et seq.) or any other law, including— (2) in subparagraph (E)(i), by striking ‘‘55’’ lation, insofar as any such regulation pro- and inserting ‘‘24’’; vides for the replacement of ICD–9 with ICD– (i) names; (3) in subparagraph (F)(i), by striking ‘‘48’’ 10 as a standard for code sets under section (ii) telephone numbers; and inserting ‘‘17’’; 1173(c) of the Social Security Act (42 U.S.C. (iii) email addresses; (4) in subparagraph (G)(i), by striking ‘‘38’’ 1320d–2(c)) and section 162.1002 of title 45, (iv) physical addresses; and inserting ‘‘13’’; Code of Federal Regulations. (v) Global Positioning System coordinates; (5) by redesignating subparagraphs (C) (b) GAO REPORT ON ICD–9 REPLACEMENT.— or through (G) as subparagraphs (G) through (1) STUDY.—The Comptroller General of the (vi) other identifying information regard- United States, in consultation with stake- ing the location of the owner, operator, or (K), respectively; and holders in the medical community, shall employee. (6) by inserting after subparagraph (B) the conduct a study to identify steps that can be (2) EFFECT.—Nothing in paragraph (1) af- following: taken to mitigate the disruption on health fects— ‘‘(C) In the case of additional coverage care providers resulting from a replacement (A) the disclosure of information described equal to or greater than 55 percent, but less of ICD–9 as such a standard. in paragraph (1) if— than 60 percent, of the recorded or appraised average yield indemnified at not greater (2) REPORT.—Not later than 6 months after (i) the information has been transformed the date of the enactment of this Act, the into a statistical or aggregate form at the than 100 percent of the expected market Comptroller General shall submit to each county level or higher without any informa- price, or a comparable coverage for a policy House of Congress a report on such study. tion that identifies the agricultural oper- or plan of insurance that is not based on in- Such report shall include such recommenda- ation or agricultural producer; or dividual yield, the amount shall be equal to tions respecting such replacement and such (ii) the livestock producer consents to the the sum of— legislative and administrative steps as may disclosure; ‘‘(i) 46 percent of the amount of the pre- be appropriate to mitigate the disruption re- (B) the authority of any State agency to mium established under subsection sulting from such replacement as the Comp- collect information on livestock operations; (d)(2)(B)(i) for the coverage level selected; troller General determines appropriate. or and (C) the authority of the Agency to disclose ‘‘(ii) the amount determined under sub- SA 1011. Mr. GRASSLEY (for himself the information on livestock operations to section (d)(2)(B)(ii) for the coverage level se- and Mr. DONNELLY) submitted an State governmental agencies. lected to cover operating and administrative amendment intended to be proposed by (3) CONDITION OF PERMIT OR OTHER PRO- expenses. ‘‘(D) In the case of additional coverage him to the bill S. 954, to reauthorize GRAMS.—The approval of any permit, practice, or program administered by the Admin- equal to or greater than 60 percent, but less agricultural programs through 2018; istrator shall not be conditioned on the con- than 65 percent, of the recorded or appraised which was ordered to lie on the table; sent of the livestock producer under para- average yield indemnified at not greater as follows: graph (2)(A)(ii). than 100 percent of the expected market On page 1125, after line 23, insert the fol- price, or a comparable coverage for a policy lowing: SA 1012. Mr. FLAKE (for himself and or plan of insurance that is not based on in- SEC. 12108. LIVESTOCK INFORMATION DISCLO- Mrs. MCCASKILL) submitted an amend- dividual yield, the amount shall be equal to SURE. ment intended to be proposed by him the sum of— (a) FINDINGS.—Congress finds that— to the bill S. 954, to reauthorize agri- ‘‘(i) 38 percent of the amount of the pre- (1) United States livestock producers sup- cultural programs through 2018; which mium established under subsection ply a vital link in the food supply of the was ordered to lie on the table; as fol- (d)(2)(B)(i) for the coverage level selected; United States, which is listed as a critical lows: and infrastructure by the Secretary of Homeland ‘‘(ii) the amount determined under sub- Security; On page 1065, strike lines 1 through 25. section (d)(2)(B)(ii) for the coverage level se- (2) domestic terrorist attacks have oc- Mr. FLAKE submitted an lected to cover operating and administrative curred at livestock operations across the SA 1013. expenses. United States, endangering the lives and amendment intended to be proposed by ‘‘(E) In the case of additional coverage property of people of the United States; him to the bill S. 954, to reauthorize equal to or greater than 65 percent, but less (3) livestock operations in the United agricultural programs through 2018; than 70 percent, of the recorded or appraised States are largely family owned and oper- which was ordered to lie on the table; average yield indemnified at not greater ated with most families living at the same as follows: than 100 percent of the expected market location as the livestock operation; On page 1101, between lines 5 and 6, insert price, or a comparable coverage for a policy (4) State governments and agencies are the the following: or plan of insurance that is not based on in- primary authority in almost all States for SEC. 110ll. PROHIBITION ON PREMIUM SUB- dividual yield, the amount shall be equal to the protection of water quality under the SIDY FOR HARVEST PRICE POLICIES. the sum of— Federal Water Pollution Control Act (33 Section 508(e) of the Federal Crop Insur- ‘‘(i) 42 percent of the amount of the pre- U.S.C. 1251 et seq.); ance Act (7 U.S.C. 1508(e)) (as amended by mium established under subsection (5) State agencies maintain records on section 11030(b)(2)) is amended by adding at (d)(2)(B)(i) for the coverage level selected; livestock operations and have the authority the end the following: and

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‘‘(ii) the amount determined under sub- (3) CONFORMING AMENDMENT.—Subpara- means any species of plant or fish or wildlife section (d)(2)(B)(ii) for the coverage level se- graph (B) of section 7803(d)(2) of the Internal (as those terms are defined in section 3 of the lected to cover operating and administrative Revenue Code of 1986 is amended by striking Endangered Species Act of 1973 (16 U.S.C. expenses. ‘‘Clauses (iii) and (iv)’’ and inserting 1532)) that is found entirely within the bor- ‘‘(F) In the case of additional coverage ‘‘Clauses (iv) and (v)’’. ders of a single State. equal to or greater than 70 percent, but less (4) EFFECTIVE DATE.—The amendments (b) TREATMENT.—An intrastate species than 75 percent, of the recorded or appraised made by this subsection shall apply to re- shall not be— average yield indemnified at not greater ports submitted after the date which is 6 (1) considered to be in interstate com- than 100 percent of the expected market months after the date of the enactment of merce; and price, or a comparable coverage for a policy this Act. (2) subject to regulation under— or plan of insurance that is not based on in- (A) the Endangered Species Act of 1973 (16 dividual yield, the amount shall be equal to SA 1016. Mr. LEE submitted an U.S.C. 1531 et seq.); or the sum of— amendment intended to be proposed by (B) any other provision of law under which ‘‘(i) 32 percent of the amount of the pre- him to the bill S. 954, to reauthorize regulatory authority is based on the power mium established under subsection agricultural programs through 2018; of Congress to regulate interstate commerce (d)(2)(B)(i) for the coverage level selected; which was ordered to lie on the table; as enumerated in article I, section 8, clause and as follows: 3 of the Constitution. ‘‘(ii) the amount determined under sub- Strike section 9009 and insert the fol- Mr. LEE submitted an section (d)(2)(B)(ii) for the coverage level se- lowing: SA 1020. lected to cover operating and administrative amendment intended to be proposed by SEC. 9009. BIOMASS CROP ASSISTANCE PRO- expenses.’’. GRAM. him to the bill S. 954, to reauthorize (b) BUDGETARY EFFECTS.—The budgetary Section 9011 of the Farm Security and agricultural programs through 2018; effects of this section, for the purpose of Rural Investment Act of 2002 (7 U.S.C. 8111) which was ordered to lie on the table; complying with the Statutory Pay-As-You- is repealed. as follows: Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budg- SA 1017. Mr. LEE submitted an At the end of subtitle C of title XII, add etary Effects of PAYGO Legislation’’ for this amendment intended to be proposed by the following: section, submitted for printing in the Con- him to the bill S. 954, to reauthorize SECTION 12llll. REINS ACT. gressional Record by the Chairman of the (a) SHORT TITLE.—This section may be agricultural programs through 2018; cited as the ‘‘Regulations From the Execu- Senate Budget Committee, provided that which was ordered to lie on the table; such statement has been submitted prior to tive in Need of Scrutiny Act of 2013’’ or the the vote on passage. as follows: ‘‘REINS Act’’. Strike subtitles A and B of title II and in- (b) FINDINGS AND PURPOSE.— SA 1015. Mr. FLAKE (for himself, Mr. sert the following: (1) FINDINGS.—Congress finds the following: RISCH, Ms. COLLINS, Mr. CHAMBLISS, SEC. 2001. REPEAL OF CONSERVATION RESERVE (A) Section 1 of article I of the United PROGRAM. States Constitution grants all legislative and Mr. ISAKSON) submitted an amend- Subchapter B of chapter 2 of subtitle D of powers to Congress. ment intended to be proposed by him title XII of the Food Security Act of 1985 (16 (B) Over time, Congress has excessively to the bill S. 954, to reauthorize agri- U.S.C. 3831 et seq.) is repealed. delegated its constitutional charge while cultural programs through 2018; which SEC. 2002. REPEAL OF CONSERVATION STEWARD- failing to conduct appropriate oversight and was ordered to lie on the table; as fol- SHIP PROGRAM. retain accountability for the content of the lows: Subchapter B of chapter 2 of subtitle D of laws it passes. title XII of the Food Security Act of 1985 (16 (C) By requiring a vote in Congress, the At the end of subtitle C of title XII, insert U.S.C. 3838d et seq.) is repealed. the following: REINS Act will result in more carefully drafted and detailed legislation, an improved SEC. 12213. PROHIBITION OF IDEOLOGY-BASED SA 1018. Mr. LEE submitted an TARGETING. regulatory process, and a legislative branch amendment intended to be proposed by that is truly accountable to the people of the (a) IN GENERAL.—The Internal Revenue him to the bill S. 954, to reauthorize Service is prohibited, within the exercise of United States for the laws imposed upon agricultural programs through 2018; them. its regulatory authority under the Internal which was ordered to lie on the table; Revenue Code of 1986 to review applications (2) PURPOSE.—The purpose of this section for exemption from taxation under section as follows: is to increase accountability for and trans- 501(a) of such Code, from developing or using On page 968, between lines 8 and 9, insert parency in the Federal regulatory process. (c) CONGRESSIONAL REVIEW OF AGENCY any methodology that applies dispropor- the following: RULEMAKING.—Chapter 8 of title 5, United tionate scrutiny to any applicant based on SEC. 8102. FOREST LEGACY PROGRAM. States Code, is amended to read as follows: the ideology expressed in the name or pur- (a) IN GENERAL.—Section 7 of the Coopera- pose of the organization. tive Forestry Assistance Act of 1978 (16 ‘‘CHAPTER 8—CONGRESSIONAL REVIEW (b) REPORT TO CONGRESS.— U.S.C. 2103c) is repealed. OF AGENCY RULEMAKING (b) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Subparagraph (A) of sec- ‘‘Sec. tion 7803(d)(2) of the Internal Revenue Code (1) Section 2A(c) of the Cooperative For- ‘‘801. Congressional review. of 1986 is amended— estry Assistance Act of 1978 (16 U.S.C. ‘‘802. Congressional approval procedure for (A) by redesignating clauses (ii), (iii), and 2101a(c)) is amended— major rules. (iv) as clauses (iii), (iv), and (v), respectively, (A) in paragraph (3), by inserting ‘‘and’’ ‘‘803. Congressional disapproval procedure and after the semicolon; for nonmajor rules. (B) by inserting after clause (i) the fol- (B) in paragraph (4), by striking ‘‘; and’’ ‘‘804. Definitions. lowing new clause: and inserting a period; and ‘‘805. Judicial review. ‘‘(ii) the number of complaints during the (C) by striking paragraph (5). ‘‘806. Exemption for monetary policy. period that allege disproportionate scrutiny (2) Section 19(b)(2) of the Cooperative For- ‘‘807. Effective date of certain rules. in the process of applying for exempt status estry Assistance Act of 1978 (16 U.S.C. ‘‘§ 801. Congressional review under section 501(a) based on the ideology of 2113(b)(2)) is amended— ‘‘(a)(1)(A) Before a rule may take effect, the applicants;’’. (A) in subparagraph (B), by inserting the Federal agency promulgating such rule ‘‘and’’ after the semicolon; (2) EVALUATION OF COMPLAINTS.—Paragraph shall submit to each House of Congress and (2) of section 7803(d) of the Internal Revenue (B) in subparagraph (C), by striking ‘‘; to the Comptroller General a report con- Code of 1986 is amended by adding at the end and’’ and inserting a period; and taining— the following new subparagraph: (C) by striking subparagraph (D). ‘‘(i) a copy of the rule; ‘‘(C) In the case of a complaint or allega- SA 1019. Mr. LEE submitted an ‘‘(ii) a concise general statement relating tion described in subparagraph (A)(ii), the to the rule; report shall provide an evaluation of the amendment intended to be proposed by ‘‘(iii) a classification of the rule as a major source and the circumstances of such com- him to the bill S. 954, to reauthorize or nonmajor rule, including an explanation plaints, including a timeline of events, iden- agricultural programs through 2018; of the classification specifically addressing tification of any Internal Revenue Service which was ordered to lie on the table; each criteria for a major rule contained employees involved in the case, and a deter- as follows: within sections 804(2)(A), 804(2)(B), and mination of whether such scrutiny was re- On page 1150, after line 15, add the fol- 804(2)(C); lated to the exercise of permitted political lowing: ‘‘(iv) a list of any other related regulatory activities (as determined under subsection SEC. 122llll. TREATMENT OF INTRASTATE actions intended to implement the same (c)(3) or (h), whichever is applicable, of sec- SPECIES. statutory provision or regulatory objective tion 501) by an applicant or exempt organiza- (a) DEFINITION OF INTRASTATE SPECIES.—In as well as the individual and aggregate eco- tion.’’. this section, the term ‘‘intrastate species’’ nomic effects of those actions; and

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.047 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3684 CONGRESSIONAL RECORD — SENATE May 21, 2013 ‘‘(v) the proposed effective date of the rule. ‘‘(3) An exercise by the President of the au- scribed in subsection (a) has been referred ‘‘(B) On the date of the submission of the thority under this subsection shall have no have not reported it at the end of 15 session report under subparagraph (A), the Federal effect on the procedures under section 802. days after its introduction, such committee agency promulgating the rule shall submit ‘‘(d)(1) In addition to the opportunity for or committees shall be automatically dis- to the Comptroller General and make avail- review otherwise provided under this chap- charged from further consideration of the able to each House of Congress— ter, sections 802 and 803 shall apply, in the resolution and it shall be placed on the cal- ‘‘(i) a complete copy of the cost-benefit succeeding session of Congress, to any rule endar. A vote on final passage of the resolu- analysis of the rule, if any; for which a report was submitted in accord- tion shall be taken on or before the close of ‘‘(ii) the actions of the agency pursuant to ance with subsection (a)(1)(A) during the pe- the 15th session day after the resolution is sections 603, 604, 605, 607, and 609 of title 5, riod beginning on the date occurring— reported by the committee or committees to United States Code; ‘‘(A) in the case of the Senate, 60 session which it was referred, or after such com- ‘‘(iii) the actions of the agency pursuant to days before the date the Congress is sched- mittee or committees have been discharged sections 1532, 1533, 1534, and 1535 of title 2, uled to adjourn a session of Congress from further consideration of the resolution. United States Code; and through the date on which the same or suc- ‘‘(d)(1) In the Senate, when the committee ‘‘(iv) any other relevant information or re- ceeding Congress first convenes its next ses- or committees to which a joint resolution is quirements under any other Act and any rel- sion; or referred have reported, or when a committee or committees are discharged (under sub- evant Executive orders. ‘‘(B) in the case of the House of Represent- section (c)) from further consideration of a ‘‘(C) Upon receipt of a report submitted atives, 60 legislative days before the date the joint resolution described in subsection (a), under subparagraph (A), each House shall Congress is scheduled to adjourn a session of it is at any time thereafter in order (even provide copies of the report to the chairman Congress through the date on which the though a previous motion to the same effect and ranking member of each standing com- same or succeeding Congress first convenes has been disagreed to) for a motion to pro- mittee with jurisdiction under the rules of its next session. ceed to the consideration of the joint resolu- the House of Representatives or the Senate ‘‘(2)(A) In applying sections 802 and 803 for tion, and all points of order against the joint to report a bill to amend the provision of law purposes of such additional review, a rule de- resolution (and against consideration of the under which the rule is issued. scribed under paragraph (1) shall be treated ‘‘(2)(A) The Comptroller General shall pro- joint resolution) are waived. The motion is as though— not subject to amendment, or to a motion to vide a report on each major rule to the com- ‘‘(i) such rule were published in the Federal mittees of jurisdiction by the end of 15 cal- postpone, or to a motion to proceed to the Register on— consideration of other business. A motion to endar days after the submission or publica- ‘‘(I) in the case of the Senate, the 15th ses- tion date as provided in section 802(b)(2). The reconsider the vote by which the motion is sion day after the succeeding session of Con- agreed to or disagreed to shall not be in report of the Comptroller General shall in- gress first convenes; or order. If a motion to proceed to the consider- clude an assessment of compliance by the ‘‘(II) in the case of the House of Represent- ation of the joint resolution is agreed to, the agency with procedural steps required by atives, the 15th legislative day after the suc- joint resolution shall remain the unfinished paragraph (1)(B). ceeding session of Congress first convenes; ‘‘(B) Federal agencies shall cooperate with business of the Senate until disposed of. and ‘‘(2) In the Senate, debate on the joint res- the Comptroller General by providing infor- ‘‘(ii) a report on such rule were submitted olution, and on all debatable motions and ap- mation relevant to the Comptroller Gen- to Congress under subsection (a)(1) on such peals in connection therewith, shall be lim- eral’s report under subparagraph (A). date. ited to not more than 2 hours, which shall be ‘‘(3) A major rule relating to a report sub- ‘‘(B) Nothing in this paragraph shall be divided equally between those favoring and mitted under paragraph (1) shall take effect construed to affect the requirement under those opposing the joint resolution. A mo- upon enactment of a joint resolution of ap- subsection (a)(1) that a report shall be sub- tion to further limit debate is in order and proval described in section 802 or as provided mitted to Congress before a rule can take ef- not debatable. An amendment to, or a mo- for in the rule following enactment of a joint fect. tion to postpone, or a motion to proceed to resolution of approval described in section ‘‘(3) A rule described under paragraph (1) the consideration of other business, or a mo- 802, whichever is later. shall take effect as otherwise provided by tion to recommit the joint resolution is not ‘‘(4) A nonmajor rule shall take effect as law (including other subsections of this sec- in order. provided by section 803 after submission to tion). ‘‘(3) In the Senate, immediately following Congress under paragraph (1). the conclusion of the debate on a joint reso- ‘‘(5) If a joint resolution of approval relat- ‘‘§ 802. Congressional approval procedure for major rules lution described in subsection (a), and a sin- ing to a major rule is not enacted within the gle quorum call at the conclusion of the de- ‘‘(a)(1) For purposes of this section, the period provided in subsection (b)(2), then a bate if requested in accordance with the term ‘joint resolution’ means only a joint joint resolution of approval relating to the rules of the Senate, the vote on final passage resolution addressing a report classifying a same rule may not be considered under this of the joint resolution shall occur. chapter in the same Congress by either the rule as major pursuant to section ‘‘(4) Appeals from the decisions of the House of Representatives or the Senate. 801(a)(1)(A)(iii) that— Chair relating to the application of the rules ‘‘(b)(1) A major rule shall not take effect ‘‘(A) bears no preamble; of the Senate to the procedure relating to a unless the Congress enacts a joint resolution ‘‘(B) bears the following title: ‘Approving joint resolution described in subsection (a) of approval described under section 802. the rule submitted by lll relating to shall be decided without debate. ‘‘(2) If a joint resolution described in sub- lll.’ (The blank spaces being appro- ‘‘(e) In the House of Representatives, if the section (a) is not enacted into law by the end priately filled in); committee or committees to which a joint of 70 session days or legislative days, as ap- ‘‘(C) includes after its resolving clause only resolution described in subsection (a) has plicable, beginning on the date on which the the following: ‘That Congress approves the been referred has not reported it to the report referred to in section 801(a)(1)(A) is re- rule submitted by lll relating to lll.’ House at the end of 15 legislative days after ceived by Congress (excluding days either (The blank spaces being appropriately filled its introduction, such committee or commit- House of Congress is adjourned for more than in); and tees shall be discharged from further consid- 3 days during a session of Congress), then the ‘‘(D) is introduced pursuant to paragraph eration of the joint resolution, and it shall rule described in that resolution shall be (2). be placed on the appropriate calendar. On deemed not to be approved and such rule ‘‘(2) After a House of Congress receives a the second and fourth Thursdays of each shall not take effect. report classifying a rule as major pursuant month it shall be in order at any time for ‘‘(c)(1) Notwithstanding any other provi- to section 801(a)(1)(A)(iii), the majority lead- the Speaker to recognize a Member who fa- sion of this section (except subject to para- er of that House (or the designee of the ma- vors passage of a joint resolution that has graph (3)), a major rule may take effect for jority leader) shall introduce (by request, if appeared on the calendar for not fewer than one 90-calendar-day period if the President appropriate) a joint resolution described in 5 legislative days to call up the joint resolu- makes a determination under paragraph (2) paragraph (1)— tion for immediate consideration in the and submits written notice of such deter- ‘‘(A) in the case of the House of Represent- House without intervention of any point of mination to the Congress. atives, within 3 legislative days; and order. When so called up, a joint resolution ‘‘(2) Paragraph (1) applies to a determina- ‘‘(B) in the case of the Senate, within 3 ses- shall be considered as read and shall be de- tion made by the President by Executive sion days. batable for 1 hour equally divided and con- order that the major rule should take effect ‘‘(3) A joint resolution described in para- trolled by the proponent and an opponent, because such rule is— graph (1) shall not be subject to amendment and the previous question shall be considered ‘‘(A) necessary because of an imminent at any stage of proceeding. as ordered to its passage without intervening threat to health or safety or other emer- ‘‘(b) A joint resolution described in sub- motion. It shall not be in order to reconsider gency; section (a) shall be referred in each House of the vote on passage. If a vote on final pas- ‘‘(B) necessary for the enforcement of Congress to the committees having jurisdic- sage of the joint resolution has not been criminal laws; tion over the provision of law under which taken by the third Thursday on which the ‘‘(C) necessary for national security; or the rule is issued. Speaker may recognize a Member under this ‘‘(D) issued pursuant to any statute imple- ‘‘(c) In the Senate, if the committee or subsection, such vote shall be taken on that menting an international trade agreement. committees to which a joint resolution de- day.

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.048 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3685 ‘‘(f)(1) For purposes of this subsection, the section (a), it is at any time thereafter in ‘‘(C) significant adverse effects on competi- term ‘identical joint resolution’ means a order (even though a previous motion to the tion, employment, investment, productivity, joint resolution of the first House that pro- same effect has been disagreed to) for a mo- innovation, or on the ability of United poses to approve the same major rule as a tion to proceed to the consideration of the States-based enterprises to compete with joint resolution of the second House. joint resolution, and all points of order foreign-based enterprises in domestic and ex- ‘‘(2) If the second House receives from the against the joint resolution (and against port markets; first House a joint resolution, the Chair shall consideration of the joint resolution) are ‘‘(3) the term ‘nonmajor rule’ means any determine whether the joint resolution is an waived. The motion is not subject to amend- rule that is not a major rule; and identical joint resolution. ment, or to a motion to postpone, or to a ‘‘(4) the term ‘rule’ has the meaning given ‘‘(3) If the second House receives an iden- motion to proceed to the consideration of such term in section 551, except that such tical joint resolution— other business. A motion to reconsider the term does not include— ‘‘(A) the identical joint resolution shall vote by which the motion is agreed to or dis- ‘‘(A) any rule of particular applicability, not be referred to a committee; and agreed to shall not be in order. If a motion including a rule that approves or prescribes ‘‘(B) the procedure in the second House to proceed to the consideration of the joint for the future rates, wages, prices, services, shall be the same as if no joint resolution resolution is agreed to, the joint resolution or allowances therefore, corporate or finan- had been received from the first house, ex- shall remain the unfinished business of the cial structures, reorganizations, mergers, or cept that the vote on final passage shall be Senate until disposed of. acquisitions thereof, or accounting practices on the identical joint resolution. ‘‘(2) In the Senate, debate on the joint res- or disclosures bearing on any of the fore- ‘‘(4) This subsection shall not apply to the olution, and on all debatable motions and ap- going; House of Representatives if the joint resolu- peals in connection therewith, shall be lim- ‘‘(B) any rule relating to agency manage- tion received from the Senate is a revenue ited to not more than 10 hours, which shall ment or personnel; or measure. be divided equally between those favoring ‘‘(C) any rule of agency organization, pro- ‘‘(g) If either House has not taken a vote and those opposing the joint resolution. A cedure, or practice that does not substan- on final passage of the joint resolution by motion to further limit debate is in order tially affect the rights or obligations of non- the last day of the period described in sec- and not debatable. An amendment to, or a agency parties. tion 801(b)(2), then such vote shall be taken motion to postpone, or a motion to proceed ‘‘§ 805. Judicial review on that day. to the consideration of other business, or a ‘‘(a) No determination, finding, action, or ‘‘(h) This section and section 803 are en- motion to recommit the joint resolution is omission under this chapter shall be subject acted by Congress— not in order. to judicial review. ‘‘(1) as an exercise of the rulemaking power ‘‘(3) In the Senate, immediately following ‘‘(b) Notwithstanding subsection (a), a of the Senate and House of Representatives, the conclusion of the debate on a joint reso- court may determine whether a Federal respectively, and as such is deemed to be lution described in subsection (a), and a sin- agency has completed the necessary require- part of the rules of each House, respectively, gle quorum call at the conclusion of the de- ments under this chapter for a rule to take but applicable only with respect to the pro- bate if requested in accordance with the effect. cedure to be followed in that House in the rules of the Senate, the vote on final passage ‘‘(c) The enactment of a joint resolution of case of a joint resolution described in sub- of the joint resolution shall occur. approval under section 802 shall not— section (a) and superseding other rules only ‘‘(4) Appeals from the decisions of the ‘‘(1) be interpreted to serve as a grant or where explicitly so; and Chair relating to the application of the rules modification of statutory authority by Con- ‘‘(2) with full recognition of the constitu- of the Senate to the procedure relating to a gress for the promulgation of a rule; tional right of either House to change the joint resolution described in subsection (a) ‘‘(2) extinguish or affect any claim, wheth- rules (so far as they relate to the procedure shall be decided without debate. er substantive or procedural, against any al- of that House) at any time, in the same man- ‘‘(e) In the Senate the procedure specified leged defect in a rule; and ner and to the same extent as in the case of in subsection (c) or (d) shall not apply to the ‘‘(3) form part of the record before the any other rule of that House. consideration of a joint resolution respecting court in any judicial proceeding concerning ‘‘§ 803. Congressional disapproval procedure a nonmajor rule— a rule except for purposes of determining for nonmajor rules ‘‘(1) after the expiration of the 60 session whether or not the rule is in effect. days beginning with the applicable submis- ‘‘(a) For purposes of this section, the term ‘‘§ 806. Exemption for monetary policy sion or publication date, or ‘joint resolution’ means only a joint resolu- ‘‘(2) if the report under section 801(a)(1)(A) ‘‘Nothing in this chapter shall apply to tion introduced in the period beginning on was submitted during the period referred to rules that concern monetary policy proposed the date on which the report referred to in in section 801(d)(1), after the expiration of or implemented by the Board of Governors of section 801(a)(1)(A) is received by Congress the 60 session days beginning on the 15th ses- the Federal Reserve System or the Federal and ending 60 days thereafter (excluding sion day after the succeeding session of Con- Open Market Committee. days either House of Congress is adjourned gress first convenes. ‘‘§ 807. Effective date of certain rules for more than 3 days during a session of Con- ‘‘(f) If, before the passage by one House of ‘‘Notwithstanding section 801— gress), the matter after the resolving clause a joint resolution of that House described in ‘‘(1) any rule that establishes, modifies, of which is as follows: ‘That Congress dis- subsection (a), that House receives from the opens, closes, or conducts a regulatory pro- approves the nonmajor rule submitted by the other House a joint resolution described in gram for a commercial, recreational, or sub- lll relating to lll, and such rule shall subsection (a), then the following procedures sistence activity related to hunting, fishing, have no force or effect.’ (The blank spaces shall apply: or camping; or being appropriately filled in). ‘‘(1) The joint resolution of the other ‘‘(b)(1) A joint resolution described in sub- ‘‘(2) any rule other than a major rule which House shall not be referred to a committee. section (a) shall be referred to the commit- an agency for good cause finds (and incor- ‘‘(2) With respect to a joint resolution de- tees in each House of Congress with jurisdic- porates the finding and a brief statement of scribed in subsection (a) of the House receiv- tion. reasons therefore in the rule issued) that no- ing the joint resolution— ‘‘(2) For purposes of this section, the term tice and public procedure thereon are im- ‘‘(A) the procedure in that House shall be ‘submission or publication date’ means the practicable, unnecessary, or contrary to the the same as if no joint resolution had been later of the date on which— public interest, received from the other House; but ‘‘(A) the Congress receives the report sub- shall take effect at such time as the Federal ‘‘(B) the vote on final passage shall be on mitted under section 801(a)(1); or agency promulgating the rule determines.’’. the joint resolution of the other House. ‘‘(B) the nonmajor rule is published in the (d) BUDGETARY EFFECTS OF RULES SUBJECT Federal Register, if so published. ‘‘§ 804. Definitions TO SECTION 802 OF TITLE 5, UNITED STATES ‘‘(c) In the Senate, if the committee to ‘‘For purposes of this chapter— CODE.—Section 257(b)(2) of the Balanced which is referred a joint resolution described ‘‘(1) the term ‘Federal agency’ means any Budget and Emergency Deficit Control Act in subsection (a) has not reported such joint agency as that term is defined in section of 1985 (2 U.S.C. 907(b)(2)) is amended by add- resolution (or an identical joint resolution) 551(1); ing at the end the following: at the end of 15 session days after the date of ‘‘(2) the term ‘major rule’ means any rule, ‘‘(E) Any rules subject to the congressional introduction of the joint resolution, such including an interim final rule, that the Ad- approval procedure set forth in section 802 of committee may be discharged from further ministrator of the Office of Information and chapter 8 of title 5, United States Code, af- consideration of such joint resolution upon a Regulatory Affairs of the Office of Manage- fecting budget authority, outlays, or receipts petition supported in writing by 30 Members ment and Budget finds has resulted in or is shall be assumed to be effective unless it is of the Senate, and such joint resolution shall likely to result in— not approved in accordance with such sec- be placed on the calendar. ‘‘(A) an annual effect on the economy of tion.’’. ‘‘(d)(1) In the Senate, when the committee $100,000,000 or more; to which a joint resolution is referred has re- ‘‘(B) a major increase in costs or prices for SA 1021. Mr. LEE submitted an ported, or when a committee is discharged consumers, individual industries, Federal, amendment intended to be proposed by (under subsection (c)) from further consider- State, or local government agencies, or geo- him to the bill S. 954, to reauthorize ation of a joint resolution described in sub- graphic regions; or agricultural programs through 2018;

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.048 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3686 CONGRESSIONAL RECORD — SENATE May 21, 2013 which was ordered to lie on the table; Not over $10,000 ...... 18% of such amount. ‘‘(ii) organized for 1 or more of the pur- as follows: Over $10,000 but not over $1,800, plus 20% of the ex- poses described in section 170(h)(4)(A) of that Code. At the end of subtitle C of title XII, insert $20,000. cess over $10,000. ‘‘(B) AUTHORIZATION.—The Secretary shall, the following: Over $20,000 but not over $3,800, plus 22% of the ex- $40,000. cess over $20,000. at the request of a State acting through the SEC. 12213. REPEAL OF ESTATE AND GENERA- Over $40,000 but not over $8,200, plus 24% of the ex- State lead agency, authorize the State to TION-SKIPPING TRANSFER TAXES. $60,000. cess over $40,000. allow qualified organizations to acquire, (a) ESTATE TAX REPEAL.—Subchapter C of Over $60,000 but not over $13,000, plus 26% of the ex- hold, and manage conservation easements, chapter 11 of subtitle B of the Internal Rev- $80,000. cess over $60,000. using funds provided through grants to the enue Code of 1986 is amended by adding at Over $80,000 but not over $18,200, plus 28% of the ex- State under this subsection, for purposes of the end the following new section: $100,000. cess over $80,000. the Forest Legacy Program in the State. ‘‘SEC. 2210. TERMINATION. Over $100,000 but not over $23,800, plus 30% of the ex- ‘‘(C) ELIGIBILITY.—To be eligible to acquire ‘‘(a) IN GENERAL.—Except as provided in $150,000. cess over $100,000. and manage conservation easements under subsection (b), this chapter shall not apply Over $150,000 but not over $38,800, plus 32% of the ex- this paragraph, a qualified organization shall to the estates of decedents dying on or after $250,000. cess of $150,000. demonstrate to the Secretary the abilities the date of the enactment of the Agriculture Over $250,000 but not over $70,800, plus 34% of the ex- necessary to acquire, monitor, and enforce Reform, Food, and Jobs Act of 2013. $500,000. cess over $250,000. interests in forest land consistent with the ‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALI- Over $500,000 ...... $155,800, plus 35% of the ex- Forest Legacy Program and the assessment FIED DOMESTIC TRUSTS.—In applying section cess of $500,000.’’. of need for the State. 2056A with respect to the surviving spouse of ‘‘(D) REVERSION.— (b) TREATMENT OF CERTAIN TRANSFERS IN a decedent dying before the date of the en- ‘‘(i) IN GENERAL.—If the Secretary, or a TRUST.—Section 2511 (relating to transfers in actment of the Agriculture Reform, Food, State acting through the State lead agency, general) is amended by adding at the end the and Jobs Act of 2013— makes any of the determinations described following new subsection: ‘‘(1) section 2056A(b)(1)(A) shall not apply in clause (ii) with respect to a conservation ‘‘(c) TREATMENT OF CERTAIN TRANSFERS IN to distributions made after the 10-year pe- easement acquired by a qualified organiza- TRUST.—Notwithstanding any other provi- riod beginning on such date, and sion of this section and except as provided in tion under subparagraph (B)— ‘‘(2) section 2056A(b)(1)(B) shall not apply regulations, a transfer in trust shall be ‘‘(I) all right, title, and interest of the on or after such date.’’. treated as a taxable gift under section 2503, qualified organization in and to the con- (b) GENERATION-SKIPPING TRANSFER TAX unless the trust is treated as wholly owned servation easement shall terminate; and REPEAL.—Subchapter G of chapter 13 of sub- by the donor or the donor’s spouse under sub- ‘‘(II) all right, title, and interest in and to title B of such Code is amended by adding at part E of part I of subchapter J of chapter the conservation easement shall revert to the end the following new section: 1.’’. the State or other qualified designee ap- ‘‘SEC. 2664. TERMINATION. (c) LIFETIME GIFT EXEMPTION.—Paragraph proved by the State. ‘‘This chapter shall not apply to genera- (1) of section 2505(a) of the Internal Revenue ‘‘(ii) DETERMINATIONS.—The determination-skipping transfers on or after the date Code of 1986 is amended to read as follows: tions referred to in clause (i) are that— of the enactment of the Agriculture Reform, ‘‘(1) the amount of the tentative tax which ‘‘(I) the qualified organization is unable to Food, and Jobs Act of 2013.’’. would be determined under the rate schedule carry out the responsibilities of the qualified (c) CONFORMING AMENDMENTS.— set forth in section 2502(a)(2) if the amount organization under the Forest Legacy Pro- (1) The table of sections for subchapter C of with respect to which such tentative tax is gram in the State with respect to the con- chapter 11 is amended by adding at the end to be computed were $5,000,000, reduced by’’. servation easement; the following new item: (d) CONFORMING AMENDMENTS.— ‘‘(II) the conservation easement has been modified or is being administered in a way ‘‘Sec. 2210. Termination.’’. (1) Section 2505(a) of such Code is amended by striking the last sentence. that is inconsistent with the purposes of the (2) The table of sections for subchapter G (2) The heading for section 2505 of such Forest Legacy Program or the assessment of of chapter 13 is amended by adding at the Code is amended by striking ‘‘UNIFIED’’. need for the State; or end the following new item: (3) The item in the table of sections for ‘‘(III) the conservation easement has been ‘‘Sec. 2664. Termination.’’. subchapter A of chapter 12 of such Code re- conveyed to another person (other than a (d) RESTORATION OF PRE-EGTRRA PROVI- lating to section 2505 is amended to read as qualified organization approved by the State SIONS NOT APPLICABLE.— follows: and the Secretary).’’. (1) IN GENERAL.—Section 301 of the Tax Re- ‘‘Sec. 2505. Credit against gift tax.’’. lief, Unemployment Insurance Reauthoriza- SA 1023. Mr. COWAN (for himself, (e) EFFECTIVE DATE.—The amendments Ms. MURKOWSKI, Ms. COLLINS, Ms. WAR- tion, and Job Creation Act of 2010 shall not made by this section shall apply to gifts apply to estates of decedents dying, and made on or after the date of the enactment REN, Mr. BLUMENTHAL, Mr. WHITE- transfers made, on or after the date of the of this Act. HOUSE, Mr. SCHUMER, Mr. BEGICH, Mr. enactment of this Act. (f) TRANSITION RULE.— LAUTENBERG, Mrs. SHAHEEN, Mr. REED, (2) EXCEPTION FOR STEPPED-UP BASIS.— (1) IN GENERAL.—For purposes of applying Mr. MURPHY, Mr. MENENDEZ, Mrs. Paragraph (1) shall not apply to the provi- sections 1015(d), 2502, and 2505 of the Internal GILLIBRAND, and Mr. KING) submitted sions of law amended by subtitle E of title V Revenue Code of 1986, the calendar year in an amendment intended to be proposed of the Economic Growth and Tax Relief Rec- which this Act is enacted shall be treated as by him to the bill S. 954, to reauthorize onciliation Act of 2001 (relating to carryover 2 separate calendar years one of which ends agricultural programs through 2018; basis at death; other changes taking effect on the day before the date of the enactment which was ordered to lie on the table; with repeal). of this Act and the other of which begins on (e) EFFECTIVE DATE.—The amendments such date of enactment. as follows: made by this section shall apply to the es- (2) APPLICATION OF SECTION 2504(b).—For At the end of subtitle C of title XII, add tates of decedents dying, and generation- purposes of applying section 2504(b) of the In- the following: skipping transfers, after the date of the en- ternal Revenue Code of 1986, the calendar SEC. 12213. SENSE OF CONGRESS ON FISHERY actment of this Act. year in which this Act is enacted shall be DISASTER ASSISTANCE. SEC. 12214. MODIFICATIONS OF GIFT TAX. treated as one preceding calendar period. (a) FINDINGS.—Congress makes the following findings: (a) COMPUTATION OF GIFT TAX.—Subsection (a) of section 2502 of the Internal Revenue SA 1022. Mr. MERKLEY submitted an (1) Commercial, recreational, and subsist- Code of 1986 is amended to read as follows: amendment intended to be proposed by ence fishing represents the livelihood of many hard-working people in the United ‘‘(a) COMPUTATION OF TAX.— him to the bill S. 954, to reauthorize States and, in 2011, fisheries supported more ‘‘(1) IN GENERAL.—The tax imposed by sec- agricultural programs through 2018; tion 2501 for each calendar year shall be an than 1,200,000 jobs in the United States. which was ordered to lie on the table; (2) Seafood represents an important source amount equal to the excess of— as follows: of high quality, nutritious food for the peo- ‘‘(A) a tentative tax, computed under para- ple of the United States, who consumed 15 graph (2), on the aggregate sum of the tax- On page 968, between lines 8 and 9, insert pounds of fish and shellfish in 2011 on aver- able gifts for such calendar year and for each the following: age per capita. of the preceding calendar periods, over SEC. 81ll. FOREST LEGACY PROGRAM. (3) Commercial, recreational, and subsist- ‘‘(B) a tentative tax, computed under para- Section 7(l) of the Cooperative Forestry ence fishing is an integral part of the eco- graph (2), on the aggregate sum of the tax- Assistance Act of 1978 (16 U.S.C. 2103c(l)) is nomic foundation for the coastal commu- able gifts for each of the preceding calendar amended by adding at the end the following: nities of the United States. periods. ‘‘(4) STATE AUTHORIZATION.— ‘‘(A) DEFINITION OF QUALIFIED ORGANIZA- (4) Despite adhering to strict catch limits, ‘‘(2) RATE SCHEDULE.— TION.—In this paragraph, a ‘qualified organi- many fishermen and historic fishing commu- ‘‘If the amount with respect The tentative zation’ means an organization— nities currently face extreme hardship as a to which the tentative tax tax is: ‘‘(i) defined in section 170(h)(3) of the Inter- result of dramatic declines in stocks due to to be computed is: nal Revenue Code of 1986; and natural disasters and undetermined causes.

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.048 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3687 (5) In 2012, using authority under the Inter- On page 1150, after line 15, add the fol- (3) regularly monitoring and reporting on jurisdictional Fisheries Act of 1986 (16 U.S.C. lowing: the health and population status of managed 4101 et seq.) and the Magnuson-Stevens Fish- SEC. 122lll. SENSE OF THE SENATE CON- and native pollinators including bees, birds, ery Conservation and Management Act of CERNING THE LABELING OF GE- bats, and other species. 1976 (16 U.S.C. 1801 et seq.), the Secretary of NETICALLY ENGINEERED FOODS. (b) INTERAGENCY TASK FORCE ON BEE Commerce declared fishery disasters with re- (a) FINDINGS.—The Senate finds that— HEALTH AND COMMERCIAL BEEKEEPING.— spect to the following: (1) 64 countries, including the United King- (1) ESTABLISHMENT.—The Secretary shall (A) Mississippi oyster and blue crab, in re- dom, South Korea, Japan, Brazil, Australia, establish an interagency task force— sponse to flooding that occurred in 2011, India, China, all countries of the European (A) to coordinate Federal efforts carried damage from the oil spill in the Gulf of Mex- Union, and other key United States trading out on or after the date of enactment of this ico in 2010, and Hurricane Katrina. partners, have laws or regulations man- Act to address the serious worldwide decline (B) Northeast Multispecies (Groundfish) dating the disclosure of genetically engi- in bee health, especially honey bees and de- Fishery, for Rhode Island, Maine, Massachu- neered food on food labels; clining native bees; and setts, New Hampshire, New York, and Con- (2) 26 States have introduced legislation in (B) to assess Federal efforts to mitigate necticut. 2013 that would require the labeling of ge- pollinator losses and threats to the United (C) Alaska Chinook salmon, for Chinook netically engineered foods; States commercial beekeeping industry. salmon fisheries in the Yukon River, (3) the Food and Drug Administration re- (2) MEMBERSHIP.—The task force estab- Kuskokwin River, and Cook Inlet. quires the labeling of more than 3,000 ingre- lished under this subsection shall be com- (D) New Jersey and New York, in response dients, additives, and processes; prised of officials from— to Hurricane Sandy. (4) the Food and Drug Administration has (A) the Department of Agriculture; (E) American Samoa, for bottomfish. the statutory authority to require the label- (B) the Department of the Interior; (6) Whenever a disaster has been declared ing of genetically engineered foods; and (C) the Environmental Protection Agency; by the Federal Government, Congress has (5) the process of genetic engineering re- (D) the Food and Drug Administration; and traditionally provided funding to assist sults in material changes to foods at the mo- (E) the Department of Commerce. those affected. lecular level that have never occurred in tra- (3) CONSULTATION.—The members of the (7) Since 1994, Federal fishery failures have ditional varieties and are determinative of task force established under this subsection been declared on 29 occasions and nearly food purchases by consumers. shall consult with beekeeper, conservation, $827,000,000 in Federal funding has been pro- (b) SENSE OF THE SENATE.—It is the sense scientist, and agricultural stakeholders. vided for fishery disaster relief. of the Senate that the United States should (c) REPORT TO CONGRESS.—Not later than (8) The Disaster Relief Appropriations Act, join the 64 other countries that have given 180 days after the date of enactment of this 2013 (division A of Public Law 113–2; 127 Stat. consumers the right to know if the foods Act, the task force established under sub- 4), did not include the funding for all fishery purchased to feed their families have been section (b) shall submit to Congress a report disasters declared in 2012 that was included genetically engineered or contain geneti- that summarizes— in the Senate bill and those fisheries con- cally engineered ingredients. (1) Federal activities carried out pursuant tinue to face dire economic straits. to section 1672(h) of the Food, Agriculture, (b) SENSE OF CONGRESS.—It is the sense of SA 1026. Mrs. BOXER submitted an Conservation, and Trade Act of 1990 (7 U.S.C. Congress that— amendment intended to be proposed by 5925(h)) or any other provision of law (includ- (1) it is important to support the commer- her to the bill S. 954, to reauthorize aging regulations) to address bee decline; and cial, recreational, and subsistence fishermen ricultural programs through 2018; (2) international efforts to address the de- of the United States, who risk their lives to which was ordered to lie on the table; cline of managed honeybees and native polli- put food on the tables of the people of the as follows: nators. United States and to support their commu- (d) POLLINATOR RESEARCH LAB FEASIBILITY nities; At the end of subtitle C of title XII, add the following: STUDY.— (2) it is in the national interest to ensure (1) IN GENERAL.—The Secretary, acting that the important and storied United States SEC. 122ll. REPORT ON GMO LABELING. Not later than 180 days after the date of through the Administrator of the Agricul- fishing industry survives and thrives well tural Research Service, shall conduct feasi- into the future; and enactment of this Act, the Secretary of Health and Human Services, acting through bility studies regarding— (3) funds should be provided, as soon as (A) establishing a new bee research labora- possible, for the fishery disasters declared by the Commissioner of Food and Drugs and in consultation with the Secretary of Agri- tory; and the Secretary of Commerce in 2012 and any (B) modernizing existing honey bee re- subsequent fishery disaster declarations. culture, shall submit a report to Congress on the methods of labeling genetically engi- search laboratories identified by the Agricul- tural Research Service in the capital invest- SA 1024. Mrs. BOXER submitted an neered food (also referred to as ‘‘GMO’’) in nations that require such labeling and the ment strategy document dated 2012. amendment intended to be proposed by (2) CONSULTATION.—In conducting the feasi- her to the bill S. 954, to reauthorize ag- probable impacts of having differing State labeling laws in the absence of a Federal la- bility studies under paragraph (1), the Sec- ricultural programs through 2018; beling standard with respect to genetically retary shall consult with— which was ordered to lie on the table; engineered food. (A) beekeeper, native bee, agricultural, reas follows: search institution, and bee conservation On page 986, between lines 4 and 5, insert SA 1027. Mrs. BOXER submitted an stakeholders regarding new research labora- the following: amendment intended to be proposed by tory needs under paragraph (1)(A); and (B) commercial beekeepers regarding mod- SEC. 8304. CULTURAL HERITAGE AND COOPERA- her to the bill S. 954, to reauthorize ag- TION. ernizing existing honey bee laboratories ricultural programs through 2018; under paragraph (1)(B). Section 8102 of the Food, Conservation, and which was ordered to lie on the table; Energy Act of 2008 (25 U.S.C. 3052) is amended by striking paragraph (5) and inserting the as follows: SA 1028. Mrs. BOXER submitted an following: At the end of subtitle C of title XII, add amendment intended to be proposed by ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ the following: her to the bill S. 954, to reauthorize ag- means— SEC. 12lll. PROTECTION OF HONEY BEES AND ricultural programs through 2018; ‘‘(A) any Indian or Alaska Native tribe, OTHER POLLINATORS. which was ordered to lie on the table; (a) IN GENERAL.—The Secretary, in co- band, nation, pueblo, village, or other com- as follows: munity the name of which is included on a operation with the Secretary of the Interior list published by the Secretary of the Inte- and the Administrator of the Environmental On page 862, strike lines 10 through 12 and rior pursuant to section 104 of the Federally Protection Agency, shall carry out such ac- insert the following: Recognized Indian Tribe List Act of 1994; or tivities as the Secretary determines to be ap- from the decennial census in the year 2020’’; ‘‘(B) any Indian group that has been for- propriate to protect and ensure the long- (2) by striking ‘‘25,000’’ and inserting mally recognized as an Indian tribe by a term viability of populations of honey bees, ‘‘35,000’’; and State.’’. wild bees, and other beneficial insects of ag- (3) by inserting after ‘‘families.’’ the fol- ricultural crops, horticultural plants, wild lowing: ‘‘The Secretary may continue to SA 1025. Mrs. BOXER (for herself, Ms. plants, and other plants, including— classify such an area to be ‘rural’ or a ‘rural MURKOWSKI, Mr. BLUMENTHAL, Mr. (1) providing formal guidance relating to area’ if the Secretary determines that the BEGICH, Mr. HEINRICH, and Mr. TESTER) proposed agency actions that may threaten area has a population in excess of 35,000, but submitted an amendment intended to pollinator health or jeopardize the long-term not in excess of 50,000, is rural in character, viability of populations of pollinators; and has a serious lack of mortgage credit for be proposed by her to the bill S. 954, to (2) making use of the best available peer- lower- and moderate-income families or lack reauthorize agricultural programs reviewed science regarding environmental of affordable housing, or a significant por- through 2018; which was ordered to lie and chemical stressors on pollinator health; tion of the population of the area is em- on the table; as follows: and ployed in agriculture.’’.

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.049 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3688 CONGRESSIONAL RECORD — SENATE May 21, 2013 SA 1029. Mr. WHITEHOUSE sub- operating loans to individuals or entities pri- intended to be proposed by him to the mitted an amendment intended to be marily engaged in commercial fishing or bill S. 954, to reauthorize agricultural proposed by him to the bill S. 954, to shellfish farming— programs through 2018; which was or- ‘‘(1) to pay the costs incident to reorga- reauthorize agricultural programs nizing a commercial fishing or shellfish dered to lie on the table; as follows: through 2018; which was ordered to lie farming business for more profitable oper- At the end of subtitle B of title XII, add on the table; as follows: ation; the following: On page 1150, after line 15, add the fol- ‘‘(2) to purchase commercial fishing or SEC. 12lll. STATE MEMORANDA OF UNDER- lowing: shellfish farming equipment to comply with STANDING REGARDING INTERSTATE regulatory requirements, meet management SHIPMENT OF STATE-INSPECTED SEC. 12ll. SENSE OF THE SENATE CONCERNING POULTRY AND MEAT ITEMS. CLIMATE CHANGE. objectives identified by the managing agen- (a) MEAT ITEMS.—Section 501 of the Fed- (a) FINDINGS.—The Senate finds that— cy, improve the quality of fishery resource harvests, or replace worn equipment; eral Meat Inspection Act (21 U.S.C. 683) is (1) evidence that human activity is con- amended— tributing significantly to climate change is ‘‘(3) to purchase fuel, bait, or to meet other essential commercial fishing or shellfish (1) in subsection (a)— based on sound measurement practices and (A) in paragraph (1), by inserting ‘‘that is well-understood physics; farming operating expenses; ‘‘(4) to finance commercial fishery or shell- located in a State that has enacted a manda- (2) measurements show that the acidity of tory State meat product inspection law that the oceans has increased almost 30 percent fish farming permits; ‘‘(5) to refinance indebtedness; or imposes ante mortem and post mortem in- since preindustrial times, at a rate that ex- spection, reinspection, and sanitation re- ceeds estimates of any rate in 50,000,000 ‘‘(6) to pay loan closing costs. ‘‘(b) ELIGIBILITY.—A commercial fisher- quirements that are at least equal to those years; man, a shellfish farmer, or an individual under this Act’’ before the period at the end; (3) almost 90 percent of scientists, almost holding a majority interest in an entity pri- and 95 percent of active climate scientists, and marily engaged in commercial fishing or (B) by striking paragraph (5); more than 30 major scientific organizations shellfish farming shall be eligible under this (2) by striking subsections (b) through (e) think humans are significantly contributing section only if the individual— and inserting the following: to climate change; ‘‘(1) is a citizen of the United States; ‘‘(b) STATE MEMORANDA OF UNDERSTANDING (4) the harms of climate change to agri- ‘‘(2) has a record of experienced commer- REGARDING INTERSTATE SHIPMENT OF STATE- culture include more frequent and severe cial fishing or shellfish farming that the Sec- INSPECTED MEAT ITEMS.— storms, more frequent flooding, worsening retary determines is sufficient to ensure a ‘‘(1) IN GENERAL.—Notwithstanding any droughts, changes in the range of pests and reasonable prospect of success in the com- other provision of law (including regula- invasive species, reduced agricultural pro- mercial fishing or shellfish farming oper- tions), a State may enter into a memo- ductivity, damaging stress to livestock ation proposed by the individual; and randum of understanding with another State health, and reduced productivity of agricul- ‘‘(3) is unable to obtain credit elsewhere. under which meat items from an eligible es- tural producers; ‘‘(c) CONSISTENCY WITH FISHERY MANAGE- tablishment in 1 State are sold in interstate (5) the Government Accountability Office— MENT OBJECTIVES.—Any loan under this sec- commerce in the other State, in accordance (A) has added the fiscal exposure of the tion shall support activities or purchases with the requirements of paragraph (2). Federal Government to climate change to consistent with the management objectives ‘‘(2) REQUIREMENTS.—To be eligible to the GAO High Risk list; and of the 1 or more fisheries or shellfish farms enter into a memorandum of understanding (B) has included exposure through the Fed- in which the eligible person described in sub- under paragraph (1), a State, acting through eral Crop Insurance Corporation as part of section (b) participates, which the Secretary the appropriate State agency, shall receive a the risk; may determine through consultation with— certification from the Secretary that— (6) agriculture-related industry contributes ‘‘(1) the Secretary of Commerce, acting ‘‘(A) the ante mortem and post mortem in- almost 5 percent to the economy of the through the Under Secretary of Commerce spection, reinspection, and sanitation re- United States; and for Oceans and Atmosphere; or quirements of the State are at least equal to (7) climate change presents a credible risk ‘‘(2) the appropriate State, local, or tribal those under this Act; and to— fishery or shellfish farming management au- ‘‘(B) the State employs designated per- (A) agriculture and forestry in the United thorities. sonnel to inspect meat items to be shipped States; and ‘‘(d) EVALUATION.—Not later than April 1, by eligible establishments in interstate com- 2016, the Secretary shall— (B) the infrastructure, health of the people, merce.’’; ‘‘(1) complete an evaluation of the pilot national security, and economy of the (3) by redesignating subsection (f) as sub- program; and United States. section (c); ‘‘(2) submit to the Committee on Agri- (b) SENSE OF THE SENATE.—It is the sense (4) by striking subsections (g), (h), and (j); culture of the House of Representatives and of the Senate that— and the Committee on Agriculture, Nutrition, (1) the scientific evidence and consensus (5) by redesignating subsection (i) as sub- and Forestry of the Senate a report describ- that supports the assertion that humans are section (d). ing results of the evaluation. contributing to climate change represents a (b) POULTRY ITEMS.—Section 31 of the credible risk to agriculture and related in- Poultry Products Inspection Act (21 U.S.C. dustries in the United States; SA 1031. Mrs. HAGAN submitted an amendment intended to be proposed by 472) is amended— (2) the scientific evidence and consensus (1) in subsection (a), by striking paragraph referred to in paragraph (1) is not product of her to the bill S. 954, to reauthorize ag- (5); a hoax or deception perpetrated on the peo- ricultural programs through 2018; (2) by striking subsections (b) through (g) ple of the United States; and which was ordered to lie on the table; and inserting the following: (3) efforts to reduce carbon pollution and as follows: ‘‘(b) STATE MEMORANDA OF UNDERSTANDING adapt to the effects of climate change are— On page 1076, between lines 17 and 18, insert REGARDING INTERSTATE SHIPMENT OF STATE- (A) economically prudent; and the following: INSPECTED POULTRY ITEMS.— (B) in the best security and fiscal interests SEC. 110ll. CROP INSURANCE FRAUD. ‘‘(1) IN GENERAL.—Notwithstanding any of the United States. Section 516(b)(2) of the Federal Crop Insur- other provision of law (including regula- ance Act (7 U.S.C. 1516(b)(2)) is amended by tions), a State may enter into a memo- SA 1030. Mr. WHITEHOUSE (for him- adding at the end the following: randum of understanding with another State self, Ms. MURKOWSKI, Mr. BEGICH, Mr. ‘‘(C) REVIEWS, COMPLIANCE, AND PROGRAM under which poultry items from an eligible COWAN, and Mr. REED) submitted an INTEGRITY.—For each of the 2014 and subse- establishment in 1 State are sold in inter- amendment intended to be proposed by quent reinsurance years, the Corporation state commerce in the other State, in ac- him to the bill S. 954, to reauthorize may use the insurance fund established cordance with the requirements of paragraph agricultural programs through 2018; under subsection (c), but not to exceed (2). $5,000,000 for each fiscal year, to pay the fol- ‘‘(2) REQUIREMENTS.—To be eligible to which was ordered to lie on the table; lowing: enter into a memorandum of understanding as follows: ‘‘(i) Costs to reimburse expenses incurred under paragraph (1), a State, acting through On page 462, between lines 2 and 3, insert for the review of policies, plans of insurance, the appropriate State agency, shall receive a the following: and related materials and to assist the Cor- certification from the Secretary that— ‘‘SEC. 32ll. PILOT PROGRAM OPERATING LOANS poration in maintaining program integrity. ‘‘(A) the ante mortem and post mortem in- TO COMMERCIAL FISHERMEN AND ‘‘(ii) In addition to other available funds, spection, reinspection, and sanitation re- SHELLFISH FARMERS. costs incurred by the Risk Management quirements of the State are at least equal to ‘‘(a) IN GENERAL.—In each of fiscal years Agency for compliance operations associated those under this Act; and 2014 through 2018, up to 1.5 percent of the with activities authorized under this title.’’. ‘‘(B) the State employs designated per- funds made available to carry out this chap- sonnel to inspect poultry items to be shipped ter for that fiscal year shall be used to carry SA 1032. Mr. KING (for himself and by eligible establishments in interstate com- out a pilot program to make and guarantee Mr. TESTER) submitted an amendment merce.’’;

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.050 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3689 (3) by redesignating subsection (h) as sub- operates a facility described in paragraph (2) (iii) soil and water conservation districts; section (c); and may enter into a lease or other agreement but (4) by striking subsection (i). with any other person for the purpose of (B) that policy is undermined by other processing poultry of the other person at the policies that do not evaluate the effect on SA 1033. Mr. KING submitted an facility— the entire service system of a decision of amendment intended to be proposed by ‘‘(A) subject to the condition that each such an agency to relocate staff or close an him to the bill S. 954, to reauthorize person that is a party to the agreement has office, which often results in a cost shift to agricultural programs through 2018; in place a hazard analysis and critical con- rural communities, farmers, and landowners. which was ordered to lie on the table; trol points plan; and (b) GUIDELINES.—As soon as practicable ‘‘(B) regardless of whether the Secretary after the date of enactment of this Act, the as follows: grants an exemption for the processing under Secretary shall publish guidelines— At the end of subtitle C of title XII, add section 15(c)(3) or any other provision of law (1) to encourage the colocation of offices of the following: (including regulations). the Farm Service Agency, the Natural Re- SEC. 12llll. SCIENTIFIC AND ECONOMIC ‘‘(2) DESCRIPTION OF FACILITY.—A facility sources Conservation Service, and soil and ANALYSIS OF THE FDA FOOD SAFE- referred to in paragraph (1) is a facility water conservation districts to establish ‘‘1- TY MODERNIZATION ACT. that— stop’’ farm business centers of the Depart- (a) IN GENERAL.—The Secretary of Health ‘‘(A) has been inspected in accordance with ment of Agriculture to increase efficiency, and Human Services (referred to in this sec- the requirements of this Act; improve communication with agency and tion as the ‘‘Secretary’’) may not enforce ‘‘(B) has a capacity of not more than 20,000 local government partners, and enhance any regulations promulgated under the FDA poultry; and service delivery to rural communities; and Food Safety Modernization Act (Public Law ‘‘(C) is not used by the owner or operator of (2) relating to the use of donated office 111–353) until the Secretary publishes in the the facility to the full capacity of the facil- space, on a full-time or part-time basis, from Federal Register the following: ity.’’. local governments and other appropriate en- (1) An analysis of the scientific informa- (b) CONFORMING AMENDMENT.—Section tities. tion used in the final rule to implement the 15(c)(3)(B) of the Poultry Products Inspection FDA Food Safety Modernization Act with a Act (21 U.S.C. 464(c)(3)(B)) is amended by in- SA 1036. Mr. SANDERS submitted an particular focus on— serting ‘‘subject to section 7(c),’’ before amendment intended to be proposed by (A) agricultural businesses of a variety of ‘‘slaughters or processes’’. sizes; him to the bill S. 954, to reauthorize (B) regional differences of agriculture pro- SA 1035. Mr. KING (for himself, Ms. agricultural programs through 2018; duction, processing, marketing, and value COLLINS, and Mrs. GILLIBRAND) sub- which was ordered to lie on the table; added production; mitted an amendment intended to be as follows: (C) agricultural businesses that are diverse proposed by him to the bill S. 954, to On page 378, between lines 15 and 16, insert livestock and produce producers; reauthorize agricultural programs the following: (D) the impact on local food systems and through 2018; which was ordered to lie SEC. 40ll. DATA COLLECTION. the availability of local food; and on the table; as follows: Section 11 of the Food and Nutrition Act of (E) what, if any, negative impact on the 2008 (7 U.S.C. 2020) is amended by adding at agricultural businesses and local food sys- At the end of subtitle F of title II, add the the end the following: tems would be created, or exacerbated, by following: ‘‘(v) DATA COLLECTION.—The Secretary implementation of the FDA Food Safety SEC. 25lll. FARM BUSINESS CENTERS. shall compile data on incidences in which el- Modernization Act. (a) FINDINGS.—Congress finds that— igible households who are otherwise eligible (2) An analysis of the economic impact of (1) Federal conservation programs, such as to continue receiving benefits under the sup- the proposed final rule to implement the the Conservation Stewardship Program and plemental nutrition assistance program are FDA Food Safety Modernization Act with a the Environmental Quality Incentives Pro- determined to be ineligible and required to particular focus on— gram— reapply for eligibility, whether through an (A) agricultural businesses of a variety of (A) help farmers and landowners reduce administrative error or through the fault of sizes; soil erosion, enhance water supplies, improve the eligible household.’’. (B) small and mid-sized value added food water quality, and improve wildlife habitat; processors; and and (C) the availability of local foods in Farm- (B) represent the shared cost and responsi- SA 1037. Mr. SANDERS submitted an ers Markets, Community Supported Agri- bility of the Federal Government and farm- amendment intended to be proposed by culture, restaurants, and food hubs. ers and landowners for conservation; him to the bill S. 954, to reauthorize (3) A plan to systematically evaluate the (2) much of the support provided by the agricultural programs through 2018; regulations by surveying farmers and proc- programs described in paragraph (1) is in the which was ordered to lie on the table; form of technical support to help farmers essors and developing an ongoing process to as follows: evaluate and address business concerns. and landowners achieve conservation goals; On page 414, between lines 5 and 6, insert (b) ANNUAL REPORT.—Not later than 1 year (3)(A) section 14212(b)(1)(B) of the Food, the following: after the date of enactment of this Act and Conservation, and Energy Act of 2008 (7 annually thereafter, the Secretary shall sub- U.S.C. 6932a(b)(1)(B)) provided for the closing SEC. 42ll. PILOT PROGRAM FOR HIGH-POVERTY mit to the Committee on Agriculture, Nutri- of Farm Service Agency offices if the offices SCHOOLS. tion, and Forestry and the Committee on had 2 or fewer permanent full-time employ- Section 18(h) of the Richard B. Russell Na- Health, Education, Labor, and Pensions of ees; but tional School Lunch Act (42 U.S.C. 1769(h)) is the Senate and the Committee on Agri- (B) that provision failed to take into con- amended— culture of the House of Representatives a re- sideration that— (1) in paragraph (1)(B), in the matter pre- port on the impact of implementation of the (i) some Farm Service Agency offices were ceding clause (i), by striking ‘‘5 States’’ and regulations promulgated under the FDA colocated; inserting ‘‘10 States’’; and Food Safety Modernization Act. (ii) some Farm Service Agency programs (2) in paragraph (2), by striking ‘‘2015’’ and were interdependent; and inserting ‘‘2020’’. SA 1034. Mr. KING submitted an (iii) that colocation and interdependence amendment intended to be proposed by served as an advantage; SA 1038. Mr. SANDERS submitted an him to the bill S. 954, to reauthorize (4) reducing staff levels and closing Farm amendment intended to be proposed by Service Agency and Natural Resources Con- him to the bill S. 954, to reauthorize agricultural programs through 2018; servation Service offices makes it more dif- which was ordered to lie on the table; agricultural programs through 2018; ficult for farmers and landowners to partici- which was ordered to lie on the table; as follows: pate in Federal programs; At the end of subtitle B of title XII, add (5)(A) the State of Maine is increasing the as follows: the following: number of new, small, and mid-sized farms in On page 378, between lines 15 and 16, insert SEC. 12lll. POULTRY PROCESSING AT CERTAIN the State; and the following: FACILITIES. (B) for many of those farms, access to tech- SEC. 4lll. SENIOR APPLICANT INTERVIEW (a) IN GENERAL.—Section 7 of the Poultry nical assistance is critical for success; and WAIVER OPTION. Products Inspection Act (21 U.S.C. 456) is (6)(A) the policy of the Administrative and Section 11 of the Food and Nutrition Act of amended by adding at the end the following: Financial Management office of the Depart- 2008 (7 U.S.C. 2020) is amended by adding at ‘‘(c) PROCESSING AT CERTAIN FACILITIES.— ment of Agriculture in effect on the date of the end the following: ‘‘(1) IN GENERAL.—Notwithstanding any enactment of this Act supports consolidation ‘‘(v) SENIOR APPLICANT INTERVIEW WAIVER other provision of law (including section of offices of— OPTION.— 381.10(b)(2) of title 9, Code of Federal Regula- (i) the Farm Service Agency; ‘‘(1) IN GENERAL.—The Secretary shall give tions (as in effect on the date of enactment (ii) the Natural Resources Conservation each participating State the option to carry of this subsection)), a person that owns or Service offices; and out the supplemental nutrition assistance

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(a) QUALIFIED.—Section 418(l)(1)(C)(ii) of ‘‘(2) PROHIBITION.—In the case of a partici- the Federal Food, Drug, and Cosmetic Act reauthorize agricultural programs pating State that elects to take the option (21 U.S.C. 350g(l)(1)(C)(ii)) is amended— through 2018; which was ordered to lie described in paragraph (1), no applicant (1) in subclause (I), by striking ‘‘value of on the table; as follows: household described in that paragraph for the food manufactured’’ each place such On page 731, between lines 6 and 7, insert which the eligibility interview is waived term appears and inserting ‘‘value of the the following: shall be denied benefits under the supple- food subject to the requirements of this sec- mental nutrition assistance program solely tion that is manufactured’’; and ‘‘SEC. 3708. LAND GRANT-MERCEDES. as a result of that waiver. (2) in subclause (II), by striking ‘‘value of ‘‘(a) FINDINGS.—Congress finds that— ‘‘(3) VERIFICATION.—If a participating State all food sold’’ and inserting ‘‘value of all food ‘‘(1) Spanish and Mexican land grant-mer- that elects to take the option described in subject to the requirements of this section cedes are part of a unique and important his- paragraph (1) determines that any informa- that is sold’’. tory in the southwest United States dating tion on the application of an applicant (b) PRODUCE SAFETY AND PREVENTIVE CON- back to the 1600s and becoming incorporated household subject to a waiver is question- TROLS.—Section 419(f)(1) of the Federal Food, into the United States through the Treaty of able, the applicable State agency may con- Drug, and Cosmetic Act (21 U.S.C. 350h(f)(1)) Peace, Friendship, Limits, and Settlement tact the applicant household directly or re- is amended— between the United States of America and quest additional verification of the question- (1) in subparagraph (A), by striking ‘‘food the Mexican Republic, signed at Guadalupe able information.’’. sold by’’ each place such term appears and inserting ‘‘food subject to the requirements Hidalgo February 2, 1848, and entered into Mr. CRAPO (for himself and of this section that is sold by’’; and force May 30, 1848 (9 Stat. 922) (commonly re- SA 1039. ferred to as the ‘Treaty of Guadalupe Hi- Mr. RISCH) submitted an amendment (2) in subparagraph (B), by striking ‘‘value of all food sold’’ and inserting ‘‘value of all dalgo’); intended to be proposed by him to the ‘‘(2) the years following the signing of that bill S. 954, to reauthorize agricultural food subject to the requirements of this section that is sold’’. treaty resulted in a significant loss of land programs through 2018; which was or- originally belonging to the land grant-mer- dered to lie on the table; as follows: cedes due to manipulations and unfulfilled SA 1043. Mr. PRYOR (for himself, Mr. At the end of subtitle C of title XXII, add commitments; COONS, and Mr. CHAMBLISS) submitted the following: ‘‘(3) the land grant-mercedes that are rec- an amendment intended to be proposed ognized as political subdivisions are in need SEC. 12lll. PROHIBITION AGAINST FINALIZING, IMPLEMENTING, OR ENFORCING by him to the bill S. 954, to reauthorize of increased economic opportunities; and THE PROPOSED RULE ENTITLED agricultural programs through 2018; ‘‘(4) the rural development programs of the ‘‘STANDARDS FOR THE GROWING, which was ordered to lie on the table; Department of Agriculture are an appro- HARVESTING, PACKING, AND HOLD- as follows: priate venue for addressing the needs of the ING OF PRODUCE FOR HUMAN CON- land grant-mercedes. SUMPTION’’. Beginning on page 1085, strike line 11 and No Federal funds may be used to finalize, all that follows through page 1086, line 17, ‘‘(b) DEFINITIONS.—In this section: implement or enforce the proposed rule enti- and insert the following: ‘‘(1) LAND GRANT-MERCEDES.—The term tled ‘‘Standards for the Growing, Harvesting, ‘‘(i) a study to determine the feasibility of ‘land grant-mercedes’ means land that was Packing, and Holding of Produce for Human insuring commercial poultry production granted by the government of Spain or the Consumption’’ published by the Department against business disruptions caused by inte- government of Mexico to a community, of Health and Human Services on January 16, grator bankruptcy or other significant mar- town, colony, pueblo, or person for the pur- 2013 (78 Fed. Reg. 3503), or any successor or ket disruptions; and pose of establishing a community, town, col- substantially similar rule. ‘‘(ii) a study to determine the feasibility of ony, or pueblo. insuring poultry producers for a catastrophic ‘‘(2) LAND GRANT COUNCIL.—The term ‘Land SA 1040. Mr. ENZI submitted an event. Grant Council’ means an agency of the New Mexico State government established by ‘‘(C) BUSINESS DISRUPTION STUDY.—The amendment intended to be proposed to law— amendment SA 925 submitted by Mrs. study described in subparagraph (B)(i) shall— ‘‘(A) to provide support to land grants-mer- SHAHEEN (for herself, Mr. KIRK, Mr. ‘‘(i) evaluate the market place for business cedes in the State of New Mexico; and TOOMEY, Mr. DURBIN, Mrs. FEINSTEIN, disruption insurance that is available to ‘‘(B) to serve as a liaison between land Mr. ALEXANDER, Ms. AYOTTE, Mr. poultry producers; grant-mercedes and other State agencies and CORKER, Mr. LAUTENBERG, Mr. ‘‘(ii) assess the feasibility of a policy to the Federal government. PORTMAN, Mr. COATS, Mr. MCCAIN, Mr. allow producers to ensure against a portion ‘‘(3) QUALIFIED LAND GRANT-MERCEDES.— The term ‘qualified land grant-mercedes’ COONS, Mr. COBURN, Mr. WARNER, Mr. of losses from loss under contract due to business disruptions from integrator bank- means a land grant-mercedes recognized JOHNSON of Wisconsin, Mr. KAINE, and under a State law. Mr. HELLER) and intended to be pro- ruptcy or other significant market disrup- posed to the bill S. 954, to reauthorize tions; and ‘‘(c) PROGRAM.— ‘‘(iii) analyze the costs to the Federal Gov- ‘‘(1) IN GENERAL.—In addition to any other agricultural programs through 2018; ernment of a Federal business disruption in- funds made available for similar purposes, which was ordered to lie on the table; surance program for poultry producers. the Secretary shall use funds set aside under as follows: ‘‘(D) REPORTS.—Not later than 1 year after paragraph (3) to provide grants to qualified On page 5 of the amendment, line 14, before the date of enactment of this paragraph, the land grant-mercedes and the Land Grant the period at the end insert ‘‘and eliminate Corporation shall submit to the Committee Council for the purpose of carrying out eco- the tariff-rate quotas for maple syrup and on Agriculture of the House of Representa- nomic development initiatives under— specialty syrups’’. tives and the Committee on Agriculture, Nu- ‘‘(A) the Special Evaluation Assistance for trition, and Forestry of the Senate a report Rural Communities and Households SA 1041. Mr. ENZI submitted an that describes the results of— (SEARCH) program under section 3501(e)(6); amendment intended to be proposed by ‘‘(i) the study carried out under subpara- ‘‘(B) the community facility grant program him to the bill S. 954, to reauthorize graph (B)(i); and under section 3502; ‘‘(ii) the study carried out under subpara- ‘‘(C) the program of rural business develop- agricultural programs through 2018; graph (B)(ii). ment grants and rural business enterprise which was ordered to lie on the table; ‘‘(E) IMPLEMENTATION.—The Board shall re- grants under section 3601(a); as follows: view the policy described in subparagraph ‘‘(D) the rural microentrepreneur assist- Strike section 12208. (B) under subsection 508(h) and approve the ance program under section 3601(f)(2); and policy if the Board finds that the policy— ‘‘(E) the rural community development ini- SA 1042. Mr. KING (for himself and ‘‘(i) will likely result in a viable and mar- tiative. Mr. TESTER) submitted an amendment ketable policy consistent with this sub- ‘‘(2) FEDERAL SHARE.—Notwithstanding any intended to be proposed by him to the section; other requirement of the programs described bill S. 954, to reauthorize agricultural ‘‘(ii) would provide crop insurance cov- in paragraph (1), the Secretary shall make erage in a significantly improved form; available to qualified land grant-mercedes programs through 2018; which was or- ‘‘(iii) adequately protects the interests of grants under those programs at a Federal dered to lie on the table; as follows: producers; and share of up to 100 percent. At the end of subtitle C of title XII, add ‘‘(iv) meets other requirements of this sub- ‘‘(3) SET ASIDE.—Notwithstanding any the following: title determined appropriate by the Board.’’. other provision of law, of amounts made

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available for a fiscal year for rural develop- ‘‘(3) IDENTIFICATION.—The Secretary shall ‘‘(B) is a local organization or government ment programs of the Department of Agri- work with State executives, officials of non- entity. culture, $10,000,000 shall be used to carry out metropolitan local governments, and offi- ‘‘(4) RESERVATION OF FUNDS.— this section.’’. cials of federally recognized Indian tribes, as ‘‘(A) IN GENERAL.—The Secretary shall re- appropriate, to identify communities that serve an amount of not more than 5 percent SA 1045. Mr. UDALL of New Mexico qualify as ‘frontier communities’ based on of all funds made available for programs of (for himself and Mr. HEINRICH) sub- the weighted matrix. the rural development mission area for a fis- mitted an amendment intended to be ‘‘(4) RECONSIDERATION PROCESS.—The Sec- cal year to make grants in accordance with proposed by him to the bill S. 954, to retary shall establish a reconsideration proc- this subsection. reauthorize agricultural programs ess under which a community that has not ‘‘(B) INSUFFICIENT APPLICATIONS.—If funds been designated as a ‘frontier community’ reserved under subparagraph (A) remain through 2018; which was ordered to lie may petition for designation. available due to insufficient applications on the table; as follows: ‘‘(b) RESERVATION OF FUNDS FOR FRONTIER after the end of the 180-day period beginning On page 1150, afer line 15, add the fol- COMMUNITIES.— on the date on which the funds are reserved, lowing: ‘‘(1) IN GENERAL.—The Secretary shall re- the Secretary shall use the funds for the pur- SEC. 12lll. RECEIPT FOR SERVICE OR DENIAL serve an amount of not less than 3 percent of poses for which the funds were originally OF SERVICE FROM CERTAIN DE- all funds made available for a fiscal year for made available.’’. PARTMENT OF AGRICULTURE AGEN- programs of the rural development mission CIES. Mr. UDALL of New Mexico area that provide grants, loans, or loan guar- SA 1048. Section 2501A(e) of the Food, Agriculture, antees to communities, for the costs of mak- (for himself and Mr. HEINRICH) sub- Conservation, and Trade Act of 1990 (7 U.S.C. ing grants, loans, or loan guarantees to fron- mitted an amendment intended to be 2279–1(e)) is amended by striking ‘‘and, at the tier communities in accordance with those proposed by him to the bill S. 954, to time of the request, also requests a receipt’’. programs and this section. reauthorize agricultural programs SA 1046. Mr. UDALL of New Mexico ‘‘(2) REQUIREMENTS.— through 2018; which was ordered to lie ‘‘(A) IN GENERAL.—Except as provided in (for himself and Mr. HEINRICH) sub- on the table; as follows: subparagraph (B) and notwithstanding any mitted an amendment intended to be On page 216, line 15, strike ‘‘and’’ at the other provision of this title, in making a end. proposed by him to the bill S. 954, to grant, loan, or loan guarantee to a frontier On page 217, strike line 21 and insert the reauthorize agricultural programs community using funds reserved under para- following: through 2018; which was ordered to lie graph (1), the Secretary shall apply the habitat.’’; and on the table; as follows: terms and conditions of the applicable rural (6) by adding at the end the following: On page 216, line 15, strike ‘‘and’’ at the development program. ‘‘(j) FUNDING FOR COMMUNITY IRRIGATION end. ‘‘(B) EXCEPTIONS.—The Secretary— ASSOCIATIONS.—The Secretary may enter On page 217, strike line 21 and insert the ‘‘(i) in the case of grants and regardless of into alternative funding arrangements with following: cost-sharing requirements in the underlying the Acequia and Community Ditch Associa- habitat.’’; and program, may make available a grant of up tions recognized by the State of New Mexico (6) by adding at the end the following: to 100 percent Federal cost share to frontier under Chapter 72, Articles 2 and 3, New Mex- ico Statutes Annotated 1978, if the Secretary ‘‘(j) FUNDING FOR COMMUNITY IRRIGATION communities; determines that— ASSOCIATIONS.— ‘‘(ii) for purposes of scoring grant applica- ‘‘(1) the goals and objectives of the pro- ‘‘(1) DEFINITION OF ELIGIBLE COMMUNITY IR- tions, may not consider whether a frontier gram will be met by the arrangements; and RIGATION ASSOCIATION.—In this subsection, community belongs to a regional partner- the term ‘eligible community irrigation as- ship; and ‘‘(2) statutory limitations regarding contracts with individual producers will not be sociation’ means an irrigation association ‘‘(iii) may not impose a minimum grant or exceeded by any member of the Acequia and that— loan amount requirement. Community Ditch Associations.’’. ‘‘(A) is comprised of members who are eli- ‘‘(3) INSUFFICIENT APPLICATIONS.—If funds reserved under paragraph (1) remain avail- gible producers; and SA 1049. Mr. UDALL of New Mexico ‘‘(B) is a local governmental entity that able due to insufficient applications after (for himself and Mr. HEINRICH) sub- does not have the authority to impose taxes the end of the 180-day period beginning on or levies. the date on which the funds are reserved, the mitted an amendment intended to be ‘‘(2) ALTERNATIVE FUNDING ARRANGEMENT.— Secretary shall use the funds for the pur- proposed by him to the bill S. 954, to The Secretary may enter into alternative poses for which the funds were originally reauthorize agricultural programs funding arrangements with eligible commu- made available. through 2018; which was ordered to lie nity irrigation associations if the Secretary ‘‘(c) CAPACITY BUILDING, TECHNICAL ASSIST- on the table; as follows: determines that— ANCE, AND PROJECT PLANNING.— On page 216, line 15, strike ‘‘and’’ at the ‘‘(A) the goals and objectives of the pro- ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In end. gram will be met by the arrangements; and this subsection, the term ‘eligible entity’ On page 217, strike line 21 and insert the ‘‘(B) statutory limitations regarding con- means— following: tracts with individual producers will not be ‘‘(A) an association of counties; habitat.’’; and exceeded by any member of the irrigation as- ‘‘(B) a council of State and local govern- (6) in subsection (h)— sociation.’’. ments; (A) by striking paragraph (1) and inserting ‘‘(C) a cooperative; the following: SA 1047. Mr. UDALL of New Mexico ‘‘(D) an Indian tribe (as defined in section ‘‘(1) AVAILABILITY OF PAYMENTS.—The Sec- (for himself and Mr. HEINRICH) sub- 4 of the Indian Self-Determination and Edu- retary may provide payments under this submitted an amendment intended to be cation Assistance Act (25 U.S.C. 450b)); section to a producer for a water conserva- proposed by him to the bill S. 954, to ‘‘(E) a public agency; tion or irrigation practice that promotes reauthorize agricultural programs ‘‘(F) a community-based organization, ground and surface water conservation on intermediary organization, network, or coa- the agricultural operation of the producer through 2018; which was ordered to lie lition of community-based organizations through— on the table; as follows: that does not engage in activities prohibited ‘‘(A) improvements to irrigation systems; On page 731, between lines 6 and 7, insert under section 501(c)(3) of the Internal Rev- ‘‘(B) enhancement of irrigation effi- the following: enue Code of 1986; or ciencies; ‘‘SEC. 3708. FRONTIER COMMUNITIES ECONOMIC ‘‘(G) a similar entity, as determined by the ‘‘(C) conversion of the agricultural oper- DEVELOPMENT. Secretary. ation to— ‘‘(a) DEFINITION OF FRONTIER COMMUNITY.— ‘‘(2) GRANTS.—The Secretary shall make ‘‘(i) the production of less water-intensive ‘‘(1) IN GENERAL.—The Secretary, in con- available to eligible entities grants to facili- agricultural commodities; or sultation with the Director of the Bureau of tate greater capacity for frontier commu- ‘‘(ii) dryland farming; the Census and the Administrator of the nities to plan projects and acquire and man- ‘‘(D) improvement of the storage and con- Economic Research Service, shall promul- age loans and grants made available through servation of water through measures such as gate regulations to define, for purposes of rural development programs of the Depart- water banking and groundwater recharge; this section, the term ‘frontier community’. ment and other funding sources. ‘‘(E) enhancement of fish and wildlife habi- ‘‘(2) REQUIREMENTS.—The definition of ‘‘(3) PRIORITY.—In considering grant appli- tat associated with irrigation systems in- ‘frontier community’ shall be based on a cations under this subsection, the Secretary cluding pivot corners and areas with irreg- weighted matrix that uses population den- shall give higher priority to an eligible enti- ular boundaries; sity, distance in miles and travel time in ty that, as determined by the Secretary— ‘‘(F) enhancement of in-stream flows in as- minutes from the nearest significant service ‘‘(A) demonstrates an existing relationship sociated rivers and streams; or center or market, and such other factors as with the frontier community intended to be ‘‘(G) establishment of other measures, as the Secretary determines to be appropriate. served by the eligible entity; and determined by the Secretary, that improve

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.052 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3692 CONGRESSIONAL RECORD — SENATE May 21, 2013 groundwater and surface water conservation ness consumers, respectively, during the ap- (B) assist populations with limited access in agricultural operations.’’; plicable calendar year; to healthy food. (B) in paragraph (2)— (6) any disparities or trends detectable dur- (b) REQUIREMENTS.—In carrying out this (i) in subparagraph (A), by striking ‘‘or’’ at ing the applicable calendar year with respect section, the Secretary shall, at a minimum— the end and inserting ‘‘and’’; and to the relative average fixed and mobile (1) collect and distribute comprehensive re- (ii) by striking subparagraph (B) and in- broadband Internet access speeds, respec- porting of prices and volume of locally or re- serting the following: tively, available to residential and business gionally produced agricultural food prod- ‘‘(B) any associated water savings remain consumers, respectively, in rural areas and ucts; in the original source of the water for the urban areas; (2) conduct surveys and analysis and pub- useful life of the practice.’’; and (7) the effects, if any, of those reforms lish reports relating to the production, han- (C) by adding at the end the following: adopted in the Order on the magnitude and dling, distribution, retail sales, and trend ‘‘(3) DUTY OF PRODUCERS.—The Secretary pace of investments in broadband-capable studies (including consumer purchasing pat- may not provide payments to a producer for networks in rural areas, including such interns) of or on locally or regionally produced a water conservation or irrigation practice vestments financed by the Department of agricultural food products; under this subsection unless the producer Agriculture’s Rural Utilities Service under (3) evaluate the effectiveness of existing agrees not to use any associated water sav- the Rural Electrification Act of 1936 (7 U.S.C. programs in growing local and regional food ings to bring new land, other than incidental 901 et seq.); systems, including— land needed for efficient operations, under (8) any disparities or trends detectable dur- (A) the impact of local food systems on job irrigated production, unless the producer is ing the applicable calendar year with respect creation and economic development; participating in a watershed-wide project to the relative magnitude and pace of invest- (B) the level of participation in the Farm- that will effectively conserve water, as de- ments in broadband-capable networks in ers’ Market and Local Food Promotion Pro- termined by the Secretary.’’. rural areas and urban areas; gram established under section 6 of the (9) any disparities or trends detectable dur- Farmer-to-Consumer Direct Marketing Act SA 1050. Mr. BEGICH submitted an ing the applicable calendar year with respect of 1976 (7 U.S.C. 3005), including the percent- amendment intended to be proposed by to the magnitude and pace of investments in age of projects funded in comparison to ap- him to the bill S. 954, to reauthorize broadband-capable networks in areas served plicants and the types of eligible entities re- agricultural programs through 2018; by carriers subject to rate-of-return regula- ceiving funds; tion; (C) the ability for participants to leverage which was ordered to lie on the table; (10) the effects, if any, of those reforms as follows: private capital and a synopsis of the places adopted in the Order on adoption of from which non-Federal funds are derived; On page 877, after line 18, insert the fol- broadband Internet access services by end and lowing: users; and (D) any additional resources required to SEC. 6208. GAO REPORT ON UNIVERSAL SERVICE (11) the effects, if any, of such reforms on aid in the development or expansion of local REFORMS. State universal service funds or other State and regional food systems; (a) PURPOSE.—The purpose of the report re- universal service initiatives, including car- (4) evaluate the impact that Federal regu- quired under subsection (b) is to aid Congress rier-of-last-resort requirements that may be lation of small commercial producers of in monitoring and measuring the effects of a enforced by any State. fruits and vegetables intended for local and series of reforms by the Federal Communica- (c) TIMING.—On or before December 31, 2013, tions Commission (in this section referred to and annually thereafter for the following 5 regional consumption may have on— as the ‘‘FCC’’) intended to promote the avail- calendar years, the Comptroller General (A) local job creation and economic devel- ability and affordability of broadband serv- shall submit the report required under sub- opment; ice throughout the United States. section (b) to the following: (B) access to local and regional fruit and (b) REPORT.—The Comptroller General of (1) The Committee on Commerce, Science, vegetable markets, including for new and be- the United States shall prepare a report pro- and Transportation of the Senate. ginning small commercial producers; and viding detailed measurements, statistics, (2) The Committee on Agriculture, Nutri- (C) participation in— and metrics with respect to— tion, and Forestry of the Senate. (i) supplier networks; (1) the progress of implementation of the (3) The Committee on Energy and Com- (ii) high volume distribution systems; and reforms adopted in the FCC’s Report and merce of the House of Representatives. (iii) retail sales outlets; Order and Further Notice of Proposed Rule- (4) The Committee on Agriculture of the (5) expand the Agricultural Resource Man- making adopted on October 27, 2011 (FCC 11– House of Representatives. agement Survey to include questions on lo- 161) (in this section referred to as the (d) DATA INCLUSION.—The report required cally or regionally produced agricultural ‘‘Order’’); under subsection (b) shall include all data food products; and (2) the effects, if any, of such reforms on that the Comptroller General deems relevant (6) seek to establish or expand private-pub- retail end user rates during the applicable to and supportive of any conclusions drawn lic partnerships to facilitate, to the max- calendar year for— with respect to the effects of the FCC’s re- imum extent practicable, the collection of (A) local voice telephony services (includ- forms and any disparities or trends detected data on locally or regionally produced agri- ing any subscriber line charges and access in the items subject to the report. cultural food products, including the devel- recovery charges assessed by carriers upon opment of a nationally coordinated and re- purchasers of such services); SA 1051. Mr. SESSIONS submitted an gionally balanced evaluation of the redevel- (B) interconnected VoIP services; amendment intended to be proposed by opment of locally or regionally produced (C) long distance voice services; him to the bill S. 954, to reauthorize food systems. (D) mobile wireless voice services; agricultural programs through 2018; (c) REPORT.—Not later than 1 year after (E) bundles of voice telephony or VoIP which was ordered to lie on the table; the date of enactment of this Act and annu- services (such as local and long distance as follows: ally thereafter, the Secretary shall submit voice packages); Strike section 10004 and insert the fol- to the Committee on Agriculture of the (F) fixed broadband Internet access serv- lowing: House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of ices; and SEC. 10004. STUDY ON LOCAL FOOD PRODUCTION (G) mobile broadband Internet access serv- AND PROGRAM EVALUATION. the Senate a report describing the progress ices; (a) IN GENERAL.—The Secretary shall— that has been made in implementing this (3) any disparities or trends detectable dur- (1) collect data on the production and mar- section and identifying any additional needs ing the applicable calendar year with respect keting of locally or regionally produced agri- and barriers related to developing local and to the relative average (such as per-con- cultural food products; regional food systems. sumer) retail rates charged for each of the (2) collect data on direct and indirect regu- services listed in paragraph (2) to consumers latory compliance costs affecting the pro- SA 1052. Mr. BOOZMAN submitted an (including both residential and business duction and marketing of locally or region- amendment intended to be proposed by users) located in rural areas and urban areas; ally produced agricultural food products; him to the bill S. 954, to reauthorize (4) any disparities or trends detectable dur- (3) facilitate interagency collaboration and agricultural programs through 2018; ing the applicable calendar year with respect data sharing on programs related to local which was ordered to lie on the table; to the relative average (such as per-con- and regional food systems; sumer) retail rates charged for each of the (4) monitor the effectiveness of programs as follows: services listed in paragraph (2) as between designed to expand or facilitate local food On page 628, between lines 13 and 14, insert incumbent local exchange carriers subject to systems; the following: price cap regulation and those subject to (5) monitor barriers to local and regional ‘‘SEC. 3502. RIGHTS-OF-WAY FOR RURAL WATER rate-of-return regulation; market access due to Federal regulation of PROJECTS. (5) the effects, if any, of those reforms small-scale production; and ‘‘The Secretary shall grant, issue, or renew adopted in the Order on average fixed and (6) evaluate how local food systems— rights-of-way without rental fees for any mobile broadband Internet access speeds, re- (A) contribute to improving community rural water project that is federally financed spectively, available to residential and busi- food security; and (including a project that receives Federal

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.053 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE May 21, 2013 CONGRESSIONAL RECORD — SENATE S3693 funds under this Act or from a State drink- one of the most important economic sectors SEC. 13004. PROHIBITION ON EMINENT DOMAIN ing water treatment revolving loan fund es- of our economy. ABUSE BY THE FEDERAL GOVERN- tablished under section 1452 of the Safe (4) In the wake of the Supreme Court’s de- MENT TO CONFISCATE FARM, Drinking Water Act (42 U.S.C. 300j–12) , if the cision in Kelo v. City of New London, abuse RANCH, OR FOREST LAND. The Federal Government or any authority water project would otherwise be eligible to of eminent domain is a threat to the prop- of the Federal Government shall not exercise be granted, issued, or renewed rights-of-way erty rights of all private property owners, in- its power of eminent domain over farm, under section 504(g) of the Federal Land Pol- cluding rural land owners. ranch, or forest land to be used for economic icy and Management Act of 1976 (43 U.S.C. (b) SENSE OF CONGRESS.—It is the sense of development. 1764(g)). Congress that the use of eminent domain for the purpose of economic development is a SEC. 13005. PRIVATE RIGHT OF ACTION. SA 1053. Mr. BOOZMAN submitted an threat to agricultural and other property in (a) CAUSE OF ACTION.—Any (1) owner of pri- amendment intended to be proposed by rural America and that the Congress should vate farm, ranch, or forest land whose prop- protect the property rights of Americans, in- erty is subject to eminent domain who suf- him to the bill S. 954, to reauthorize fers injury as a result of a violation of any agricultural programs through 2018; cluding those who reside in rural areas. Property rights are central to liberty in this provision of this title with respect to that which was ordered to lie on the table; property, or (2) any tenant of property that as follows: country and to our economy. The use of eminent domain to take farmland and other is subject to eminent domain who suffers in- At the end of subtitle C of title XII, add rural property for economic development jury as a result of a violation of any provi- the following: threatens liberty, rural economies, and the sion of this title with respect to that prop- SEC. 12llll. ATTORNEY FEE PAYMENT TRACK- economy of the United States. The taking of erty, may bring an action to enforce any pro- ING. farmland and rural property will have a division of this title in the appropriate Federal (a) IN GENERAL.—Not later than 180 days rect impact on existing irrigation and rec- or State court. A State shall not be immune after the date of enactment of this Act, the lamation projects. Furthermore, the use of under the 11th Amendment to the Constitu- Secretary shall— eminent domain to take rural private prop- tion of the United States from any such ac- (1) develop a system to track and report at- erty for private commercial uses will force tion in a Federal or State court of competent torney fee payment information in accord- increasing numbers of activities from pri- jurisdiction. In such action, the defendant ance with subsections (b) and (c); and vate property onto this Nation’s public has the burden to show by clear and con- (2) submit to the Committee on Agri- lands, including its National forests, Na- vincing evidence that the taking is not for culture of the House of Representatives and tional parks and wildlife refuges. This in- economic development. Any such property the Committee on Agriculture, Nutrition, crease can overburden the infrastructure of owner or tenant may also seek an appro- and Forestry of the Senate a report describ- these lands, reducing the enjoyment of such priate relief through a preliminary injunc- ing the status of the implementation of the lands for all citizens. Americans should not tion or a temporary restraining order. (b) LIMITATION ON BRINGING ACTION.—An system. have to fear the government’s taking their action brought by a property owner or ten- (b) REQUIREMENTS.—The system described homes, farms, or businesses to give to other ant under this title may be brought if the in subsection (a)(1) shall track for each case persons. Governments should not abuse the property is used for economic development or administrative adjudication in which the power of eminent domain to force rural prop- following the conclusion of any condemna- Secretary or Department of Agriculture is a erty owners from their land in order to de- tion proceedings condemning the property of party— velop rural land into industrial and commer- such property owner or tenant, but shall not (1) the case name; cial property. Congress has a duty to protect be brought later than seven years following (2) the party name; the property rights of rural Americans in the the conclusion of any such proceedings. (3) the amount of the claim; face of eminent domain abuse. (4) the date and amount of the award or (c) ATTORNEYS’ FEE AND OTHER COSTS.—In SEC. 13003. PROHIBITION ON EMINENT DOMAIN payment of attorney fees; and any action or proceeding under this title, the ABUSE BY STATES TO CONFISCATE court shall allow a prevailing plaintiff a rea- (5) the law (including regulations) under FARM, RANCH, OR FOREST LAND. sonable attorneys’ fee as part of the costs, which the case was brought. (a) IN GENERAL.—No State or political sub- (c) ANNUAL REPORTS.—Each year, the Sec- and include expert fees as part of the attor- division of a State shall exercise its power of neys’ fee. retary shall submit to the Committees de- eminent domain over farm, ranch, or forest scribed in subsection (a)(2) a report con- SEC. 13006. REPORTING OF VIOLATIONS TO AT- land, or allow the exercise of such power by TORNEY GENERAL OR THE SEC- taining the information described in sub- any person or entity to which such power has section (b). RETARY OF AGRICULTURE. been delegated, over property to be used for (a) SUBMISSION OF REPORT TO ATTORNEY economic development or over property that GENERAL.—Any (1) owner of private farm, SA 1054. Mr. BOOZMAN submitted an is used for economic development within 7 amendment intended to be proposed by ranch, or forest land whose property is sub- years after that exercise, if that State or po- ject to eminent domain who suffers injury as him to the bill S. 954, to reauthorize litical subdivision receives Federal economic a result of a violation of any provision of agricultural programs through 2018; development funds during any fiscal year in this title with respect to that property, or (2) which was ordered to lie on the table; which the property is so used or intended to any tenant of farm, ranch, or forest land as follows: be used. that is subject to eminent domain who suf- At the end, add the following: (b) INELIGIBILITY FOR FEDERAL FUNDS.—A fers injury as a result of a violation of any violation of subsection (a) by a State or po- provision of this title with respect to that TITLE XIII—FARM, RANCH, AND FOREST litical subdivision shall render such State or property, may report a violation by the Fed- LAND PRIVATE PROPERTY PROTECTION political subdivision ineligible for any Fed- eral Government, any authority of the Fed- ACT eral economic development funds for a pe- eral Government, State, or political subdivi- SEC. 13001. SHORT TITLE. riod of 2 fiscal years following a final judg- sion of a State to the Attorney General or This title may be cited as the ‘‘Farm, ment on the merits by a court of competent the Secretary of Agriculture. Ranch, and Forest Land Private Property jurisdiction that such subsection has been (b) INVESTIGATION BY ATTORNEY GENERAL.— Protection Act’’. violated, and any Federal agency charged Upon receiving a report of an alleged viola- SEC. 13002. FINDINGS. with distributing those funds shall withhold tion, the Secretary of Agriculture shall (a) FINDINGS.—Congress finds the fol- them for such 2-year period, and any such transmit the report to the Attorney General. lowing: funds distributed to such State or political Upon receiving a report of an alleged viola- (1) The founders realized the fundamental subdivision shall be returned or reimbursed tion from either a property owner, tenant, or importance of property rights when they by such State or political subdivision to the the Secretary of Agriculture, the Attorney codified the Takings Clause of the Fifth appropriate Federal agency or authority of General shall conduct an investigation, in Amendment to the Constitution, which re- the Federal Government, or component cooperation with the Secretary of Agri- quires that private property shall not be thereof. culture, to determine whether a violation ex- taken for public use, without just compensa- (c) OPPORTUNITY TO CURE VIOLATION.—A ists. tion. State or political subdivision shall not be in- (c) NOTIFICATION OF VIOLATION.—If the At- (2) Rural lands are unique in that they are eligible for any Federal economic develop- torney General concludes that a violation not traditionally considered high tax rev- ment funds under subsection (b) if such State does exist, then the Attorney General shall enue-generating properties for State and or political subdivision returns all real prop- notify the Federal Government, authority of local governments. In addition, farm, ranch, erty the taking of which was found by a the Federal Government, State, or political and forest land owners need to have long- court of competent jurisdiction to have con- subdivision of a State that the Attorney term certainty regarding their property stituted a violation of subsection (a) and re- General has determined that it is in viola- rights in order to make the investment deci- places any other property destroyed and re- tion of the title. The notification shall fur- sions to commit land to these uses. pairs any other property damaged as a result ther provide that the Federal Government, (3) Ownership rights in rural land are fun- of such violation. In addition, the State State, or political subdivision of a State has damental building blocks for our Nation’s must pay applicable penalties and interest to 90 days from the date of the notification to agriculture industry, which continues to be reattain eligibility. demonstrate to the Attorney General either

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.053 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3694 CONGRESSIONAL RECORD — SENATE May 21, 2013 that (1) it is not in violation of the title or maintained by the United States Depart- (III) for use as a road or other right of way (2) that it has cured its violation by return- ment of Justice a notice containing the text or means, open to the public for transpor- ing all real property the taking of which the of this title and a description of the rights of tation, whether free or by toll; and Attorney General finds to have constituted a property owners and tenants under this title. (IV) for use as an aqueduct, flood control violation of the title and replacing any other SEC. 13008. NOTIFICATION BY SECRETARY OF AG- facility, pipeline, or similar use; property destroyed and repairing any other RICULTURE. (ii) removing harmful uses of land provided property damaged as a result of such viola- Not later than 60 days after the date of en- such uses constitute an immediate threat to tion. actment of this Act, the Secretary of Agri- public health and safety; (d) ATTORNEY GENERAL’S BRINGING OF AC- culture shall publish in the Federal Register (iii) leasing property to a private person or TION TO ENFORCE TITLE.—If, at the end of the and make available on the Internet website entity that occupies an incidental part of 90-day period described in subsection (c), the maintained by the United States Depart- public property or a public facility, such as Attorney General determines that the Fed- ment of Agriculture a notice containing the a retail establishment on the ground floor of eral Government, authority of the Federal text of this title and a description of the a public building; Government, State, or political subdivision (iv) acquiring abandoned property; of a State is still violating the title or has rights of property owners and tenants under this title. (v) clearing defective chains of title; not cured its violation as described in sub- (vi) taking private property for use by a section (c), then the Attorney General will SEC. 13009. REPORTS. public utility, including a utility providing bring an action to enforce the title unless (a) BY ATTORNEY GENERAL.—Not later than electric, natural gas, telecommunications, the property owner or tenant who reported 1 year after the date of enactment of this water, and wastewater services, either di- the violation has already brought an action Act, and every subsequent year thereafter, rectly to the public or indirectly through to enforce the title. In such a case, the At- the Attorney General shall transmit a report provision of such services at the wholesale torney General shall intervene if it deter- identifying States or political subdivisions level for resale to the public; and mines that intervention is necessary in order that have used eminent domain in violation (vii) redeveloping of a brownfield site as to enforce the title. The Attorney General of this title to the Chairman and Ranking defined in the Small Business Liability Re- may file its lawsuit to enforce the title in Member of the Committee on the Judiciary lief and Brownfields Revitalization Act (42 the appropriate Federal or State court. A of the House of Representatives, to the U.S.C. 9601(39)). State shall not be immune under the 11th Chairman and Ranking Member of the Com- (B) ABANDONED PROPERTY.—In subpara- Amendment to the Constitution of the mittee on the Judiciary of the Senate, to the graph (A)(iv), the term ‘‘abandoned prop- United States from any such action in a Fed- Chairman and Ranking Member of the Com- erty’’ means property— eral or State court of competent jurisdic- mittee on Agriculture, Nutrition, and For- (i) that has been substantially unoccupied tion. In such action, the defendant has the estry of the Senate, and to the Chairman and or unused for any commercial, agricultural, burden to show by clear and convincing evi- Ranking Member of the Committee of Agri- residential, or conservation-oriented purpose dence that the taking is not for economic de- culture of the House. The report shall— for at least 1 year by a person with a legal or velopment. The Attorney General may seek (1) be developed in cooperation with the equitable right to occupy the property; any appropriate relief through a preliminary Secretary of Agriculture; (ii) that has not been maintained; and injunction or a temporary restraining order. (2) identify all private rights of action (iii) for which property taxes have not been (e) LIMITATION ON BRINGING ACTION.—An brought as a result of a State’s or political paid for at least 2 years. action brought by the Attorney General subdivision’s violation of this title; (2) FEDERAL ECONOMIC DEVELOPMENT under this title may be brought if the prop- (3) identify all violations reported by prop- FUNDS.—The term ‘‘Federal economic devel- erty is used for economic development fol- erty owners and tenants under section opment funds’’ means any Federal funds dis- lowing the conclusion of any condemnation 13005(c); tributed to or through States or political proceedings condemning the property of an (4) identify the percentage of minority subdivisions of States under Federal laws de- owner or tenant who reports a violation of residents compared to the surrounding non- signed to improve or increase the size of the the title to the Attorney General, but shall minority residents and the median incomes economies of States or political subdivisions not be brought later than seven years fol- of those impacted by a violation of this title; of States. lowing the conclusion of any such pro- (5) identify all lawsuits brought by the At- (3) STATE.—The term ‘‘State’’ means each ceedings. torney General under section 13005(d); of the several States, the District of Colum- (f) ATTORNEYS’ FEE AND OTHER COSTS.—In (6) identify all States or political subdivi- bia, the Commonwealth of Puerto Rico, or any action or proceeding under this title sions that have lost Federal economic devel- brought by the Attorney General, the court any other territory or possession of the opment funds as a result of a violation of United States. shall, if the Attorney General is a prevailing this title, as well as describe the type and plaintiff, award the Attorney General a rea- amount of Federal economic development SEC. 13011. SEVERABILITY AND EFFECTIVE DATE. sonable attorneys’ fee as part of the costs, funds lost in each State or political subdivi- (a) SEVERABILITY.—The provisions of this and include expert fees as part of the attor- sion and the Agency that is responsible for neys’ fee. title are severable. If any provision of this withholding such funds; and title, or any application thereof, is found un- SEC. 13007. NOTIFICATION BY ATTORNEY GEN- (7) discuss all instances in which a State or ERAL. constitutional, that finding shall not affect political subdivision has cured a violation as any provision or application of the title not (a) NOTIFICATION TO STATES AND POLITICAL described in section 13002(c). SUBDIVISIONS.— so adjudicated. (b) DUTY OF STATES.—Each State and local (1) IN GENERAL.—Not later than 30 days (b) EFFECTIVE DATE.—This title shall take authority that is subject to a private right of after the date of enactment of this Act, the effect upon the first day of the first fiscal action under this title shall have the duty to Attorney General shall provide to the chief year that begins after the date of enactment report to the Attorney General such infor- executive officer of each State the text of of this Act, but shall not apply to any mation with respect to such State and local this title and a description of the rights of project for which condemnation proceedings authorities as the Attorney General needs to property owners and tenants under this title. have been initiated prior to the date of en- make the report required under subsection (2) LIST OF FEDERAL LAWS.—Not later than actment. (a). 120 days after the date of enactment of this Act, the Attorney General shall compile a SEC. 13010. DEFINITIONS. SEC. 13012. SENSE OF CONGRESS. list of the Federal laws under which Federal In this title the following definitions It is the policy of the United States to en- economic development funds are distributed. apply: courage, support, and promote the private The Attorney General shall compile annual (1) ECONOMIC DEVELOPMENT.— ownership of property and to ensure that the revisions of such list as necessary. Such list (A) IN GENERAL.—The term ‘‘economic de- constitutional and other legal rights of pri- and any successive revisions of such list velopment’’ means taking private property, vate property owners are protected by the shall be communicated by the Attorney Gen- without the consent of the owner, and con- Federal Government. eral to the chief executive officer of each veying or leasing such property from one pri- State and also made available on the Inter- vate person or entity to another private per- SEC. 13013. BROAD CONSTRUCTION. net website maintained by the United States son or entity for commercial enterprise car- This title shall be construed in favor of a Department of Justice for use by the public ried on for profit, or to increase tax revenue, broad protection of private property rights, and by the authorities in each State and po- tax base, employment, or general economic to the maximum extent permitted by the litical subdivisions of each State empowered health, except that such term shall not in- terms of this title and the Constitution. to take private property and convert it to clude— public use subject to just compensation for (i) conveying private property— SEC. 13014. LIMITATION ON STATUTORY CON- STRUCTION. the taking. (I) to public ownership, such as for a road, (b) NOTIFICATION TO PROPERTY OWNERS AND hospital, airport, or military base; Nothing in this title may be construed to TENANTS.—Not later than 30 days after the (II) to an entity, such as a common carrier, supersede, limit, or otherwise affect any pro- date of enactment of this Act, the Attorney that makes the property available to the vision of the Uniform Relocation Assistance General shall publish in the Federal Register general public as of right, such as a railroad and Real Property Acquisition Policies Act and make available on the Internet website or public facility; of 1970 (42 U.S.C. 4601 et seq.).

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REPORT BY FEDERAL AGENCIES ON ment intended to be proposed by her to (8) by inserting after subsection (k), as re- REGULATIONS AND PROCEDURES the bill S. 954, to reauthorize agricul- designated by paragraph (2), the following RELATING TO EMINENT DOMAIN. tural programs through 2018; which was new subsections: Not later than 180 days after the date of ‘‘(l) The term ‘egg-laying hen’ means any enactment of this Act, the head of each Ex- ordered to lie on the table; as follows: female domesticated chicken, including ecutive department and agency shall review At the end of subtitle C of title XII, add white hens and brown hens, used for the com- all rules, regulations, and procedures and re- the following: mercial production of eggs for human con- port to the Attorney General on the activi- SEC. 122l. HEN HOUSING AND TREATMENT sumption. ties of that department or agency to bring STANDARDS. ‘‘(m) The term ‘existing caging device’ its rules, regulations and procedures into (a) DEFINITIONS.—Section 4 of the Egg means any caging device that was continu- compliance with this title. Products Inspection Act (21 U.S.C. 1033) is ously in use for the production of eggs in SEC. 13016. DISPROPORTIONATE IMPACT ON MI- amended— commerce up through and including Decem- NORITIES. (1) by redesignating subsection (a) as sub- ber 31, 2011.’’; If the court determines that a violation of section (c); (9) by inserting after subsection (o), as re- this title has occurred, and that the viola- (2) by redesignating subsections (b), (c), designated by paragraph (3), the following tion has a disproportionately high impact on (d), (e), (f), and (g) as subsections (f), (g), (h), new subsections: the poor or minorities, the Attorney General (i), (j), and (k), respectively; ‘‘(p) The term ‘feed-withdrawal molting’ shall use reasonable efforts to locate and in- (3) by redesignating subsections (h) and (i) means the practice of preventing food intake form former owners and tenants of the viola- as subsections (n) and (o), respectively; for the purpose of inducing egg-laying hens to molt. tion and any remedies they may have. (4) by redesignating subsections (j), (k), and (l) as subsections (r), (s), and (t), respec- ‘‘(q) The term ‘individual floor space’ means the amount of total floor space in a SA 1055. Mr. UDALL of New Mexico tively; (5) by redesignating subsections (m), (n), caging device available to each egg-laying (for himself and Mr. HEINRICH) sub- hen in the device, which is calculated by mitted an amendment intended to be (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), and (z) as subsections (v), (w), (x), (y), (z), measuring the total floor space of the caging device and dividing by the total number of proposed by him to the bill S. 954, to (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), and egg-laying hens in the device.’’; reauthorize agricultural programs (ii), respectively; (10) by inserting after subsection (t), as re- through 2018; which was ordered to lie (6) by inserting before subsection (c), as redesignated by paragraph (4), the following on the table; as follows: designated by paragraph (1), the following new subsection: On page 1113, line 8, strike ‘‘$10,000,000’’ and new subsections: ‘‘(u) The term ‘new caging device’ means ‘‘(a) The term ‘adequate environmental en- insert ‘‘$17,000,000’’. any caging device that was not continuously richments’ means adequate perch space, dust in use for the production of eggs in com- bathing or scratching areas, and nest space, SA 1056. Mr. VITTER submitted an merce on or before December 31, 2011.’’; and as defined by the Secretary of Agriculture, amendment intended to be proposed by (11) by inserting at the end the following based on the best available science, includ- new subsections: him to the bill S. 954, to reauthorize ing the most recent studies available at the agricultural programs through 2018; ‘‘(jj) The term ‘water-withdrawal molting’ time that the Secretary defines the term. means the practice of preventing water in- which was ordered to lie on the table; ‘‘(b) The term ‘adequate housing-related take for the purpose of inducing egg-laying as follows: labeling’ means a conspicuous, legible mark- hens to molt. At the end of subtitle A of title IV, insert ing on the front or top of a package of eggs ‘‘(kk) The term ‘white hen’ means a white the following: accurately indicating the type of housing egg-laying hen used for commercial egg pro- that the egg-laying hens were provided dur- SEC. 4019. ELIGIBILITY DISQUALIFICATIONS FOR duction.’’. CERTAIN CONVICTED FELONS. ing egg production, in 1 of the following for- (b) HOUSING AND TREATMENT OF EGG-LAYING Section 6 of the Food and Nutrition Act of mats: HENS.—The Egg Products Inspection Act (21 2008 (7 U.S.C. 2015) (as amended by section ‘‘(1) ‘Eggs from free-range hens’ to indicate U.S.C. 1031 et seq.) is amended by inserting 4004) is amended by adding at the end the fol- that the egg-laying hens from which the eggs after section 7 (21 U.S.C. 1036) the following lowing: or egg products were derived were, during new sections: egg production— ‘‘(s) DISQUALIFICATION FOR CERTAIN CON- ‘‘SEC. 7A. HOUSING AND TREATMENT OF EGG- ‘‘(A) not housed in caging devices; and LAYING HENS. VICTED FELONS.— ‘‘(B) provided with outdoor access. ‘‘(a) ENVIRONMENTAL ENRICHMENTS.— ‘‘(1) IN GENERAL.—An individual shall not ‘‘(1) EXISTING CAGING DEVICES.—Beginning be eligible for benefits under this Act if the ‘‘(2) ‘Eggs from cage-free hens’ to indicate 15 years after the date of enactment of the individual is convicted of— that the egg-laying hens from which the eggs Agriculture Reform, Food, and Jobs Act of ‘‘(A) aggravated sexual abuse under section or egg products were derived were, during 2013, all existing caging devices shall provide 2241 of title 18, United States Code; egg production, not housed in caging devices. egg-laying hens housed therein adequate en- ‘‘(B) murder under section 1111 of title 18, ‘‘(3) ‘Eggs from enriched cages’ to indicate vironmental enrichments. United States Code; that the egg-laying hens from which the eggs ‘‘(2) NEW CAGING DEVICES.—Beginning 9 ‘‘(C) an offense under chapter 110 of title or egg products were derived were, during years after the date of enactment of the Ag- 18, United States Code; egg production, housed in caging devices riculture Reform, Food, and Jobs Act of 2013, ‘‘(D) a Federal or State offense involving that— all new caging devices shall provide egg-lay- sexual assault, as defined in 40002(a) of the ‘‘(A) contain adequate environmental ening hens housed therein adequate environ- Violence Against Women Act of 1994 (42 richments; and mental enrichments. U.S.C. 13925(a)); or ‘‘(B) provide the hens a minimum of 116 ‘‘(3) CAGING DEVICES IN CALIFORNIA.— ‘‘(E) an offense under State law determined square inches of individual floor space per ‘‘(A) NEW CAGING DEVICES.—All caging de- by the Attorney General to be substantially brown hen and 101 square inches of indi- vices in California installed after the date of similar to an offense described in subpara- vidual floor space per white hen. enactment of the Agriculture Reform, Food, graph (A), (B), or (C). ‘‘(4) ‘Eggs from caged hens’ to indicate that the egg-laying hens from which the eggs and Jobs Act of 2013 shall provide egg-laying ‘‘(2) EFFECTS ON ASSISTANCE AND BENEFITS or egg products were derived were, during hens housed therein adequate environmental FOR OTHERS.—The amount of benefits other- enrichments beginning 3 months after that wise required to be provided to an eligible egg production, housed in caging devices date of enactment. household under this Act shall be determined that either— ‘‘(B) EXISTING CAGING DEVICES.—All caging by considering the individual to whom para- ‘‘(A) do not contain adequate environ- devices in California installed before the graph (1) applies not to be a member of such mental enrichments; or date of enactment of the Agriculture Re- household, except that the income and re- ‘‘(B) do not provide the hens a minimum of form, Food, and Jobs Act of 2013 shall pro- sources of the individual shall be considered 116 square inches of individual floor space vide egg-laying hens housed therein adequate to be income and resources of the household. per brown hen and 101 square inches of individual floor space per white hen.’’; environmental enrichments beginning Janu- ‘‘(3) ENFORCEMENT.—Each State shall re- ary 1, 2024. quire each individual applying for benefits (7) by inserting after subsection (c), as re- ‘‘(b) FLOOR SPACE.— under this Act, during the application proc- designated by paragraph (1), the following ‘‘(1) EXISTING CAGING DEVICES.—All existing ess, to state, in writing, whether the indi- new subsections: ‘‘(d) The term ‘brown hen’ means a brown cages devices shall provide egg-laying hens vidual, or any member of the household of egg-laying hen used for commercial egg pro- housed therein— the individual, has been convicted of a crime duction. ‘‘(A) beginning 4 years after the date of en- described in paragraph (1).’’. ‘‘(e) The term ‘caging device’ means any actment of the Agriculture Reform, Food, cage, enclosure, or other device used for the and Jobs Act of 2013 and until the date that SA 1057. Mrs. FEINSTEIN (for her- housing of egg-laying hens for the produc- is 15 years after the date of enactment of the self, Ms. COLLINS, Mr. BLUMENTHAL, Ms. tion of eggs in commerce, but does not in- Agriculture Reform, Food, and Jobs Act of CANTWELL, Mr. MERKLEY, Mrs. BOXER, clude an open barn or other fixed structure 2013, a minimum of 76 square inches of indi- and Mr. CARDIN) submitted an amend- without internal caging devices.’’; vidual floor space per brown hen and 67

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square inches of individual floor space per dler shall provide all egg-laying hens under ‘‘(1) FIRST CONVERSION PHASE.—Beginning 6 white hen; and his ownership or control with acceptable air years after the date of enactment of the Ag- ‘‘(B) beginning 15 years after the date of quality, which does not exceed more than 25 riculture Reform, Food, and Jobs Act of 2013, enactment of the Agriculture Reform, Food, parts per million of ammonia during normal at least 25 percent of the egg-laying hens in and Jobs Act of 2013, a minimum of 144 operations. commercial egg production shall be housed square inches of individual floor space per ‘‘(2) TEMPORARY EXCESS AMMONIA LEVELS either in new caging devices or in existing brown hen and 124 square inches of indi- ALLOWED.—Notwithstanding paragraph (1), caging devices that provide the hens con- vidual floor space per white hen. an egg handler may provide egg-laying hens tained therein with a minimum of 102 square ‘‘(2) NEW CAGING DEVICES.—All new caging under the ownership or control of such han- inches of individual floor space per brown devices shall provide egg-laying hens housed dler with air quality containing more than 25 hen and 90 square inches of individual floor therein— parts per million of ammonia for temporary space per white hen. ‘‘(A) beginning 3 years after the date of en- periods as necessary because of extraor- ‘‘(2) SECOND CONVERSION PHASE.—Beginning actment of the Agriculture Reform, Food, dinary weather circumstances or other un- 12 years after the date of enactment of the and Jobs Act of 2013 and until the date that usual circumstances. Agriculture Reform, Food, and Jobs Act of is 6 years after the date of enactment of the ‘‘(d) FORCED MOLTING.—Beginning 2 years 2013, at least 55 percent of the egg-laying Agriculture Reform, Food, and Jobs Act of after the date of enactment of the Agri- hens in commercial egg production shall be 2013, a minimum of 90 square inches of indi- culture Reform, Food, and Jobs Act of 2013, vidual floor space per brown hen and 78 no egg handler may subject any egg-laying housed either in new caging devices or in ex- square inches of individual floor space per hen under his ownership or control to feed- isting caging devices that provide the hens white hen; withdrawal or water-withdrawal molting. contained therein with a minimum of 130 ‘‘(B) beginning 6 years after the date of en- ‘‘(e) EUTHANASIA.—Beginning 2 years after square inches of individual floor space per actment of the Agriculture Reform, Food, the date of enactment of the Agriculture Re- brown hen and 113 square inches of indi- and Jobs Act of 2013 and until the date that form, Food, and Jobs Act of 2013, an egg han- vidual floor space per white hen. is 9 years after the date of enactment of the dler shall provide, when necessary, all egg- ‘‘(3) FINAL CONVERSION PHASE.—Beginning Agriculture Reform, Food, and Jobs Act of laying hens under his ownership or control December 31, 2029, all egg-laying hens con- 2013, a minimum of 102 square inches of indi- with euthanasia that is humane and uses a fined in caging devices shall be provided ade- vidual floor space per brown hen and 90 method deemed ‘Acceptable’ by the Amer- quate environmental enrichments and a min- square inches of individual floor space per ican Veterinary Medical Association. imum of 144 square inches of individual floor white hen; ‘‘(f) PROHIBITION ON NEW UNENRICHABLE space per brown hen and 124 square inches of ‘‘(C) beginning 9 years after the date of en- CAGES.—No person shall build, construct, im- individual floor space per white hen. actment of the Agriculture Reform, Food, plement, or place into operation any new ‘‘(b) CALIFORNIA CONVERSION REQUIRE- and Jobs Act of 2013 and until the date that caging device for the production of eggs to be is 12 years after the date of enactment of the sold in commerce unless the device— MENTS.— Agriculture Reform, Food, and Jobs Act of ‘‘(1) provides the egg-laying hens to be con- ‘‘(1) FIRST CONVERSION PHASE.—Beginning 2 2013, a minimum of 116 square inches of indi- tained therein a minimum of 76 square years and 6 months after the date of enact- vidual floor space per brown hen and 101 inches of individual floor space per brown ment of the Agriculture Reform, Food, and square inches of individual floor space per hen or 67 square inches of individual floor Jobs Act of 2013, at least 25 percent of the white hen; space per white hen; and egg-laying hens in commercial egg produc- ‘‘(D) beginning 12 years after the date of ‘‘(2) is capable of being adapted to accom- tion in California shall be provided adequate enactment of the Agriculture Reform, Food, modate adequate environmental enrich- environmental enrichments and a minimum and Jobs Act of 2013 and until the date that ments. of 134 square inches of individual floor space is 15 years after the date of enactment of the ‘‘(g) EXEMPTIONS.— per brown hen and 116 square inches of indi- Agriculture Reform, Food, and Jobs Act of ‘‘(1) RECENTLY-INSTALLED EXISTING CAGING vidual floor space per white hen. 2013, a minimum of 130 square inches of indi- DEVICES.—The requirements under sub- ‘‘(2) SECOND CONVERSION PHASE.—Beginning vidual floor space per brown hen and 113 sections (a)(1) and (b)(1)(B) shall not apply to 5 years after the date of enactment of the square inches of individual floor space per any existing caging device that was first Agriculture Reform, Food, and Jobs Act of white hen; and placed into operation between January 1, 2013, at least 50 percent of the egg-laying ‘‘(E) beginning 15 years after the date of 2008, and December 31, 2011. This exemption hens in commercial egg production in Cali- enactment of the Agriculture Reform, Food, shall expire on December 31, 2029, at which fornia shall be provided adequate environ- and Jobs Act of 2013, a minimum of 144 time the requirements contained in sub- mental enrichments and a minimum of 134 square inches of individual floor space per sections (a)(1) and (b)(1)(B) shall apply to all square inches of individual floor space per brown hen and 124 square inches of indi- existing caging devices. brown hen and 116 square inches of individual floor space per white hen. ‘‘(2) HENS ALREADY IN PRODUCTION.—The re- vidual floor space per white hen. ‘‘(3) CALIFORNIA CAGING DEVICES.— quirements under subsections (a)(1), (a)(2), ‘‘(3) THIRD CONVERSION PHASE.—Beginning 7 ‘‘(A) EXISTING CAGING DEVICES.—All caging (b)(1)(B), and (b)(2) shall not apply to any years and 6 months after the date of enact- devices in California installed before the caging device containing egg-laying hens ment of the Agriculture Reform, Food, and date of enactment of the Agriculture Re- who are already in egg production on the Jobs Act of 2013, at least 75 percent of the form, Food, and Jobs Act of 2013 shall pro- date that such requirement takes effect. egg-laying hens in commercial egg produc- vide egg-laying hens housed therein— This exemption shall expire on the date that tion in California shall be provided adequate ‘‘(i) beginning January 1, 2015, and through such egg-laying hens are removed from egg environmental enrichments and a minimum December 31, 2023, a minimum of 134 square production. of 134 square inches of individual floor space inches of individual floor space per brown ‘‘(3) SMALL PRODUCERS.—This section shall per brown hen and 116 square inches of indi- hen and 116 square inches of individual floor not apply to an egg handler who buys, sells, vidual floor space per white hen. space per white hen; and handles, or processes eggs or egg products ‘‘(4) FINAL CONVERSION PHASE.—Beginning ‘‘(ii) beginning January 1, 2024, a minimum solely from 1 flock of not more than 3,000 10 years after the date of enactment of the of 144 square inches of individual floor space egg-laying hens. Agriculture Reform, Food, and Jobs Act of per brown hen and 124 square inches of indi- ‘‘(4) EDUCATIONAL AND RESEARCH INSTITU- 2013, all egg-laying hens in commercial egg vidual floor space per white hen. TIONS.—The provisions of this section related production in California shall be provided ‘‘(B) NEW CAGING DEVICES.—All caging de- to housing, treatment, or housing-related la- adequate environmental enrichments and a vices in California installed after the date of beling shall not apply to egg production at minimum of 144 square inches of individual enactment of the Agriculture Reform, Food, an accredited educational or research insti- floor space per brown hen and 124 square and Jobs Act of 2013 shall provide egg-laying tution, or to the purchase, sale, handling, or inches of individual floor space per white hens housed therein— processing of eggs or egg products in connec- hens. ‘‘(i) beginning 3 months after the date of tion with such production. enactment of the Agriculture Reform, Food, ‘‘(5) INDIVIDUAL ENCLOSURES.—The environ- ‘‘(c) COMPLIANCE.— and Jobs Act of 2013, and through December mental enrichment requirements under sub- ‘‘(1) IN GENERAL.—At the end of 6 years 31, 2023, a minimum of 134 square inches of section (a) shall not apply to any caging de- after the date of enactment of the Agri- individual floor space per brown hen and 116 vice that contains only 1 egg-laying hen. culture Reform, Food, and Jobs Act of 2013, square inches of individual floor space per ‘‘(6) OTHER LIVESTOCK OR POULTRY PRODUC- the Secretary shall determine, after having white hen; and TION.—This section shall apply only to com- reviewed and analyzed the results of an inde- ‘‘(ii) beginning January 1, 2024, a minimum mercial egg production. This section shall pendent, national survey of caging devices, of 144 square inches of individual floor space not apply to the production of pork, beef, whether— per brown hen and 124 square inches of indi- turkey, dairy, broiler chicken, veal, or other ‘‘(A) the requirements of subsection (a)(1) vidual floor space per white hen. livestock or poultry. have been met; and ‘‘(c) AIR QUALITY.— ‘‘SEC. 7B. PHASE-IN CONVERSION REQUIRE- ‘‘(B) the requirements of subsection (b)(2) ‘‘(1) IN GENERAL.—Beginning 2 years after MENTS. have been met. the date of enactment of the Agriculture Re- ‘‘(a) NATIONAL CONVERSION REQUIRE- ‘‘(2) REQUIREMENTS MET.—If the Secretary form, Food, and Jobs Act of 2013, an egg han- MENTS.— finds that the requirements of subsection

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(a)(1) have not been met, then beginning Jan- (g) ENFORCEMENT OF HEN HOUSING AND (I) Climate change benefit projects, includ- uary 1, 2020, the floor space requirements (ir- TREATMENT STANDARDS.—Section 8 of the ing— respective of the date such requirements ex- Egg Products Inspection Act (21 U.S.C. 1037) (i) enhancing soil quality; pire) related to new caging devices contained is amended— (ii) reducing greenhouse gas emissions; and in subsection (b)(2)(B) of section 7A shall (1) by redesignating subsections (c), (d), (e), (iii) increasing resilience to rising tem- apply to existing caging devices placed into and (f) as subsections (d), (e), (f), and (g), re- peratures, extreme weather events, and re- operation prior to January 1, 1995. spectively; lated climate changes. ‘‘(3) REQUIREMENTS NOT MET.—If the Sec- (2) by inserting after subsection (b) the fol- (J) Other related activities that the Sec- retary finds that the requirements of sub- lowing new subsection: f section (b)(2) have not been met, then begin- ‘‘(c)(1) No person shall buy, sell, or trans- ning 1 year from the date of the Secretary’s port, or offer to buy or sell, or offer or re- NOTICES OF HEARINGS ceive for transportation, in any business or finding, the floor space and enrichments re- COMMITTEE ON ENERGY AND NATURAL commerce any eggs or egg products derived quirements (irrespective of the date such re- RESOURCES from egg-laying hens housed or treated in quirements come into force) contained in Mr. WYDEN. Mr. President, I would subsection (a)(3)(A) and subsection violation of any provision of section 7A. (b)(3)(B)(ii) of section 7A shall apply to all ‘‘(2) No person shall buy, sell, or transport, like to announce for the information of caging devices in California. or offer to buy or sell, or offer or receive for the Senate and the public that a hear- ‘‘(4) REPORT.—At the end of 12 years after transportation, in any business or commerce ing has been scheduled before the Com- the date of enactment of the Agriculture Re- any eggs or egg products derived from egg- mittee on Energy and Natural Re- form, Food, and Jobs Act of 2013, and again laying hens unless the container or package, sources. after December 31, 2029, the Secretary shall including any immediate container, of the The hearing will be held on Tuesday, submit to the Committee on Agriculture of eggs or egg products, beginning 1 year after June 4, 2013, at 10 a.m. in room SD–366 the date of enactment of the Agriculture Re- the House of Representatives and the Com- of the Dirksen Senate Office Building. mittee on Agriculture, Nutrition, and For- form, Food, and Jobs Act of 2013, contains estry of the Senate a report on compliance adequate housing-related labeling. The purpose of this hearing is to ex- with subsections (a) and (b). ‘‘(3) No person shall buy, sell, or transport, plore wildland fire management. ‘‘(5) RELATIONSHIP TO OTHER LAW.—Not- or offer to buy or sell, or offer or receive for Because of the limited time available withstanding section 12, the remedies pro- transportation, in any business or com- for the hearing, witnesses may testify vided in this subsection shall be the exclu- merce, in California, any eggs or egg prod- by invitation only. However, those sive remedies for violations of this section.’’. ucts derived from egg-laying hens unless the wishing to submit written testimony egg-laying hens are provided floor space and (c) INSPECTIONS.—Section 5 of the Egg for the hearing record should send it to Products Inspection Act (21 U.S.C. 1034) is enrichments equivalent to that required amended— under subsections (a)(3) and (b)(3) of section the Committee on Energy and Natural (1) in subsection (d), in the first sentence, 7A of this Act regardless of where the eggs Resources, United States Senate, 304 by inserting ‘‘(other than requirements with are produced.’’; and Dirksen Senate Office Building, Wash- respect to housing, treatment, and housing- (3) in subsection (e) (as redesignated by ington, DC 20510–6150, or by email to related labeling)’’ after ‘‘as he deems appro- paragraph (1)) , in the matter preceding para- [email protected]. priate to assure compliance with such re- graph (1), by inserting ‘‘7A,’’ after ‘‘section’’. For further information, please con- quirements’’; and (h) STATE AND LOCAL AUTHORITY.—Section tact Meghan Conklin (202) 224–8046 or 23 of the Egg Products Inspection Act (21 (2) in subsection (e)— John Assini (202) 224–9313. (A) in paragraph (1)— U.S.C. 1052) is amended— (i) in subparagraph (A), by striking ‘‘and’’; (1) by redesignating subsections (c) and (d) COMMITTEE ON HEALTH, EDUCATION, LABOR, (ii) by redesignating subparagraph (B) as as subsections (d) and (e), respectively; AND PENSIONS subparagraph (C); (2) by inserting after subsection (b) the fol- Mr. HARKIN. Mr. President, I wish to (iii) by inserting after subparagraph (A) lowing new subsection: announce that the Committee on the following new subparagraph: ‘‘(c) PROHIBITION AGAINST ADDITIONAL OR Health, Education, Labor, and Pen- ‘‘(B) are derived from egg-laying hens DIFFERENT REQUIREMENTS THAN FEDERAL RE- sions will meet in executive session on QUIREMENTS RELATED TO MINIMUM SPACE AL- housed and treated in compliance with sec- Wednesday, May 22, 2013, at 10 a.m. in LOTMENTS FOR HOUSING EGG-LAYING HENS IN tion 7A; and’’; and room 430 of the Dirksen Senate Office (iv) in subparagraph (C), as redesignated by COMMERCIAL EGG PRODUCTION.—Require- clause (ii), by inserting ‘‘adequate housing- ments within the scope of this Act with re- Building to mark-up S. 959, Pharma- related labeling and’’ after ‘‘contain’’; spect to minimum floor space allotments or ceutical Compounding Quality and Ac- (B) in paragraph (2), by striking ‘‘In the enrichments for egg-laying hens housed in countability Act; S. 957, Drug Supply case of a shell egg packer’’ and inserting ‘‘In commercial egg production which are in ad- Chain Security Act; the nomination of the cases of an egg handler with a flock of dition to or different than those made under Mark Gaston Pearce, to be a Member of more than 3,000 egg-laying hens and a shell this Act may not be imposed by any State or the National Labor Relations Board; egg packer’’; local jurisdiction. Otherwise the provisions of this Act shall not invalidate any law or the nomination of Richard F. Griffin, (C) in paragraph (3), by inserting ‘‘(other Jr., to be a Member of the National than requirements with respect to housing, other provisions of any State or other juris- treatment, and housing-related labeling)’’ diction in the absence of a conflict with this Labor Relations Board; the nomination after ‘‘to ensure compliance with the re- Act.’’; and of Sharon Block, to be a Member of the quirements of paragraph (1)’’; and (3) by inserting after subsection (e) (as re- National Labor Relations Board; and (D) in paragraph (4), by striking ‘‘with a designated by subsection (a)) the following the nomination of Harry I. Johnson III, flock of not more than 3,000 layers.’’ and in- new subsection: to be a Member of the National Labor ‘‘(f) ROLE OF CALIFORNIA DEPARTMENT OF serting ‘‘who buys, sells, handles, or proc- Relations Board. esses eggs or egg products solely from 1 flock FOOD AND AGRICULTURE.—With respect to eggs produced, shipped, handled, transported, For further information regarding of not more than 3,000 egg-laying hens.’’. this meeting, please contact the Com- (d) LABELING.—Section 7(a) of the Egg or received in California prior to the date Products Inspection Act of 1970 (21 U.S.C. that is 15 years after the date of enactment mittee at (202) 224–5375. 1036(a)) is amended by inserting ‘‘adequate of the Agriculture Reform, Food, and Jobs f housing-related labeling,’’ after ‘‘plant Act of 2013, the Secretary shall delegate to where the products were processed,’’. the California Department of Food and Agri- AUTHORITY FOR COMMITTEES TO (e) LIMITATION ON EXEMPTIONS BY SEC- culture the authority to enforce sections MEET RETARY.—Section 15(a) of the Egg Products 7A(a)(3), 7A(b)(3), 8(c)(3), and 11.’’. COMMITTEE ON BANKING, HOUSING AND URBAN (i) EFFECTIVE DATE.—This section shall Inspection Act of 1970 (21 U.S.C. 1044(a)) is AFFAIRS amended in the matter preceding paragraph take effect on the date of enactment of this (1) by inserting ‘‘(not including subsection Act. Ms. STABENOW. Mr. President, I ask (c) of section 8)’’ after ‘‘exempt from specific unanimous consent that the Com- provisions’’. SA 1058. Mr. WHITEHOUSE (for him- mittee on Banking, Housing and Urban (f) IMPORTS.—Section 17(a)(2) of the Egg self and Mr. UDALL of New Mexico) sub- Affairs be authorized to meet during Products Inspection Act of 1970 (21 U.S.C. mitted an amendment intended to be the session of the Senate on May 21, 1046(a)(2)) is amended by striking ‘‘subdivi- proposed by him to the bill S. 954, to 2013, at 10:15 a.m. to conduct a hearing sion thereof and are labeled and packaged’’ reauthorize agricultural programs entitled ‘‘The Financial Stability Over- and inserting ‘‘subdivision thereof; and no eggs or egg products capable of use as human through 2018; which was ordered to lie sight Council Annual Report to Con- food shall be imported into the United States on the table; as follows: gress.’’ unless they are produced, labeled, and pack- On page 256, strike line 15 and insert the The PRESIDING OFFICER. Without aged’’. following: objection, it is so ordered.

VerDate Mar 15 2010 02:54 May 22, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MY6.055 S21MYPT1 PWALKER on DSK7TPTVN1PROD with SENATE S3698 CONGRESSIONAL RECORD — SENATE May 21, 2013 COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without The legislative clerk read as follows: RESOURCES objection, it is so ordered. Nomination of Srikanth Srinivasan, of Vir- Ms. STABENOW. Mr. President, I ask PERMANENT SUBCOMMITTEE ON INVESTIGATIONS ginia, to be United States Circuit Judge for unanimous consent that the Com- Ms. STABENOW. Mr. President, I ask the District of Columbia Circuit. mittee on Energy and Natural Re- unanimous consent that the Perma- CLOTURE MOTION sources be authorized to meet during nent Subcommittee on Investigations Mr. REID. Madam President, I send a the session of the Senate on May 21, of the Committee on Homeland Secu- cloture motion to the desk. The PRESIDING OFFICER. The clo- 2013, at 10 a.m., in room 216 of the Hart rity and Government Affairs be author- ture motion having been presented Senate Office Building. ized to meet during the session of the The PRESIDING OFFICER. Without under rule XXII, the clerk will report Senate on May 21, 2013, at 9:30 a.m., to objection, it is so ordered. the motion. conduct a hearing entitled ‘‘Offshore COMMITTEE ON FINANCE The legislative clerk read as follows: Profit Shifting and the U.S. Tax Code— Ms. STABENOW. Mr. President, I ask CLOTURE MOTION Part 2.’’ unanimous consent that the Com- We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without mittee on Finance be authorized to ance with the provisions of rule XXII of the objection, it is so ordered. meet during the session of the Senate Standing Rules of the Senate, hereby move f to bring to a close debate on the nomination on May 21, 2013, at 10 a.m. in room SD– of Srikanth Srinivasan, of Virginia, to be 215 of the Dirksen Senate Office Build- MEASURES READ THE FIRST United States Circuit Judge for the District ing, to conduct a hearing entitled ‘‘A TIME—S. 1003, S. 1004, H.R. 45 of Columbia Circuit. Review of Criteria Used by the IRS to Harry Reid, Patrick J. Leahy, Bill Nel- Mr. REID. Madam President, I am Identify 501(c)(4) Applications for son, Christopher A. Coons, Amy Klo- told that three bills are at the desk. I Greater Scrutiny.’’ buchar, Tim Kaine, Jack Reed, Barbara The PRESIDING OFFICER. Without would ask for their first reading en A. Mikulski, Mark R. Warner, Sheldon objection, it is so ordered. bloc. Whitehouse, Sherrod Brown, Benjamin The PRESIDING OFFICER. The L. Cardin, Robert P. Casey, Jr., Tom COMMITTEE ON FOREIGN RELATIONS clerk will read the bills by title for the Harkin, Bernard Sanders, Al Franken, Ms. STABENOW. Mr. President, I ask first time en bloc. Robert Menendez. unanimous consent that the Com- The legislative clerk read as follows: Mr. REID. I ask unanimous consent mittee on Foreign Relations be author- A bill (S. 1003) to amend the Higher Edu- that the mandatory quorum under rule ized to meet during the session of the XXII be waived. Senate on May 21, 2013, at 2:15 p.m. cation Act of 1965 to reset interest rates for new student loans. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without A bill (S. 1004) to permit voluntary eco- objection, it is so ordered. objection, it is so ordered. nomic activity. Mr. REID. Madam President, we are COMMITTEE ON FOREIGN RELATIONS A bill (H.R. 45) to repeal the Patient Pro- moving forward. This will be the sixth Ms. STABENOW. Mr. President, I ask tection and Affordable Care Act and health or seventh year we have tried to fill va- unanimous consent that the Com- care-related provisions in the Health Care cancies on the DC Circuit. There are mittee on Foreign Relations be author- and Education Reconciliation Act of 2010. four vacancies there. I hope the Presi- ized to meet during the session of the Mr. REID. Madam President, I now dent sends us some more names. I un- Senate on May 21, 2013, at 2:45 p.m., to ask for a second reading en bloc for derstand that will be the case maybe hold a Near Eastern and South and each of these and I object to my own before the end of this week. Central Asian Affairs subcommittee request. It is outrageous we have been stopped hearing entitled, ‘‘Prospects for Af- The PRESIDING OFFICER. Objec- procedurally from doing the work of ghanistan’s 2014 Elections.’’ tion having been heard, the bills will be this country in filling these nomina- The PRESIDING OFFICER. Without read for a second time the next legisla- tions in this very important court. We objection, it is so ordered. tive day. are going to have a cloture vote on this on Thursday, as we should do, and COMMITTEE ON THE JUDICIARY f Ms. STABENOW. Mr. President, I ask hopefully finish by the end of the week. unanimous consent that the Com- APPOINTMENTS If we get cloture, we will finish by the mittee on the Judiciary be authorized The PRESIDING OFFICER. The end of the week if we have to stay over to meet during the session of the Sen- Chair announces, on behalf of the ma- another day or so. ate on May 21, 2013, at 10:30 a.m., in jority leader, after consultation with f SH–216 of the Hart Senate Office Build- the Chairman of the Committee on ORDERS FOR WEDNESDAY, MAY 22, ing, to continue its executive business Armed Services, pursuant to the provi- 2013 meeting. sions of Public Law 112–239, the ap- Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without pointment of the following individuals that when the Senate completes its objection, it is so ordered. to be members of the Military Com- business today, it adjourn until SELECT COMMITTEE ON INTELLIGENCE pensation and Retirement Moderniza- Wednesday, May 22, 2013; that following Ms. STABENOW. Mr. President, I ask tion Commission: the Honorable Bob the prayer and pledge, the morning unanimous consent that the Select Kerrey of Nebraska, and the Honorable hour be deemed expired, the Journal of Committee on Intelligence be author- Larry Pressler of South Dakota. proceedings be approved to date, and ized to meet during the session of the f the time for the two leaders be re- Senate on May 21, 2013, at 2:30 p.m. EXECUTIVE SESSION served for their use later in the day; The PRESIDING OFFICER. Without that following any leader remarks the objection, it is so ordered. Senate be in a period of morning busi- SUBCOMMITTEE ON CONSUMER PROTECTION, NOMINATION OF SRIKANTH ness for 1 hour with Senators per- PRODUCT SAFETY, AND INSURANCE mitted to speak therein for up to 10 Ms. STABENOW. Mr. President, I ask SRINIVASAN TO BE UNITED STATES CIRCUIT JUDGE FOR minutes each, with the Republicans unanimous consent that the Sub- controlling the first half and the ma- committee on Consumer Protection, THE DISTRICT OF COLUMBIA CIRCUIT jority controlling the final half; that Product Safety, and Insurance of the following morning business, the Senate Committee on Commerce, Science, and Mr. REID. Madam President, I now resume consideration of S. 954, the Transportation be authorized to meet move to proceed to executive session to farm bill. during the session of the Senate on consider Calendar No. 95. The PRESIDING OFFICER. Without May 21, 2013, at 9:30 a.m. in room 253 of The PRESIDING OFFICER. The objection, it is so ordered. the Russell Senate Office Building. The question is on agreeing to the motion f Committee will hold a hearing enti- to proceed. tled, ‘‘S. 921, The Raechel and Jac- Without objection, the motion is SCHEDULE queline Houck Safe Rental Care Act of agreed to. Mr. REID. We will continue to work 2013.’’ The clerk will report the nomination. through amendments on the farm bill

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ACKNOWLEDGING THE SERVICE OF In 1963, John became the head junior var- Constantly striving to improve and expand CHIEF MASTER SERGEANT sity football coach at North Farmington High the services offered to community members in JAMES K. ‘‘KENNY’’ FOGLE School. He taught and coached there for six need, Boyertown Area Multi-Service, Incor- years until transferring to the newly opened porated embarked on an ambitious building HON. BRETT GUTHRIE Harrison High School in 1970 to teach history project in 2004 and moved into their new OF KENTUCKY and be the head varsity football coach. home in January 2006. The new building Mr. Speaker, Coach’s overall football record houses the extremely popular Center at Spring IN THE HOUSE OF REPRESENTATIVES is an astonishing 392 wins, 88 losses and one Street, providing people 55 and older with op- Tuesday, May 21, 2013 tie. He was also the Varsity baseball coach portunities for socialization, recreation, edu- Mr. GUTHRIE. Mr. Speaker, I rise today in from 1971 to 2005, earning a record of 468 cation, and nutrition. recognition of Chief Master Sergeant James wins and 341 losses, along with 12 district Staff, volunteers, the Board of Directors and K. ‘‘Kenny’’ Fogle. championships, 4 regional titles and 2 state the community celebrated the organization’s Joining the U.S. Air Force in 1977, Chief semi-final berths. Coach Harrison has won a 40th anniversary during an open house on Fogle began his active duty career serving as record 13 Michigan High School Football Saturday, May 18, 2013. an Airborne Cryptologic Linguist. He was as- Championships and 29 conference titles. In Mr. Speaker, I ask that my colleagues join signed to the Kadena Air Base in Okinawa, addition, he has helped hundreds of football me today in congratulating the staff, volun- Japan. Chief Fogle logged more than 450 players secure college football scholarships teers, Board of Directors and supporters of hours of flying time with the RC135 and and seven of his former players have played Boyertown Area Multi-Service, Incorporated as earned the Air Medal during this tour. in the National Football League. they commemorate this memorable milestone Following his service with the U.S. Air Mr. Herrington is well known for crediting his and in extending best wishes for continued Force, Chief Fogle enlisted in the Kentucky Air players and assistant coaches for his success; success in providing exemplary service to sen- National Guard in several capacities. From however, a list of awards honoring him in- iors, families and anyone in need in the great- 2000–2003, Chief Fogle served as the Senior cludes: induction into both the Michigan and er Boyertown Area. Enlisted Advisor to the Assistant Adjutant National Coaches Association Halls of Fame, f General for Air, Brigadier General Rick Ash. National Football Coach of the Year, and run- Chief Fogle also served as Assistant to the ner up for the NFL’s Shula Award for Out- HONORING GINGER BARNES, CEO, Secretary of Transportation in Kentucky’s standing High School Football Coach. UNITED SPACE ALLIANCE Transportation Cabinet from 1988–2003. Mr. Speaker, at the end of this school year Today, Chief Fogle serves as the Executive John Herrington will retire from teaching. HON. PETE OLSON Director of the United Way of Nelson County. While coach Herrington’s time as a teacher OF TEXAS has ended; he will continue to be the head Chief Fogle’s life of service has earned him IN THE HOUSE OF REPRESENTATIVES many medals and ribbons, but perhaps most varsity football coach at Harrison High School. Tuesday, May 21, 2013 importantly, the gratitude of the Common- I would like to thank him for his many decades wealth of Kentucky. of selfless service as a teacher and wish him Mr. OLSON. Mr. Speaker, I rise today to As Memorial Day approaches, I’d like to ac- continued success as the head football coach honor a true leader in NASA’s human knowledge Chief Fogle for his military service at Harrison High School. spaceflight program. This individual is neither and for continuing that service in his personal f an astronaut nor a high-ranking NASA official, life. I join with Kentucky’s Second District in RECOGNIZING THE 40TH ANNIVER- yet she has been deeply involved in our na- thanking you for your service. SARY OF BOYERTOWN AREA tion’s achievements in space, and deserves f MULTI-SERVICE INCORPORATED public recognition. Virginia Barnes, or Ginger to those of us IN HONOR OF COACH JOHN who know her, has been CEO and President HERRINGTON’S RETIREMENT HON. JIM GERLACH of the United Space Alliance for the past three FROM TEACHING OF PENNSYLVANIA years. United Space Alliance is the company IN THE HOUSE OF REPRESENTATIVES that was tasked by NASA to operate the HON. GARY C. PETERS Tuesday, May 21, 2013 Space Shuttle. During her tenure, both NASA OF MICHIGAN Mr. GERLACH. Mr. Speaker, I rise today to and United Space Alliance were under tre- IN THE HOUSE OF REPRESENTATIVES congratulate the staff, volunteers and Board of mendous pressure to complete the remaining Directors of Boyertown Area Multi-Service, In- flights necessary to finish construction of the Tuesday, May 21, 2013 corporated as the organization celebrates 40 International Space Station, as well as man- Mr. PETERS of Michigan. Mr. Speaker, I years of providing outstanding services and age the transition and closeout of the Space rise today to honor Mr. John Herrington and guidance to seniors and individuals of all ages Shuttle Program. This was an immense chal- his lifelong commitment to Greater Detroit in need of an array of social services. lenge given the size of the workforce, assets, youth. Known to many in the community sim- Since its opening in 1973, Boyertown Area and facilities affected. Adding to this pressure ply as ‘‘Coach’’ Mr. Herrington has spent half Multi-Service, Incorporated has been true to was the vast public attention given to the a century helping those who have crossed his its mission of providing resources and services Space Shuttle on its final flights after 30 years path. to meet unfulfilled human and community of service. This process forced America to ac- John Herrington distinguished himself as a needs in the greater Boyertown area. cept the reality that we would not fly in space standout student-athlete while attending Wa- The organization has been successful for in our own spacecraft, for quite some time. terford Township High School, where he was four decades thanks to a strong partnership During this stressful and challenging period, President of his senior class and earned nine between caring neighbors and dedicated staff. Ginger guided the United Space Alliance with varsity letters in basketball, baseball, and foot- In 2012, more than 400 volunteers gave near- steady resolve, and calm leadership balancing ball. Upon graduation he attended Central ly 42,000 hours of their time preparing and decisions on what was in the best interest of Michigan University where he played basket- serving meals to seniors as part of the Meals the Space Shuttle Program. Painful choices ball and excelled in academics—graduating on Wheels and the Center at Spring Street were made that affected workers and their with a Bachelor of Science degree in Edu- programs, providing tax preparation services, families, many of whom had dedicated their cation and his teaching certificate in 1962. driving individuals to medical appointments, entire careers to the Space Shuttle. Ginger While there, he met the love of his life and fu- coordinating the food pantry and Christmas handled this process with grace, care and ture wife, Fran—they were a team for 38 assistance programs and helping individuals consideration. Now that the last files have years until her passing in 2001. qualify for home heating assistance programs. been boxed up, the Space Shuttle orbiters

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

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MY8.001 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E708 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2013 have been transferred to their final display lo- After successfully helping me attain office, HONORING LAW ENFORCEMENT cations, and the facilities have been Charlie was immediately appointed as Director OFFICERS LOST IN THE LINE OF mothballed or transitioned to other programs, of Field Offices. His leadership has helped DUTY Ginger’s work on behalf of the Space Shuttle countless Mississippi residents in attaining program is complete. needed assistance. HON. MARSHA BLACKBURN Thankfully, Ginger is not leaving the space Charlie was a loving husband and is the de- OF TENNESSEE program. She will be returning to the Boeing IN THE HOUSE OF REPRESENTATIVES Corporation, where she worked for her entire voted father of five. His pathway to success career prior to assuming leadership at the can be largely attributed to his steadfast devo- Tuesday, May 21, 2013 United Space Alliance. Hopefully, she will tion to and compassion for the people of the Mrs. BLACKBURN. Mr. Speaker, there is an have some more time to pursue her hobbies State of Mississippi. old American prayer asking the Almighty to as a licensed commercial pilot and hot air bal- Mr. Speaker, I ask that you and our col- bring ‘‘safety, hounour, and welfare of thy people; that all things may be ordered and settled loonist, as well as spend time with her family. leagues join me in honoring Mr. Charlie Horhn The space industry is lucky to be able to re- by their endeavors, upon the best and surest on 20 years of invaluable service to the United tain her exceptional knowledge and expertise foundations, that peace and happiness, truth as America embarks on our next space jour- States Congress. and justice, religion and piety, may be estab- ney. I thank her for her service to our civil lished among us for all generations.’’ I rise space program, and look forward to more ac- f today to honor the lives of those the Almighty complishments to come in the years ahead. used to bring peace, safety, and welfare. HONORING THE VETERANS OF THE On average, one law enforcement officer is f MAY 21, 2013 JASPER COUNTY killed in the line of duty every 57 hours. Since FREEDOM FLIGHT RECOGNIZING MR. CHARLIE the first known line-of-duty death in 1791, HORHN FOR 20 YEARS OF IN- more than 19,000 law enforcement officers VALUABLE SERVICE RENDERED have made the ultimate sacrifice. TO THE UNITED STATES HOUSE HON. DAVID LOEBSACK There are those souls, Mr. Speaker, whose OF REPRESENTATIVES OF IOWA lights guide the way even after they are dimmed. During National Police Week, I ask IN THE HOUSE OF REPRESENTATIVES HON. BENNIE G. THOMPSON my colleagues to join me in honoring those OF MISSISSIPPI Tuesday, May 21, 2013 law enforcement officers lost in the line of IN THE HOUSE OF REPRESENTATIVES duty. We join their families, friends, and com- Mr. LOEBSACK. Mr. Speaker, today, over Tuesday, May 21, 2013 munities in offering our condolences and pray- 160 Iowa veterans from World War II, the Ko- ers that the memory of those lost be cher- Mr. THOMPSON of Mississippi. Mr. Speak- rean War, the Vietnam War, and the Vietnam ished. er, I rise today recognizing one of America’s era will travel to our nation’s capital to visit the f most dedicated public servants and one of monuments that were built in their honor by a Mississippi’s strongest advocates; my friend RECOGNIZING THE CAREER OF grateful nation. For many of these veterans, and Director of Field Operations, Mr. Charlie DANA EICHERT today will be the first time they will visit the Horhn. After 20 years of public service, Char- lie is retiring from the United States House of capital and the first time that they will see their monuments. HON. JIM GERLACH Representatives. OF PENNSYLVANIA A native son of Holmes County, Mississippi, On Sunday, they were given a warm send- IN THE HOUSE OF REPRESENTATIVES born July 9, 1934, Charlie is the sixth of 10 off by their neighbors and friends from Newton Tuesday, May 21, 2013 children born from the union of Mr. Tommie & and throughout Jasper County. They were es- Mrs. Emma Lee Horhn. Charlie, like others corted from the Newton Speedway to the Mr. GERLACH. Mr. Speaker, I rise today to who grew up during one of the most trying send-off at Newton High School by one hun- honor Boyertown Area Multi-Service, Incor- times in American history—the Great Depres- dred motorcycle escorts. When the Freedom porated Executive Director Dana Eichert, who sion, understands the value of hard work and has faithfully and compassionately served sen- Flight arrives in Washington today, I can think dedication. His professional experiences can ior citizens and people of all ages in need of of no greater honor than to be able to greet be cataloged from days chopping cotton to social services in her community for nearly rendering years of invaluable service to the them and to personally thank Iowa’s—and our three decades. United States House of Representatives. nation’s—heroes for their service to our coun- Mrs. Eichert’s distinguished career serving After marrying his childhood sweetheart, the try. residents of the Boyertown area started in Au- late Mrs. Willistene Levy, Charlie began work The Freedom Flight brings together three gust 1985 when she became the Under 60’s as a metal polisher at Presto Manufacturing generations of veterans who will travel to- Case Manager at Boyertown Multi-Service, In- Company. There his natural knack for leader- gether and support one another throughout corporated. She took on additional responsibil- ship quickly catapulted him to the office of their trip. It also brings together veterans who ities, worked tirelessly to improve the broad local union president. Thereafter, he soon be- were never given the homecoming they de- range of services delivered to individuals and constantly strived to strengthen relationships came an expert in union arbitration and nego- served. This trip, made possible by generous tiations and assumed an active role in voter between the agency and the Boyertown com- donations from Iowans, many of whom the registration activities being sponsored by the munity. A. Phillip Randolph Institute. veterans will never meet in person, dem- Mrs. Eichert became Executive Director of Upon establishment, the well-versed, polit- onstrates that we as a state and as a country the agency in 1997. One of her major achieve- ical savvy, Charlie Horhn became President of will never forget the debt we owe those who ments in that role involved leading the effort to the Central Mississippi chapter of the A. Phillip have worn our nation’s uniform. The veterans raise funds, construct and open a new build- Randolph Institute and later journeyed to be- will be able to visit their monuments today being, providing modern office space for the come President on the State Chapter. These cause their fellow Iowans refused to let their agency’s staff, and more importantly, a new opportunities ultimately gained him acclaim as service go unrecognized. That generosity is home for the Center at Spring Street, which is a staunch politico throughout the State. truly humbling and should inspire us all to con- a pleasant location where people 55 and older In 1990, Charlie was selected to serve as tinue to work each and every day on behalf of gather to socialize, make new friends, enjoy Assistant to the President of the Mississippi those who serve our nation. meals, and participate in a variety of activities. AFL–CIO, giving him leverage in improving Mrs. Eichert’s outstanding leadership and employee and labor relations. His work im- I am tremendously proud to welcome the dedication have earned the respect of the pacted legislation and helped drive member- Jasper County Freedom Flight and Iowa’s vet- agency’s staff, volunteers and Board of Direc- ship in the organization. erans of World War II, the Korean War, the tors, who have lauded her for creating an at- After an extensive stint in labor advocacy, Vietnam War, and the Vietnam era to our na- mosphere where everyone feels as if they are Charlie became manager of my first congres- tion’s capital today. On behalf of every Iowan part of one big family. sional campaign for Mississippi’s Second Dis- I represent, I thank them for their service to The Boyertown Area Multi-Service, Incor- trict seat during the special election in 1993. our country. porated Board of Directors, staff, volunteers

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.001 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E709 and others from the community celebrated PROVIDING FOR CONSIDERATION of a John Denver, and the soul of guitarist Mrs. Eichert’s extraordinary service and OF H.R. 45, REPEAL OF PATIENT John Williams, local classical guitarist Jay wished her well in retirement during an open PROTECTION AND AFFORDABLE Steveskey is a study in contradictions—engag- house on Saturday, May 18, 2013. CARE ACT ing yet nonchalant, ready-to-do-battle yet laid Mr. Speaker, I ask that my colleagues join back, fanciful yet down-to-earth, personable me today in recognizing the exemplary service SPEECH OF yet aloof, worldly yet parochial, busy yet re- and unwavering commitment to helping sen- HON. ANNA G. ESHOO laxed. At a recent concert at Covenant Pres- iors and others in need that Dana Eichert has OF CALIFORNIA demonstrated during her nearly 28-year tenure byterian Church in Scranton in which he IN THE HOUSE OF REPRESENTATIVES with Boyertown Area Multi-Service, Incor- shared the stage with the well-heeled flutist Ed porated. Thursday, May 16, 2013 Wargo, Jay Steveskey performed a special f Ms. ESHOO. Madam Speaker, the GOP guitar solo of Francisco Tarrega’s ‘‘Recuerdos needs to reorder its priorities. The American de la Alhambra.’’ Translated as ‘‘Memories of HONORING THE CAREER OF Alhambra,’’ a famous palace in Granada, VERNA BAILEY people want us to focus on jobs and strengthening our economy, instead of relitigating the Spain, the romantic-era piece is by far past. Today is the 37th time the majority has Tarrega’s most famous work and is consid- HON. SUZANNE BONAMICI ered a study in the art of the tremolo. OF OREGON taken up repealing patient protections for the IN THE HOUSE OF REPRESENTATIVES American people. This is a very bad idea. Steveskey’s rendering of this work was both Since January 2011, the House has been in Tuesday, May 21, 2013 touching and gripping with tremolos as heart- session and held votes on only 281 days. Ms. BONAMICI. Mr. Speaker, I rise today to felt and bittersweet as a lovesick teenager. Forty-three of those days have been spent on The rise and fall of the melodic line was pro- honor Verna Bailey, an exemplary public repealing the Affordable Care Act alone. duced fine and evenly to the point of exquisite school principal who worked with distinction That’s 15 percent of the American people’s perfection. His technique was masterful in the for decades in the district I am honored to rep- time spent solely on failed attempts to repeal resent. Since 1974, Verna has dedicated her- the Affordable Care Act. tradition of Segovia, who considered this piece self to the students, parents, and faculty of the For the party that’s seeking to cut their way to be one of his personal favorites of the solo Beaverton School District. Originally from Mis- to prosperity, consider this: based on the cost guitar repertoire. Both Tarrega and Segovia sissippi, Verna moved to the Pacific Northwest per day to run Congress, the Congressional must have been smiling down upon Steveskey 40 years ago and promptly fell in love with Or- Research Service calculated that the time with this elegant and finely impressionistic per- egon and its residents. She earned a Master’s spent attempting to repeal the health law has formance. Two weeks later, Steveskey was Degree in Education at Lewis and Clark Col- come with a $52.4 million price tag for tax- superbly at it once again, engagingly per- lege, and she worked in several Beaverton payers. This money could restore the esti- forming the music this time of Mexican com- schools during her exceptional career. mated $41 million cut under sequestration to posers at a special Cinco de Mayo concert at Verna Bailey is the daughter of a civil rights Meals on Wheels nutrition programs across the Dietrich Theater in Tunkhannock. A study advocate, and the first African-American the country. Or it could pay for nearly 7,000 of sorts in Mexican folk music, the program woman to attend and graduate from Ole’ Miss. children to participate in the Head Start pro- began with a Mexican piece by Agustin Lara Her story is one of courage and bravery. Al- gram for a year. about the Spanish city of Granada and ended though many of us supported the civil rights Now, consider the benefits the American movements of the 1950s and 1960s, Verna with Five Sketches of Mexico by Julio Cesar people have enjoyed since the Affordable Oliva. In between was the music of Manuel personally confronted hatred and prejudice on Care Act became law: children no longer face a daily basis, and she fought to earn what all Ponce and Ernesto Garcia de Leon. discrimination due to pre-existing conditions; Steveskey’s musicality had the ring of authen- of our students rightly deserve—a quality edu- students and young adults are gaining cov- ticity and was quite dolce at various times cation. Verna Bailey stepped up to be one of erage through their parents’ plans; Medicare is throughout the program. The ‘‘Seis Preludios the first so others behind her could follow her stronger, and seniors are paying less for pre- path. She showed the integrity and determina- scription drugs and getting better treatment at Cortos’’ written by Manuel Ponce at the end of tion that solidified her place in our complicated lower cost; Americans no longer face lifetime his life for the children of a fellow composer American history. limits; families are receiving rebates from in- was brooding and urgent as if the composer Verna’s past should and will be honored, surance companies; and women have access had a longing for Death. The ‘‘Sonatina Merid- but it is her 39-year history with the Beaverton to a wide range of free preventive services. ional’’ also by Manuel Ponce was the last School District that is her legacy. As an edu- Since the law was enacted in March 2010, piece written for his old friend, Andres cator and administrator, Verna Bailey earned over 800,000 jobs have been created in the Segovia, to whom he dedicated much of his considerable praise and recognition. She con- health care industry. So when the GOP says career. The contemporary sketches of Mexico tributed to the development of thousands of the Affordable Care Act is ‘‘killing jobs,’’ it’s flat by Oliva were part of a set of twenty such im- students, including my own children, who saw out wrong. pressionistic sketches with Steveskey per- and respected her as a leader. It is my honor Repealing the Affordable Care Act would forming two sets of five, for Cinco de Mayo. In to congratulate Verna Bailey on her retirement leave millions of Americans without vital pa- keeping with the Cinco de Mayo theme of the and to thank her for a remarkable career and tient protections and has cost the American program, Steveskey also performed the mod- for her decades of dedication to our youth and people precious time and money. We should our community. Her leadership, enthusiasm, ernistic ‘‘Cinco Bosquejos’’ by Ernesto Garcia instead vote for legislation to create jobs, ex- de Leon. Other brief pieces by Ponce such as and compassion will not be forgotten. pand our economy, and strengthen the middle f ‘‘Estrellita,’’ ‘‘Scherzino Mexicano,’’ and ‘‘La class. Pajarera’’ rounded out the charmed perform- f PERSONAL EXPLANATION ance. PENNSYLVANIA CLASSICAL Steveskey’s nuanced sound was so honest HON. MICHAEL T. McCAUL GUITARIST, JAY STEVESKEY, OF TEXAS and pure and full of lyricism that it could bring PERFORMS THE WORKS OF A IN THE HOUSE OF REPRESENTATIVES a grown hombre to tears. His overall perform- SPANISH COMPOSER AND MEXI- ance was quite strong and very straight- Tuesday, May 21, 2013 CAN COMPOSERS AT TWO RE- forward yet strewn with subtle touches here Mr. MCCAUL. Mr. Speaker, I support pas- CENT VENUES sage of H.R. 258, the Stolen Valor Act of 2013 and there. His encore after the all-Mexican and H.R. 1073, the Nuclear Terrorism Con- HON. MATT CARTWRIGHT program was a well-known Mexican tune ventions Implementation and Safety of Mari- called ‘‘Maria Elena.’’ As the words to the po- OF PENNSYLVANIA time Navigation Act of 2013. I was not present etic song ‘‘Granada’’ go: ‘‘Granada, land of my IN THE HOUSE OF REPRESENTATIVES during votes in the House of Representatives dreams, mine becomes a gypsy song when I on May 20, 2013 at the time these two bills Tuesday, May 21, 2013 sing to you,’’ Jay Steveskey has managed to came to the floor for a vote but would have Mr. CARTWRIGHT. Mr. Speaker, with a recapture the wayward and sensual soul of the voted in favor of their passage. semblance to Sir Paul McCartney, the persona Spanish-speaking people.

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K21MY8.004 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E710 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2013 HONORING CHELSEA BROWN their projects for the betterment of a local pre- our government is responsible for the protec- school in Treynor. Alex built a planter and tion of its citizens. walking path at the preschool, while Andy con- My parents emigrated from Lebanon to HON. JEB HENSARLING America believing opportunities for their OF TEXAS structed kneeling pads and two covers and children in a progressive nation would out- IN THE HOUSE OF REPRESENTATIVES poured concrete around two sandpits in the weigh the sacrifice of leaving behind family, play area. Together they also added mulch friends, and social stability. They were able Tuesday, May 21, 2013 near the walking path, playground, and addi- to escape restrictive conditions in pursuit of Mr. HENSARLING. Mr. Speaker, today I tional seating area. The work ethic Alex and better prospects and became actively in- thank Chelsea Brown for her years of service Andrew have shown in their Eagle Projects, volved in different aspects of their new com- to me, my constituents, the House Republican and every other project leading up to their munity. Sadly, my parents’ participation Conference, the House Committee on Finan- Eagle Scout ranks, speaks volumes of their stopped at an integral duty in American democracy—voting. cial Services, and the United States Congress. commitment to serving a cause greater than As the 2012 Presidential Election neared, Chelsea is one of the most dedicated and themselves and assisting their community. the importance of democratic participating loyal people I’ve had the honor of having on Mr. Speaker, the example set by these became evident to me. Citizens across the my staff since I was elected to Congress. young men and their supportive family dem- nation would decide on a president to lead Few, if any, individuals devoted more hours of onstrates the rewards of hard work, dedication the nation for the next four years. This one their life to my legislative career and to the and perseverance. I invite my colleagues in person’s decisions would affect the world’s service of my constituents. the House to join me in congratulating the future, and we, the citizens of the United Chelsea joined my staff as a scheduler and States, were entrusted with the final deci- Hahn brothers on obtaining their Eagle Scout sion. Despite the enormity of this responsi- office manager in January of 2007. As my col- ranking, and I wish them continued success in bility, many citizens, including my parents, leagues appreciate, the job of a congressional their future education and career. would refrain from participating. scheduler is one of the most challenging as- f My teacher, Mrs. Naomi Brown, and I de- signments on the Hill. Throughout the years, cided to confront this community issue and Chelsea’s proactive nature and attention to PERSONAL EXPLANATION organized a voter registration festival in detail allowed me to maximize both my effec- Sugar Land, Texas, titled ‘‘The Power of tiveness as a legislator and my ability to ONE: Because ONE Vote Matters.’’ With the HON. TIM HUELSKAMP support of the Bezos Scholars Program and spend more time with my family. OF KANSAS many other organizations, we registered a My children, Claire and Travis, can attest to IN THE HOUSE OF REPRESENTATIVES total of 618 citizens, including my mom and the asset that Chelsea was to my team. She Tuesday, May 21, 2013 dad. My parents realized that they had es- went out of her way to make my family feel caped a place where credible elections were welcome when they visited my office in Wash- Mr. HUELSKAMP. Mr. Speaker, I was un- nonexistent, but here, they had the power to ington each summer, and I have no doubt that avoidably detained by weather related flight make a difference. Claire and Travis will fondly remember how delays on Monday, May 20, 2013 and missed Ultimately, it is important to participate ‘‘Miss Chelsea’’ made visiting their dad’s office rollcall votes 161, 162 and 163. in the political process because it is our duty Had I been present, I would have voted as as American citizens to do so. A democracy such an enjoyable experience. is not effective unless there is a direct con- Because of her excellent work in my per- follows: ‘‘yea’’ on rollcall No. 161; ‘‘yea’’ on tribution from the populace. From presi- sonal office, I asked Chelsea to join my staff rollcall No. 162; ‘‘yea’’ on rollcall No. 163. dential elections to state, local, and school at the House Republican Conference when I f board elections, we have the responsibility served as Chairman, and asked her to come and duty to place in power whoever we feel CHRISTOPHER SABBAGH along again when I became Chairman of the most competent. When we abstain from par- House Financial Services Committee. Regard- ticipating, we are essentially noncitizens. less of the task at hand, Chelsea could always HON. PETE OLSON We have no voice in the government. We have no influence in decisions made for us. OF TEXAS be trusted to get the job done, no matter what. But through participating in the political Her strong character, discretion, and work IN THE HOUSE OF REPRESENTATIVES process, all of these are made available to us. ethic have made her an asset to me over the Tuesday, May 21, 2013 We become the gears that keep our country last six years. I can assure you that she will progressing. Mr. OLSON. Mr. Speaker, I am privileged to be sorely missed. f Chelsea, thank you for your service and interact with some of the brightest students in dedication to the cause of individual liberty, the 22nd Congressional District who serve on PERSONAL EXPLANATION and thank you for being such an invaluable my Congressional Youth Advisory Council. I member of my team. I wish you the best of have gained much by listening to the high HON. KENNY MARCHANT luck in your future personal and professional school students who are the future of this OF TEXAS endeavors. great nation. They provide important insight IN THE HOUSE OF REPRESENTATIVES f into the concerns of our younger constituents Tuesday, May 21, 2013 and hopefully get a better sense of the impor- A TRIBUTE TO EAGLE SCOUTS tance of being an active participant in the po- Mr. MARCHANT. Mr. Speaker, my flight ALEXANDER AND ANDREW HAHN litical process. Many of the students have writ- yesterday to Washington, DC was unexpect- ten short essays on a variety of topics and I edly diverted to Pittsburgh, Pennsylvania. I un- HON. TOM LATHAM am pleased to share these with my House col- expectedly missed rollcall votes 161, 162, and leagues. 163. OF IOWA On rollcall vote 161, passage of H.R. 258, IN THE HOUSE OF REPRESENTATIVES Christopher Sabbagh is a senior at Kempner High School in Fort Bend County, Stolen Valor Act, I would have voted ‘‘yes.’’ On rollcall vote 162, passage of H.R. 1073, Tuesday, May 21, 2013 Texas. His essay topic is: In your opinion, why Nuclear Terrorism Conventions Implementa- Mr. LATHAM. Mr. Speaker, I rise today to is it important to be involved in the political tion and Safety of Maritime Navigation Act, I recognize and congratulate Alexander and An- process? drew Hahn of Troop 729 in Treynor, Iowa for would have voted ‘‘yes.’’ THE POWER OF ONE On rollcall vote 163, approving the journal, each achieving the rank of Eagle Scout. This country was founded as a beacon of I would have voted ‘‘no.’’ The Eagle Scout rank is the highest ad- hope, a land of opportunity and freedom. Our vancement rank in scouting. Only about five nation is prosperous because of the unique f percent of Boy Scouts earn the Eagle Scout form of government that attracts so many PERSONAL EXPLANATION Award. The award is a performance-based individuals from across the world. Every achievement with high standards that have resident of the United States enters into a HON. DAN BENISHEK been well-maintained for more than a century. social contract between the people and the government. According to John Locke, the OF MICHIGAN To earn the Eagle Scout rank, a Boy Scout government’s power derives from the, ‘‘con- IN THE HOUSE OF REPRESENTATIVES is obligated to pass specific tests that are or- sent of the governed.’’ As citizens of Amer- Tuesday, May 21, 2013 ganized by requirements and merit badges, as ica, it is important to be involved in the po- well as completing an Eagle Project to benefit litical process because we are all responsible Mr. BENISHEK. Mr. Speaker, yesterday I the community. Alex and Andrew completed for the actions of our government, just as missed a vote on H.R. 258, ‘‘To amend title

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MY8.009 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E711 18, United States Code, with respect to fraud- las MacArthur Leadership Award by the United THE U.S. CONTRIBUTION TO THE ulent representations about having received States Army. Captain Sandvig is one of only FIGHT AGAINST MALARIA military declarations or medals’’ due to a fu- six National Guard Officers nationwide to re- neral. Had I been present, I would have voted ceive this prestigious award. ‘‘yea.’’ In addition, I also missed a vote on HON. CHRISTOPHER H. SMITH The United States Army’s General Mac- OF NEW JERSEY H.R. 1073, ‘‘To amend title 18, United States Arthur Leadership Award is reserved for the Code, to provide for protection of maritime IN THE HOUSE OF REPRESENTATIVES most exemplary company grade officers in the navigation and prevention of nuclear terrorism, Tuesday, May 21, 2013 nation who consistently demonstrate the ideals and for other purposes.’’ Had I been present, of ‘‘duty, honor, and country.’’ The winners of Mr. SMITH of New Jersey. Mr. Speaker, last I would have voted ‘‘yea.’’ this great distinction are invited to an award week, I chaired a hearing of the Subcommittee f ceremony at the Pentagon in Washington, DC. on Africa, Global Health, Global Human RECOGNIZING MAY AS NATIONAL There they are presented with a bronze bust Rights, and International Organizations that examined the United States’ contribution to FOSTER CARE MONTH of General MacArthur, an engraved timepiece, and a Commendation Memorandum by the the global fight against malaria. Leadership matters. In 2005, President HON. ALCEE L. HASTINGS Army Chief of Staff. George W. Bush established the President’s OF FLORIDA Before joining the Iowa Army National Malaria Initiative (PMI) and targeted several IN THE HOUSE OF REPRESENTATIVES Guard in 1993, Captain Sandvig was raised in African malaria endemic countries to receive Tuesday, May 21, 2013 Eagle Grove, Iowa by his parents Wayne and over a billion dollars to mitigate and someday Penny. He would go on to obtain his Bachelor eradicate this killer disease. The positive con- Mr. HASTINGS of Florida. Mr. Speaker, I of the Arts from Buena Vista University in sequences of that bold and compassionate ini- am honored to rise today in recognition of May Storm Lake and a Master’s of Education from tiative include over a million lives saved over as National Foster Care Month. National Fos- Graceland University in Lamoni amid his 20- the last decade. ter Care Month provides an opportunity to year military career. In 2004, after 11 years as The global impact of this disease is se- raise awareness for the hundreds of thou- an enlisted soldier and attaining the rank of vere—yet we are making progress. The World sands of children and youth who are in our Staff Sergeant, Captain Sandvig accepted his Health Organization estimates that in 2010 there were 219 million malaria cases and nation’s foster care system. Each one of these officer commission and was sworn in as a 2nd individuals is part of a network of dedicated 660,000 deaths. While still unconscionably Lieutenant before completing Ordnance Officer professionals, foster parents, and advocates high—every life is absolutely precious and of Basic Course in 2005 and his Captain’s Ca- who work 365 days a year, and for that they extraordinary importance—loss of life has de- reer Course in 2008. Through his time with the must be commended. clined from approximately 985,000 deaths in Guard, he has supported his state and country Furthermore, I believe that it is imperative 2000. in multiple roles overseas, including a 2010 we focus on the day-to-day successes of Not surprisingly, malaria has a particularly these children and their allies. In March 2012, deployment to the rough terrain of north- devastating impact on the most vulnerable. I was proud to host a listening tour through eastern Afghanistan. Captain Sandvig has Nearly 86% of those who die are children Broward and Miami-Dade counties to bring earned numerous decorations for his service under five years of age living in Sub-Saharan greater attention to the efforts of local commu- over the last two decades, including the Africa. Dr. Mark Dybul, Executive Director of nities striving to improve our foster care sys- Bronze Star, the Army Commendation Award, the Global Fund to Fight AIDS and President tem. the Army Achievement Medal, and the Army George W. Bush’s extraordinarily effective As a member of the Congressional Caucus Achievement Award. Global AIDS Coordinator, said that in ‘‘Africa on Foster Youth, I am distinctly aware of the Beyond his normal service duties, Captain alone, Malaria take the life of a child every minute’’ and pregnant women are also dis- issues facing our child welfare system. Cur- Sandvig has been involved in numerous orga- proportionately afflicted with the disease. rently, there are over 400,000 children in our nizations and activities to benefit several chari- WHO emphasizes in its World Malaria Report nation’s foster care system, many of whom table organizations across Iowa. A resident of 2012 that malaria is strongly associated with have serious emotional or medical problems. Ankeny with his wife Shannon and their sons poverty. Countries in which a larger percent- On average, these children wait three years Ben, Sam, and J.J., the Sandvig family has age of the population lives in poverty also for permanent families, with many aging out of donated much of their time and money to or- have higher mortality rates from malaria. Chil- foster care without the love and support from ganizations such as Veterans of Foreign dren living in poorer populations and in rural family. These children deserve permanent lov- Wars, the Juvenile Diabetes Research Foun- areas have the highest parasite prevalence ing families, and it is our responsibility as leg- dation, United Way, Families of Iowa’s Fallen, rates. islators to create policy that will help to that the American Legion, the American Cancer It is also important to note the extent to improve their outcomes. Society, Cub Scouts, Holy Trinity Lutheran which the prevalence of malaria is con- At times, the frailties and stark statistics of Church, and various sport leagues in Ankeny. centrated. Eighty percent of malaria deaths the foster care system can seem over- The Sandvig family has also donated finan- occur in just 14 countries and almost 80% of whelming. However, as I have seen from my cially to two separate families planning to cases occur in 17 countries. Over 40% of ma- own experience, when given a voice and a adopt. laria deaths occur in two countries—the chance, foster youth are resilient, capable, Mr. Speaker, it is clear that Captain Democratic Republic of the Congo and Nige- and yearning for success. It is up to all of us ria, and 40% of malaria cases are in the DRC, to nurture the greatness in these youth. Sandvig’s professional and private conduct truly reflects the General MacArthur Leader- Nigeria, and India. Investing in our children’s future is an in- These high morbidity and mortality rates are ship Award’s emphasis on duty, honor, and vestment in the future of our nation, and that not necessary—malaria is both preventable is why I remain committed to working with my country. In the words of General MacArthur: and treatable. We heard about the cost effec- colleagues in Congress to move this country ‘‘Those three hallowed words reverently dic- tive measures that are currently available and forward on issues critical to their success. tate what you ought to be, what you can be, already having an impact or that are in the de- what you will be. They are your rallying point f velopment process. And the United States, de- to build courage . . . to regain faith . . . and spite the current financial constraints, is mak- A TRIBUTE TO CAPTAIN GAVIN to create hope . . .’’ I can think of no better ing a significant contribution to the global fight KEITH SANDVIG recipient for this great award than Captain against malaria. In addition to our contribution Sandvig. His efforts embody the Iowa spirit, to the Global Fund to Fight AIDS, Tuber- HON. TOM LATHAM and I am honored to represent him in the culosis and Malaria, the United States pro- OF IOWA United States Congress. I know that all of my vided $871 million in anti-malaria assistance in IN THE HOUSE OF REPRESENTATIVES colleagues in the House will join me in con- FY2012, and the request for FY2014 is $893 gratulating him for this achievement, thanking million. Tuesday, May 21, 2013 him and his family for their service and sac- But these levels, even when combined with Mr. LATHAM. Mr. Speaker, I rise today to rifice, and wishing him continued success in contributions from other donors, fall short of recognize and congratulate Army National the future. May God continue to watch over all the global need. So our question last week Guard Captain Gavin Sandvig for being of our soldiers and their families, across the was: what are the major challenges going for- named a recipient of the 2013 General Doug- world and here at home alike. ward, and how we can best use our resources

VerDate Mar 15 2010 04:40 May 22, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.008 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E712 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2013 to meet those challenges, to save the most Unit Six award. Overall the team finished 16th something based on that passion that was lives and to have the greatest impact in con- in the nation with Unit One also placing in the functional and prosperous. In order for citi- trolling, if not eradicating, this dreaded dis- top ten and Unit Two finishing 14th overall. zens to become the leaders that the nation so I am honored and proud to recognize the desperately needs, it is crucial that they ease? educate themselves and become activists for We also took a close look at several imme- achievements of these students, they are Unit the causes that they believe in. diate threats to global efforts to combat ma- One: Heather Buja, Brody Kutt, Aaron Although, in the past century, the world as laria. On April 19th, the subcommittee that I Osborne; Unit Two: David Grusendorf, Lauren a whole has made great strides in ideas and chair held a hearing called ‘‘Meeting the Chal- Lomasney, Nicole Trudeau, Jason Wisby; Unit technology, many people across the globe lenge of Drug-Resistant Diseases in Devel- Three: Ashley Carignan, Megan Isom, Jeremy live in an isolated mindset concerning only oping Countries.’’ In his testimony at that hear- Johnson, Sarah Kenney, Francesca Mettetal, themselves and their family or community. One may ponder the relationship between ing, Dr. Thomas Frieden, the Director of the Benjamin Schultz; Unit Four: Katherine Beard, government and one’s service to others in Centers for Disease Control and Prevention, Dillon Higgins, Adam Hukkala, Samantha the world, however, I believe that if one is to warned that in recent years, malaria infections Rineman, Christina Szkrybalo, Jake Tholen; truly make a difference in the world, one in parts of Southeast Asia have been showing Unit Five: Michael Beard, Grant Bowman, must become an active promoter of his/her resistance to artemisinin drugs. These drugs Jarrid Rector-Brooks, Erika Seneca!, Karsyn beliefs. America’s future calls for leaders are the last remaining class of anti-malarial Textor; and Unit Six: Breanne Casper, Nadja who have a global perspective and are willing drugs and form the basis of malaria treatment Grauer, Abigail Harrington, Andreja Petrulis, to work alongside others in a means of compromise and combination of ideals in order globally. If these resistant parasites manage to Jonathon Reck. I also recognize Linda Start, to attain a nation that is concerned with for- spread to sub-Saharan Africa, he stated that the Michigan state coordinator for the ‘‘We the eign affairs and is willing to use the func- ‘‘the results could be devastating.’’ People . . .’’ program. tional facets of the US government and use Insecticide-treated bed nets, which have an I would also like to applaud Mark Oglesby, them as a model to assist developing govern- average useful life of two to three years, are the teacher who has led the Howell High ments. an important, proven malaria prevention tool. School class to this national competition after Since the age of Greeks and Trojans, lead- According to the World Health Organization, eleven years of competing in the state of ership has been a quality that is cherished in Michigan. society and is placed on a pedestal of honor 150 million nets are needed each year to pro- if attained, The future of America relies on vide protection to the vulnerable populations in It was a pleasure to meet these students the upcoming generation to provide the sub-Saharan Africa. For the past two years while they were here and I wish them the best knowledge and ideas that will evolve the al- however, the supply has been considerably in their future endeavors. ready great nation into not only a force that lower than this level, resulting in an estimated f remains highly influential in the economic current shortfall of 77 million nets. The con- world, but also one that shows compassion CARLEY GRABLE sequences, if not urgently addressed, could through its aid. The involvement with the place entire populations, especially children, at political process is vital to the creation of HON. PETE OLSON new leaders of society because without expe- risk of a dramatic malaria resurgence and rience, one is left with a nation led by people OF TEXAS death. who formulate decisions based solely upon We were fortunate to have with us three dis- IN THE HOUSE OF REPRESENTATIVES instinct, instead of intelligence. Edmund tinguished experts who provided us with valu- Tuesday, May 21, 2013 Burke noted that ‘‘no one could make a able insights into these challenges. greater mistake than he who did nothing be- Mr. OLSON. Mr. Speaker, I am privileged to f cause he could only do a little’’. No amount interact with some of the brightest students in of involvement in one’s government is too RECOGNITION OF THE MICHIGAN the 22nd Congressional District who serve on small to make a difference. STATE CHAMPIONS OF THE ‘‘WE my Congressional Youth Advisory Council. I f THE PEOPLE . . . THE CITIZEN’S have gained much by listening to the high AND THE CONSTITUTION’’ COM- school students who are the future of this HONORING THE VETERANS OF THE PETITION great nation. They provide important insight MAY 21, 2013 EASTERN IOWA into the concerns of our younger constituents HONOR FLIGHT HON. MIKE ROGERS and hopefully get a better sense of the importance of being an active participant in the po- HON. DAVID LOEBSACK OF MICHIGAN litical process. Many of the students have writ- OF IOWA IN THE HOUSE OF REPRESENTATIVES ten short essays on a variety of topics and I IN THE HOUSE OF REPRESENTATIVES Tuesday, May 21, 2013 am pleased to share these with my House col- Tuesday, May 21, 2013 leagues. Mr. ROGERS of Michigan. Mr. Speaker, Mr. LOEBSACK. Mr. Speaker, today, ninety Carley Grable is a senior at Lutheran South twenty-nine exceptionally bright students from Iowa World War II and Korean War veterans Academy in Harris County, Texas. Her essay Howell High School in Michigan won a com- will travel to our nation’s capital. Accompanied topic is: In your opinion, why is it important to petition on their knowledge of the Constitution. by volunteer guardians, they will visit the be involved in the political process? As the winners of this competition, they came monuments that were built in their honor. to Washington D.C. the last weekend in April Oftentimes, in a nation where people have For many, today will be the first time they to participate in the national finals of the ‘‘We become relatively desensitized to the acts of the world, it is easy for one to simply fade will see the National World War II Memorial the People . . . The Citizen and the Constitu- into the crowd and become a follower. How- and the Korean War Veterans Memorial. I am tion’’ program. ever, without adequate leaders, any nation, deeply honored to join them for their visit to The ‘‘We the People . . . The Citizen and regardless of its stature, is destined for deg- the National World War II Memorial to person- the Constitution’’ program, administered by the radation. Warren Bennis once stated that, ally thank these heroes for their service to our Center for Civic Education, helps elementary ‘‘Leadership is the capacity to translate vi- nation and to pay tribute to the incredible sac- and secondary students build a strong founda- sion into reality’’. American citizens need to rifice that they made for our country. tion of knowledge of the history and philo- get involved in even the simplest of ways in We owe these heroes a debt of gratitude. sophical influences of the Constitution. The the political process because without the As a reminder of the service and sacrifice of knowledge gained from this experience teach- opinions and ideas of the people, the foundation of America crumbles. the Greatest Generation, I am proud to have es the students about civic responsibility and One cannot completely understand some- a piece of marble in my office from the quarry how to enhance and uphold the democracy of thing until they have immersed themselves that was used to build the World War II Me- this nation. into every facet of it. This proves to be axio- morial. Our World War II and Korean War vet- The final activity in this program, which took matic in the sense that numerous American erans rose to defend not just our nation, but place April 27–29, gave students the oppor- citizens do not voice their opinions or take the freedoms, democracy, and values that tunity to ‘‘testify’’ in a simulated congressional definitive sides on critical issues simply be- make our country the greatest nation on earth. hearing. This experience allows them to utilize cause of a lack of understanding of the polit- They did so as one people and one country. ical process. The American government is and demonstrate their understanding and one of the most fascinating aspects of our Their sacrifices and determination in the face teaches them how to evaluate, take, and de- nation purely because it was the first suc- of great threats to our way of life are both fend positions on issues based on constitu- cessful system of its kind. Nowhere else in humbling and inspiring. tional principles. I am happy to announce that the world had a group of people become so The sheer magnitude of what the Greatest the Howell High team won the Outstanding passionate about something and create Generation accomplished, not just in war but

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MY8.012 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E713 in the peace that followed, continues to inspire Congress must improve oversight of the onto paper for all to read. No; I am but a us today. Their generation and our country did Wildlife Services program and ensure that the worried 17 year-old, frightened for the future not seek to be tested both abroad by a war USDA is using tax dollars efficiently and ap- of our country. Thus being said, I apologize for my lack of professionalism and for- that fundamentally challenged our way of life propriately. I urge passage of the Trans- mality. When asked to write this, I saw it as and at home by the Great Depression and the parency for Lethal Control Act (TLC). an opportunity to directly communicate rebuilding of our economy that followed. But, f with Congress and not as an assignment to when called upon to do so, the Greatest Gen- write about my feelings whilst hiding behind eration defended and then rebuilt our nation to PERSONAL EXPLANATION fancy words causing a lack of personality. make it even stronger. Their patriotism, serv- Ergo, I plead with you to listen to what I ice, and sacrifice not only defined their gen- HON. DENNY HECK have to say and to take it to heart. eration—they stand as a testament to the for- OF WASHINGTON As a young man on the verge of becoming part of the ‘‘real world,’’ leaving high school titude of our nation and the American people. IN THE HOUSE OF REPRESENTATIVES behind, I find it crucial that I involve myself Their legacy endures today. Tuesday, May 21, 2013 I am tremendously proud to welcome the into the world of government, trying to find Mr. HECK of Washington. Mr. Speaker, I what makes it tick. By doing so, I have Eastern Iowa Honor Flight and Iowa’s vet- found that our government is fantastic. The erans of the Second World War and the Ko- rise today regarding my absence from the system our founding fathers established is rean War to our nation’s capital today. On be- House yesterday, Monday, May 20, 2013. Be- the only reason we, as a nation, have sur- half of every Iowan I represent, I thank them cause of this absence, I missed three votes on vived the past 236 years. We have evolved the for their service to our country. the House floor and would like to submit how governmental process commendably as well. f I would have voted had I been in attendance. These facts do not, unfortunately, make up The votes were: for the horrendous damage politics have PERSONAL EXPLANATION Rollcall No. 161, on the Motion to Suspend caused. The concept of politics has torn the Rules and pass H.R. 258, the Stolen Valor apart our government. The lack of cooperation between the two major parties in the HON. ED PASTOR Act. I would have voted ‘‘yea.’’ last decade and a half has been detrimental OF ARIZONA Rollcall No. 162, on the Motion to Suspend to the well being of our nation. Of course our IN THE HOUSE OF REPRESENTATIVES the Rules and pass H.R. 1073, the Nuclear government should tax, regulate trade, deal Tuesday, May 21, 2013 Terrorism Conventions Implementation and with foreign nations, create laws to protect Safety of Maritime Navigation Act of 2013. I the rights of the people, etc. Yet, we have Mr. PASTOR of Arizona. Mr. Speaker, on would have voted ‘‘yea.’’ fixated our beliefs so heavily on the ideals of rollcall Nos. 161—H.R. 258; 162—H.R. 1073; Rollcall No. 163, on Approval of the Journal. one party or the other and I, as a concerned and 163—Approving the Journal, I was de- I would have voted ‘‘yea.’’ citizen, am tired of the gridlock that has layed by weather and my flight arrived late. been hopefully unintentionally created. I Had I been present, I would have voted ‘‘yes.’’ f urge you to remember the prosperous years in which our nation’s leaders, Congress, set f BRANDON PULLIG aside their party and worked for the better INTRODUCTION OF THE TRANS- good of all people. This may be hard to do be- PARENCY FOR LETHAL CONTROL HON. PETE OLSON cause our minds have been corrupted into ACT (TLC) OF TEXAS thinking black and white, but remember the generation—my generation—that must live IN THE HOUSE OF REPRESENTATIVES with the mistakes made by the Republican HON. SUSAN A. DAVIS Tuesday, May 21, 2013 and Democratic leaders who were too igno- OF CALIFORNIA rant to look past their parties’ beliefs and to Mr. OLSON. Mr. Speaker, I am privileged to IN THE HOUSE OF REPRESENTATIVES accept what will benefit all. I write to defend interact with some of the brightest students in my generation and for you to remember the Tuesday, May 21, 2013 the 22nd Congressional District who serve on true role of our government, which is to ‘‘es- Mrs. DAVIS of California. Mr. Speaker, I rise my Congressional Youth Advisory Council. I tablish Justice, insure domestic Tranquility, today to introduce the Transparency for Lethal have gained much by listening to the high provide for the common defense, promote the Control Act (TLC), legislation requiring the school students who are the future of this general Welfare, and secure the Blessings of United States Department of Agriculture to great nation. They provide important insight liberty to ourselves and our Posterity.’’ publish clear and accessible information on into the concerns of our younger constituents animals killed through the Wildlife Services and hopefully get a better sense of the impor- f tance of being an active participant in the po- program of the Animal Health and Inspection PERSONAL EXPLANATION Service. litical process. Many of the students have writ- The Wildlife Services program is responsible ten short essays on a variety of topics and I for intervening in situations when an animal is am pleased to share these with my House col- HON. ROSA L. DeLAURO considered a threat or serious nuisance to hu- leagues. OF CONNECTICUT mans. In some cases, animals are killed to ful- Brandon Pullig is a senior at Deer Park High fill this mission. School in Harris County, Texas. His essay IN THE HOUSE OF REPRESENTATIVES Efforts to gather adequate information re- topic is: Tuesday, May 21, 2013 garding Wildlife Services operations have IN YOUR OPINION, WHAT ROLE SHOULD been difficult. The USDA has not made de- GOVERNMENT PLAY IN OUR LIVES? Ms. DELAURO. Mr. Speaker, I was unavoid- tailed data available to the public relating to Ever since the times of the philosopher ably detained and so I missed rollcall vote No. where, why, how, and which animals have John Locke to Revolutionary heroes such as 157 regarding the Hurt Amendment No. 2 to been killed. This lack of transparency and Patrick Henry and Thomas Paine to the cur- the ‘‘SEC Regulatory Accountability Act’’ (H.R. public reporting makes oversight impossible. rent President Barack Obama, people have 1062). Had I been present, I would have voted The USDA could be acting inappropriately or had many different beliefs on how govern- ‘‘no.’’ recklessly and without this data, we can’t ment should play a role in our lives. While there have been differing views since the f know. That is why I am introducing legislation start, there has been one thing in common; to require the USDA to publish kill data online the explicit disagreement on the role of PERSONAL EXPLANATION by state, county (or other similar political sub- which government should follow. Yes, every- division), and municipality. one believes their opinion is correct because The killing of animals should not be a rou- that is the definition of a belief. However, I HON. ADAM B. SCHIFF tine or reflexive government response. It write today not to share why my beliefs are should only be undertaken, if at all, after care- correct nor to express how the U.S. Govern- OF CALIFORNIA ful deliberation and under strict supervision. ment should be leading the nation, but to IN THE HOUSE OF REPRESENTATIVES tell my Congress, the most powerful body of For that reason, the public and Congress need our government, what not to do. Tuesday, May 21, 2013 to have the opportunity for vigorous oversight Now, I digress momentarily to inform you to ensure that the USDA is acting appro- that I am not a writer. I am not a literary Mr. SCHIFF. Mr. Speaker, on rollcall Nos. priately and considering all cheaper and more mastermind who can reach into thin air, 161, 162, 163, had I been present, I would humane alternatives. pick out the perfect sentence, and transfer it have voted ‘‘aye.’’

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.012 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E714 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2013 RECOGNIZING COL. JASON BOHM dence and its impact. Total governmental sup- have gained much by listening to the high port, including the National Institutes of Health, school students who are the future of this HON. WALTER B. JONES amounts to less than $30 million in food al- great nation. They provide important insight lergy research. Private sources, like Food Al- into the concerns of our younger constituents OF NORTH CAROLINA lergy Research and Education—a patient-cen- and hopefully get a better sense of the impor- IN THE HOUSE OF REPRESENTATIVES tered advocacy and support organization— tance of being an active participant in the po- Tuesday, May 21, 2013 provide limited additional research support. litical process. Many of the students have writ- Mr. JONES. Mr. Speaker, throughout the That is less than $2.00 in annual research ten short essays on a variety of topics and I journey of life, we meet many people. Some of funding for every American living with a poten- am pleased to share these with my House col- these people you will know for a lifetime, and tially life-threatening food allergy. leagues. some you will only know for a brief period. I Mr. Speaker, beyond government research Ariel Zagala is a senior at Needville High have had the pleasure of knowing Colonel support, the risk to individuals, especially chil- School in Fort Bend County, Texas. Her essay Jason Bohm, USMC, for a brief, but meaning- dren, of severe, life-threatening reactions also topic is: In your opinion, what role should gov- ful time. needs to be addressed and prepared for. ernment play in our lives? Col. Bohm has served as the director of the While many children with known food allergies WHAT ROLE GOVERNMENT SHOULD HAVE? Marine Corps liaison office for the U.S. House are permitted to bring their epinephrine auto- George Washington once said, ‘‘Govern- of Representatives for the past two years. injectors to school, studies have shown that ment is not a reason; it is not eloquence. It Having the privilege to represent the Marines 25 percent of epinephrine administrations in is force.’’ This is relevant to me because I do believe government should show force, but of Camp Lejeune and Cherry Point MCAS, I schools involve individuals without a previously known allergy. Consequently, the avail- not have power. The main role of the govern- have worked with Col. Bohm on numerous oc- ment should be the protection of the citizens casions. ability of stock epinephrine—undesignated devices that are not prescribed to a particular rather than the complete dominance over He has served as a knowledgeable advisor the people. Our leaders need to set forth the to me and my staff on various issues con- student and that may be used in anaphylactic rules that our founding fathers created for us cerning active-duty Marines, veterans and mili- emergencies—is critical. Many students who to live by, but not hold our hands and walk tary families. We have all found Col. Jason will need epinephrine may have no known his- us through life. One example would be pro- Bohm to be a man of integrity, sincerity, and tory of allergy to food, bee stings, latex and tection. Ideally, the government’s protection should consist of having someone available a true friend to the Corps. other allergens, and therefore would not have a prescription of their own. when needed or providing aid. In reality, the He has assisted me greatly with an issue As this health crisis continues to grow, other government’s version of protection is tuning that I have worked on for over 11 years, and responses are becoming increasingly nec- into our conversations and running surveil- I want to thank him for his interest and his tre- lance on us. Government, appointed by the essary. In addition to school personnel, res- mendous efforts to help me in my mission of people, should make the rules and the people taurants and their staff need to be made clearing the names of two pilots. For his as- of a society should respect and abide by aware of the risks, know how to properly pre- sistance, I will always be grateful. them. The nation’s leaders should occasion- pare food to avoid allergic reactions, and how As a man of faith, I appreciate Col. Bohm’s ally check to see how the nation is working to respond in an emergency. Emergency re- and give motivation. However, the govern- commitment to his faith and his family. His sponders need to be properly authorized, ment should not dictate and attempt to con- wife, Sonja, has offered unwavering support, trained and equipped to recognize and admin- trol every aspect of life. One prime example along with their children Ashley, Ethan and ister treatment. And ultimately, epinephrine would be gun control. Currently we have had Emily. I wish them all the best on their new numerous situations where people use guns needs to become a standard of emergency journey to Camp Pendleton, California. to harm and in worse situations, kill as well. first aid in public spaces, nationwide. May God continue to bless the Bohm family, Some shootings include the Sandy Hook Mr. Speaker, 19 states have now passed our men and women in uniform, and the Shooting and the Theatre Massacre. The legislation that would allow schools to stock United States of America. government does its job on stepping up and emergency epinephrine auto-injectors for applying force by stopping the situation and f those instances. Congress has had before it persecuting the criminal. What they do not stop to realize is how sometimes they can be FOOD ALLERGIES legislation that would provide an incentive for states to require the stocking of this emer- controlling in situations like these. By try- gency medication for the children and staff ing to take our weapons, they are stripping HON. NITA M. LOWEY us of the Second Amendment and ultimately who may be faced with this life-threatening sit- gaining power over society. There is a no- OF NEW YORK uation, and I hope that that legislation will be ticeable difference between force and power IN THE HOUSE OF REPRESENTATIVES revisited during this session. in that force means to influence, whereas Tuesday, May 21, 2013 It is critical for the public to appreciate the power means having control over something. extent of the problem and, importantly, the se- President Washington was right that govern- Mrs. LOWEY. Mr. Speaker, approximately verity of the disease. It is a health crisis that ment is a force, but overtime our govern- 15 million Americans have a food allergy, a affects every race, age, income group and ge- ment has blindly tried to consume power. life-altering and potentially life-threatening dis- ographic area, and is growing dramatically. Having a government is important for the ease that affects one in every 13 children in country. They are a symbol of leadership and And what the public increasingly needs to un- a sense of security. They are the voice and the U.S. That’s roughly two in every class- derstand is that this is not simply an inconven- examples of who we are as a nation and show room. Food allergies among children in- ient condition. As the recent tragic deaths of that to other nations. In conclusion, our gov- creased by 50 percent from 1997–99 to 2009– children in Utah, New Jersey and Massachu- ernment is a working progress. They provide 11, according to a new report from the Cen- setts show, it is frequently a life-threatening the force but occasionally want power, but ters for Disease Control & Prevention, and disease. We hope that public understanding just like us, no one is perfect. every three minutes, a food allergy reaction and appreciation is enhanced during Food Al- f sends someone to the emergency room. The lergy Awareness Week. numbers are growing and becoming more se- PERSONAL EXPLANATION f rious—but there is no clear answer as to why. The increased impact of food allergies is ARIEL ZAGALA HON. JEB HENSARLING being felt in schools, playgrounds, restaurants, OF TEXAS workplaces and emergency care facilities, and HON. PETE OLSON IN THE HOUSE OF REPRESENTATIVES constitutes a growing public health issue with OF TEXAS Tuesday, May 21, 2013 substantial financial, educational and medical IN THE HOUSE OF REPRESENTATIVES implications. That is why I am speaking today Mr. HENSARLING. Mr. Speaker, due to a to alert you that this week is Food Allergy Tuesday, May 21, 2013 family issue that required my attention, I Awareness Week. Mr. OLSON. Mr. Speaker, I am privileged to missed several votes on May 20, 2013. Had I Unfortunately, resources dedicated to identi- interact with some of the brightest students in been present, I would have voted ‘‘yea’’ on fying the source and a cure for food allergies the 22nd Congressional District who serve on rollcall vote 161, ‘‘yea’’ on rollcall vote 162, has not kept pace with the increasing inci- my Congressional Youth Advisory Council. I and ‘‘yea’’ on rollcall vote 163.

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.019 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS May 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E715 OUR UNCONSCIONABLE NATIONAL application filed on May 4, 2012, by Trans- of foreign affairs to the Department of State DEBT Canada Keystone Pipeline, L.P. to the De- in Executive Order 13337. The President and partment of State . . . as supplemented to Department of State have independent au- include the Nebraska reroute evaluated in thority to act in this field, not Congress. HON. MIKE COFFMAN the Final Evaluation Report issued by the For these reasons Mr. Speaker, I feel that OF COLORADO Nebraska Department of Environmental H.R. 3 is unconstitutional, and that any con- IN THE HOUSE OF REPRESENTATIVES Quality in January 2013 and approved by the sideration of the bill affects the dignity and Nebraska governor’’ shall ‘‘be considered integrity of the institution. Tuesday, May 21, 2013 [deemed] to satisfy all requirements of 1) the Mr. COFFMAN. Mr. Speaker, on January National Environmental Policy Act of 1969, H.R. 3 IS AN EARMARK 20, 2009, the day President Obama took of- and 2) the National Historic Preservation Rule XXI (9)(a)(1) states: Act’’. This is a clear attempt by this body to fice, the national debt was execute the law of the land. ‘‘(a) It shall not be in order to consider— $10,626,877,048,913.08. Again Mr. Speaker, the Executive must ‘‘(1) a bill or joint resolution reported by a Today, it is $16,737,294,304,715.52. We’ve execute the laws. H.R. 3 runs afoul of this re- committee unless the report includes a list added $6,110,417,255,802.44 to our debt in 4 quirement. The Supreme Court also held in of congressional earmarks. . . .’’ years. This is $6 trillion in debt our nation, our Bowsher v. Synar that ‘‘[i]nterpreting a law ‘Congressional earmark’ is defined in Rule economy, and our children could have avoided enacted by Congress to implement the legis- XXI (9)(e) in the following way: lative mandate is the very essence of ‘execu- with a balanced budget amendment. tion’ of the law’’, and that is exactly what is ‘‘(e) For the purpose of this clause, the f being proposed here. The exercise of judg- term ‘‘congressional earmark’’ means a pro- ment in the bill before us, concerning facts vision or report language included primarily ADDRESSING H.R. 3—THE that affect application of statute, con- at the request of a Member, Delegate, Resi- NORTHERN ROUTE APPROVAL ACT stitutes execution of the law. It is an uncon- dent Commissioner, or Senator providing, stitutional act that this body should not en- authorizing or recommending a specific HON. ALAN GRAYSON tertain. It violates separation of powers, and amount of discretionary budget authority, violates the principle underlying the prohibi- credit authority, or other spending authority OF FLORIDA tion of bills of attainder. for a contract, loan, loan guarantee, grant, IN THE HOUSE OF REPRESENTATIVES Statements are deemed by this bill to be in loan authority, or other expenditure with or to an entity, or targeted to a specific State, Tuesday, May 21, 2013 compliance with laws the Executive has been tasked with executing—the National Envi- locality or Congressional district, other than Mr. GRAYSON. Mr. Speaker, I would like to ronmental Policy Act of 1969 (NEPA) and the through a statutory or administrative for- submit the following: National Historic Preservation Act (see sec- mula-driven or competitive award process.’’ MAY 21, 2013. tion 3 of H.R. 3). This is an impermissible Restated, using only the words of the Rule, Hon. JOHN BOEHNER, execution of the law. Congress, through this in the order in which they appear, a ‘con- Speaker, House of Representatives, The Capitol, bill, is attempting to apply the facts of the gressional earmark’ is: Washington, DC. Keystone XL Pipeline environmental impact ‘‘a provision . . . included primarily at the DEAR MR. SPEAKER: I write today to ad- statement to the body of law, and deciding request of a Member . . . providing [or] au- dress H.R. 3, the ‘Northern Route Approval that they comply. This is unconstitutional thorizing . . . a . . . grant . . . to an entity Act’, and my resolution raising a question of and brings into question the ‘dignity and the . . . other than through a statutory or ad- privilege regarding the matter. Please note integrity of [the] proceedings’ of the House. ministrative . . . or competitive award proc- that this is a privileged motion and therefore Apparently, we are no longer satisfied with ess.’’ writing the laws. We have now taken it upon outside the scope of the Rules Committee’s Mr. Speaker, Section 6 of H.R. 3 satisfies ourselves to execute them as well. This dis- jurisdiction regarding ‘‘the order of business every one of these criteria. It grants not credits the institution not only within the of the House’’ (Rule X(1)(o)(1)). This is a only a right-of-way, but also a temporary federal government (complicating our con- question of privilege ‘‘affecting the rights of use permit, outside of established statutory, stitutional relationship with both the execu- the House collectively, its safety, dignity, administrative, and competitive award proc- tive and judicial branches), but also in the and the integrity of its proceedings’’ pursu- esses, and it does so to only one entity—ex- eyes of the American people. We must not ant to Rule IX (1). It is not invoked to ‘‘ef- plicitly named in this bill ‘TransCanada allow the House to be degraded in such a fect a change in the rules . . . or their inter- Keystone Pipeline, L.P.’. pretation’’ (‘House Rules and Manuals’ at way. The requirement that this provision be in- 420). Even when the facts of the bill are exam- cluded ‘primarily at the request of a Mem- Consideration of this bill exceeds ‘the ined, this measure fails. This bill states that ber’ is surely satisfied by the act of a Mem- rights of the House collectively’ and brings the FEIS satisfies NEPA. That FEIS how- ber drafting and offering this bill. It was a into question the ‘dignity and the integrity ever, was for a different project—the Key- conscious choice of a Member from the state of [the] proceedings’ of the House of Rep- stone XL Pipeline as proposed in 2009, a pipe- of Nebraska to offer this legislation, as well resentatives (House Rule IX) because: 1) it is line which would have terminated in the as explicitly mention Nebraska or Nebras- unconstitutional, and 2) it is an earmark. Gulf Coast. The NEPA process for that pro- kans six separate times, while no other state I presented this matter to the full House in posal ended when the State Department de- receives a single mention. H. Res. 225 as a question of privilege last nied the Presidential Permit application and night, and I noticed the question imme- issued a Record of Decision pursuant to 40 Clearly Mr. Speaker, this is an earmark. diately following the only vote series of the C.F.R. § 1505.2. The current proposal is dif- As such, beyond the determination as to day. ferent. It has a different route, different pur- the question of privilege which I have raised, Mr. Speaker, pursuant to Rule IX of the pose and need, different NEPA process, and I would also assert that H.R. 3 violates the House you must now 1) make your deter- more. This bill, however, deems the (out- Rules of the House. Not one of the reports mination as to whether or not this is an ap- dated) FEIS for the previous proposal to filed by the Committee on Transportation propriate ‘question of privilege’, and 2) hold comply with NEPA for the purposes of ap- and Infrastructure, the Committee on En- a vote on the resolution offered before the proving the current proposal. This leap of ergy and Commerce, or the Committee on House. Before that happens, I would like to logic is untenable, and again, compromises Natural Resources includes a list containing address the two claims I have made against the dignity and integrity of the proceedings the congressional earmark that appears in the bill offered by the gentleman from Ne- of this body. this bill. Rule XXI (9)(a)(1) is violated. Finally Mr. Speaker, Section 4 of this bill braska, and then I will outline the reasons states: ‘‘no Presidential permit shall be re- For these reasons (among others) Mr. why I feel you should find in favor of my quired for the pipeline described in the appli- Speaker, I respectfully request your deter- question of privilege. cation filed on May 4, 2012 by TransCanada mination that my question and resolution H.R. 3 IS UNCONSTITUTIONAL . . .’’. This section encroaches upon the before the House is privileged. H.R. 3 is un- ‘‘The . . . Constitution does not permit President’s independent constitutional au- constitutional, it is an earmark, and it vio- Congress to execute the laws.’’ thority over matters of foreign affairs. As a lates the Rules of the House. Therefore, any The above is taken from the Supreme Member of the House Committee on Foreign consideration of this bill is an action which Court’s ruling in Bowsher v. Synar. The bill Affairs, I am intimately familiar with Arti- affects the dignity and the integrity of the before us violates this principle. Congress cle II of the Constitution. Today, this body proceedings of the House pursuant to Rule creates the law, and the Executive executes intends to ignore it and trample our Found- IX. it. ing Document. I refuse to stand idly by and If you have any questions regarding this Under Section 3 of this bill however, ‘‘the participate any longer. The Department of letter, please do not hesitate to contact me final environmental impact statement State does not issue Presidential permits or David Bagby of my staff. (FEIS) issued by the Secretary of State on based on any statutory authority from Con- Sincerely, August 26, 2011’’, and ‘‘the Presidential per- gress; rather, the President delegated his in- ALAN GRAYSON, mit required for the pipeline described in the herent constitutional authority over matters Member of Congress.

VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.023 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS E716 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2013 HONORING THE LEADERSHIP OF AMAND MCINTIRE whose intent is not domination, but coexist- YULA HIGH SCHOOL STUDENTS ence in a free world that respects human life, ON THEIR STAND AGAINST THE HON. PETE OLSON the pursuit of happiness, and freedom. f IRANIAN NUCLEAR PROGRAM OF TEXAS IN THE HOUSE OF REPRESENTATIVES CONGRATULATING THE NORTH CA- Tuesday, May 21, 2013 TAWBA FIRE AND RESCUE DE- HON. HENRY A. WAXMAN PARTMENT ON THEIR 55TH ANNI- Mr. OLSON. Mr. Speaker, I am privileged to VERSARY OF CALIFORNIA interact with some of the brightest students in IN THE HOUSE OF REPRESENTATIVES the 22nd Congressional District who serve on my Congressional Youth Advisory Council. I HON. MARK MEADOWS Tuesday, May 21, 2013 have gained much by listening to the high OF NORTH CAROLINA school students who are the future of this IN THE HOUSE OF REPRESENTATIVES Mr. WAXMAN. Mr. Speaker, it is my honor great nation. They provide important insight Tuesday, May 21, 2013 to call attention to the leadership and drive of into the concerns of our younger constituents Yeshiva University High School of Los Mr. MEADOWS. Mr. Speaker, I rise today to and hopefully get a better sense of the impor- congratulate the members of the North Ca- Angeles’s (YULA) Panthers for Israel. These tance of being an active participant in the po- tawba Fire and Rescue Department as they students have organized a statement of their litical process. Many of the students have writ- mark their 55th anniversary. campus leadership to protest the Iranian nu- ten short essays on a variety of topics and I Committed and hardworking firefighters play clear program and support for global terrorism, am pleased to share these with my House col- a vital role in keeping our homes, businesses, raising awareness of the Iranian threat to the leagues. and public places safe from the threats of United States and our allies around the world. Amanda McIntire is a senior at Hightowner deadly fires. I join them in their quest to stop Iran now, and High School in Fort Bend County, Texas. Her The residents of North Catawba take com- essay topic is: Select an important event that I applaud them for their initiative. For that rea- fort in knowing that these men and women are has occurred in the past 50 years and explain nearby in the event of an emergency. son, I submit the following campus leadership how that event has changed our country. statement. Mr. Speaker, on behalf of the 11th District of WHERE WERE YOU ON THAT FATEFUL DAY? North Carolina, I congratulate the brave men ‘‘We, the student leaders of Yeshiva Uni- Shock . . . dismay . . . disbelief . . . words and women of the North Catawba Fire and versity High Schools of Los Angeles, con- that even this six-year-old could feel on that Rescue Department who are devoted to pro- demn Iran’s development of a nuclear weap- early September morning. Parents swarmed tecting lives. This sacrifice truly exemplifies my elementary school. Classrooms became ons program, as well as its continued support the spirit of America. for worldwide terror. A nuclear capable Iran practically empty. Teachers tried to stay calm, but it was obvious that their attention f poses a direct threat to the United States was focused on the day’s events. 9/11 changed HONORING REVEREND THEODORE and stands against basic American values. our world. It was an act intended to create Iran not only remains an existential threat terror and fear. Until then, we had never MARTIN HESBURGH to America’s friend and ally, the State of fought a foreign country on our soil since Israel, it poses the greatest national security the bombing of Pearl Harbor. HON. JACKIE WALORSKI threat to these United States. We stand ‘‘How do I respond when I see that in some OF INDIANA Islamic countries there is vitriolic hatred for united against a nuclear capable Iran and IN THE HOUSE OF REPRESENTATIVES urge the U.S. Congress to support future leg- America? . . . I’m amazed that there is such islation on this critical issue of global secu- misunderstanding of what our country is Tuesday, May 21, 2013 about, that people would hate us. I am, I rity.’’ Mrs. WALORSKI. Mr. Speaker, today I wish am—like most Americans, I just can’t be- Signed, lieve it. Because I know how good we are, to recognize Rev. Theodore M. Hesburgh, Elliot Julis, YULA Israel Advocacy Club, and we’ve got to do a better job of making president emeritus of the University of Notre President; Shana Salomon, Girls Stu- our case.’’—George W. Bush, press conference Dame, who will be honored on May 22, 2013 dent Council, President; Joshua Kohan, At six, I knew something happened that in a special reception at the U.S. Capitol in Boys Student Council, President; would change my life forever, but I did not Washington, D.C. to celebrate his upcoming Naphtali Nektalov, YULA Israel Advo- realize its magnitude for years to come. At 96th birthday and 70th anniversary as a priest. cacy Club, Chairman of the Board; first, in my mind, we appeared united, but Rev. Hesburgh was ordained as a priest of the Alexa Hanelin, Model United Nations, how could a nation that was founded on the Captain; Gillian Gittler, Editor-in- belief that all men are created equal and Congregation of Holy Cross on June 24, 1943 Chief, The PANTHER; Leron Rayn, should be free, treat others that looked a at Notre Dame. Boys Student Council, Treasurer; certain way differently? Many of my school Rev. Hesburgh taught theology and served Racheli Schechter, Girls Student Coun- mates’ parents came to get my friends fear- as a chaplain to returning veteran students, cil, Treasurer; Levi Saada, YULA ing for revenge against them that day be- next moving on to serve as president of the Clubs, Chair. cause of their religion or heritage. A turban university for thirty-five years. Retiring in 1987, Elon Swartz, Drama Society, Lead Role; on your head or an unfamiliar religious be- Rev. Hesburgh was considered one of the Laura Rubin, Girls Drama Society, lief should not mean that you are an enemy. most distinguished and transformational lead- Lead Role; Lizzi Peled, Mock Trial, My community is very diverse. In fact, my ers in American higher education. A familiar blond hair and blue eyes make me a minority Captain; Jordyn Schoenfeld, Boys Var- face on campus, Rev. Hesburgh was well- sity Basketball, Captain; Shira Ben at my school. I have come to understand that as a nation, we must restore faith in the known for remembering the names and faces Shushan, Friendship Circle Liaison; world’s eyes that we are not wealthy bigots, of the university students, always acknowl- Asher Naghi, Likutei Ohr, Senior Edi- but people who want a free world filled with edging others with heartfelt greetings. tor; Zach Porgress, YULA Community peace and prosperity for everyone. Outside of Notre Dame, Rev. Hesburgh con- Services, Chairman; Ruth Maouda, As Secretary of State John Kerry once tinued his distinguished commitment to public Girls Varsity Soccer, Captain; Batya stated, ‘‘We believe that what matters most Botach, Girls Varsity Tennis, Captain. service, shaping history at home and abroad. is not narrow appeals masquerading as val- He was first tapped by President Dwight Ei- Alexa Mund, SCATCH Tutoring Initia- ues, but the shared values that show the true tive, Director; Ariela Rohatiner, Girls face of America; not narrow values that di- senhower to serve on the National Science Varsity Basketball, Captain; Rachel vide us, but the shared values that unite us: Board in 1954. Over the years, Rev. Hesburgh Gindi, Genocide Awareness Committee; family, faith, hard work, opportunity and re- was appointed to over one hundred other ad- Yoni Elkaim, Boys Varsity Soccer, sponsibility for all, so that every child, every visory boards, developing peaceful solutions to Captain; Samuel Romano, YULA-Mu- adult, every parent, every worker in America nurture the civil rights movement and immigra- seum of Tolerance Liaison; Sophia Le- has an equal shot at living up to their God- tion reform. Due to his consistent efforts to vine, Chai Lifeline Liaison; Sahar given potential. That is the American dream pursue justice and strengthen human dignity, Basiratmand, Yearbook Editor; Boruch and the American value.’’ Rev. Hesburgh served as a member of the Gralnik, Boys Varsity Baseball, Cap- The attacks on 9/11 were intended to weaken our country and our souls. Instead, we are Civil Rights Commission for over a decade, in- tain; Noam Posner, Boys Cross Coun- cluding three years as the chairman. try, Captain. more cautious, more observant, and more determined than ever to prove to the world Advising multiple United States presidents, that we are a strong and powerful nation Rev. Hesburgh was awarded the Medal of

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VerDate Mar 15 2010 04:24 May 22, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.028 E21MYPT1 tjames on DSK6SPTVN1PROD with REMARKS Tuesday, May 21, 2013 Daily Digest Senate Chamber Action Appointments: Military Compensation and Retirement Mod- Routine Proceedings, pages S3633–S3699 ernization Commission: The Chair announced, on Measures Introduced: Thirteen bills and two reso- behalf of the Majority Leader, after consultation with lutions were introduced, as follows: S. 992–1004, the Chairman of the Committee on Armed Services, and S. Res. 150–151. Pages S3657–58 pursuant to the provisions of Public Law 112–239, Measures Reported: the appointment of the following individuals to be S. 330, to amend the Public Health Service Act members of the Military Compensation and Retire- to establish safeguards and standards of quality for ment Modernization Commission: The Honorable research and transplantation of organs infected with Bob Kerrey, of Nebraska, and The Honorable Larry human immunodeficiency virus (HIV), with an Pressler of South Dakota. Page S3698 amendment in the nature of a substitute. Page S3657 Srinivasan Nomination—Cloture: Senate began Measures Considered: consideration of the nomination of Srikanth Srinivasan, of Virginia, to be United States Circuit Farm Bill—Agreement: Senate continued consid- Judge for the District of Columbia Circuit. eration of S. 954, to reauthorize agricultural pro- Page S3698 grams through 2018, taking action on the following A motion was entered to close further debate on amendments proposed thereto: Pages S3634–48, S3652 the nomination and, in accordance with the provi- Adopted: sions of Rule XXII of the Standing Rules of the By 87 yeas to 8 nays (Vote No. 129), Stabenow Senate, a vote on cloture will occur on Thursday, (for Cantwell) Amendment No. 919, to allow Indian May 23, 2013. Page S3698 tribes to participate in certain soil and water con- Messages from the House: Page S3656 servation programs. Pages S3634, S3636 Stabenow (for Sessions) Modified Amendment No. Measures Referred: Page S3656 945, to clarify eligibility criteria for agricultural irri- Measures Read the First Time: Pages S3656, S3698 gation assistance. Page S3637 Executive Communications: Pages S3656–57 Rejected: By 40 yeas to 58 nays (Vote No. 130), Roberts Additional Cosponsors: Pages S3658–60 Amendment No. 948, to improve and extend certain Statements on Introduced Bills/Resolutions: nutrition programs. Pages S3641–47 Pages S3660–63 By 26 yeas to 70 nays (Vote No. 131), Gillibrand Additional Statements: Pages S3655–56 Amendment No. 931, to strike a reduction in the supplemental nutrition assistance program, with an Amendments Submitted: Pages S3663–97 offset that limits crop insurance reimbursements to Notices of Hearings/Meetings: Page S3697 providers. Pages S3636–37, S3647–48 Authorities for Committees to Meet: Pending: Pages S3697–98 Stabenow (for Leahy) Amendment No. 998, to es- Record Votes: Three record votes were taken today. tablish a pilot program for gigabit Internet projects (Total—131) Pages S3636, S3647–48 in rural areas. Page S3652 A unanimous-consent agreement was reached pro- Adjournment: Senate convened at 10 a.m. and ad- viding for further consideration of the bill at ap- journed at 6:35 p.m., until 9:30 a.m. on Wednes- proximately 10:30 a.m., on Wednesday, May 22, day, May 22, 2013. (For Senate’s program, see the 2013. Page S3698 remarks of the Majority Leader in today’s Record on page S3699.) D476

VerDate Mar 15 2010 04:23 May 22, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MY3.REC D21MYPT1 tjames on DSK6SPTVN1PROD with DIGEST May 21, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D477 RAECHEL AND JACQUELINE HOUCK SAFE Committee Meetings RENTAL CAR ACT (Committees not listed did not meet) Committee on Commerce, Science, and Transportation: Sub- committee on Consumer Protection, Product Safety, APPROPRIATIONS: GOVERNMENT and Insurance concluded a hearing to examine S. ACCOUNTABILITY OFFICE, GOVERNMENT 921, to amend chapter 301 of title 49, United States PRINTING OFFICE, AND THE Code, to prohibit the rental of motor vehicles that CONGRESSIONAL BUDGET OFFICE contain a defect related to motor vehicle safety, after Committee on Appropriations: Subcommittee on Legisla- receiving testimony from David L. Strickland, Ad- tive Branch concluded a hearing to examine pro- ministrator, National Highway Traffic Safety Ad- posed budget estimates for fiscal year 2014 for the ministration, Department of Transportation; Sharon Government Accountability Office, Government Faulkner, American Car Rental Association, Clifton Printing Office, and the Congressional Budget Of- Park, New York; Rosemary Shahan, Consumers for fice, after receiving testimony from Gene L. Dodaro, Auto Reliability and Safety, Sacramento, California; Comptroller General, Government Accountability Mitch Bainwol, Alliance of Automobile Manufactur- Office; Davita Vance-Cooks, Acting Public Printer, ers, Washington, D.C.; Peter Welch, National Auto- Government Printing Office; and Douglas Elmen- mobile Dealers Association, McLean, Virginia; and dorf, Director, Congressional Budget Office. Carol Houck, Ojai, California. U.S. FOREIGN ASSISTANCE FOR CHILDREN NATURAL GAS IN ADVERSITY Committee on Energy and Natural Resources: Committee Committee on Appropriations: Subcommittee on State, concluded a hearing to examine what the next appli- Foreign Operations, and Related Programs concluded cations are for natural gas and how this new demand a hearing to examine a review of United States for- will be met, focusing on domestic supply and nat- eign assistance for children in adversity, after receiv- ural gas exports, after receiving testimony from ing testimony from Donald Steinberg, Deputy Ad- Christopher Smith, Acting Assistant Secretary for ministrator, and Neil Boothby, Special Advisor for Fossil Energy, and Adam Sieminski, Administrator, Children in Adversity, both of the United States Energy Information Administration, both of the De- Agency for International Development; Caroline partment of Energy; Cal Dooley, American Chem- Ryan, Deputy Coordinator for Technical Leadership, istry Council, Charles Ebinger, The Brookings Insti- Office of the United States Global AIDS Coordi- tution, and Paul N. Cicio, Industrial Energy Con- nator, Department of State; Susan Bissell, United sumers of America, all of Washington, D.C.; Pat Nations Children’s Fund, New York, New York; Outtrim, Cheniere Energy, Inc., Austin, Texas; Jedd Medefind, Christian Alliance for Orphans, Deborah Rogers, EnergyPolicyForum, Fort Worth, McLean, Virginia; Phillip Goldman, Maestral Inter- Texas; E. Harry Vidas, ICF International, Fairfax, national, Minneapolis, Minnesota; and Charles Nel- Virginia; John Mohlis, The Oregon State Building son, Harvard Medical School, Cambridge, Massachu- and Construction Trades Council, Portland; and setts. Octavio Simoes, Sempra Energy, San Diego, Cali- FINANCIAL STABILITY OVERSIGHT fornia. COUNCIL ANNUAL REPORT IRS AND 501(c)(4) APPLICATIONS Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine the Fi- Committee on Finance: Committee concluded a hearing nancial Stability Oversight Council annual report to to examine a review of criteria used by the IRS to Congress, including S. 892, to amend the Iran identify 501(c)(4) applications for greater scrutiny, Threat Reduction and Syria Human Rights Act of after receiving testimony from Steven Miller, Acting 2012 to impose sanctions with respect to certain Commissioner, and Douglas Shulman, former Com- transactions in foreign currencies, after receiving tes- missioner, both of the Internal Revenue Service, and timony from Jacob J. Lew, Secretary of the Treasury. J. Russell George, Inspector General for Tax Admin- istration, all of the Department of the Treasury. NOMINATION Committee on the Budget: Committee concluded a hear- BUSINESS MEETING ing to examine the nomination of Brian C. Deese, Committee on Foreign Relations: Committee ordered fa- of Massachusetts, to be Deputy Director of the Of- vorably reported the following business items: fice of Management and Budget, after the nominee S. 960, to foster stability in Syria, with amend- testified and answered questions in his own behalf. ments; and

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S. Res. 143, recognizing the threats to freedom of concluded a hearing to examine offshore profit shift- the press and expression around the world and re- ing and the United States tax code, after receiving affirming freedom of the press as a priority in the testimony from Samuel M. Maruca, Director, Trans- efforts of the United States Government to promote fer Pricing Operations, Internal Revenue Service, and democracy and good governance on the occasion of Mark J. Mazur, Assistant Secretary for Tax Policy, World Press Freedom Day on May 3, 2013. both of the Department of the Treasury; Stephen E. AFGHANISTAN’S 2014 ELECTIONS Shay, Harvard Law School, Cambridge, Massachu- Committee on Foreign Relations: Subcommittee on Near setts; J. Richard Harvey, Jr., Villanova University Eastern and South and Central Asian Affairs con- School of Law, Villanova, Pennsylvania; and Timothy cluded a hearing to examine the prospect for Af- D. Cook, Peter Oppenheimer, and Phillip A. Bul- ghanistan’s 2014 elections, after receiving testimony lock, all of Apple, Inc., Cupertino, California. from David D. Pearce, Deputy Special Representa- tive for Afghanistan and Pakistan, Department of BUSINESS MEETING State; David Sedney, Deputy Assistant Secretary of Committee on the Judiciary: Committee continued con- Defense for Afghanistan, Pakistan and Central Asia; sideration of S. 744, to provide for comprehensive and Andrew Wilder, United States Institute of immigration reform. Peace, Sarah Chayes, Carnegie Endowment for Inter- national Peace, and Max Boot, Council on Foreign INTELLIGENCE Relations, all of Washington, D.C. Select Committee on Intelligence: Committee held closed OFFSHORE PROFIT SHIFTING hearings on intelligence matters, receiving testimony Committee on Homeland Security and Governmental Af- from officials of the intelligence community. fairs: Permanent Subcommittee on Investigations Committee recessed subject to the call. h House of Representatives the availability of on-job training and apprenticeship Chamber Action programs carried out by the Secretary of Veterans Public Bills and Resolutions Introduced: 21 pub- Affairs, by a 2⁄3 yea-and-nay vote of 416 yeas with lic bills, H.R. 2061–2081; 1 private bill, H.R. none voting ‘‘nay’’, Roll No. 164; 2082; and 3 resolutions, H. Con. Res. 37; and H. Pages H2813–15, H2830 Res. 229–230 were introduced. Pages H2837–39 American Heroes COLA Act: H.R. 570, amend- Additional Cosponsors: Pages H2839–40 ed, to amend title 38, United States Code, to pro- Report Filed: A report was filed today as follows: vide for annual cost-of-living adjustments to be H. Res. 228, providing for consideration of the made automatically by law each year in the rates of bill (H.R. 3) to approve the construction, operation, disability compensation for veterans with service- and maintenance of the Keystone XL pipeline, and connected disabilities and the rates of dependency for other purposes (H. Rept. 113–88). Page H2837 and indemnity compensation for survivors of certain Speaker: Read a letter from the Speaker wherein he service-connected disabled veterans; Pages H2815–17 appointed Representative Webster to act as Speaker Agreed to amend the title so as to read: ‘‘To pro tempore for today. Page H2805 amend title 38, United States Code, to provide for Recess: The House recessed at 10:42 a.m. and re- annual cost-of-living adjustments to be made automatically by law each year in the rates of disability convened at 12 noon. Page H2809 compensation for veterans with service-connected Chaplain: The prayer was offered by the guest chap- disabilities and the rates of dependency and indem- lain, Pastor Mark Turner, South Valley Community nity compensation for survivors of certain service- Church, Gilroy, California. Page H2809 connected disabled veterans, and for other pur- Suspensions: The House agreed to suspend the rules poses.’’. Page H2817 and pass the following measures: Granting the Congressional Gold Medal, collec- Improving Job Opportunities for Veterans Act of tively, to the First Special Service Force, in rec- 2013: H.R. 1412, amended, to improve and increase ognition of its superior service during World War

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II: H.R. 324, amended, to grant the Congressional MISCELLANEOUS MEASURES Gold Medal, collectively, to the First Special Service Committee on Appropriations: Full Committee held a Force, in recognition of its superior service during markup on Military Construction, Veterans Affairs, World War II, by a 2⁄3 yea-and-nay vote of 415 yeas and Related Agencies Appropriations Bill for FY with none voting ‘‘nay’’, Roll No. 165; 2014; and consideration of the Report on the Sub- Pages H2817–19, H2830–31 allocations of Budget Allocations. The bill was or- Helping Heroes Fly Act: H.R. 1344, amended, to dered reported, as amended. The Report on the Sub- amend title 49, United States Code, to direct the allocations of Budget Allocation for FY 2014 was Assistant Secretary of Homeland Security (Transpor- approved, as amended. tation Security Administration) to provide expedited PRESIDENT’S FISCAL YEAR 2014 BUDGET air passenger screening to severely injured or dis- PROPOSAL FOR THE U.S. DEPARTMENT OF abled members of the Armed Forces and severely in- EDUCATION jured or disabled veterans, by a 2⁄3 yea-and-nay vote of 413 yeas with none voting ‘‘nay’’, Roll No. 166; Committee on Education and the Workforce: Full Com- Pages H2819–25, H2831–32 mittee held a hearing entitled ‘‘Reviewing the Presi- dent’s Fiscal Year 2014 Budget Proposal for the U.S. Freedom to Fish Act: S. 982, to prohibit the Department of Education’’. Testimony was heard Corps of Engineers from taking certain actions to es- from Arne Duncan, Secretary, Department of Edu- tablish a restricted area prohibiting public access to cation. waters downstream of a dam; and Pages H2825–27 Authorizing the use of Emancipation Hall in CYBER THREATS AND SECURITY the Capitol Visitor Center for the unveiling of a SOLUTIONS statue of Frederick Douglass: S. Con. Res. 16, to Committee on Energy and Commerce: Full Committee authorize the use of Emancipation Hall in the Cap- held a hearing entitled ‘‘Cyber Threats and Security itol Visitor Center for the unveiling of a statue of Solutions’’. Testimony was heard from Patrick D. Frederick Douglass. Pages H2827–28 Gallagher, Under Secretary of Commerce for Stand- ards and Technology, Director National Institute of Question of Privilege: Representative Grayson rose Standards and Technology; and public witnesses. to a question of the privileges of the House and offered a resolution. The Chair ruled that the resolu- CYBERSECURITY: AN EXAMINATION OF tion did not constitute a question of the privileges THE COMMUNICATIONS SUPPLY CHAIN of the House. Pages H2828–30 Committee on Energy and Commerce: Subcommittee on Recess: The House recessed at 3:55 p.m. and recon- Communications and Technology held a hearing en- vened at 5:03 p.m. Page H2835 titled ‘‘Cybersecurity: An Examination of the Com- Senate Message: Message received from the Senate munications Supply Chain’’. Testimony was heard by the Clerk and subsequently presented to the from Mark Goldstein, Director, Physical Infrastruc- House today appears on page H2813. ture Issues, Government Accountability Office; and public witnesses. Senate Referral: S. 309 was held at the desk. Page H2813 QUALIFIED MORTGAGES: EXAMINING THE IMPACT OF THE ABILITY TO REPAY RULE Quorum Calls—Votes: Three yea-and-nay votes developed during the proceedings of today and appear Committee on Financial Services: Subcommittee on Fi- on pages H2830, H2830–31 and H2831–32. There nancial Institutions and Consumer Credit held a were no quorum calls. hearing entitled ‘‘Qualified Mortgages: Examining the Impact of the Ability to Repay Rule’’. Testi- Adjournment: The House met at 10 a.m. and ad- mony was heard from Peter Carroll, Assistant Direc- journed at 5:05 p.m. tor for Mortgage Markets, Consumer Financial Pro- tection Bureau; and Kelly Cochran, Assistant Direc- tor for Regulations, Consumer Financial Protection Committee Meetings Bureau. CFTC: MARKET PERSPECTIVES UNINTENDED CONSEQUENCES OF DODD- Committee on Agriculture: Full Committee held a hear- FRANK’S CONFLICT MINERALS PROVISION ing entitled ‘‘The Future of the CFTC: Market Per- Committee on Financial Services: Subcommittee on spectives’’. Testimony was heard from public wit- Monetary Policy and Trade held a hearing entitled nesses. ‘‘The Unintended Consequences of Dodd-Frank’s

VerDate Mar 15 2010 04:23 May 22, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MY3.REC D21MYPT1 tjames on DSK6SPTVN1PROD with DIGEST D480 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 2013 Conflict Minerals Provision’’. Testimony was heard heard from Richard Merrick, Chief Science Advisor, from public witnesses. National Marine Fisheries Services, National Oceanic CALL FOR ECONOMIC LIBERTY IN THE and Atmospheric Administration; and public wit- ARAB WORLD nesses. Committee on Foreign Affairs: Full Committee held a PERSPECTIVES ON THE MANAGEMENT OF hearing entitled ‘‘The Call for Economic Liberty in FEDERAL AND STATE LAND the Arab World’’. Testimony was heard from public Committee on Natural Resources: Subcommittee on Pub- witnesses. lic Lands and Environmental Regulation held a hear- THE GROWING CRISIS IN AFRICA’S SAHEL ing entitled ‘‘Perspectives on the Management of REGION Federal and State Land’’. Testimony was heard from Gary Herbert, Governor, State of Utah. Committee on Foreign Affairs: Subcommittee on Africa, Global Health, Global Human Rights, and Inter- EXAMINING THE CONCERN ABOUT national Organizations; Subcommittee on the Middle OBAMACARE OUTREACH CAMPAIGN East and North Africa; and Subcommittee on Ter- Committee on Oversight and Government Reform: Sub- rorism, Nonproliferation, and Trade held a joint committee on Energy Policy, Health Care and Enti- hearing entitled ‘‘The Growing Crisis in Africa’s tlements; Subcommittee on Economic Growth, Job Sahel Region’’. Testimony was heard from Donald Y. Creation and Regulatory Affairs held a joint hearing Yamamoto, Acting Assistant Secretary of State, Bu- entitled ‘‘Examining the Concern About ObamaCare reau of African Affairs, Department of State; Nancy Outreach Campaign’’. Testimony was heard from E. Lindborg, Assistant Administrator, Bureau for Gary Cohen, Deputy Administrator and Director, Democracy, Conflict and Humanitarian Assistance, Center for Consumer Information and Insurance U.S. Agency for International Development; and Oversight, Centers for Medicare and Medicaid Serv- public witnesses. ices. VISA SECURITY AND OVERSTAYS NORTHERN ROUTE APPROVAL ACT Committee on Homeland Security: Subcommittee on Border and Maritime Security held a hearing entitled Committee on Rules: Full Committee held a hearing on ‘‘Visa Security and Overstays: How Secure is Amer- H.R. 3, the ‘‘Northern Route Approval Act’’. The ica?’’. Testimony was heard from the following De- Committee granted, by voice vote, a structured rule partment of Homeland Security officials: John Wag- for H.R. 3. The rule provides 90 minutes of general ner, Acting Deputy Assistant Commissioner, Office debate equally divided among and controlled by the of Field Operations, Customs and Border Protection; respective chairs and ranking minority members of James Dinkins, Executive Associate Director, Home- the Committees on Transportation and Infrastruc- land Security Investigations, Immigration and Cus- ture, Energy and Commerce, and Natural Resources. toms Enforcement; Shonnie Lyon, Acting Director, The rule waives all points of order against consider- Office of Biometric Identity Management, National ation of the bill. The rule makes in order as original Protection and Programs Directorate; Rebecca Gam- text for purpose of amendment an amendment in the bler, Director of the Homeland and Security and nature of a substitute consisting of the text of Rules Justice, Government Accountability Office. Committee Print 113–11 and provides that it shall be considered as read. The rule waives all points of MISCELLANEOUS MEASURE order against the amendment in the nature of a sub- Committee on the Judiciary: Full Committee held a stitute. The rule makes in order only those further markup on H.R. 982, the ‘‘Furthering Asbestos amendments printed in the Rules Committee report. Claim Transparency Act of 2013’’. The bill was or- Each such amendment may be offered only in the dered reported, without amendment. order printed in the report, may be offered only by a Member designated in the report, shall be consid- DATA COLLECTION ISSUES IN RELATION ered as read, shall be debatable for the time specified TO THE REAUTHORIZATION OF THE in the report equally divided and controlled by the MAGNUSON–STEVENS FISHERY proponent and an opponent, shall not be subject to CONSERVATION AND MANAGEMENT ACT amendment, and shall not be subject to a demand Committee on Natural Resources: Subcommittees on for division of the question. The rule waives all Fisheries, Wildlife Oceans and Insular Affairs held a points of order against the amendments printed in hearing on data collection issues in relation to the the report. The rule provides one motion to recom- reauthorization of the Magnuson-Stevens Fishery mit with or without instructions. Testimony was Conservation and Management Act. Testimony was heard from Chairman Shuster and Representatives

VerDate Mar 15 2010 04:23 May 22, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21MY3.REC D21MYPT1 tjames on DSK6SPTVN1PROD with DIGEST May 21, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D481 Whitfield, Terry, Rush, Shea-Porter, Weber (TX), Health, Veterans Health Administration, Depart- and Jackson Lee. ment of Veterans Affairs; and public witnesses. CURRENT AND FUTURE APPLICATIONS OF PRESIDENT’S AND OTHER BIPARTISAN BIOMETRIC TECHNOLOGIES PROPOSALS TO REFORM MEDICARE Committee on Science, Space, and Technology: Sub- Committee on Ways and Means: Subcommittee on committee on Research and Subcommittee on Tech- Health held a hearing on the President’s and Other nology held a hearing entitled ‘‘The Current and Fu- Bipartisan Proposals to Reform Medicare. Testimony ture Applications of Biometric Technologies’’. Testi- was heard from public witnesses. mony was heard from Charles H. Romine, Director, Information Technology Laboratory, National Insti- tute of Standards and Technology; and public wit- Joint Meetings nesses. DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS NEXT STEPS IN HUMAN EXPLORATION TO MARS AND BEYOND Commission on Security and Cooperation in Europe: Com- Committee on Science, Space, and Technology: mission concluded a hearing to examine the Organi- Sub- zation for Security and Cooperation in Europe Office committee on Space held a hearing entitled ‘‘Next for Democratic Institutions and Human Rights, fo- Steps in Human Exploration to Mars and Beyond’’. cusing on accomplishments and challenges, includ- Testimony was heard from public witnesses. ing crackdowns on civil society in Russia and other THE ROLE OF U.S. SHIPS AND MARINERS countries of the former Soviet Union, anti-Semitism Committee on Transportation and Infrastructure: and discrimination in the OSCE region, challenges Sub- faced by Roma in various countries, recent and up- committee on Coast Guard and Maritime Transpor- coming election observations, and protecting human tation held a hearing entitled ‘‘Maritime Transpor- rights in the fight against terrorism, after receiving tation: The Role of U.S. Ships and Mariners’’. Testi- testimony from Janez Lenarcic, Organization for Se- mony was heard from John Porcari, Deputy Sec- curity and Cooperation in Europe Office for Demo- retary, Department of Transportation; General Wil- cratic Institutions and Human Rights, Warsaw, Po- liam M. Fraser III, Commander, Transportation land. Command; and public witnesses. f UNDERSTANDING THE COST DRIVERS OF PASSENGER RAIL NEW PUBLIC LAWS Committee on Transportation and Infrastructure: Sub- (For last listing of Public Laws, see DAILY DIGEST, p. D398) committee on Railroad, Pipelines, and Hazardous H.R. 1071, to specify the size of the precious- Materials held a hearing entitled ‘‘Understanding the metal blanks that will be used in the production of Cost Drivers of Passenger Rail’’. Testimony was the National Baseball Hall of Fame commemorative heard from Joseph H. Boardman, President and coins. Signed on May 17, 2013. (Public Law CEO, Amtrak; and public witnesses. 113–10) LEGISLATIVE MEASURES f Committee on Veterans’ Affairs: Subcommittee on COMMITTEE MEETINGS FOR WEDNESDAY, Health held a hearing on the following: legislation MAY 22, 2013 concerning the ‘‘Veterans Integrated Mental Health (Committee meetings are open unless otherwise indicated) Care Act of 2013’’; legislation concerning the ‘‘De- Senate manding Accountability for Veterans Act of 2013’’; H.R. 241, the ‘‘Veterans Timely Access to Health Committee on Appropriations: Subcommittee on Depart- Care Act’’; H.R. 288, the ‘‘CHAMPVA Children’s ment of Defense, to hold closed hearings to examine pro- Protection Act of 2013’’; and H.R. 1284, to amend posed budget estimates for fiscal year 2014 for the Army, title 38, United States Code, to provide for coverage 9 a.m., SD–192. Subcommittee on Department of the Interior, Environ- under the beneficiary travel program of the Depart- ment, and Related Agencies, to examine proposed budget ment of Veterans Affairs of certain disabled veterans estimates for fiscal year 2014 for the United States Forest for travel for certain special disabilities rehabilita- Service, 9:30 a.m., SD–124. tion, and for other purposes. Testimony was heard Committee on the Budget: to hold hearings to examine from Representatives Ross and Guthrie; Robert L. supporting broad-based economic growth and fiscal re- Jesse, M.D. Principal Deputy Under Secretary for sponsibility through tax reform, 2:30 p.m., SD–608.

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Committee on Commerce, Science, and Transportation: to Subcommittee on Intelligence, Emerging Threats and hold hearings to examine the nomination of Anthony Capabilities, markup on H.R. 1960, the ‘‘National De- Renard Foxx, of North Carolina, to be Secretary of Trans- fense Authorization Act for Fiscal Year 2014’’, 12 p.m., portation, 2:30 p.m., SR–253. 2118 Rayburn. Committee on Environment and Public Works: Sub- Subcommittee on Seapower and Projection Forces, committee on Water and Wildlife, to hold hearings to markup on H.R. 1960, the ‘‘National Defense Authoriza- examine nutrient trading and water quality, 2:30 p.m., tion Act for Fiscal Year 2014’’, 1:30 p.m., 2212 Ray- SD–406. burn. Committee on Finance: to hold hearings to examine S. Subcommittee on Military Personnel, markup on H.R. 662, to reauthorize trade facilitation and trade enforce- 1960, the ‘‘National Defense Authorization Act for Fiscal ment functions and activities, 10 a.m., SD–215. Year 2014’’, 3:30 p.m., 2118 Rayburn. Committee on Foreign Relations: Subcommittee on Inter- Committee on Education and the Workforce, Subcommittee national Development and Foreign Assistance, Economic on Workforce Protections, hearing entitled ‘‘Examining Affairs, International Environmental Protection, and the Regulatory and Enforcement Actions of the Equal Peace Corps, to hold hearings to examine different perspectives on international development, 10:30 a.m., Employment Opportunity Commission’’, 10 a.m., 2175 SD–419. Rayburn. Committee on Health, Education, Labor, and Pensions: busi- Committee on Energy and Commerce, Subcommittee on ness meeting to consider S. 959, to amend the Federal Oversight and Investigations, hearing entitled ‘‘Exam- Food, Drug, and Cosmetic Act with respect to ining SAMHSA’s Role in Delivering Services to the Se- compounding drugs, S. 957, to amend the Federal Food, verely Mentally Ill’’, 10 a.m., 2123 Rayburn. Drug, and Cosmetic Act with respect to the pharma- Subcommittee on Commerce, Manufacturing, and ceutical distribution supply chain, the nominations of Trade, markup on H.R. 2052, the ‘‘Global Investment in Mark Gaston Pearce, of New York, Richard F. Griffin, American Jobs Act of 2013’’, 4 p.m., 2123 Rayburn. Jr., of the District of Columbia, Sharon Block, of the Dis- Subcommittee on Environment and the Economy, hear- trict of Columbia, Harry I. Johnson III, of Virginia, and ing entitled ‘‘Federal and State Partnership for Environ- Philip Andrew Miscimarra, of Illinois, all to be a Member mental Protection Act of 2013; the ‘‘Reducing Excessive of the National Labor Relations Board, and any pending Deadline Obligations Act of 2013;’’ and the ‘‘Federal Fa- nominations, 10 a.m., SD–430. cility Accountability Act of 2013’’, 10:15 a.m., 2322 Committee on Homeland Security and Governmental Affairs: Rayburn. to hold hearings to examine performance management Committee on Financial Services, Full Committee, hearing and congressional oversight, focusing on 380 rec- entitled ‘‘The Annual Report of the Financial Stability ommendations to reduce overlap and duplication, 10 Oversight Council’’, 10 a.m., 2128 Rayburn. a.m., SD–342. Subcommittee on Oversight and Investigations, hearing Full Committee, to hold an oversight hearing to exam- entitled ‘‘Who Is Too Big to Fail: Are Large Financial In- ine business practices of durable medical equipment com- stitutions Immune from Federal Prosecution?’’, 2 p.m., panies, 2 p.m., SD–342. 2128 Rayburn. Full Committee, business meeting to consider the Committee on Foreign Affairs, Full Committee, markup nominations of Brian C. Deese, of Massachusetts, to be on H.R. 850, the ‘‘Nuclear Iran Prevention Act of 2013’’, Deputy Director of the Office of Management and Budg- 10 a.m., 2172 Rayburn. et, and Michael Kenny O’Keefe and Robert D. Okun, Subcommittee on the Middle East and North Africa, both to be an Associate Judge of the Superior Court of hearing entitled ‘‘The Middle East and North Africa FY the District of Columbia, 5 p.m., S–216, Capitol. 2014 Budget: Priorities and Challenges’’, 2 p.m., 2172 Committee on Small Business and Entrepreneurship: to hold hearings to examine how the Science, Technology, Engi- Rayburn. neering, and Mathematics (STEM) Education Pipeline can Committee on Homeland Security, Subcommittee on develop a high-skilled American workforce for small busi- Counterterrorism and Intelligence, hearing entitled ‘‘As- ness, focusing on bridging the skills gap, 10 a.m., sessing the Threat to the Homeland from al Qaeda Oper- SR–428A. ations in Iran and Syria’’, 10 a.m., 311 Cannon. Special Committee on Aging: to hold hearings to examine Committee on the Judiciary, Full Committee, hearing en- the Medicare prescription drug program, focusing on 10 titled ‘‘Protecting U.S. Citizens’ Constitutional Rights years later, 2:30 p.m., SD–366. During the War on Terror’’, 10 a.m., 2141 Rayburn. Full Committee, hearing on S. 744, the ‘‘Border Secu- House rity, Economic Opportunity and Immigration Moderniza- Committee on Appropriations, Full Committee, markup on tion Act’’; and the Immigration Reform and Control Act Homeland Security Appropriations Bill for FY 2014, 10 of 1986: Lessons Learned or Mistakes Repeated?, 2 p.m., a.m., 2359 Rayburn. 2141 Rayburn. Committee on Armed Services, Subcommittee on Strategic Committee on Natural Resources, Subcommittee on Energy Forces, markup on H.R. 1960, the ‘‘National Defense and Mineral Resources, hearing on the following meas- Authorization Act for Fiscal Year 2014’’, 10:30 a.m., ures: H.R. 1964, the ‘‘National Petroleum Reserve Alaska 2212 Rayburn.

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Access Act’’; H.R. 1965, the ‘‘Federal Lands Jobs and En- Committee on Transportation and Infrastructure, Sub- ergy Security Act’’; H.R. 1394, the ‘‘Planning for Amer- committee on Economic Development, Public Buildings, ican Energy Act of 2013’’; H.R. 555, the ‘‘BLM Live and Emergency Management, hearing entitled ‘‘Saving Internet Auctions Act’’, 10 a.m., 1324 Longworth. Taxpayer Dollars: Freezing the Federal Real Estate Foot- Committee on Oversight and Government Reform, Full Com- print’’, 10 a.m., 2167 Rayburn. mittee, hearing entitled ‘‘The IRS Targeting Americans Subcommittee on Water Resources and Environment, for Their Political Beliefs’’, 9:30 a.m., 2154 Rayburn. hearing entitled ‘‘The President’s Fiscal Year 2014 Budg- Full Committee, markup on the following legislation: et: Administration Priorities for the U.S. Environmental H.R. 2061 the ‘‘Digital Accountability and Transparency Protection Agency’’, 2 p.m., 2167 Rayburn. Act of 2013’’; H.R. 568, to amend title 5, United States Committee on Veterans’ Affairs, Full Committee, hearing Code, to require that the Office of Personnel Management entitled ‘‘Expediting Claims or Exploiting Statistics?’’ An submit an annual report to Congress relating to the use Examination of VA’s Special Initiative to Process Rating of official Time by Federal employees; H.R. 1380, the Claims Pending Over Two Years’’, 10 a.m., 334 Cannon. ‘‘Access to Congressionally Mandated Reports Act’’; legis- House Permanent Select Committee on Intelligence, Full lation regarding Alcohol and Tobacco Tax and Trade Bu- Committee, hearing entitled ‘‘Ongoing Intelligence Ac- reau Pay for Performance; and H.R. 1171, the ‘‘FOR tivities’’, 10:30 a.m., HVC–304. This is a closed hearing. VETS Act of 2013’’, 1 p.m., 2154 Rayburn. Full Committee, hearing entitled ‘‘Ongoing Intel- Committee on Rules, Full Committee, hearing on H.R. ligence Activities’’, 1 p.m., HVC–304. This is a closed 1911, the ‘‘Smarter Solutions for Students Act’’, 3 p.m., hearing. H–313 Capitol. Committee on Science, Space, and Technology, Subcommittee Joint Meetings on Energy, hearing entitled ‘‘Exascale Computing Chal- Joint Economic Committee: to hold hearings to examine lenges and Opportunities’’, 10 a.m., 2318 Rayburn. the current economic outlook, 10 a.m., SD–G50.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 22 10 a.m., Wednesday, May 22

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 3— morning business (not to extend beyond one hour), Senate Northern Route Approval Act (Subject to a Rule). will continue consideration of S. 954, the Farm bill. At 4 p.m., Senate will begin consideration of S. Res. 65, Iran Sanctions Resolution, with a vote on or in relation to the resolution at approximately 5 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Grayson, Alan, Fla., E715 McCaul, Michael T., Tex., E709 Guthrie, Brett, Ky., E707 Marchant, Kenny, Tex., E710 Beniskey, Dan, Mich., E710 Hastings, Alcee L., Fla., E711 Meadows, Markk, N.C., E716 Blackburn, Marsha, Tenn., E708 Heck, Denny, Wash., E713 Olson, Pete, Tex., E707, E710, E712, E713, E714, E716 Bonamici, Suzanne, Ore., E709 Hensarling, Jeb, Tex., E710, E714 Pastor, Ed, Ariz., E713 Cartwright, Matt, Pa., E709 Holt, Rush, N.J., E717 Peters, Gary C., Mich., E707 Coffman, Mike, Colo., E715 Huelskamp, Tim, Kans., E710 Rogers, Mike, Ala., E712 Davis, Susan A., Calif., E713 Jones, Walter B., N.C., E714 Schiff, Adam B., Calif., E713 DeLauro, Rosa L., Conn., E713 Latham, Tom, Iowa, E710, E711 Thompson, Bennie G., Miss., E708 Eshoo, Anna G., Calif., E709 Loebsack, David, Iowa, E708, E712 Walorski, Jackie, Ind., E716 Gerlach, Jim, Pa., E707, E708 Lowey, Nita M., N.Y., E714 Waxman, Henry A., Calif., E716

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